Current through 119-36
|
Disposition Table |
|
|---|---|
|
(Showing disposition of former sections of Title 2) |
|
Title 2 Former Classification | Title 2 New Classification |
29d | 4711 |
29d note (Pub. L. 101–194, title VIII, § 801(e), Nov. 30, 1989, 103 Stat. 1772) | 4711 note |
29d note (Pub. L. 101–194, title VIII, § 802(e), Nov. 30, 1989, 103 Stat. 1773) | 4711 note |
29d note (Pub. L. 101–194, title VIII, § 805, Nov. 30, 1989, 103 Stat. 1778) | 4711 note |
31 | 4501 |
31 note (Pub. L. 103–356, title I, § 101, Oct. 13, 1994, 108 Stat. 3410) | 4501 note |
31 note (Mar. 2, 1955, ch. 9, § 5, 69 Stat. 11) | 4501 note |
31 note (Aug. 2, 1946, ch. 753, title VI, § 601(a), 60 Stat. 850) | 4501 note |
31 note (Pub. L. 113–3, § 1, Feb. 4, 2013, 127 Stat. 51) | 4501 note |
31 note (Pub. L. 104–186, § 1(a), Aug. 20, 1996, 110 Stat. 1718) | 4501 note |
31 note (Pub. L. 88–426, title II, § 201, Aug. 14, 1964, 78 Stat. 413) | 4501 note |
31 note (Pub. L. 113–3, § 3, Feb. 4, 2013, 127 Stat. 51) | 4501 note |
31 note (Pub. L. 113–46, div. A, § 146, Oct. 17, 2013, 127 Stat. 565) | 4501 note |
31 note (Pub. L. 112–240, title VIII, § 802, Jan. 2, 2013, 126 Stat. 2369) | 4501 note |
31 note (Pub. L. 111–165, § 1, May 14, 2010, 124 Stat. 1185) | 4501 note |
31 note (Pub. L. 111–8, div. J, § 103, Mar. 11, 2009, 123 Stat. 988) | 4501 note |
31 note (Pub. L. 109–289, div. B, title I, § 115, as added by Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 12) | 4501 note |
31 note (Pub. L. 103–6, § 7, Mar. 4, 1993, 107 Stat. 35) | 4501 note |
31 note (Pub. L. 98–63, title I, § 908(d), (f), July 30, 1983, 97 Stat. 338) | 4501 note |
31 note (Pub. L. 97–51, § 130(c), Oct. 1, 1981, 95 Stat. 966) | 4502 |
31–2 | 4725 |
31–2 note (Pub. L. 102–90, title III, § 314(g), Aug. 14, 1991, 105 Stat. 470) | 4725 note |
31–3 | 4726 |
31–3 note (Pub. L. 110–81, title V, § 544(f), Sept. 14, 2007, 121 Stat. 771) | 4726 note |
31–3 note (Pub. L. 110–81, title V, § 544(e), Sept. 14, 2007, 121 Stat. 771) | 4726 note |
31a–1 | 6102 |
31a–1 note (Pub. L. 108–447, div. G, title I, § 13(c), Dec. 8, 2004, 118 Stat. 3172) | 6102 note |
31a–1 note (Pub. L. 108–7, div. H, title I, § 1(f), Feb. 20, 2003, 117 Stat. 349) | 6102 note |
31a–2 | 6135 |
31a–2a | 6136 |
31a–2b | 6137 |
31a–2c | 6138 |
31a–2d | 6101 |
31a–3 | 6159 |
31a–4 | 6160 |
31b | 5121 |
31b–1 | 5125 |
31b–1 note (Pub. L. 91–665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989) | 5125 note |
31b–1 note (Pub. L. 93–532, § 1(a), Dec. 22, 1974, 88 Stat. 1723) | 5125 note |
31b–2 | 5126 |
31b–4 | 5127 |
31b–5 | 5128 |
31b–7 | 5129 |
31b–7 note (Pub. L. 103–69, title I, § 101A(b), Aug. 11, 1993, 107 Stat. 699) | 5129 note |
32 | 6111 |
32a | 6112 |
32b | 6115 |
32b note (Pub. L. 108–7, div. H, title I, § 7, Feb. 20, 2003, 117 Stat. 350) | 6115 note |
33 | 6301 |
33 note (Pub. L. 97–51, § 112(e), Oct. 1, 1981, 95 Stat. 963) | 6301 note |
34 | 5301 |
35 | 5302 |
35a | 5303 |
36 | 6302 |
36a | 4592 |
37 | 5304 |
38a | 5305 |
38b | omitted |
39 | 5306 |
40 | 4522 |
40a | 4523 |
42a | 6116 |
43b–2 | 5343 |
43b–3 | 5344 |
43d | 6311 |
46a | 6117 |
46a note (Pub. L. 108–7, div. H, title I, § 2(b), Feb. 20, 2003, 117 Stat. 349) | 6117 note |
46a note (Pub. L. 92–607, ch. V, § 506(k), formerly § 506(h), Oct. 31, 1972, 86 Stat. 1507) | 6117 note |
46a note (July 15, 1952, ch. 758, Ch. II, 66 Stat. 639) | 6117 note |
46a note (Sept. 27, 1950, ch. 1052, Ch. II, 64 Stat. 1047) | 6117 note |
46a note (Oct. 10, 1949, ch. 662, title I, 63 Stat. 738) | 6117 note |
46a note (May 10, 1948, ch. 270, 62 Stat. 213) | 6117 note |
46a note (May 1, 1947, ch. 49, title I, 61 Stat. 58) | 6117 note |
46a note (July 23, 1946, ch. 591, title I, 60 Stat. 602) | 6117 note |
46a note (Dec. 28, 1945, ch. 589, title I, 59 Stat. 633) | 6117 note |
46a–1 | 6573 |
46a–1 note (Pub. L. 96–304, title I, § 112(b), July 8, 1980, 94 Stat. 892) | 6573 note |
46a–1 note (Pub. L. 92–607, ch. V, § 506(l), formerly § 506(i), Oct. 31, 1972, 86 Stat. 1508) | 6573 note |
46a–1 note (Pub. L. 101–163, title I, § 6, Nov. 21, 1989, 103 Stat. 1045) | 6573 note |
46b–1 | 5534 |
46d–1 | 6118 |
47 | 4521 |
48 | 5307 |
49 | 5310 |
50 | 5308 |
51 | 4110 |
51 note (Pub. L. 105–275, title II, § 209, Oct. 21, 1998, 112 Stat. 2448) | 4110 note |
51 note (Pub. L. 97–245, Aug. 26, 1982, 96 Stat. 313) | 4110 note |
54 | 5345 |
55 | 6316 |
57 | 4313 |
57 note (Pub. L. 106–57, title I, § 103(c), Sept. 29, 1999, 113 Stat. 416) | 4313 note |
57 note (Pub. L. 101–520, title I, § 104, Nov. 5, 1990, 104 Stat. 2262) | 4313 note |
57a | 4314 |
57b | 5341 |
58 | 6314 |
58 note (Pub. L. 106–57, title I, § 1[(a)], Sept. 29, 1999, 113 Stat. 410) | 6314 note |
58 note (Pub. L. 106–57, title I, § 1(c), Sept. 29, 1999, 113 Stat. 411) | 6314 note |
58 note (Pub. L. 105–275, title I, § 1(a), Oct. 21, 1998, 112 Stat. 2432) | 6314 note |
58 note (Pub. L. 105–55, title I, § 3(a), Oct. 7, 1997, 111 Stat. 1180) | 6314 note |
58 note (Pub. L. 102–90, title I, § 7(c), Aug. 14, 1991, 105 Stat. 451) | 6314 note |
58 note (Pub. L. 101–520, title I, § 4(d), Nov. 5, 1990, 104 Stat. 2258) | 6314 note |
58 note (Pub. L. 101–520, title I, § 8, Nov. 5, 1990, 104 Stat. 2259) | 6314 note |
58 note (Pub. L. 101–520, title I, § 9(b), Nov. 5, 1990, 104 Stat. 2260) | 6314 note |
58 note (Pub. L. 100–458, title I, §§ 8(b), 14(b), Oct. 1, 1988, 102 Stat. 2162, 2163) | 6314 note |
58 note (Pub. L. 100–137, § 1(b)(1)–(5), Oct. 21, 1987, 101 Stat. 815–818) | 6314 note |
58 note (Pub. L. 99–65, § 2, July 12, 1985, 99 Stat. 163) | 6314 note |
58 note (Pub. L. 98–181, title I, § 1204(b), Nov. 30, 1983, 97 Stat. 1290) | 6314 note |
58 note (Pub. L. 97–276, § 101(e), Oct. 2, 1982, 96 Stat. 1189 [§ 103(b) of S. 2939]) | 6314 note |
58 note (Pub. L. 97–276, § 101(e), Oct. 2, 1982, 96 Stat. 1189 [§ 106(b) of S. 2939]) | 6314 note |
58 note (Pub. L. 97–257, title I, § 104(b), Sept. 10, 1982, 96 Stat. 849) | 6314 note |
58 note (Pub. L. 97–51, § 122, Oct. 1, 1981, 95 Stat. 965) | 6314 note |
58 note (Pub. L. 96–304, title I, § 101, July 8, 1980, 94 Stat. 889) | 6314 note |
58 note (Pub. L. 96–304, title I, § 103, July 8, 1980, 94 Stat. 889) | 6314 note |
58 note (Pub. L. 96–304, title I, § 104, July 8, 1980, 94 Stat. 889) | 6314 note |
58 note (Pub. L. 95–391, title I, § 108(b), Sept. 30, 1978, 92 Stat. 773) | 6314 note |
58 note (Pub. L. 95–240, title II, § 208, Mar. 7, 1978, 92 Stat. 117) | 6314 note |
58 note (Pub. L. 95–94, title I, § 112(f), Aug. 5, 1977, 91 Stat. 665) | 6314 note |
58 note (Pub. L. 93–145, § 101, Nov. 1, 1973, 87 Stat. 532) | 6314 note |
58 note (Pub. L. 103–69, title I, § 2, Aug. 11, 1993, 107 Stat. 695) | 6314 note |
58 note (Pub. L. 101–163, title I, § 5(b), Nov. 21, 1989, 103 Stat. 1045) | 6314 note |
58a | 6315 |
58a note (Pub. L. 104–53, title I, § 5, Nov. 19, 1995, 109 Stat. 517) | 6315 note |
58a note (Pub. L. 107–68, title I, § 104(b), Nov. 12, 2001, 115 Stat. 568) | 6315 note |
58a note (Pub. L. 104–197, title I, § 4(b), Sept. 16, 1996, 110 Stat. 2397) | 6315 note |
58a–1 | 6621 |
58a–1 note (Pub. L. 100–123, § 4, Oct. 5, 1987, 101 Stat. 795) | 6621 note |
58a–2 | 6622 |
58a–3 | 6623 |
58a–4 | 6624 |
58c | 6313 |
58c note (Pub. L. 105–55, title I, § 3(d), Oct. 7, 1997, 111 Stat. 1180) | 6313 note |
59 | 6317 |
59 note (Pub. L. 108–7, div. H, title I, § 4(b), Feb. 20, 2003, 117 Stat. 350) | 6317 note |
59 note (Pub. L. 96–304, title I, § 109, July 8, 1980, 94 Stat. 890) | 6317 note |
59 note (Pub. L. 94–59, title I, § 106(b), July 25, 1975, 89 Stat. 276) | 6317 note |
59–1 | 6318 |
59b | 6320 |
59d | 5346 |
59d–1 | 6319 |
59e | 503 |
59e note (Pub. L. 108–83, title I, § 105(b), Sept. 30, 2003, 117 Stat. 1018) | 503 note |
59e note (Pub. L. 106–19, § 1(b), Apr. 8, 1999, 113 Stat. 29) | 503 note |
59f | 504 |
59f note (Pub. L. 103–283, title I, § 3(c), July 22, 1994, 108 Stat. 1427) | 504 note |
59g | 505 |
59h | 506 |
60–1 | 4101 |
60–2 | 4724 |
60a–1 | 4571 |
60a–1 note (Pub. L. 100–202, § 101(i) [title III, § 311(c)], Dec. 22, 1987, 101 Stat. 1329–290, 1329–310) | 4571 note |
60a–1 note (Pub. L. 89–504, title III, § 302(g), (h), July 18, 1966, 80 Stat. 295) | 4571 note |
60a–1 note (Pub. L. 89–301, § 11(g), (h), Oct. 29, 1965, 79 Stat. 1121) | 4571 note |
60a–1 note (Pub. L. 88–426, title II, § 202(f), (g), Aug. 14, 1964, 78 Stat. 414) | 4571 note |
60a–1 note (Pub. L. 87–793, title VI, § 1005(c), (d), Oct. 11, 1962, 76 Stat. 867) | 4571 note |
60a–1 note (Pub. L. 86–568, title I, § 117(c), (d), July 1, 1960, 74 Stat. 303) | 4571 note |
60a–1 note (Pub. L. 85–462, § 4(c), (d), June 20, 1958, 72 Stat. 208) | 4571 note |
60a–1 note (June 28, 1955, ch. 189, § 4(c), 69 Stat. 176) | 4571 note |
60a–1 note (Oct. 24, 1951, ch. 554, § 2(e), 65 Stat. 614) | 4571 note |
60a–1 note (Oct. 28, 1949, ch. 783, title I, § 101(d), 63 Stat. 974) | 4571 note |
60a–1a | 4572 |
60a–1b | 4573 |
60a–2 | 4531 |
60a–2 note (Pub. L. 85–462, § 4(k), (l), June 20, 1958, 72 Stat. 209) | 4531 note |
60a–2 note (June 28, 1955, ch. 189, § 4(c), 69 Stat. 176) | 4531 note |
60a–2 note (Oct. 24, 1951, ch. 554, § 2(e), 65 Stat. 614) | 4531 note |
60a–2 note (Oct. 28, 1949, ch. 783, title I, § 101(d), 63 Stat. 974) | 4531 note |
60a–2a | 4532 |
60c–1 | 4591 |
60c–1 note (Pub. L. 97–257, title I, § 105(c), Sept. 10, 1982, 96 Stat. 849) | 4591 note |
60c–1 note (Pub. L. 97–51, § 111(b), Oct. 1, 1981, 95 Stat. 962) | 4591 note |
60c–1 note (Pub. L. 96–38, title I, § 108(b), July 25, 1979, 93 Stat. 113) | 4591 note |
60c–1 note (Pub. L. 92–136, § 9(b), Oct. 11, 1971, 85 Stat. 378) | 4591 note |
60c–1 note (Pub. L. 86–426, § 3, Apr. 20, 1960, 74 Stat. 54) | 4591 note |
60c–2a | 6568 |
60c–3 | 4594 |
60c–4 | 4524 |
60c–5 | 4579 |
60c–5 note (Pub. L. 112–74, div. G, title I, § 1001(c), Dec. 23, 2011, 125 Stat. 1124) | 4579 note |
60c–6 | 4536 |
60d–1 | 4551 |
60d–1 note (Pub. L. 107–68, title I, § 116(c), Nov. 12, 2001, 115 Stat. 573) | 4551 note |
60e–1a | 4555 |
60e–1b | 4556 |
60e–1c | 4557 |
60e–1d | 4558 |
60e–2a | 1853 |
60e–2b | 1854 |
60g–2 | 5322 |
60g–2 note (Pub. L. 93–245, ch. VI, Jan. 3, 1974, 87 Stat. 1079 [§ 3 of House Res. 420, 93d Congress]) | 5322 note |
60j | 4507 |
60j note (Pub. L. 96–304, title I, § 107(d), July 8, 1980, 94 Stat. 890) | 4507 note |
60j note (Pub. L. 95–391, title I, § 110(b), Sept. 30, 1978, 92 Stat. 775) | 4507 note |
60j note (Pub. L. 95–240, title II, § 205, Mar. 7, 1978, 92 Stat. 117) | 4507 note |
60j note (Pub. L. 87–730, § 106(e), Oct. 2, 1962, 76 Stat. 695) | 4507 note |
60j–1 | 1927 note |
60j–1 note (Pub. L. 88–454, § 104(d), Aug. 20, 1964, 78 Stat. 550) | 1927 note |
60j–2 | 4508 |
60j–4 | 4509 |
60k | 1313 note |
60l | 1311 note |
60o | 4537 |
60o note (Pub. L. 105–55, title I, § 103(b), Oct. 7, 1997, 111 Stat. 1183) | 4537 note |
60o note (Pub. L. 106–554, § 1(a)(2) [title I, § 6], Dec. 21, 2000, 114 Stat. 2763, 2763A–97) | 4580 |
60p | 4595 |
60q | 4505 |
60q note (Pub. L. 112–74, div. G, title I, § 1401(c), Dec. 23, 2011, 125 Stat. 1134) | 4505 note |
61 | 4574 |
61–1 | 4575 |
61–1 note (Pub. L. 111–68, div. A, title I, § 1, Oct. 1, 2009, 123 Stat. 2026) | 4575 note |
61–1 note (Pub. L. 111–8, div. G, title I, § 1, Mar. 11, 2009, 123 Stat. 814) | 4575 note |
61–1 note (Pub. L. 110–161, div. H, title I, § 1, Dec. 26, 2007, 121 Stat. 2220) | 4575 note |
61–1 note (Pub. L. 110–161, div. H, title I, § 4(b), Dec. 26, 2007, 121 Stat. 2221) | 4575 note |
61–1 note (Pub. L. 109–55, title I, § 1, Aug. 2, 2005, 119 Stat. 568) | 4575 note |
61–1 note (Pub. L. 108–447, div. G, title I, § 1, Dec. 8, 2004, 118 Stat. 3168) | 4575 note |
61–1 note (Pub. L. 108–83, title I, § 1, Sept. 30, 2003, 117 Stat. 1010) | 4575 note |
61–1 note (Pub. L. 108–7, div. H, title I, § 3, Feb. 20, 2003, 117 Stat. 349) | 4575 note |
61–1 note (Pub. L. 107–68, title I, § 106, Nov. 12, 2001, 115 Stat. 568) | 4575 note |
61–1 note (Pub. L. 106–57, title I, § 2, Sept. 29, 1999, 113 Stat. 411) | 4575 note |
61–1 note (Pub. L. 105–275, title I, § 8, Oct. 21, 1998, 112 Stat. 2434) | 4575 note |
61–1 note (Pub. L. 105–55, title I, § 5, Oct. 7, 1997, 111 Stat. 1181) | 4575 note |
61–1 note (Pub. L. 100–202, § 101(i) [title I, § 1(b)], Dec. 22, 1987, 101 Stat. 1329–290, 1329–294) | 4575 note |
61–1 note (Pub. L. 100–137, § 1(c)(1), Oct. 21, 1987, 101 Stat. 818) | 4575 note |
61–1 note (Pub. L. 100–71, title I, § 3(a), July 11, 1987, 101 Stat. 423) | 4575 note |
61–1 note (Pub. L. 98–367, title I, § 3(b), July 17, 1984, 98 Stat. 475) | 4575 note |
61–1 note (Pub. L. 98–367, title I, § 12(c), July 17, 1984, 98 Stat. 477) | 4575 note |
61–1 note (Pub. L. 98–181, title I, § 1203(b), Nov. 30, 1983, 97 Stat. 1290) | 4575 note |
61–1 note (Pub. L. 96–304, title I, § 112(b), July 8, 1980, 94 Stat. 892) | 4575 note |
61–1 note (Pub. L. 94–440, title I, § 101(a), Oct. 1, 1976, 90 Stat. 1443) | 4575 note |
61–1 note (Pub. L. 93–371, § 6, Aug. 13, 1974, 88 Stat. 430) | 4575 note |
61–1 note (Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 532, 533) | 4575 note |
61–1 note (Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 633) | 4575 note |
61–1 note (Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 340) | 4575 note |
61–1 note (Pub. L. 90–57, § 105(k), July 28, 1967, 81 Stat. 144) | 4575 note |
61–1 note (Pub. L. 108–83, title I, § 10, Sept. 30, 2003, 117 Stat. 1014) | 4575 note |
61–1 note (Pub. L. 94–59, title I, § 105, July 25, 1975, 89 Stat. 275) | 4575 note |
61–1 note (Pub. L. 94–157, title I, § 111(c), Dec. 18, 1975, 89 Stat. 832) | 4575 note |
61–1 note (Pub. L. 93–371, § 4, Aug. 13, 1974, 88 Stat. 429) | 4575 note |
61–1 note (Pub. L. 94–157, title I, § 111(c), Dec. 18, 1975, 89 Stat. 832) | 4575 note |
61–1 note (Pub. L. 95–94, title I, § 111(a), (b), Aug. 5, 1977, 91 Stat. 662) | 4575 note |
61–1 note (Pub. L. 100–137, § 3, Oct. 21, 1987, 101 Stat. 819) | 4575 note |
61–1 note (Pub. L. 95–94, title I, § 111(d), Aug. 5, 1977, 91 Stat. 663) | 4575 note |
61–1 note (Pub. L. 100–71, title I, § 3(b), (c), July 11, 1987, 101 Stat. 423) | 4575 note |
61–1 note (Pub. L. 99–349, title I, § 1, July 2, 1986, 100 Stat. 741) | 4575 note |
61–1 note (Pub. L. 99–88, title I, § 191, Aug. 15, 1985, 99 Stat. 348) | 4575 note |
61–1 note (Pub. L. 98–367, title I, § 9, July 17, 1984, 98 Stat. 475) | 4575 note |
61–1 note (Pub. L. 98–63, title I, § 901, July 30, 1983, 97 Stat. 335) | 4575 note |
61–1 note (Pub. L. 97–257, title I, Sept. 10, 1982, 96 Stat. 849) | 4575 note |
61–1 note (Pub. L. 97–12, title I, § 106, June 5, 1981, 95 Stat. 62) | 4575 note |
61–1 note (Pub. L. 96–304, title I, § 105, July 8, 1980, 94 Stat. 889) | 4575 note |
61–1 note (Pub. L. 96–86, § 111(a), (b), Oct. 12, 1979, 93 Stat. 660, 661) | 4575 note |
61–1 note (Pub. L. 95–391, title I, § 104(a), Sept. 30, 1978, 92 Stat. 772) | 4575 note |
61–1 note (Pub. L. 95–26, title I, May 4, 1977, 91 Stat. 81) | 4575 note |
61–1 note (Pub. L. 94–157, title I, ch. IV, Dec. 18, 1975, 89 Stat. 830) | 4575 note |
61–1 note (Pub. L. 94–32, title I, June 12, 1975, 89 Stat. 182) | 4575 note |
61–1 note (Pub. L. 93–371, Aug. 13, 1974, 88 Stat. 425) | 4575 note |
61–1 note (Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 340) | 4575 note |
61–1 note (Pub. L. 90–239, ch. IV, Jan. 2, 1968, 81 Stat. 774) | 4575 note |
61–1 note (Pub. L. 89–697, ch. VI, Oct. 27, 1966, 80 Stat. 1063) | 4575 note |
61–1 note (Pub. L. 88–25, title I, May 17, 1963, 77 Stat. 31) | 4575 note |
61–1 note (Pub. L. 87–545, title I, July 25, 1962, 76 Stat. 215) | 4575 note |
61–1 note (June 28, 1955, ch. 189, § 4(d), (f), 69 Stat. 176, 177) | 4575 note |
61–1 note (Oct. 24, 1951, ch. 554, § 2(c)(1), 65 Stat. 614) | 4575 note |
61–1 note (Pub. L. 89–504, title III, § 302(f), July 18, 1966, 80 Stat. 295) | 4575 note |
61–1 note (Pub. L. 89–301, § 11(f), Oct. 29, 1965, 79 Stat. 1121) | 4575 note |
61–1 note (Pub. L. 88–426, title II, § 202(e), Aug. 14, 1964, 78 Stat. 413) | 4575 note |
61–1 note (Pub. L. 87–793, title VI, § 1005(b), Oct. 11, 1962, 76 Stat. 867) | 4575 note |
61–1 note (Pub. L. 86–568, title I, § 117(b), July 1, 1960, 74 Stat. 303) | 4575 note |
61–1 note (Pub. L. 85–462, § 4(b), June 20, 1958, 72 Stat. 207) | 4575 note |
61–1 note (June 28, 1955, ch. 189, § 4(e)(2), 69 Stat. 177) | 4575 note |
61–1 note (Oct. 28, 1949, ch. 783, title I, § 101(c)(1), 63 Stat. 974) | 4575 note |
61–1 note (Oct. 28, 1949, ch. 783, title I, § 101(c)(2), 63 Stat. 974) | 4575 note |
61–1 note (Dec. 20, 1944, ch. 617, § 2(b), 58 Stat. 832) | 4575 note |
61–1 note (Pub. L. 95–4, Feb. 16, 1977, 91 Stat. 12) | 4575 note |
61–1 note (Pub. L. 94–32, title I, § 5, June 12, 1975, 89 Stat. 183) | 4575 note |
61–1 note (Pub. L. 86–213, Sept. 1, 1959, 73 Stat. 443) | 4575 note |
61–1a | 4576 |
61–1b | 4577 |
61–1c | 4581 |
61a | 6531 |
61a note (Pub. L. 93–371, § 4, Aug. 13, 1974, 88 Stat. 429 [Eff. Date of 1974 Amendment note]) | 6531 note |
61a note (Pub. L. 93–371, § 4, Aug. 13, 1974, 88 Stat. 429 [1974 Adjustment in Compensation note]) | 6531 note |
61a–3 | 6534 |
61a–9 | 6565 |
61a–9a | 6564 |
61a–9a note (Pub. L. 98–367, title I, § 1, July 17, 1984, 98 Stat. 474) | 6564 note |
61a–9a note (Pub. L. 97–12, title I, § 102, June 5, 1981, 95 Stat. 61) | 6564 note |
61a–9a note (Pub. L. 95–355, title I, § 101, Sept. 8, 1978, 92 Stat. 533) | 6564 note |
61a–9a note (Pub. L. 95–94, title I, § 106, Aug. 5, 1977, 91 Stat. 661) | 6564 note |
61a–11 | 6539 |
61b | 6535 |
61b note (Pub. L. 86–213, Sept. 1, 1959, 73 Stat. 443) | 6535 note |
61b–3 | 6541 |
61b–3 note (Pub. L. 97–257, title I, § 107, Sept. 10, 1982, 96 Stat. 850) | 6541 note |
61c–1 | 6540 |
61c–2 | 6537 |
61c–2 note (Pub. L. 89–90, July 27, 1965, 79 Stat. 266) | 6537 note |
61c–2 note (May 19, 1956, ch. 313, Ch. XII, 70 Stat. 175) | 6537 note |
61d | 6651 |
61d–1 | 6652 |
61d–2 | 6653 |
61d–4 | 6654 |
61e | 6591 |
61e–1 | 6594 |
61e–1 note (Pub. L. 94–226, § 1(b), Mar. 9, 1976, 90 Stat. 203) | 6594 note |
61e–1 note (Pub. L. 94–226, § 1(c), Mar. 9, 1976, 90 Stat. 203) | 6594 note |
61e–1 note (Pub. L. 94–226, § 1(a), Mar. 9, 1976, 90 Stat. 203) | 6594 note |
61e–2 | 6595 |
61e–3 | 6593 |
61e–4 | 6598 |
61f–1a | 6612 |
61f–1a note (Pub. L. 101–520, title I, § 6, Nov. 5, 1990, 104 Stat. 2258) | 6612 note |
61f–1a note (Pub. L. 100–458, title I, § 6, Oct. 1, 1988, 102 Stat. 2161) | 6612 note |
61f–1a note (Pub. L. 97–12, title I, § 108, June 5, 1981, 95 Stat. 62) | 6612 note |
61f–1a note (Pub. L. 96–86, § 111(c), Oct. 12, 1979, 93 Stat. 661) | 6612 note |
61f–7 | 6597 |
61f–7 note (Pub. L. 102–90, title I, § 8, Aug. 14, 1991, 105 Stat. 451) | 6597 note |
61f–7 note (Pub. L. 102–90, title I, § 9, Aug. 14, 1991, 105 Stat. 452) | 6597 note |
61f–8 | 6599 |
61f–9 | 6596 |
61f–10 | 6502 |
61f–11 | 6620 |
61f–12 | 6628 |
61f–12 note (Pub. L. 109–289, div. B, title II, § 20701(c)(2), as added by Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 38) | 6628 note |
61f–13 | 6633 |
61f–14 | 6617 |
61g | 6151 |
61g note (Pub. L. 95–26, title I, § 102(b), May 4, 1977, 91 Stat. 82) | 6151 note |
61g–4 | 6156 |
61g–5 | 6152 |
61g–6 | 6155 |
61g–6 note (Pub. L. 108–83, title I, § 2(b), Sept. 30, 2003, 117 Stat. 1010) | 6155 note |
61g–6 note (Pub. L. 107–68, title I, § 105(b), Nov. 12, 2001, 115 Stat. 568) | 6155 note |
61g–6 note (Pub. L. 101–520, title I, Nov. 5, 1990, 104 Stat. 2256) | 6155 note |
61g–6 note (Pub. L. 101–163, title I, Nov. 21, 1989, 103 Stat. 1043) | 6155 note |
61g–6 note (Pub. L. 97–276, § 101(e) [title I, § 105], Oct. 2, 1982, 96 Stat. 1189) | 6155 note |
61g–6a | 6153 |
61g–6a note (Pub. L. 104–53, title I, § 7(b), Nov. 19, 1995, 109 Stat. 518) | 6153 note |
61g–6a note (Pub. L. 102–90, title I, § 1(b), Aug. 14, 1991, 105 Stat. 450) | 6153 note |
61g–6a note (Pub. L. 101–163, title I, § 1, Nov. 21, 1989, 103 Stat. 1044) | 6153 note |
61g–6a note (Pub. L. 100–458, title I, § 1, Oct. 1, 1988, 102 Stat. 2161) | 6153 note |
61g–6a note (Pub. L. 100–202, § 101(i) [title I, § 7], Dec. 22, 1987, 101 Stat. 1329–290, 1329–294) | 6153 note |
61g–6b | 6154 |
61g–7 | 6157 |
61g–8 | 6158 |
61g–8 note (Pub. L. 101–163, title I, § 2, Nov. 21, 1989, 103 Stat. 1044) | 6158 note |
61g–8 note (Pub. L. 100–458, title I, § 2, Oct. 1, 1988, 102 Stat. 2161) | 6158 note |
61g–8 note (Pub. L. 100–202, § 101(i) [title I], Dec. 22, 1987, 101 Stat. 1329–290, 1329–292) | 6158 note |
61h–4 | 6131 |
61h–5 | 6132 |
61h–6 | 6501 |
61h–6 note (Pub. L. 111–8, div. G, title I, § 2(b), Mar. 11, 2009, 123 Stat. 815) | 6501 note |
61h–6 note (Pub. L. 108–7, div. H, title I, § 6(b), Feb. 20, 2003, 117 Stat. 350) | 6501 note |
61h–6 note (Pub. L. 107–68, title I, § 101(b), Nov. 12, 2001, 115 Stat. 563) | 6501 note |
61h–6 note (Pub. L. 105–275, title I, § 4(c), Oct. 21, 1998, 112 Stat. 2433) | 6501 note |
61h–6 note (Pub. L. 101–302, title III, § 314(b), May 25, 1990, 104 Stat. 246) | 6501 note |
61h–6 note (Pub. L. 95–94, title I, § 110(b), Aug. 5, 1977, 91 Stat. 662) | 6501 note |
61h–6 note (Pub. L. 110–161, div. H, title I, § 8, Dec. 26, 2007, 121 Stat. 2222) | 6501 note |
61h–6 note (Pub. L. 109–55, title I, § 2, Aug. 2, 2005, 119 Stat. 568) | 6501 note |
61h–6 note (Pub. L. 108–447, div. G, title I, § 2, Dec. 8, 2004, 118 Stat. 3169) | 6501 note |
61h–6 note (Pub. L. 108–83, title I, § 6, Sept. 30, 2003, 117 Stat. 1013) | 6501 note |
61h–7 | 6133 |
61h–7 note (Pub. L. 101–163, title I, § 9, Nov. 21, 1989, 103 Stat. 1046) | 6133 note |
61j–2 | 6134 |
61k | 6113 |
61l | 6114 |
62 | 6592 |
64–1 | 6542 |
64–2 | 6562 |
64–2 note (Pub. L. 97–51, § 113, Oct. 1, 1981, 95 Stat. 963) | 6562 note |
64–2 note (Pub. L. 97–12, title I, § 107, June 5, 1981, 95 Stat. 62) | 6562 note |
64a | 6532 |
64a–1 | 6536 |
64b | 6533 |
65a | 6507 |
65a note (Aug. 5, 1955, ch. 568, 69 Stat. 504) | 6507 note |
65a note (July 2, 1954, ch. 455, title I, 68 Stat. 400) | 6507 note |
65a note (Aug. 1, 1953, ch. 304, title I, 67 Stat. 321) | 6507 note |
65a note (July 9, 1952, ch. 598, 66 Stat. 467) | 6507 note |
65a note (Oct. 11, 1951, ch. 485, 65 Stat. 392) | 6507 note |
65a note (Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 597) | 6507 note |
65a note (June 22, 1949, ch. 235, 63 Stat. 219) | 6507 note |
65a note (June 14, 1948, ch. 467, 62 Stat. 425) | 6507 note |
65b | 6613 |
65c | 6512 |
65c note (Pub. L. 108–83, title I, § 5(b), Sept. 30, 2003, 117 Stat. 1013) | 6512 note |
65c note (Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 334) | 6512 note |
65d | 6614 |
65f | 6567 |
65f note (Pub. L. 105–18, title II, § 7003(b), June 12, 1997, 111 Stat. 192) | 6567 note |
66a | 4578 |
67 | 6312 |
67a | 4335 |
68 | 6503 |
68 note (Pub. L. 93–554, title I, Dec. 27, 1974, 88 Stat. 1776) | 6503 note |
68 note (Aug. 2, 1946, ch. 753, title I, § 142, 60 Stat. 834) | 6503 note |
68–1 | 6504 |
68–2 | 6505 |
68–3 | 6506 |
68–4 | 6615 |
68–5 | 6629 |
68–5 note (Pub. L. 100–202, § 101(i) [title I, § 3(b)], Dec. 22, 1987, 101 Stat. 1329–290, 1329–294) | 6629 note |
68–6 | 6508 |
68–6 note (Pub. L. 100–202, § 101(i) [title I, § 8], Dec. 22, 1987, 101 Stat. 1329–290, 1329–295) | 6508 note |
68–6a | 6611 |
68–7 | 6574 |
68–8 | 6509 |
68a | 6510 |
68a note (Aug. 2, 1946, ch. 753, title I, § 142, 60 Stat. 834) | 6510 note |
68b | 6513 |
68c | 4331 |
68d | 6511 |
68e | 6561 |
68f | 6563 |
69 | 4333 |
69–1 | 4334 |
69–1 note (Pub. L. 105–55, title I, § 6(c), Oct. 7, 1997, 111 Stat. 1181) | 4334 note |
69a | 6514 |
69a note (Pub. L. 110–161, div. H, title I, § 6(b), Dec. 26, 2007, 121 Stat. 2222) | 6514 note |
69a note (Pub. L. 100–202, § 101(i) [title I, § 6], Dec. 22, 1987, 101 Stat. 1329–290, 1329–294) | 6514 note |
69b | 6578 |
72a | 4301 |
72a note (Pub. L. 105–55, title I, § 105(b), Oct. 7, 1997, 111 Stat. 1184) | 4301 note |
72a note (Pub. L. 91–510, title VI, § 601, Oct. 26, 1970, 84 Stat. 1204) | 4301 note |
72a note (Aug. 2, 1946, ch. 753, title II, § 245, 60 Stat. 839) | 4301 note |
72a note (Pub. L. 91–510, § 1, Oct. 26, 1970, 84 Stat. 1140) | 4301 note |
72a note (Aug. 2, 1946, ch. 753, § 1(a), 60 Stat. 812) | 4301 note |
72a note (Pub. L. 104–53, title I, § 105, Nov. 19, 1995, 109 Stat. 521) | 4301 note |
72a note (Pub. L. 103–283, title I, July 22, 1994, 108 Stat. 1430) | 4315 |
72a note (Pub. L. 91–510, title III, § 301(d), Oct. 26, 1970, 84 Stat. 1177) | 4301 note |
72a note (Pub. L. 91–510, title III, § 301(e), Oct. 26, 1970, 84 Stat. 1177) | 4301 note |
72a note (Aug. 2, 1946, ch. 753, title II, § 244, 60 Stat. 839) | 4301 note |
72a–1b | 4311 |
72a–1e | 4332 |
72a–1e note (Pub. L. 95–94, title I, § 111(f), Aug. 5, 1977, 91 Stat. 663) | 4332 note |
72a–1f | 4338 |
72a–1g | 4721 |
72a–1h | 4722 |
72a–1i | 4723 |
72b | 4312 |
72d | 4336 |
72d–1 | 4337 |
74–1 | 5122 |
74a | 5101 |
74a note (Pub. L. 85–462, § 4(n), June 20, 1958, 72 Stat. 209) | 5101 note |
74a note (Pub. L. 89–90, § 103, July 27, 1965, 79 Stat. 281 [House Res. No. 127, 89th Congress, Jan. 19, 1965]) | 5101 note |
74a note (Pub. L. 89–90, § 103, July 27, 1965, 79 Stat. 281 [House Res. No. 258, 89th Congress, Mar. 9, 1965]) | 5101 note |
74a–2 | 4302 |
74a–3 | 5141 |
74a–3 note (Pub. L. 104–53, title I, § 103, Nov. 19, 1995, 109 Stat. 520) | 5141 note |
74a–4 | 5142 |
74a–5 | 5142 note |
74a–7 | 5123 |
74a–7 note (Pub. L. 107–68, title I, § 113, Nov. 12, 2001, 115 Stat. 572) | 5123 note |
74a–8 | 5161 |
74a–8 note (Pub. L. 112–74, div. G, title I, § 104(c), Dec. 23, 2011, 125 Stat. 1123) | 5161 note |
74a–9 | 5102 |
74a–10 | 5144 |
74a–10a | 5145 |
74a–10b | 5146 |
74a–11 | 5105 |
74a–11a | 5104 |
74a–12 | 5124 |
74a–13 | 5162 |
74a–13 note (Pub. L. 112–74, div. G, title I, § 102(c), Dec. 23, 2011, 125 Stat. 1121) | 5162 note |
74b | 6538 |
74c | 5143 |
74c note (Pub. L. 91–145, § 103, Dec. 12, 1969, 83 Stat. 359) | 5143 note |
74c note (Pub. L. 104–53, title I, § 103, Nov. 19, 1995, 109 Stat. 520) | 5143 note |
74d | 5621 |
74d note (Pub. L. 108–83, title I, § 106, Sept. 30, 2003, 117 Stat. 1018) | 5624 |
74d–1 | 5622 |
74d–2 | 5623 |
75a–1 | 5501 |
75f | 5502 |
77 | 5601 |
78 | 5604 |
78 note (Pub. L. 104–53, title III, § 313, Nov. 19, 1995, 109 Stat. 538) | 5605 |
79 | 5603 |
80 | 5309 |
80a | 4560 |
83 | 5602 |
84–2 | 5521 |
84–2 note (Pub. L. 111–248, § 3(b), Sept. 30, 2010, 124 Stat. 2626) | 5521 note |
84–2 note (Pub. L. 98–51, title I, § 111(1), July 14, 1983, 97 Stat. 269) | 5521 note |
84a | 5561 |
88b | 4903 |
88b–1 | 4901 |
88b–1 note (Pub. L. 91–510, title IV, § 491(f), Oct. 26, 1970, 84 Stat. 1198) | 4901 note |
88b–1 note (Pub. L. 97–12, title I, June 5, 1981, 95 Stat. 65) | 4901 note |
88b–1 note (Pub. L. 96–536, § 101(c), Dec. 16, 1980, 94 Stat. 3167) | 4901 note |
88b–1 note (Pub. L. 96–38, title III, § 303, July 25, 1979, 93 Stat. 142) | 4901 note |
88b–1 note (Pub. L. 95–391, title III, § 305, Sept. 30, 1978, 92 Stat. 789) | 4901 note |
88b–2 | 4911 |
88b–2 note (Pub. L. 110–2, § 4, Feb. 2, 2007, 121 Stat. 5) | 4911 note |
88b–2 note (Pub. L. 110–2, § 1, Feb. 2, 2007, 121 Stat. 4) | 4911 note |
88b–3 | 4912 |
88b–3 note (Pub. L. 105–275, title I, § 101(b), Oct. 21, 1998, 112 Stat. 2438) | 4912 note |
88b–4 | 4913 |
88b–5 | 4917 |
88b–7 | 4931 |
88c–2 | 4914 |
88c–2 note (Pub. L. 98–367, title I, § 103, July 17, 1984, 98 Stat. 479) | 4914 note |
88c–3 | 4915 |
88c–4 | 4916 |
89 | 4552 |
89a | 4559 |
92 | 5321 |
92 note (Pub. L. 105–55, title I, § 104(b), Oct. 7, 1997, 111 Stat. 1184) | 5321 note |
92 note (Pub. L. 96–536, § 101(c), Dec. 16, 1980, 94 Stat. 3167) | 5321 note |
92 note (Pub. L. 91–145, § 103, Dec. 12, 1969, 83 Stat. 359) | 5321 note |
92a | 5323 |
92a note (Pub. L. 98–473, title I, § 123A(a), Oct. 12, 1984, 98 Stat. 1969) | 5323 note |
92b | 5324 |
92b note (Aug. 21, 1935, ch. 600, § 4, 49 Stat. 680) | 5324 note |
92b–1 | 5327 |
92b–2 | 5328 |
92b–3 | 5329 |
92c | 5325 |
92d | 5326 |
95–1 | 5505 |
95a | 5506 |
95b | 5507 |
95b note (Pub. L. 111–68, div. A, title I, § 104(b), Oct. 1, 2009, 123 Stat. 2029) | 5507 note |
95b note (Pub. L. 111–8, div. G, title I, § 103(b), Mar. 11, 2009, 123 Stat. 817) | 5507 note |
95b note (Pub. L. 111–8, div. G, title I, § 105(c), Mar. 11, 2009, 123 Stat. 818) | 5507 note |
95b note (Pub. L. 108–7, div. H, title I, § 109(b), Feb. 20, 2003, 117 Stat. 355) | 5507 note |
95b note (Pub. L. 105–55, title I, § 102, Oct. 7, 1997, 111 Stat. 1183) | 5507 note |
95c | 5532 |
95d | 5508 |
95e | 5533 |
101 | 4701 |
102a | 4107 |
104a | 4108 |
104a note (Pub. L. 106–554, § 1(a)(2) [title I, § 1(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–96) | 4108 note |
104b | 5535 |
104b note (Pub. L. 105–275, title I, § 105, Oct. 21, 1998, 112 Stat. 2439) | 4713 |
104c | 5562 |
104d | 4702 |
104d note (Pub. L. 110–81, title I, § 105(c), Sept. 14, 2007, 121 Stat. 741) | 4702 note |
104e | 4712 |
104e note (Pub. L. 112–105, § 19(b)(2), Apr. 4, 2012, 126 Stat. 305) | 4712 note |
104e note (Pub. L. 110–81, title III, § 306, Sept. 14, 2007, 121 Stat. 754) | 4712 note |
104f | 4728 |
104g | 4727 |
105 | 4303 |
106 | 6569 |
107 | 6570 |
108 | 6571 |
109 | 4104 |
110 | 4105 |
111 | 4102 |
111a | 6625 |
111b | 4103 |
111b note (Pub. L. 98–63, title I, § 903(b), July 30, 1983, 97 Stat. 336) | 4103 note |
112 | 6572 |
112 note (Aug. 2, 1946, ch. 753, title I, § 142, 60 Stat. 834) | 6572 note |
112e | 5536 |
112e note (Pub. L. 91–139, § 3, Dec. 5, 1969, 83 Stat. 292) | 5536 note |
112f | 5509 |
112g | 5537 |
112h | 5538 |
113 | 4109 |
114 | 6575 |
115 | 5563 |
117 | 6516 |
117 note (May 29, 1928, ch. 901, § 1(122), 45 Stat. 995) | 6516 note |
117b | 6630 |
117b–1 | 6517 |
117b–2 | 6631 |
117c | 6632 |
117d | 6626 |
117d–1 | 6627 |
117e | 5540 |
117e note (Pub. L. 107–68, title I, § 114(b), Nov. 12, 2001, 115 Stat. 572) | 5540 note |
117e note (Pub. L. 101–163, title I, § 103(c), Nov. 21, 1989, 103 Stat. 1050) | 5540 note |
117e note (Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425) | 5540 note |
117e note (Pub. L. 99–500, § 101(j), Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(j), Oct. 30, 1986, 100 Stat. 3341–287) | 5540 note |
117f | 5539 |
117g | 4121 |
117h | 4122 |
117i | 2013 |
117j | 5541 |
117j note (Pub. L. 110–161, div. H, title I, § 103(b), Dec. 26, 2007, 121 Stat. 2225) | 5541 note |
117j–1 | 5542 |
117k | 5543 |
117l | 5544 |
117m | 5545 |
117m note (Pub. L. 111–8, div. G, title I, § 102(c), Mar. 11, 2009, 123 Stat. 817) | 5545 note |
117m note (Pub. L. 110–161, div. H, title I, § 104(b), Dec. 26, 2007, 121 Stat. 2225) | 5545 note |
117m note (Pub. L. 109–13, div. A, title III, § 3401(c), May 11, 2005, 119 Stat. 272) | 5545 note |
117m note (Pub. L. 111–248, § 1, Sept. 30, 2010, 124 Stat. 2625) | 5545 note |
118 | 5503 |
118a | 5504 |
119 | 4106 |
121 | 2052 |
121b | 6634 note |
121b–1 | 6634 |
121b–1 note (Pub. L. 106–554, § 1(a)(2) [title I, § 3(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–96) | 6634 note |
121c | 6635 |
121d | 6576 |
121d note (Pub. L. 107–68, title I, § 107(b), Nov. 12, 2001, 115 Stat. 569) | 6576 note |
121d note (Pub. L. 103–283, title I, § 1, July 22, 1994, 108 Stat. 1426) | 6576 note |
121e | 6515 |
121f | 2026 |
121g | 4123 |
123b | 4131 |
123b note (Pub. L. 101–520, title I, § 7(b), Nov. 5, 1990, 104 Stat. 2259) | 4131 note |
123b note (Pub. L. 101–520, title I, § 7(c), Nov. 5, 1990, 104 Stat. 2259) | 4131 note |
123b note (Pub. L. 104–53, title I, § 107, Nov. 19, 1995, 109 Stat. 522) | 4131 note |
123b–1 | 4132 |
123b–1 note (Pub. L. 101–520, title I, § 7(d), Nov. 5, 1990, 104 Stat. 2259) | 4132 note |
123c | 6618 |
123c–1 | 6619 |
123d | 6636 |
123e | 6577 |
124 | 5606 |
124 note (Aug. 5, 1955, ch. 568, 69 Stat. 513) | 5606 note |
124 note (July 2, 1954, ch. 455, title I, 68 Stat. 403) | 5606 note |
124 note (Aug. 1, 1953, ch. 304, title I, 67 Stat. 325) | 5606 note |
125 | 4553 |
125a | 4506 |
126–2 | 6543 |
126b | 6544 |
127a | 5342 |
127b | 4538 |
130–1 | 5581 |
130–2 | 5582 |
130a | 4504 |
130b | 4503 |
130b note (Pub. L. 94–310, § 4, June 15, 1976, 90 Stat. 687) | 4503 note |
130c | 4593 |
130c note (Pub. L. 104–316, title I, § 101(e), Oct. 19, 1996, 110 Stat. 3827) | 4593 note |
130d | 4554 |
130e | 2172 |
130f | 5571 |
130f note (Pub. L. 108–7, div. H, title I, § 110(c), Feb. 20, 2003, 117 Stat. 355) | 5571 note |
130g | 6616 |
130h | 5546 |
130j | 5531 |
130k | 5547 |
130l | 5591 |
331 | 4533 |
331 note (Pub. L. 91–510, title IV, § 477(b), Oct. 26, 1970, 84 Stat. 1195) | 4533 note |
333 | 5103 |
333a | omitted |
335 | 4534 |
336 | 4535 |
442 | 6566 |
2161 | 4902 |
2161 note (Pub. L. 92–607, ch. V, Oct. 31, 1972, 86 Stat. 1512) | 4902 note |
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.
1934—Act
The first section of Amendment XX to the Constitution provides in part: “* * * the terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.”
Time for election of Senators, see Const. Art. I, § 4, cl. 1.
Vacancies in the Senate, see Const. Amend. XVII.
It shall be the duty of the executive of the State from which any Senator has been chosen to certify his election, under the seal of the State, to the President of the Senate of the United States.
R.S. § 18 derived from act July 25, 1866, ch. 245, § 3, 14 Stat. 244.
The certificate mentioned in section 1a of this title shall be countersigned by the secretary of state of the State.
R.S. § 19 derived from act July 25, 1866, ch. 245, § 3, 14 Stat. 244.
Section, act Aug. 8, 1911, ch. 5, §§ 1, 2, 37 Stat. 13, 14, fixed composition of House of Representatives at 435 Members, to be apportioned to the States therein enumerated. For provisions dealing with reapportionment of Representatives and manner of election, etc., see sections 2a and 2b of this title.
1996—Subsec. (b). Pub. L. 104–186 struck out at end “; and in case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or the absence or inability of both to act, such duty shall devolve upon the Doorkeeper of the House of Representatives”.
1941—Act
1940—Act
For termination, effective
Apportionment of Representatives among the several States, see Const. Art. I, § 2, cl. 3, and Amend. XIV, § 2.
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,
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
Act Nov. 15, 1941, ch. 470, § 2(b), 55 Stat. 762, required Clerk of House of Representatives, within 15 days of
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).
Section 3, act Aug. 8, 1911, ch. 5, § 3, 37 Stat. 14, which related to election by districts, expired by its own limitation on enactment of Reapportionment Act of June 18, 1929, ch. 28, § 22, 46 Stat. 21 (section 2a of this title). It was not restated in act
Section 4, act Aug. 8, 1911, ch. 5, § 4, 37 Stat. 14, which related to additional Representatives at large, expired by its own limitation on enactment of Reapportionment Act of June 18, 1929, ch. 28, § 22, 46 Stat. 21 (section 2a of this title). It was not restated in act
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.
Should any State deny or abridge the right of any of the male inhabitants thereof, being twenty-one years of age, and citizens of the United States, to vote at any election named in the amendment to the Constitution, article 14, section 2, except for participation in the rebellion or other crime, the number of Representatives apportioned to such State shall be reduced in the proportion which the number of such male citizens shall have to the whole number of male citizens twenty-one years of age in such State.
R.S. § 22 derived from act Feb. 2, 1872, ch. 11, § 6, 17 Stat. 29.
The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.
R.S. § 25 derived from act Feb. 2, 1872, ch. 11, § 3, 17 Stat. 28.
The second sentence of this section, which was based on section 6 of the act
1934—Act
The first section of Amendment XX to the Constitution provides: “The terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.”
Time for election of Representatives, see Const. Art. I, § 4, cl. 1.
Except as provided in subsection (b), the time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such vacancy is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories respectively.
In extraordinary circumstances, the executive authority of any State in which a vacancy exists in its representation in the House of Representatives shall issue a writ of election to fill such vacancy by special election.
In this subsection, “extraordinary circumstances” occur when the Speaker of the House of Representatives announces that vacancies in the representation from the States in the House exceed 100.
In conducting a special election held under this subsection to fill a vacancy in its representation, the State shall ensure to the greatest extent practicable (including through the use of electronic means) that absentee ballots for the election are transmitted to absent uniformed services voters and overseas voters (as such terms are defined in the Uniformed and Overseas Citizens Absentee Voting Act [52 U.S.C. 20301 et seq.]) not later than 15 days after the Speaker of the House of Representatives announces that the vacancy exists.
Notwithstanding the deadlines referred to in paragraphs (2) and (3), in the case of an individual who is an absent uniformed services voter or an overseas voter (as such terms are defined in the Uniformed and Overseas Citizens Absentee Voting Act), a State shall accept and process any otherwise valid ballot or other election material from the voter so long as the ballot or other material is received by the appropriate State election official not later than 45 days after the State transmits the ballot or other material to the voter.
The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsec. (b)(5), (7)(C), is Pub. L. 99–410,
The Voting Rights Act of 1965, referred to in subsec. (b)(7)(A), is Pub. L. 89–110,
The Voting Accessibility for the Elderly and Handicapped Act, referred to in subsec. (b)(7)(B), is Pub. L. 98–435,
The National Voter Registration Act of 1993, referred to in subsec. (b)(7)(D), is Pub. L. 103–31,
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(7)(E), is Pub. L. 101–336,
The Rehabilitation Act of 1973, referred to in subsec. (b)(7)(F), is Pub. L. 93–112,
The Help America Vote Act of 2002, referred to in subsec. (b)(7)(G), is Pub. L. 107–252,
R.S. § 26 derived from act Feb. 2, 1872, ch. 11, § 4, 17 Stat. 28.
2005—Pub. L. 109–55 designated existing provisions as subsec. (a), inserted heading, substituted “Except as provided in subsection (b), the time” for “The time”, and added subsec. (b).
Vacancies in the House of Representatives, see Const. Art. I, § 2, cl. 4.
All votes for Representatives in Congress must be by written or printed ballot, or voting machine the use of which has been duly authorized by the State law; and all votes received or recorded contrary to this section shall be of no effect.
R.S. § 27 derived from acts Feb. 28, 1871, ch. 99, § 19, 16 Stat. 440, and May 30, 1872, ch. 239, 17 Stat. 192.
Pub. L. 104–14,
The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat.
R.S. § 28 derived from act June 1, 1789, ch. 1, § 2, 1 Stat. 23.
When a President of the Senate has not taken the oath of office, it shall be administered to him by any Member of the Senate.
R.S. § 29 derived from act June 1, 1789, ch. 1, § 2, 1 Stat. 23.
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.
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.
Assistant secretary of the Senate deemed successor in references to chief clerk of the Senate in all laws, rules, resolutions, and orders, effective
At the first session of Congress after every general election of Representatives, the oath of office shall be administered by any Member of the House of Representatives to the Speaker; and by the Speaker to all the Members and Delegates present, and to the Clerk, previous to entering on any other business; and to the Members and Delegates who afterward appear, previous to their taking their seats.
The Clerk of the House of Representatives of the Eightieth and each succeeding Congress shall cause the oath of office to be printed, furnishing two copies to each Member and Delegate who has taken the oath of office in accordance with law, which shall be subscribed in person by the Member or Delegate, who shall thereupon deliver them to the Clerk, one to be filed in the records of the House of Representatives, and the other to be recorded in the Journal of the House and in the Congressional Record; and such signed copies, or certified copies thereof, or of either of such records thereof, shall be admissible in evidence in any court of the United States, and shall be held conclusive proof of the fact that the signer duly took the oath of office in accordance with law.
R.S. § 30 derived from act June 1, 1789, ch. 1, § 2, 1 Stat. 23.
The last paragraph of this section, which permitted Members and Delegates of the House of Representatives of the Eightieth Congress to subscribe and deliver two signed copies of the printed oath of office at any time before the expiration of the Eightieth Congress, was omitted.
1948—Act
The District of Columbia Election Act, referred to in subsecs. (a) and (b)(1), is act Aug. 12, 1955, ch. 862, 69 Stat. 699, which is not classified to the Code.
Pub. L. 91–405, title II, § 206(b),
Section, Pub. L. 91–405, title II, § 204(a),
Before the first meeting of each Congress the Clerk of the next preceding House of Representatives shall make a roll of the Representatives-elect, and place thereon the names of those persons, and of such persons only, whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States. In case of a vacancy in the office of Clerk of the House of Representatives, or of the absence or inability of the Clerk to discharge the duties imposed on him by law or custom relative to the preparation of the roll of Representatives or the organization of the House, those duties shall devolve on the Sergeant at Arms of the next preceding House of Representatives.
R.S. § 31 derived from acts Feb. 21, 1867, ch. 56, § 1, 14 Stat. 397 and Mar. 3, 1863, ch. 108, 12 Stat. 804.
R.S. §§ 32 and 33 derived from act Feb. 21, 1867, ch. 56, § 2, 14 Stat. 397.
R.S. § 31 constitutes first sentence; R.S. § 32 constitutes second sentence; and R.S. § 33 constituted the third sentence, prior to repeal by Pub. L. 104–186. See 1996 Amendment note below.
1996—Pub. L. 104–186 struck out third sentence which read as follows: “In case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or of the absence or inability of both to act, the duties of the Clerk relative to the preparation of the roll of the House of Representatives or the organization of the House shall be performed by the Doorkeeper of the next preceding House of Representatives.” See Codification note above.
Whenever Congress is about to convene, and from the prevalence of contagious sickness, or the existence of other circumstances, it would, in the opinion of the President, be hazardous to the lives or health of the members to meet at the seat of Government, the President is authorized, by proclamation, to convene Congress at such other place as he may judge proper.
R.S. § 34 derived from act Apr. 3, 1794, ch. 17, 1 Stat. 353.
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.
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.
The Legislative Branch Appropriation Act, 1966, referred to in subsec. (a), is Pub. L. 89–90,
“Government Publishing Office” substituted for “Government Printing Office” in subsec. (c)(2) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Section effective immediately prior to noon on
The Speaker is authorized and directed to complete the Compilation of the Precedents of the House of Representatives by
Section is based on section 208 of House Resolution No. 988, Ninety-third Congress,
Pub. L. 93–554 provided that the enactment of House Resolution No. 988, Ninety-third Congress, into permanent law is effective
The Legislative Branch Appropriation Act, 1966, referred to in text, is Pub. L. 89–90,
The Director of the Government Publishing Office shall deliver one set of the Precedents to each Senator or Representative in, or Delegate or Resident Commissioner to, the Ninety-fifth Congress. The name of the Member to whom the set is delivered shall be legibly stamped on the front cover of each volume of the set.
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.
1996—Subsec. (c)(2). Pub. L. 104–186, § 202(3)(A), substituted “Representatives, each” for “Representives, each”.
Subsec. (c)(5). Pub. L. 104–186, § 202(3)(B), substituted “and to the Sergeant at Arms of the House of Representatives, each two sets” for “, to the Sergeant at Arms of the House of Representatives, and to the Doorkeeper of the House of Representatives, each, two sets”.
“Director of the Government Publishing Office” substituted for “Public Printer” in subsecs. (a) and (c) on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents. Substitution was also made in section catchline that had been supplied editorially.
“Director of the Government Publishing Office” substituted for “Public Printer” in text on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents. Substitution was also made in section catchline that had been supplied editorially.
The Parliamentarian of the House of Representatives shall prepare, compile, and maintain on a current basis and in cumulative form, for each Congress commencing with the Ninety-third Congress a condensed and, insofar as practicable, up-to-date version of all of the parliamentary precedents of the House of Representatives which have current use and application in the House, together with informative text prepared by the Parliamentarian and other useful related material in summary form. The Parliamentarian shall have such matter printed for each Congress on pages of such size and in such type and format as he considers advisable to promote the usefulness of such matter to the Members of the House and shall provide a printed copy thereof to each Member in each Congress, including the Resident Commissioner from Puerto Rico, and may make such other distribution of such printed copies as he considers advisable. In carrying out this section, the Parliamentarian may appoint and fix the pay of personnel and utilize the services of personnel of the Library of Congress and the Government Publishing Office.
“Government Publishing Office” substituted for “Government Printing Office” in text on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Section effective immediately prior to noon on
The applicable accounts of the House of Representatives are made available to carry out the purposes of this section.
With the approval of the majority leader (in the case of a Member or Member-elect of the majority party) or the minority leader (in the case of a Member or Member-elect of the minority party), subsections (b) and (c) shall apply with respect to the attendance of a Member or Member-elect at a program conducted by the Committee on House Administration for the orientation of new members 1
Section is based on section 202 of House Resolution No. 988, Ninety-third Congress,
2004—Subsec. (a)(1). Pub. L. 108–447, § 107(a), substituted “conference of all” for “conference, to begin on or after the first day of December and conclude on or before the twentieth day of December in such year and to be attended by all”.
Subsec. (b)(1)(B). Pub. L. 108–447, § 107(b)(1), substituted a period for “for a period not to exceed the shorter of the following—
“(i) the period beginning with the day before the designated date upon which such caucus or conference is to convene and ending with the day after the date of the final adjournment of such caucus or conference; or
“(ii) fourteen days.”
Subsec. (d). Pub. L. 108–447, § 107(c)(1), added subsec. (d).
1996—Subsec. (b)(2). Pub. L. 104–186, § 202(4)(A), substituted “House Oversight” for “House Administration” in two places.
Subsec. (c). Pub. L. 104–186, § 202(4)(B), substituted “applicable accounts of the House of Representatives are” for “contingent fund of the House is”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Pub. L. 108–447, div. G, title I, § 107(d),
Pub. L. 93–554 provided that the enactment of House Resolution No. 988, Ninety-third Congress, into permanent law is effective
Section 29b, based on section 204 of House Resolution No. 988, Ninety-third Congress,
Section 29c, based on clause 10, rule I, of the Rules of the House of Representatives as in effect before
Section 29d was editorially reclassified as section 4711 of this title.
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.
Section was formerly classified to section 722 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
Section is from the Legislative Branch Appropriations Act, 1991.
“I, Senator ____, intend to object to proceedings to ____, dated ____ for the following reasons ____.”.
The Secretary of the Senate shall establish for both the Senate Calendar of Business and the Senate Executive Calendar a separate section entitled “Notice of Intent to Object to Proceeding”.
A Senator who has notified their respective leader and who has withdrawn their objection within the 6 session day period is not required to submit a notification under subsection (a)(2).
A Senator may have an item with respect to the Senator removed from a calendar to which it was added under subsection (b) by submitting for inclusion in the Congressional Record the following notice:
“I, Senator ____, do not object to proceed to ____, dated ____.”.
Pub. L. 110–81, title V, § 556,
Pub. L. 110–81, title V, § 555,
Section 31 was editorially reclassified as section 4501 of this title.
A prior section 31, acts Feb. 26, 1907, ch. 1635, § 4, 34 Stat. 993; Mar. 4, 1925, ch. 549, § 4, 43 Stat. 1301; May 17, 1932, ch. 190, 47 Stat. 158, related to compensation of Members of Congress, prior to enactment of act
Pub. L. 97–51, § 130(c),
Act Aug. 7, 1953, ch. 353, 67 Stat. 485, which established a Commission to determine appropriate rates of salaries for justices and judges of courts of United States and for Vice President, Speaker of House of Representatives, and Members of Congress, was repealed by Pub. L. 89–554, § 8(a),
Section, Pub. L. 98–63, title I, § 908(a)–(c),
Pub. L. 102–90, title I, § 6(f)(1),
Section 31–2 was editorially reclassified as section 4725 of this title.
Section 31–3 was editorially reclassified as section 4726 of this title.
Section, acts Aug. 2, 1946, ch. 753, title VI, § 601(b), 60 Stat. 850; Oct. 20, 1951, ch. 521, title VI, § 619(d), 65 Stat. 570, related to expense allowance for Senators, Representatives, Delegates, and Resident Commissioner.
Section 31a–1 was editorially reclassified as section 6102 of this title.
Section 31a–2 was editorially reclassified as section 6135 of this title.
Section 31a–2a was editorially reclassified as section 6136 of this title.
Section 31a–2b was editorially reclassified as section 6137 of this title.
Section 31a–2c was editorially reclassified as section 6138 of this title.
Section 31a–2d was editorially reclassified as section 6101 of this title.
Section 31a–3 was editorially reclassified as section 6159 of this title.
Section 31a–4 was editorially reclassified as section 6160 of this title.
Section 31b was editorially reclassified as section 5121 of this title.
Section 31b–1 was editorially reclassified as former section 5125 of this title.
Section 31b–2 was editorially reclassified as former section 5126 of this title.
Section, based on H. Res. No. 1238, § 3,
Section 31b–4 was editorially reclassified as former section 5127 of this title.
Section 31b–5 was editorially reclassified as former section 5128 of this title.
Section, based on H. Res. No. 1238, § 6,
Section 31b–7 was editorially reclassified as former section 5129 of this title.
Section, acts July 9, 1952, ch. 598, 66 Stat. 467; Aug. 1, 1953, ch. 304, title I, 67 Stat. 322, provided that, for taxable years beginning after
Repeal applicable to taxable years beginning after
Section 32 was editorially reclassified as section 6111 of this title.
Section 32a was editorially reclassified as section 6112 of this title.
Section 32b was editorially reclassified as section 6115 of this title.
Section 33 was editorially reclassified as section 6301 of this title.
A prior section 33, act Mar. 3, 1883, ch. 143, 22 Stat. 632, entitled Senators to receive their compensation monthly, from the beginning of their term, prior to repeal by section 112(b)(1) of Pub. L. 97–51.
Section 34 was editorially reclassified as section 5301 of this title.
Section 35 was editorially reclassified as section 5302 of this title.
Section 35a was editorially reclassified as section 5303 of this title.
Section 36 was editorially reclassified as section 6302 of this title.
Section 36a was editorially reclassified as section 4592 of this title.
Section 37 was editorially reclassified as section 5304 of this title.
Section, R.S. §§ 49, 50; acts Jan. 20, 1874, ch. 11, 18 Stat. 4; Mar. 4, 1925, ch. 549, § 4, 43 Stat. 1301, related to pay of Member dying after commencement of Congress. See section 5305 of this title.
Section 38a was editorially reclassified as section 5305 of this title.
Section, June 5, 1952, ch. 369, Ch. I, 66 Stat. 101; Pub. L. 104–186, title II, § 203(6),
Section 39 was editorially reclassified as section 5306 of this title.
Section 40 was editorially reclassified as section 4522 of this title.
Section 40a was editorially reclassified as section 4523 of this title.
Section 41, R.S. § 43, provided that no Member or Delegate was entitled to any allowance for newspapers.
Section 42, based on H. Res. No. 420, Ninety-second Congress,
A prior section 42, R.S. § 44, which proscribed compensation or allowance to Senators, Representatives, or Delegates for postage, was repealed by Pub. L. 104–186, title II, § 203(11),
Section 302(c) of H. Res. No. 287, Ninety-fifth Congress,
Section 42a was editorially reclassified as section 6116 of this title.
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;
Section 42a–1, act July 2, 1954, ch. 455, title I, 68 Stat. 402, prescribed airmail and special-delivery postage allowances for Speaker and House majority and minority leaders and whips, and was omitted from the Code as superseded by former section 42d of this title.
Section 42b, acts June 22, 1949, ch. 235, 63 Stat. 222; July 2, 1954, ch. 455, title I, 68 Stat. 402, prescribed airmail and special-delivery postage allowances for each House standing committee, and was omitted from the Code as superseded by former section 42c of this title.
Section 42c, Pub. L. 85–778, § 1,
Section 42d, Pub. L. 85–778, § 2,
Pub. L. 85–778, §§ 3, 4,
Section 43, acts July 28, 1866, ch. 296, § 17, 14 Stat. 323;
Section 43a, acts July 8, 1935, ch. 374, 49 Stat. 459;
Pub. L. 104–53, title I, § 1,
Section 43b, Pub. L. 85–570,
Section 43b-1, Pub. L. 89–147, § 2,
Section 43b–2 was editorially reclassified as section 5343 of this title.
Section 43b–3 was editorially reclassified as section 5344 of this title.
Section, Pub. L. 86–628, § 105(c),
Section 43d was editorially reclassified as section 6311 of this title.
Section 44, act May 7, 1906, ch. 2083, § 1, 34 Stat. 170, authorized a mileage allowance to Delegate from Alaska, and was omitted from the Code as obsolete because Alaska was admitted into the Union with membership of one Representative in Congress on
Section 45, acts July 1, 1902, ch. 1369, § 8, 32 Stat. 694; Aug. 29, 1916, ch. 416, § 20, 39 Stat. 552, which authorized a mileage allowance to Resident Commissioners from Philippine Islands, and was formerly covered by section 1237 of Title 48, Territories and Insular Possessions, is no longer in force in view of the independence of the Philippine Islands effected by section 1394 of Title 22, Foreign Relations and Intercourse, and proclaimed by the President of the United States in Proc. No. 2695,
Section 46, acts Mar. 2, 1917, ch. 145, § 36, 39 Stat. 963; May 17, 1932, ch. 190, 47 Stat. 158, allowed sum of $500 as mileage for each session to Resident Commissioner, and was omitted from the Code as superseded by former section 43b–1 of this title.
Section 46a was editorially reclassified as section 6117 of this title.
Section 46a–1 was editorially reclassified as section 6573 of this title.
Section, Pub. L. 89–545, § 101,
Section, Pub. L. 90–417, § 106,
Pub. L. 92–607, ch. V, § 506(k), formerly § 506(h),
Section, Pub. L. 91–145,
Section, acts July 2, 1954, ch. 455, title I, 68 Stat. 402;
Provisions similar to those in this section were contained in the following prior acts:
Aug. 1, 1953, ch. 304, title I, 67 Stat. 324.
Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 600.
Section 46b–1 was editorially reclassified as section 5534 of this title.
Section, act Feb. 27, 1956, ch. 73, 70 Stat. 31, provided for prorated stationery allowance for House Members.
Section 46c, acts June 13, 1945, ch. 189, 59 Stat. 244; July 1, 1946, ch. 530, 60 Stat. 392; Aug. 2, 1946, ch. 753, title I, § 102, 60 Stat. 814; Nov. 1, 1951, ch. 665, Ch. 1, 65 Stat. 760; Aug. 1, 1953, ch. 304, title I, 67 Stat. 321; June 27, 1956, ch. 453, 70 Stat. 360;
Section 46d, acts June 13, 1945, ch. 189, 59 Stat. 244; July 1, 1946, ch. 530, 60 Stat. 392; Aug. 2, 1946, ch. 753, title I, § 102, 60 Stat. 814; Aug. 1, 1953, ch. 304, title I, 67 Stat. 321; July 2, 1954, ch. 455, title I, 68 Stat. 400;
Pub. L. 90–57 provided that the repeal is effective
Section 46d–1 was editorially reclassified as section 6118 of this title.
Section, Pub. L. 89–90, § 101,
Pub. L. 90–57 provided that the repeal is effective
Section, Pub. L. 90–21, title I,
Pub. L. 92–184 provided that the repeal is effective
Section, Pub. L. 90–57,
Pub. L. 92–607, ch. V, § 506(k), formerly § 506(h),
Section, Pub. L. 91–382,
Pub. L. 92–342 provided that the repeal is effective
Section, acts July 1, 1946, ch. 530, 60 Stat. 392; Aug. 2, 1946, ch. 753, title I, § 102, 60 Stat. 814, authorized the payment of charges for telegrams by Senators. See section 6314 of this title.
Pub. L. 92–607, ch. V, § 506(k), formerly § 506(h),
Section, acts June 23, 1949, ch. 238, § 1, 63 Stat. 264; May 29, 1951, ch. 117, § 1, 65 Stat. 47; Mar. 10, 1953, ch. 6, § 1, 67 Stat. 5; Feb. 27, 1956, ch. 74, § 1, 70 Stat. 31;
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.
Act Feb. 27, 1956, ch. 74, § 3, 70 Stat. 32, provided that:
Section 46g, acts June 23, 1949, ch. 238, § 2, 63 Stat. 265; May 29, 1951, ch. 117, § 1, 65 Stat. 47; July 8, 1952, ch. 590, § 1, 66 Stat. 443; Mar. 10, 1953, ch. 6, § 1, 67 Stat. 5; Feb. 27, 1956, ch. 74, § 2(a), (c), 70 Stat. 32;
Section 46g–1, based on H. Res. No. 418, § 1, Ninety-second Congress,
A prior section 46g-1, based on H. Res. No. 161, Ninetieth Congress,
Section, act June 23, 1949, ch. 238, § 3, 63 Stat. 265, related to limitation on charging telegrams to official business of the House.
Section, acts June 23, 1949, ch. 238, § 6, 63 Stat. 265; May 29, 1951, ch. 117, § 3, 65 Stat. 47, defined terms used in former section 46g of this title.
Section 47 was editorially reclassified as section 4521 of this title.
Section 48 was editorially reclassified as section 5307 of this title.
Section 49 was editorially reclassified as section 5310 of this title.
Section 50 was editorially reclassified as section 5308 of this title.
Section 51 was editorially reclassified as section 4110 of this title.
Section 52, Pub. L. 92–184, ch. IV,
Similar provisions were contained in the following prior appropriations acts:
June 27, 1956, ch. 453, 70 Stat. 359, as amended Pub. L. 89–211, § 1(b),
July 2, 1954, ch. 455, title I, 68 Stat. 399.
Aug. 1, 1953, ch. 304, title I, 67 Stat. 321.
Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 597.
Section 53, Pub. L. 92–184, ch. IV,
Similar provisions were contained in the following prior appropriations acts:
June 27, 1956, ch. 453, 70 Stat. 359, as amended Pub. L. 89–90,
July 2, 1954, ch. 455, title I, 68 Stat. 399.
Pub. L. 92–607, ch. V, § 506(k), formerly § 506(h),
Section 54 was editorially reclassified as section 5345 of this title.
A prior section 54, based on H. Res. No. 506, Ninetieth Congress,
Section 55 was editorially reclassified as section 6316 of this title.
Section, based on H. Res. No. 418, § 2, Ninety-second Congress,
Section 302(a), (b), and (d) of H. Res. No. 287, Ninety-fifth Congress,
Section 57 was editorially reclassified as section 4313 of this title.
Section 57a was editorially reclassified as section 4314 of this title.
Section 57b was editorially reclassified as section 5341 of this title.
A prior section 57b, Pub. L. 104–53, title III, § 314,
Section 58 was editorially reclassified as section 6314 of this title.
Section 58a was editorially reclassified as section 6315 of this title.
A prior section 58a, Pub. L. 95–94, title I, § 112(g),
Section 58a–1 was editorially reclassified as section 6621 of this title.
Section 58a–2 was editorially reclassified as section 6622 of this title.
Section 58a–3 was editorially reclassified as section 6623 of this title.
Section 58a–4 was editorially reclassified as section 6624 of this title.
Section, Pub. L. 97–12, title I, § 110,
Pub. L. 100–137, § 2,
Section 58c was editorially reclassified as section 6313 of this title.
Section, Pub. L. 101–520, title I, § 12,
Pub. L. 105–55, title I, § 3(c)(2),
Section 59 was editorially reclassified as section 6317 of this title.
Section 59–1 was editorially reclassified as section 6318 of this title.
Section, Pub. L. 93–462, § 1,
Repeal effective
Section 59b was editorially reclassified as section 6320 of this title.
Section, Pub. L. 95–94, title I, § 103,
Section 59d was editorially reclassified as section 5346 of this title.
Section 59d–1 was editorially reclassified as section 6319 of this title.
Section 59e was editorially reclassified as section 503 of this title.
Section 59f was editorially reclassified as section 504 of this title.
Section 59g was editorially reclassified as section 505 of this title.
Section 59h was editorially reclassified as section 506 of this title.
Section, acts May 24, 1924, ch. 183, § 1, 43 Stat. 146; May 29, 1928, ch. 853, § 1, 45 Stat. 885, related to rates of pay for various officers and employees of Government.
Section 60–1 was editorially reclassified as section 4101 of this title.
Pub. L. 103–69, title III, § 307,
Section 60–2 was editorially reclassified as section 4724 of this title.
Present provisions relating to personnel and compensation of Congressional officers and employees may be found elsewhere in this chapter and in Acts and Resolutions cited in notes hereunder. Section was based on the following acts:
1949—Jan. 19, 1949, ch. 2, § 1(d), (f), 63 Stat. 4.
May 24, 1949, ch. 138, title I, 63 Stat. 76.
Oct. 10, 1949, ch. 662, title I, 63 Stat. 738.
Oct. 14, 1949, ch. 694, title I, 63 Stat. 869.
1948—June 14, 1948, ch. 467, §§ 101, 105, 62 Stat. 423, 437.
June 25, 1948, ch. 658, title I, 62 Stat. 1027.
1947—Jan. 31, 1947, ch. 1, 61 Stat. 1.
Feb. 19, 1947, ch. 3, 61 Stat. 4.
July 17, 1947, ch. 262, §§ 101, 105, 61 Stat. 361, 377.
July 30, 1947, ch. 361, 61 Stat. 610.
July 31, 1947, ch. 414, 61 Stat. 695.
1946—July 1, 1946, ch. 530, §§ 101, 105, 60 Stat. 387, 407.
July 23, 1946, ch. 591, title I, 60 Stat. 600.
Aug. 2, 1946, ch. 753, title II, § 201(a), 60 Stat. 834.
Aug. 8, 1946, ch. 870, title I, 60 Stat. 910.
1945—Apr. 25, 1945, ch. 95, title I, 59 Stat. 77.
June 13, 1945, ch. 189, §§ 101, 105, 59 Stat. 238, 259.
July 5, 1945, ch. 271, title I, 59 Stat. 412.
Dec. 28, 1945, ch. 589, title I, 59 Stat. 632.
1944—June 26, 1944, ch. 277, title I, §§ 101, 104, 58 Stat. 334, 354.
June 28, 1944, ch. 304, title I, 58 Stat. 597.
Dec. 22, 1944, ch. 660, title I, 58 Stat. 853.
1943—June 28, 1943, ch. 173, title I, §§ 101, 104, 57 Stat. 220, 239.
1942—June 8, 1942, ch. 396, §§ 1, 4, 56 Stat. 330, 349.
1941—Mar. 1, 1941, ch. 9, 55 Stat. 14.
July 1, 1941, ch. 268, §§ 1, 4, 55 Stat. 446, 465.
1940—June 18, 1940, ch. 396, §§ 1, 4, 54 Stat. 462, 480.
Oct. 9, 1940, ch. 780, title I, 54 Stat. 1030.
1939—June 16, 1939, ch. 208, §§ 1, 4, 53 Stat. 822, 839.
July 25, 1939, ch. 352, § 2, 53 Stat. 1080.
1938—May 17, 1938, ch. 236, §§ 1, 4, 52 Stat. 381, 398.
June 25, 1938, ch. 681, 52 Stat. 1114.
1937—May 18, 1937, ch. 223, 50 Stat. 169.
1934—May 30, 1934, ch. 372, 48 Stat. 817.
1933—Feb. 28, 1933, ch. 134, 47 Stat. 1350.
1929—June 20, 1929, ch. 33, 46 Stat. 32.
In addition to these acts the following House Resolutions affected the salary of certain employees and were made permanent law by section 105 of act July 17, 1947, ch. 262, 61 Stat. 377: House Resolutions 628, 691, and 693 of the Seventy-ninth Congress and House Resolutions 42, 54, 74, 78, 96, 113, and 183 [which related to Office of Coordinator of Information of the House and which was repealed by Pub. L. 91–510, title III, § 322,
The following acts have provided for funds for the operation of Congress:
Pub. L. 118–47, div. E, title I,
Pub. L. 117–328, div. I, title I,
Pub. L. 117–103, div. I, title I,
Pub. L. 116–260, div. I, title I,
Pub. L. 116–94, div. E, title I,
Pub. L. 115–244, div. B, title I,
Pub. L. 115–141, div. I, title I,
Pub. L. 115–31, div. I, title I,
Pub. L. 114–113, div. I, title I,
Pub. L. 113–235, div. H, title I,
Pub. L. 113–76, div. I, title I,
Pub. L. 112–74, div. G, title I,
Pub. L. 111–68, div. A, title I,
Pub. L. 111–8, div. G, title I,
Pub. L. 110–161, div. H, title I,
Pub. L. 109–55, title I,
Pub. L. 108–447, div. G, title I,
Pub. L. 108–83, title I,
Pub. L. 108–7, div. H, title I,
Pub. L. 107–68, title I,
Pub. L. 106–554, § 1(a)(2) [title I],
Pub. L. 106–57, title I,
Pub. L. 105–275, title I,
Pub. L. 105–55, title I,
Pub. L. 104–197, title I,
Pub. L. 104–53, title I,
Pub. L. 103–283, title I,
Pub. L. 103–69, title I,
Pub. L. 102–392, title I,
Pub. L. 102–90, title I,
Pub. L. 101–520, title I,
Pub. L. 101–163, title I,
Pub. L. 100–458, title I,
Pub. L. 100–202, § 101(i) [title I],
Pub. L. 99–500, § 101(j),
Pub. L. 99–151, title I,
Pub. L. 98–367, title I,
Pub. L. 98–51, title I,
Pub. L. 97–276, § 101(e),
Pub. L. 97–51, § 101(c),
Pub. L. 96–536, § 101(c), (d),
Pub. L. 96–369, § 101(c), (d),
Pub. L. 96–86, § 101(c),
Pub. L. 95–391, title I,
Pub. L. 95–94, title I,
Pub. L. 94–440,
Pub. L. 94–59,
Pub. L. 93–371,
Pub. L. 93–145,
Pub. L. 92–342,
Pub. L. 92–51,
Pub. L. 91–382,
Pub. L. 91–145,
Pub. L. 90–417,
Pub. L. 90–57,
Pub. L. 89–545,
Pub. L. 89–90,
Pub. L. 88–454,
Pub. L. 88–248,
Pub. L. 87–730,
Pub. L. 87–130,
Pub. L. 86–628,
Pub. L. 86–176,
Pub. L. 85–570,
Pub. L. 85–75,
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.
Pub. L. 96–508, § 10,
Senate and House committee employees, formerly provided for by this section, are covered by section 4301 of this title.
Section 60a–1 was editorially reclassified as section 4571 of this title.
Section 60a–1a was editorially reclassified as section 4572 of this title.
Section 60a–1b was editorially reclassified as section 4573 of this title.
Section 60a–2 was editorially reclassified as section 4531 of this title.
Section 60a–2a was editorially reclassified as section 4532 of this title.
Section 60b, acts June 20, 1929, ch. 33, § 2, 46 Stat. 38; July 25, 1939, ch. 352, § 3, 53 Stat. 1080, which provided that clerk hire should be at rate of $6,500 per annum and limited individual salaries to $3,900 per annum, was superseded by former section 60g of this title.
Section 60c, R.S. § 55, related to payment of salaries of chaplains.
Section 60c–1 was editorially reclassified as section 4591 of this title.
Section, Pub. L. 92–136, § 4,
Section 60c–2a was editorially reclassified as section 6568 of this title.
Section 60c–3 was editorially reclassified as section 4594 of this title.
Section 60c–4 was editorially reclassified as section 4524 of this title.
Section 60c–5 was editorially reclassified as section 4579 of this title.
Section 60c–6 was editorially reclassified as section 4536 of this title.
Section, acts May 21, 1937, ch. 236, § 1, 50 Stat. 199; Pub. L. 86–426, § 2(a),
Repeal applicable with respect to pay periods beginning after the expiration of the 1-year period which begins
Section 60d–1 was editorially reclassified as section 4551 of this title.
Section 60e, act May 21, 1937, ch. 236, § 2, as added June 2, 1939, ch. 171, 53 Stat. 802; amended Pub. L. 86–426, § 2(b),
Section 60e–1, acts Dec. 28, 1945, ch. 589, title I, 59 Stat. 633; Pub. L. 86–426, § 2(c),
Repeal applicable with respect to pay periods beginning after the expiration of the 1-year period which begins
Section 60e–1a was editorially reclassified as section 4555 of this title.
Section 60e–1b was editorially reclassified as section 4556 of this title.
Section 60e–1c was editorially reclassified as section 4557 of this title.
Section 60e–1d was editorially reclassified as section 4558 of this title.
Section, acts June 30, 1945, ch. 212, title I, §§ 101(c), 102(a), 59 Stat. 295, 296; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972;
Section 60e–2a was editorially reclassified as section 1853 of this title.
Section 60e–2b was editorially reclassified as section 1854 of this title.
Sections were omitted as obsolete and superseded. See sections 4533 to 4535, 4575, and 5103 of this title.
Section 60e–3, acts June 30, 1945, ch. 212, title V, § 501, 59 Stat. 301; May 24, 1946, ch. 270, § 5(a), (b), 60 Stat. 217; June 23, 1949, ch. 238, § 5, 63 Stat. 265, provided for payment of additional compensation to legislative branch employees.
Section 60e–4, acts June 30, 1945, ch. 212, title V, § 502, 59 Stat. 301; May 24, 1946, ch. 270, § 5(c), 60 Stat. 217, provided for payment of additional compensation to legislative branch employees.
Section 60e–4a, act July 3, 1948, ch. 830, title III, § 301, 62 Stat. 1267, provided for payment of additional compensation to employees of the Federal Government and the District of Columbia government.
Section 60e–5, acts Oct. 28, 1949, ch. 783, title I, § 101(a), (b), 63 Stat. 974; June 28, 1955, ch. 189, § 4(e)(1), 69 Stat. 177, provided for payment of additional compensation to and an annual limit on compensation for legislative branch employees.
Section 60e–6, acts Oct. 24, 1951, ch. 554, § 2(a), (b), (d), 65 Stat. 613; June 28, 1955, ch. 189, § 4(b), (e)(1), 69 Stat. 176, 177, provided for payment of additional compensation to and an annual limit on compensation for legislative branch employees.
Section 60e–7, acts June 28, 1955, ch. 189, § 4(a), (e)(1), (g), (h), 69 Stat. 176–178; June 27, 1956, ch. 453, § 101, 70 Stat. 363, provided for payment of additional compensation to legislative branch employees.
Section 60e–8, Pub. L. 85–462, § 4(a), (e), (f), (r),
Section 60e–9, Pub. L. 86–568, title I, § 117(a), (e)–(h),
Section 60e–10, Pub. L. 87–793, § 1005(a), (e)–(g), (i),
Section 60e–11, Pub. L. 88–426, title II, § 202(a)–(c), (h),
Section 60e–12, Pub. L. 89–301, § 11(a), (b), (i),
Section 60e–13, Pub. L. 89–504, title III, § 302(a), (b), (e), (i),
Section 60e–14, Pub. L. 90–206, title II, § 214(a), (b), (f), (m),
Section, acts July 1, 1941, ch. 268, 55 Stat. 448; June 8, 1942, ch. 396, 56 Stat. 333; June 28, 1943, ch. 173, title I, 57 Stat. 222; June 26, 1944, ch. 277, title I, 58 Stat. 337; Dec. 20, 1944, ch. 617, § 2(a), 58 Stat. 832; June 13, 1945, ch. 189, 59 Stat. 241; July 1, 1946, ch. 530, 60 Stat. 390; Oct. 28, 1949, ch. 783, title I, § 101(c)(3), 63 Stat. 974; Oct. 24, 1951, ch. 554, § 2(c)(2), 65 Stat. 614; June 28, 1955, ch. 189, § 4(e)(3), 69 Stat. 177; May 19, 1956, ch. 313, Ch. XII, 70 Stat. 175;
Repeal effective
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.
Section 60g, acts Dec. 20, 1944, ch. 617, § 1, 58 Stat. 831; June 23, 1949, ch. 238, § 4, 63 Stat. 265, related to clerk hire for Members and Resident Commissioner, rearrangements or changes in salaries and number of employees, maximum and minimum salaries, prohibition against increase in aggregate amount of salaries, required compensation rate to be in multiples of five, and certification of rearrangements or changes of salary schedules.
Section 60g–1, acts July 2, 1954, ch. 455, title I, 68 Stat. 401; Aug. 5, 1955, ch. 568, § 11(a), 69 Stat. 509; Aug. 3, 1956, ch. 938, § 1(a), 70 Stat. 990;
Repeal effective immediately prior to noon on
Section 60g–2 was editorially reclassified as section 5322 of this title.
A prior section 60g–2, based on House Resolution No. 416, Eighty-ninth Congress,
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.
Section, act Feb. 13, 1945, ch. 2, § 1, 59 Stat. 4, prescribed basic rates of compensation of telephone operators on the United States Capitol telephone exchange and authorized certain longevity increases. See section 4507 of this title.
Repeal effective
Pub. L. 87–730, § 106(c),
Section 60j was editorially reclassified as section 4507 of this title.
Section 60j–1 was editorially reclassified as a note under section 1927 of this title.
Section 60j–2 was editorially reclassified as section 4508 of this title.
Section, Pub. L. 95–391, title I, § 109,
Section 101 of S. 2939, 97th Congress, 2d Session, as reported
Section 101 of S. 2939, 97th Congress, 2d Session, as reported
Section 60j–4 was editorially reclassified as section 4509 of this title.
Section 60k was editorially reclassified as a note under section 1313 of this title.
Section 60l was editorially reclassified as a note under section 1311 of this title.
Section 60m, Pub. L. 103–3, title V, § 501,
Section 60n, Pub. L. 103–3, title V, § 502,
Pub. L. 104–1, title V, § 504(b),
Section 60o was editorially reclassified as section 4537 of this title.
Pub. L. 106–554, § 1(a)(2) [title I, § 6],
Section 60p was editorially reclassified as section 4595 of this title.
Section 60q was editorially reclassified as section 4505 of this title.
Section 61 was editorially reclassified as section 4574 of this title.
Section 61–1 was editorially reclassified as section 4575 of this title.
Section 61–1a was editorially reclassified as section 4576 of this title.
Section 61–1b was editorially reclassified as section 4577 of this title.
Section 61–1c was editorially reclassified as section 4581 of this title.
Section, Pub. L. 90–206, title II, § 214(g)–(i),
Section 61a was editorially reclassified as section 6531 of this title. Section 6531 of this title was subsequently repealed by Pub. L. 116–94, div. E, title II, § 212(a)(3)(H),
A prior section 61a, act Aug. 5, 1955, ch. 568, § 1, 69 Stat. 499, prescribed gross annual compensation of Secretary of Senate.
Section 61a–1, acts June 27, 1956, ch. 453, § 101, 70 Stat. 356;
Section 61a–2, Pub. L. 88–426, title II, § 202(i),
Section 61a–3 was editorially reclassified as section 6534 of this title.
Section, Pub. L. 91–145,
Pub. L. 93–145 provided that the repeal is effective
Section, Pub. L. 92–342, § 101,
Section, Pub. L. 91–382,
Pub. L. 93–145 provided that the repeal is effective
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,
Section 61a–7, Pub. L. 92–51,
Section 61a–8, Pub. L. 92–607, ch. V,
Section 61a–9 was editorially reclassified as section 6565 of this title.
Section 61a–9a was editorially reclassified as section 6564 of this title.
Section, Pub. L. 93–145,
Section 61a–11 was editorially reclassified as section 6539 of this title.
Section 61b was editorially reclassified as section 6535 of this title.
Sections were omitted in view of section 6539 of this title which abolished all statutory positions in Office of Secretary of Senate, with specified exceptions, effective
Section 61b–1, Pub. L. 87–730,
Section 61b–1a, Pub. L. 92–342,
Section 61b–2, Pub. L. 90–608, ch. VII, § 701,
Section 61b–3 was editorially reclassified as section 6541 of this title.
Section, Pub. L. 94–59, title I,
A prior section 61c, acts Aug. 5, 1955, ch. 568, § 1, 69 Stat. 499; June 27, 1956, ch. 453, 70 Stat. 356;
Section 61c–1 was editorially reclassified as section 6540 of this title.
Section 61c–2 was editorially reclassified as section 6537 of this title. Section 6537 of this title was subsequently repealed by Pub. L. 116–94, div. E, title II, § 212(a)(3)(A),
Section 61d was editorially reclassified as section 6651 of this title. Section 6651 of this title was subsequently repealed by Pub. L. 116–94, div. E, title II, § 212(a)(3)(G),
A prior section 61d, Pub. L. 93–145,
Another prior section 61d, acts Aug. 5, 1955, ch. 568, § 1, 69 Stat. 499;
Section 61d–1 was editorially reclassified as section 6652 of this title.
A prior section 61d–1, Pub. L. 93–371,
Section 61d–2 was editorially reclassified as section 6653 of this title.
A prior section 61d–2, Pub. L. 94–303, title I, § 114,
Section, acts Pub. L. 104–53, title I, § 2,
Repeal applicable with respect to fiscal year 2004 and each fiscal year thereafter, see section 6654(c) of this title.
Section 61d–4 was editorially reclassified as section 6654 of this title.
Section 61e was editorially reclassified as section 6591 of this title. Section 6591 of this title was subsequently repealed by Pub. L. 116–94, div. E, title II, § 212(a)(3)(H),
A prior section 61e, act Aug. 5, 1955, ch. 568, § 1, 69 Stat. 501, prescribed gross annual compensation of Sergeant at Arms of Senate.
Section 61e–1 was editorially reclassified as section 6594 of this title.
Section 61e–2 was editorially reclassified as section 6595 of this title.
Section 61e–3 was editorially reclassified as section 6593 of this title.
Section 61e–4 was editorially reclassified as section 6598 of this title.
Section 61f, acts Aug. 5, 1955, ch. 568, 69 Stat. 501; June 27, 1956, ch. 453, 70 Stat. 357;
Section 61f–1, Pub. L. 91–382,
Section 61f–1a was editorially reclassified as section 6612 of this title.
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,
Section 61f–3, Pub. L. 92–184, ch. IV,
Section 61f–4, Pub. L. 92–607, ch. V,
Section 61f–5, Pub. L. 93–145,
Section 61f–6, Pub. L. 93–245, ch. VI,
Section 61f–7 was editorially reclassified as section 6597 of this title.
Section 61f–8 was editorially reclassified as section 6599 of this title.
Section 61f–9 was editorially reclassified as section 6596 of this title.
Section 61f–10 was editorially reclassified as section 6502 of this title.
Section 61f–11 was editorially reclassified as section 6620 of this title.
Section 61f–12 was editorially reclassified as section 6628 of this title.
Section 61f–13 was editorially reclassified as section 6633 of this title.
Section 61f–14 was editorially reclassified as section 6617 of this title.
Section 61g was editorially reclassified as section 6151 of this title.
A prior section 61g, acts Aug. 5, 1955, ch. 568, 69 Stat. 502; June 27, 1956, ch. 453, § 101, 70 Stat. 357, prescribed the gross annual compensation of Secretaries of Senate Majority and Minority.
Section 61g–1, Pub. L. 89–691, title IV, § 404,
Sections 61g–2 and 61g–3, Pub. L. 94–59, title I,
Section 61g–4 was editorially reclassified as section 6156 of this title.
A prior section 61g–4, Pub. L. 95–26, title I, § 100,
Section 61g–5 was editorially reclassified as section 6152 of this title.
Section 61g–6 was editorially reclassified as section 6155 of this title.
Section 61g–6a was editorially reclassified as section 6153 of this title.
Section 61g–6b was editorially reclassified as section 6154 of this title.
Section 61g–7 was editorially reclassified as section 6157 of this title.
Section 61g–8 was editorially reclassified as section 6158 of this title.
Section 61h, Pub. L. 93–371, § 4,
A prior section 61h, acts Aug. 5, 1955, ch. 568, 69 Stat. 502; June 27, 1956, ch. 453, 70 Stat. 357;
Section 61h–1, Pub. L. 93–371, § 4,
A prior section 61h–1, Pub. L. 91–145,
Pub. L. 95–26, title I,
Section, Pub. L. 94–59, title I, § 105,
Repeal effective on the later of the first day of the first applicable pay period beginning on or after
Section 61h–3, Pub. L. 94–59, title I,
Section 61h–4 was editorially reclassified as section 6131 of this title.
Section 61h–5 was editorially reclassified as section 6132 of this title.
A prior section 61h–5, Pub. L. 95–26, title I,
Section 61h–6 was editorially reclassified as section 6501 of this title.
Section 61h–7 was editorially reclassified as section 6133 of this title.
Section 61i, Pub. L. 86–30, title I,
Section 61j, Pub. L. 93–371, § 4,
A prior section 61j, Pub. L. 91–145,
Section 61j–1, Pub. L. 94–59, title I,
Section 61j–2 was editorially reclassified as section 6134 of this title.
Section 61k was editorially reclassified as section 6113 of this title.
A prior section 61k, Pub. L. 95–26, title I,
Section 61l was editorially reclassified as section 6114 of this title.
Section 62 was editorially reclassified as section 6592 of this title.
Section, act May 1, 1947, ch. 49, title I, 61 Stat. 58, accorded Sergeant at Arms of Senate the same priority as executive agencies under the Surplus Property Act of 1944, act Oct. 3, 1944, ch. 479, 58 Stat. 765. The Surplus Property Act of 1944, which was formerly classified principally to sections 1611 to 1646 of the former Appendix to Title 50, War and National Defense, was repealed, with certain exceptions, by act June 30, 1949, ch. 288, title V, § 503, 63 Stat. 399, and the priorities thereunder expired
Section, act July 26, 1949, ch. 366, 63 Stat. 482, which related to audits and reports by Comptroller General of fiscal records of House Sergeant at Arms, was transferred to section 81a of this title, and was subsequently repealed by Pub. L. 104–186.
Section, R.S. § 73, related to duties of Doorkeeper of Senate. Provisions of R.S. § 73 which related to duties of Doorkeeper of House of Representatives were classified to section 76 of this title prior to repeal by Pub. L. 104–186.
Section, R.S. § 56, authorizing payment on requisitions drawn by Secretary of Senate of moneys appropriated for compensation of Senate members and officers and for contingent Senate expenses, was omitted in view of the abolition of appropriation for the fund provided for in this section on and after
Section 64–1 was editorially reclassified as section 6542 of this title.
Section 64–2 was editorially reclassified as section 6562 of this title.
A prior section 64–2, Pub. L. 95–26, title I, § 108,
Section, Pub. L. 95–26, title I, § 111,
Section 64a was editorially reclassified as section 6532 of this title.
Section 64a–1 was editorially reclassified as section 6536 of this title.
Section 64b was editorially reclassified as section 6533 of this title.
Section, R.S. §§ 57, 59; acts Mar. 2, 1895, ch. 177, § 5, 28 Stat. 807; Oct. 31, 1951, ch. 655, § 13, 65 Stat. 715, required Secretary of Senate to give a bond in the sum of $20,000.
Section 65a was editorially reclassified as section 6507 of this title.
Section 65b was editorially reclassified as section 6613 of this title.
Section 65c was editorially reclassified as section 6512 of this title.
Section 65d was editorially reclassified as section 6614 of this title.
Section, Pub. L. 98–63, title I,
Section 65f was editorially reclassified as section 6567 of this title.
Section, act June 19, 1934, ch. 648, title I, § 1, 48 Stat. 1022, directed that the fiscal year for adjustment of accounts of Secretary of Senate for compensation and mileage of Senators extend from July 1 to June 30.
Section 66a was editorially reclassified as section 4578 of this title.
Section 67 was editorially reclassified as section 6312 of this title.
Section 67a was editorially reclassified as section 4335 of this title.
Section 68 was editorially reclassified as section 6503 of this title.
Section 68–1 was editorially reclassified as section 6504 of this title.
Section 68–2 was editorially reclassified as section 6505 of this title.
Section 68–3 was editorially reclassified as section 6506 of this title.
Section 68–4 was editorially reclassified as section 6615 of this title.
Section 68–5 was editorially reclassified as section 6629 of this title.
Section 68–6 was editorially reclassified as section 6508 of this title.
Section 68–6a was editorially reclassified as section 6611 of this title.
Section 68–7 was editorially reclassified as section 6574 of this title.
Section 68–8 was editorially reclassified as section 6509 of this title.
Section 68a was editorially reclassified as section 6510 of this title.
Section 68b was editorially reclassified as section 6513 of this title.
Section 68c was editorially reclassified as section 4331 of this title.
Section 68d was editorially reclassified as section 6511 of this title.
Section 68e was editorially reclassified as section 6561 of this title.
Section 68f was editorially reclassified as section 6563 of this title.
Section 69 was editorially reclassified as section 4333 of this title.
Section 69–1 was editorially reclassified as section 4334 of this title.
Section 69a was editorially reclassified as section 6514 of this title.
A prior section 69a, Pub. L. 95–94, title I, § 105,
Section 69b was editorially reclassified as section 6578 of this title.
Section 70, act July 16, 1914, ch. 141, § 1, 38 Stat. 456, repealed resolutions passed prior to
Section 71, act July 11, 1919, ch. 6, § 1, 41 Stat. 57, was a provision in the Third Deficiency Act of 1919 authorizing Secretary of the Army to transfer to Sergeant at Arms of Senate motor equipment no longer required by the War Department. It is the opinion of the Department of the Army the section was intended to cover only surplus Army material on hand following World War I.
Section 72, acts Mar. 4, 1925, ch. 549, § 1, 43 Stat. 1291; May 13, 1926, ch. 294, § 1, 44 Stat. 542; Feb. 23, 1927, ch. 168, § 1, 44 Stat. 1152; May 14, 1928, ch. 551, § 1, 45 Stat. 522; Feb. 28, 1929, ch. 367, § 1, 45 Stat. 1392; June 6, 1930, ch. 407, § 1, 46 Stat. 509; Feb. 20, 1931, ch. 234, § 1, 46 Stat. 1179; June 30, 1932, ch. 314, pt. I, § 1, 47 Stat. 387; Feb. 28, 1933, ch. 134, § 1, 47 Stat. 1356, related to Committee employees after termination of Congress, and was limited to the Legislative Branch Appropriation Acts of which it was a part.
Section 72a was editorially reclassified as section 4301 of this title.
Pub. L. 103–283, title I,
Pub. L. 95–391, title I, § 105,
Section 72a–1, acts Feb. 19, 1947, ch. 4, 61 Stat. 5; June 14, 1948, ch. 467, 62 Stat. 423, provided for compensation of clerical employees of Senate standing committees. See section 4575(e) of this title.
Section 72a–1a, acts Aug. 5, 1955, ch. 568, § 1, 69 Stat. 505;
Repeal effective
Section 72a–1b was editorially reclassified as section 4311 of this title.
Section, Pub. L. 94–59, title I, § 108,
Pub. L. 95–26, title I, § 106(g)(1),
Section, Pub. L. 95–26, title I, § 106(a)–(e),
Repeal effective
Pub. L. 95–26, title I, § 106(g),
Section 72a–1e was editorially reclassified as section 4332 of this title.
Section 72a–1f was editorially reclassified as section 4338 of this title.
Section 72a–1g was editorially reclassified as section 4721 of this title.
Section 72a–1h was editorially reclassified as section 4722 of this title.
Section 72a–1i was editorially reclassified as section 4723 of this title.
Section 72a–2, acts July 20, 1951, ch. 237, §§ 1–3, 65 Stat. 123; Aug. 5, 1955, ch. 568, §§ 1, 8, 69 Stat. 501, 509; Feb. 14, 1956, ch. 34, Ch. IV, 70 Stat. 13; June 27, 1956, ch. 453, 70 Stat. 357;
Section 72a–3, Pub. L. 91–382,
Pub. L. 91–145,
Pub. L. 90–417,
Pub. L. 90–57,
Pub. L. 89–545,
Pub. L. 89–90,
Pub. L. 88–454,
Pub. L. 88–248,
Pub. L. 87–730,
Pub. L. 87–130,
Pub. L. 86–628,
Pub. L. 86–176,
Pub. L. 85–570,
Pub. L. 85–75,
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.
Section, Pub. L. 85–75,
Repeal effective
Section 72b was editorially reclassified as section 4312 of this title.
Section, act Aug. 2, 1946, ch. 753, title I, § 134(b), 60 Stat. 832, related to reports of committees and subcommittees of the Senate and House of Representatives on employed personnel. See section 72c of this title and the Standing Rules of the Senate. Section 2(a) of Senate Resolution No. 274, Ninety-sixth Congress,
Section, act July 17, 1947, ch. 262, 61 Stat. 367, related to House committee reports on employed personnel.
Section 72d was editorially reclassified as section 4336 of this title.
Section 72d–1 was editorially reclassified as section 4337 of this title.
Section 73, act Mar. 4, 1925, ch. 549, § 1, 43 Stat. 1292, related to clerk hire for Ways and Means Committee. See section 4301(c) of this title and Rules of House of Representatives.
Section 74, acts
R.S. § 53 and act May 24, 1924, ch. 183, § 1, 43 Stat. 149, formerly cited as a credit to section 74, were repealed by act Mar. 3, 1933, ch. 202, § 1, 47 Stat. 1428, and act June 20, 1929, ch. 33, § 6, 46 Stat. 39, respectively.
Section 74–1 was editorially reclassified as section 5122 of this title.
Section, Pub. L. 88–248, § 103,
Section 74a was editorially reclassified as section 5101 of this title.
Section, Pub. L. 87–367, title III, § 302(c),
A prior section 74a–1, act Aug. 5, 1955, ch. 568, § 9, 69 Stat. 509, prescribed compensation of Chief of Staff of Joint Committee on Internal Revenue Taxation.
Section 74a–2 was editorially reclassified as section 4302 of this title.
Section 74a–3 was editorially reclassified as section 5141 of this title.
Section 74a–4 was editorially reclassified as section 5142 of this title.
Section 74a–5 was editorially reclassified as a note under section 5142 of this title.
Section, Pub. L. 103–283, title I, § 101,
Section 74a–7 was editorially reclassified as section 5123 of this title.
Section 74a–8 was editorially reclassified as section 5161 of this title.
Section 74a–9 was editorially reclassified as section 5102 of this title.
Section 74a–10 was editorially reclassified as section 5144 of this title.
Section 74a–10a was editorially reclassified as section 5145 of this title.
Section 74a–10b was editorially reclassified as section 5146 of this title.
Section 74a–11 was editorially reclassified as section 5105 of this title.
Section 74a–11a was editorially reclassified as section 5104 of this title.
Section 74a–12 was editorially reclassified as section 5124 of this title.
Section 74a–13 was editorially reclassified as section 5162 of this title.
Section 74b was editorially reclassified as section 6538 of this title.
Section 74c was editorially reclassified as section 5143 of this title.
Section 74d was editorially reclassified as section 5621 of this title.
Pub. L. 108–83, title I, § 106,
Section 74d–1 was editorially reclassified as section 5622 of this title.
Section 74d–2 was editorially reclassified as section 5623 of this title.
Section, R.S. §§ 58, 59; act Mar. 2, 1895, ch. 177, § 5, 28 Stat. 807, required Clerk of House of Representatives to give a bond in the sum of $20,000.
Section, based on H. Res. No. 8, par. (3), Ninety-fifth Congress,
A prior section 75–1, based on H. Res. No. 890, Ninety-second Congress,
Section, act June 8, 1942, ch. 396, § 7, 56 Stat. 350; Pub. L. 92–310, title II, § 220(i),
Repeal of section is based on section 103(b)(1) of title I of H.R. 5521, as passed by the House of Representatives on
Section 75a–1 was editorially reclassified as section 5501 of this title.
Section 75b, act May 1, 1947, ch. 49, title I, 61 Stat. 58, accorded Clerk of House the same priority as executive agencies under the Surplus Property Act of 1944, act Oct. 3, 1944, ch. 479, 58 Stat. 765. The Surplus Property Act of 1944, which was formerly classified principally to sections 1611 to 1646 of the former Appendix to Title 50, War and National Defense, was repealed, with certain exceptions, by act June 30, 1949, ch. 288, title V, § 503, 63 Stat. 399, and the priorities thereunder expired
Sections 75c to 75e were omitted from the Code for lack of general applicability.
Section 75c, based on H. Res. No. 449,
Section 75d, based on H. Res. No. 331,
Section 75e, based on H. Res. Nos. 225, 341, 402 and 773 of the 87th Congress, enacted into permanent law by Pub. L. 87–130, § 103,
Section 75f was editorially reclassified as section 5502 of this title.
Section 76, R.S. § 73, related to duties of Doorkeeper of House. Provisions of R.S. § 73 which related to duties of Doorkeeper of Senate were classified to section 63 of this title prior to repeal by Pub. L. 104–186.
Section 76–1, based on H. Res. No. 8, par. (3), Ninety-fifth Congress,
A prior section 76–1 was based on provisions of H. Res. No. 890, Ninety-second Congress,
Another prior section 76–1, based on H. Res. No. 909, Eighty-ninth Congress,
Section 76a, based on H. Res. No. 560, Eighty-seventh Congress,
Section 76b, based on H. Res. No. 603, §§ 2, 3, Eighty-seventh Congress,
Section 77 was editorially reclassified as section 5601 of this title.
Section, based on H. Res. No. 8, par. (3), Ninety-fifth Congress,
A prior section 77a, based on H. Res. No. 890, Ninety-second Congress,
Section 78 was editorially reclassified as section 5604 of this title.
Pub. L. 104–53, title III, § 313,
Section 79 was editorially reclassified as section 5603 of this title.
Section 80 was editorially reclassified as section 5309 of this title.
Section 80a was editorially reclassified as section 4560 of this title.
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.
Section 81a, act July 26, 1949, ch. 366, 63 Stat. 482, related to audits and reports of fiscal records of Sergeant at Arms of House.
Section 81b, based on H. Res. No. 465, Eighty-fourth Congress,
Section 81c, based on H. Res. No. 144, Eighty-fifth Congress,
Section, acts Oct. 1, 1890, ch. 1256, §§ 4, 5, 26 Stat. 645, 646; Mar. 2, 1895, ch. 177, § 5, 28 Stat. 807, required Sergeant at Arms of House of Representatives to give a bond in sum of $50,000.
Section 83 was editorially reclassified as section 5602 of this title.
Section 84, act Oct. 1, 1890, ch. 1256, § 7, 26 Stat. 646, related to statement of disbursements by Sergeant at Arms.
Section 84–1, based on H. Res. No. 6, Ninety-eighth Congress,
A prior section 84–1, based on H. Res. No. 393, § 3, Ninety-fifth Congress,
Another prior section 84–1, acts Aug. 5, 1955, ch. 568, § 5, 69 Stat. 508;
Section 84–2 was editorially reclassified as section 5521 of this title.
A prior section 84–2, Pub. L. 88–426, title II, § 203(f),
Section 84–3, which related to compensation of Deputy Sergeant at Arms (charge of pairs), was based on House Resolution No. 138,
Section 84–4, which related to compensation of a clerk-messenger in office of Parliamentarian, was based on House Resolution No. 603,
Section 84a was editorially reclassified as section 5561 of this title.
Section, based on H. Res. No. 1495, Ninety-fourth Congress,
Section, acts July 17, 1947, ch. 262, 61 Stat. 365;
Amendment of section by Pub. L. 99–500 and 99–591, as amended by Pub. L. 100–71, is based on section 104(b) of title I of H.R. 5203 (see House Report 99–805 as filed in the House on
Provisions similar to those in this section were contained in appropriation acts which were classified to section 117a of this title.
Section 85, act Mar. 3, 1901, ch. 830, § 1, 31 Stat. 968, related to performance of duties by employees of House.
Section 86, act Mar. 3, 1901, ch. 830, § 1, 31 Stat. 968, related to division of salaries of employees of House.
Section 87, act Mar. 3, 1901, ch. 830, § 1, 31 Stat. 968, related to requiring or permitting employees of House to sublet duties.
Section 88, act Mar. 3, 1901, ch. 830, § 1, 31 Stat. 968, prescribed age limits of twelve and eighteen for service as pages in House of Representatives but made the restriction inapplicable to chief pages, riding pages, and telephone pages. See section 4901(b) of this title.
Section 88a, act Aug. 2, 1946, ch. 753, title II, § 243, 60 Stat. 839, related to education of Congressional and Supreme Court pages, authorized appropriations, and allowed pages to elect to attend private or parochial schools.
Section 88b was editorially reclassified as section 4903 of this title.
Section 88b–1 was editorially reclassified as section 4901 of this title.
Section 88b–2 was editorially reclassified as section 4911 of this title.
Section 88b–3 was editorially reclassified as section 4912 of this title.
Section 88b–4 was editorially reclassified as section 4913 of this title.
Section 88b–5 was editorially reclassified as section 4917 of this title.
Section, Pub. L. 98–63, title I, § 902,
Section 88b–7 was editorially reclassified as section 4931 of this title.
Section, acts June 14, 1948, ch. 467, 62 Stat. 426; Oct. 11, 1951, ch. 485, 65 Stat. 390;
Repeal effective immediately prior to noon on
Section, based on H. Res. No. 234, § 1, Ninety-eighth Congress,
Section 88c–2 was editorially reclassified as section 4914 of this title.
Section 88c–3 was editorially reclassified as section 4915 of this title.
Section 88c–4 was editorially reclassified as section 4916 of this title.
Section 89 was editorially reclassified as section 4552 of this title.
Section 89a was editorially reclassified as section 4559 of this title.
Section 90, act Mar. 3, 1901, ch. 830, § 1, 31 Stat. 968, related to removal from office of employees of House for violation of sections 85 to 87 and 4552 of this title.
Section 91, acts Mar. 3, 1901, ch. 830, § 1, 31 Stat. 968; Aug. 2, 1946, ch. 753, § 121, 60 Stat. 822, related to investigations of violations of sections 85 to 87, 90, and 4552 of this title.
Section 92 was editorially reclassified as section 5321 of this title.
A prior section 92, acts Jan. 25, 1923, ch. 43, 42 Stat. 1217; July 25, 1939, ch. 352, § 1, 53 Stat. 1080; Aug. 5, 1955, ch. 568, § 11(b), 69 Stat. 509; Aug. 3, 1956, ch. 938, § 1(b), 70 Stat. 990, related to payment of appropriations for clerk hire for Members of House of Representatives, Delegates, and Resident Commissioners, prior to repeal by Pub. L. 104–186, title I, § 104(e)(1),
Section, based on H. Res. No. 294, § 2, Eighty-eighth Congress,
Section 92a was editorially reclassified as section 5323 of this title.
Section 92b was editorially reclassified as section 5324 of this title.
Section 92b–1 was editorially reclassified as section 5327 of this title.
Section 92b–2 was editorially reclassified as section 5328 of this title.
Section 92b–3 was editorially reclassified as section 5329 of this title.
Section 92c was editorially reclassified as section 5325 of this title.
Section 92d was editorially reclassified as section 5326 of this title.
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.
Section 93, act
Section 94, acts Mar. 4, 1925, ch. 549, § 1, 43 Stat. 1291; May 13, 1926, ch. 294, § 1, 44 Stat. 542; Feb. 23, 1927, ch. 168, § 1, 44 Stat. 1152; May 14, 1928, ch. 551, § 1, 45 Stat. 522; Feb. 28, 1929, ch. 367, § 1, 45 Stat. 1392; June 6, 1930, ch. 407, § 1, 46 Stat. 509; Feb. 20, 1931, ch. 234, § 1, 46 Stat. 1180; June 30, 1932, ch. 314, pt. I, § 1, 47 Stat. 388; Feb. 28, 1933, ch. 134, § 1, 47 Stat. 1356, related to appointment and removal of janitors, and was limited to the appropriation acts of which it was a part.
Section was based on provisions of acts Oct. 2, 1888, ch. 1069, 25 Stat. 546; Mar. 4, 1911, ch. 240, 36 Stat. 1318; Aug. 2, 1946, ch. 753, § 121, 60 Stat. 822;
Section 95–1 was editorially reclassified as section 5505 of this title.
Section 95a was editorially reclassified as section 5506 of this title.
Section 95b was editorially reclassified as section 5507 of this title.
Section 95c was editorially reclassified as section 5532 of this title.
Section 95d was editorially reclassified as section 5508 of this title.
Section 95e was editorially reclassified as section 5533 of this title.
Section 96, acts July 16, 1914, ch. 141, § 1, 38 Stat. 462; Mar. 3, 1926, ch. 44, § 1, 44 Stat. 163, related to payment of certain bills from moneys of House.
Section 96a, Pub. L. 103–69, title III, § 311,
Section 97, act Mar. 2, 1895, ch. 177, § 1, 28 Stat. 768, related to temporary committee on accounts of House.
Section 98, act Mar. 3, 1885, ch. 360, 23 Stat. 512, related to contracts for horses for service of House of Representatives.
Section 99, act Mar. 3, 1891, ch. 541, § 1, 26 Stat. 914, related to contracts for horses and mail wagons for House of Representatives.
Section 100, act Mar. 3, 1901, ch. 830, § 1, 31 Stat. 967, related to contracts for packing boxes for House.
Section 101 was editorially reclassified as section 4701 of this title.
Section, R.S. §§ 60, 61; Pub. L. 86–628, § 105(c),
Section 102a was editorially reclassified as section 4107 of this title.
Section 103, R.S. § 62, authorized Secretary of Senate and Clerk of House to require disbursing officers subject to their authority to return analytical statements and receipts for expenditures and to communicate such returns annually to Congress. See sections 4108 and 5535 of this title.
Section 104, R.S. § 63, required that all expenditures of Senate and House be made up to end of each fiscal year and reported to Congress at beginning of each regular session. See sections 4108 and 5535 of this title.
Section 104a was editorially reclassified as section 4108 of this title.
Section 104b was editorially reclassified as section 5535 of this title.
Pub. L. 105–275, title I, § 105,
Section 104c was editorially reclassified as section 5562 of this title.
Section 104d was editorially reclassified as section 4702 of this title.
Section 104e was editorially reclassified as section 4712 of this title.
Section 104f was editorially reclassified as section 4728 of this title.
Section 104g was editorially reclassified as section 4727 of this title.
Section 105 was editorially reclassified as section 4303 of this title.
Section 106 was editorially reclassified as section 6569 of this title.
Section 107 was editorially reclassified as section 6570 of this title.
Section 108 was editorially reclassified as section 6571 of this title.
Section 109 was editorially reclassified as section 4104 of this title.
Section 110 was editorially reclassified as section 4105 of this title.
Section 111 was editorially reclassified as section 4102 of this title.
Section 111a was editorially reclassified as section 6625 of this title.
Section 111b was editorially reclassified as section 4103 of this title.
Section 112 was editorially reclassified as section 6572 of this title.
For subject matter of former sections 112a to 112d of this title, see section 5536 of this title.
Section 112a, acts Mar. 25, 1953, ch. 10, § 1, 67 Stat. 7; Mar. 25, 1955, ch. 15, §§ 1, 2, 69 Stat. 13; Feb. 25, 1956, ch. 72, § 1, 70 Stat. 30;
Section 112a–1, act Mar. 25, 1953, ch. 10, § 2, as added Feb. 25, 1956, ch. 72, § 2, 70 Stat. 31; amended
Section 112a–2, act Mar. 25, 1953, ch. 10, § 3, as added Feb. 25, 1956, ch. 72, § 2, 70 Stat. 31, provided for payment for equipment supplied.
Section 112b, act Mar. 25, 1953, ch. 10, § 4, formerly § 2, 67 Stat. 8, renumbered § 4, Feb. 25, 1956, ch. 72, § 2, 70 Stat. 31, provided for registration and ownership of equipment supplied.
Section 112c, act Mar. 25, 1953, ch. 10, § 6, formerly § 4, 67 Stat. 8, renumbered § 6, Feb. 25, 1956, ch. 72, § 2, 70 Stat. 31, defined “Member”.
Section 112d, act Mar. 25, 1953, ch. 10, § 7, formerly § 5, 67 Stat. 8, renumbered § 7, Feb. 25, 1956, ch. 72, § 2, 70 Stat. 31, related to the issuance of rules and regulations.
Repeal effective at beginning of first calendar month which commenced on or after
Pub. L. 91–139, § 2(b),
Section 112e was editorially reclassified as section 5536 of this title.
Section 112f was editorially reclassified as section 5509 of this title.
Section 112g was editorially reclassified as section 5537 of this title.
Section 112h was editorially reclassified as section 5538 of this title.
Section 113 was editorially reclassified as section 4109 of this title.
Section 114 was editorially reclassified as section 6575 of this title.
Section 115 was editorially reclassified as section 5563 of this title.
Section, R.S. § 72, related to accounting by the Secretaries, Clerks, Sergeant at Arms, Postmasters, and Doorkeepers of Senate and House for property of the Government in their possession.
Section 117 was editorially reclassified as section 6516 of this title.
Section, acts July 1, 1941, ch. 268, 55 Stat. 454; June 8, 1942, ch. 396, 56 Stat. 338; June 28, 1943, ch. 173, title I, 57 Stat. 228; June 26, 1944, ch. 277, title I, 58 Stat. 343; June 13, 1945, ch. 189, 59 Stat. 248; July 1, 1946, ch. 530, 60 Stat. 397, related to depositing in Treasury sums received from sale of transcripts of House committee hearings, and applied only to fiscal years covered by such acts. Permanent provisions were enacted by act July 17, 1947, ch. 262, 61 Stat. 365, and classified to section 84b of this title.
Section 117b was editorially reclassified as section 6630 of this title.
Section 117b–1 was editorially reclassified as section 6517 of this title.
Section 117b–2 was editorially reclassified as section 6631 of this title.
Section 117c was editorially reclassified as section 6632 of this title.
Section 117d was editorially reclassified as section 6626 of this title.
Section 117d–1 was editorially reclassified as section 6627 of this title.
Section 117e was editorially reclassified as section 5540 of this title.
Section 117f was editorially reclassified as section 5539 of this title.
Section 117g was editorially reclassified as section 4121 of this title.
Section 117h was editorially reclassified as section 4122 of this title.
Section 117i was editorially reclassified as section 2013 of this title.
Section 117j was editorially reclassified as section 5541 of this title.
Section 117j–1 was editorially reclassified as section 5542 of this title.
Section 117k was editorially reclassified as section 5543 of this title.
Section 117l was editorially reclassified as section 5544 of this title.
Section 117m was editorially reclassified as section 5545 of this title.
Section 118 was editorially reclassified as section 5503 of this title.
Section 118a was editorially reclassified as section 5504 of this title.
Section 119 was editorially reclassified as section 4106 of this title.
Section, act July 2, 1954, ch. 455, 68 Stat. 397, provided that on and after
Section, act Feb. 23, 1927, ch. 168, § 1, 44 Stat. 1150, changed the name of “clerk to Speaker’s table” to “parliamentarian” and was omitted as executed.
Section 121 was editorially reclassified as section 2052 of this title.
Section, Pub. L. 94–440, title I, § 106,
Repeal effective 30 days after
Section 121b was editorially reclassified as a note under section 6634 of this title.
Section 121b–1 was editorially reclassified as section 6634 of this title.
Section 121c was editorially reclassified as section 6635 of this title.
Section 121d was editorially reclassified as section 6576 of this title.
Section 121e was editorially reclassified as section 6515 of this title.
Section 121f was editorially reclassified as section 2026 of this title.
Section 121g was editorially reclassified as section 4123 of this title.
Section, acts July 2, 1954, ch. 455, title I, 68 Stat. 403;
The repeal of this section is based on section 6(b) of House Resolution No. 687, Ninety-fifth Congress,
Similar provisions were contained in the following prior appropriation acts:
Aug. 1, 1953, ch. 304, title I, 67 Stat. 325.
Section 6(b) of House Resolution No. 687, Ninety-fifth Congress,
Section, acts July 2, 1954, ch. 455, title I, 68 Stat. 403;
Section 302(a), (b), and (d) of H. Res. No. 287, Ninety-fifth Congress,
Section 122b, based on H. Res. No. 687, § 1, Ninety-fifth Congress,
Section 122c, based on H. Res. No. 687, § 2, Ninety-fifth Congress,
Section 122d, based on H. Res. No. 687, § 3, Ninety-fifth Congress,
Section 122e, based on H. Res. No. 687, § 4, Ninety-fifth Congress,
Section 122f, based on H. Res. No. 687, § 5, Ninety-fifth Congress,
Section 122g, based on H. Res. No. 687, § 7, Ninety-fifth Congress,
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.
Section, act Aug. 5, 1955, ch. 568, § 1, 69 Stat. 500, which established the basic annual compensation of the coordinator, Joint Recording Facility, has been omitted because of section 4131(l) of this title which abolished the Joint Recording Facility positions and salaries established pursuant to the Legislative Branch Appropriation Act, 1948, and all subsequent acts.
Section 123b was editorially reclassified as section 4131 of this title.
Section 123b–1 was editorially reclassified as section 4132 of this title.
Section 123c was editorially reclassified as section 6618 of this title.
Section 123c–1 was editorially reclassified as section 6619 of this title.
Section 123d was editorially reclassified as section 6636 of this title.
Section 123e was editorially reclassified as section 6577 of this title.
Section 124 was editorially reclassified as section 5606 of this title.
Section 125 was editorially reclassified as section 4553 of this title.
Section 125a was editorially reclassified as section 4506 of this title. Section 38b of this title, which was identical to this section, was omitted from the Code.
Section, act Sept. 1, 1954, ch. 1208, title VI, § 603, 68 Stat. 1116, provided that official reporters of Senate proceedings and their employees be considered officers or employees of the legislative branch within section 2091(a) of former Title 5. See section 8701(a)(3) of Title 5, Government Organization and Employees.
Section, Pub. L. 89–90,
Section 126–2 was editorially reclassified as section 6543 of this title.
Section, Pub. L. 86–628,
Section 126b was editorially reclassified as section 6544 of this title.
Section, Pub. L. 87–130,
Similar provisions were contained in the following prior appropriation acts:
Act June 27, 1956, ch. 453, 70 Stat. 360, as amended by acts
Pub. L. 92–51 provided that the repeal is effective
Section 127a was editorially reclassified as section 5342 of this title.
Section 127b was editorially reclassified as section 4538 of this title.
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,
Section, Pub. L. 87–730, § 103,
The repeal of this section is based on a part of section 2 of House Resolution No. 1047, Ninety-fifth Congress,
Section 2 of House Resolution No. 1047, Ninety-fifth Congress, which was enacted into permanent law by Pub. L. 95–391, provided that the repeal is effective upon the enactment of House Resolution No. 1047 as permanent law, which was effected by Pub. L. 95–391, § 111, effective
Section 2 of House Resolution No. 1047, Ninety-fifth Congress,
Section 1 of House Resolution No. 434, Ninety-fifth Congress,
Section 130–1 was editorially reclassified as section 5581 of this title.
Section 130–2 was editorially reclassified as section 5582 of this title.
Section 130a was editorially reclassified as section 4504 of this title.
Section 130b was editorially reclassified as section 4503 of this title.
Section 130c was editorially reclassified as section 4593 of this title.
Section 130d was editorially reclassified as section 4554 of this title.
Section 130e was editorially reclassified as section 2172 of this title.
Section 130f was editorially reclassified as section 5571 of this title.
Section 130g was editorially reclassified as section 6616 of this title.
Section 130h was editorially reclassified as section 5546 of this title.
Section, Pub. L. 107–117, div. B, § 905,
Pub. L. 112–74, div. G, title I, § 105,
Section 130j was editorially reclassified as section 5531 of this title.
Section 130k was editorially reclassified as section 5547 of this title.
Section 130l was editorially reclassified as section 5591 of this title.
The Library of Congress, composed of the books, maps, and other publications which on
R.S. § 80 derived from act Jan. 26, 1802, ch. 2, 2 Stat. 128; Res.
1987—Pub. L. 100–202 struck out after first sentence “The law library shall be preserved in the Capitol in the rooms which were on
1976—Pub. L. 94–553 substituted “acquisition of material under the copyright law” for “deposit to secure copyright”.
Amendment by Pub. L. 94–553 effective
Pub. L. 116–94, div. P, title XIV, § 1401,
Pub. L. 116–94, div. P, title XVI, § 1601,
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
Pub. L. 85–147,
The Library of Congress shall be arranged in two departments, a general library and a law library.
R.S. § 81 derived from act July 14, 1832, ch. 221, § 1, 4 Stat. 579.
The unexpended balance of any sums appropriated by Congress for the increase of the general library, together with such sums as may hereafter be appropriated to the same purpose, shall be laid out under the direction of the Joint Committee of Congress on the Library.
R.S. § 82 derived from acts Apr. 24, 1800, ch. 37, § 5, 2 Stat. 56, and Jan. 26, 1802, ch. 2, § 6, 2 Stat. 129.
1946—Act
Amendment by act
Effective for fiscal years beginning with fiscal year 1995, obligations for any reimbursable and revolving fund activities performed by the Library of Congress are limited to the total amounts provided (1) in the annual regular appropriations Act making appropriations for the legislative branch, or (2) in a supplemental appropriations Act that makes appropriations for the legislative branch.
In addition to any other transfer authority provided by law, during fiscal year 2001 and fiscal years thereafter, the Librarian of Congress may transfer to and among available accounts of the Library of Congress amounts appropriated to the Librarian from funds for the purchase, installation, maintenance, and repair of furniture, furnishings, and office and library equipment.
Any amounts transferred pursuant to subsection (a) shall be merged with and be available for the same purpose and for the same period as the appropriation or account to which such amounts are transferred.
The Librarian may transfer amounts pursuant to subsection (a) only with the approval of the Committees on Appropriations of the House of Representatives and Senate.
Section is from the Legislative Branch Appropriations Act, 2001.
During fiscal year 2014 and any succeeding fiscal year, the Librarian of Congress may transfer amounts appropriated for the fiscal year between the categories of appropriations provided under law for the Library of Congress for the fiscal year, upon the approval of the Committees on Appropriations of the House of Representatives and Senate.
Not more than 10 percent of the total amount of funds appropriated to the account under any category of appropriations for the Library of Congress for a fiscal year may be transferred from that account by all transfers made under subsection (a).
The Joint Committee of Congress on the Library shall, on and after
1996—Pub. L. 104–186 substituted “House Oversight” for “House Administration”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Section effective
Pub. L. 106–554, § 1(a)(4) [div. A],
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.
1946—Act
Amendment by act
The incidental expenses of the law library shall be paid out of the appropriations for the Library of Congress.
R.S. § 83 derived from act July 14, 1832, ch. 221, § 3, 4 Stat. 579.
The Librarian shall make the purchases of books for the law library, under the direction of and pursuant to the catalogue furnished him by the Chief Justice of the Supreme Court.
R.S. § 84 derived from act July 14, 1832, ch. 221, § 4, 4 Stat. 579.
Any item provided under paragraph (1) shall be provided on a loan basis and shall remain the property of the Library of Congress.
The Librarian of Congress may contract or otherwise arrange with such public or other nonprofit libraries, agencies, or organizations as the Librarian may determine appropriate to serve as local or regional centers for the circulation of items described in subsection (a)(1).
The Librarian of Congress is authorized to provide items described in subparagraphs (A) and (B) of subsection (a)(1) to authorized entities located in a country that is a party to the Marrakesh Treaty, if any such items are delivered to authorized entities through online, not physical, means. The Librarian may contract or otherwise arrange with such authorized entities to deliver such items to eligible persons located in their countries in any accessible format and consistent with section 121A of title 17.
In the purchase and maintenance of items described in subsection (a), the Librarian of Congress, without regard to section 6101 of title 41, shall give preference to nonprofit institutions or agencies whose activities are primarily concerned with the blind and with other physically disabled persons, in all cases where, considering all the circumstances and needs involved, the Librarian determines that the prices submitted are fair and reasonable.
The Librarian of Congress shall prescribe regulations for services under this section, in consultation with eligible persons and authorized entities. Such regulations shall include procedures that shall be used by an individual to establish that the individual is an eligible person.
There are authorized to be appropriated to carry out this section such sums as may be necessary.
2019—Pub. L. 116–94 amended section generally. Prior to amendment, text read as follows: “There is authorized to be appropriated annually to the Library of Congress, in addition to appropriations otherwise made to said Library, such sums for expenditure under the direction of the Librarian of Congress as may be necessary to provide books published either in raised characters, on sound-reproduction recordings or in any other form, and for purchase, maintenance, and replacement of reproducers for any such forms, for the use of the blind and for other physically handicapped residents of the United States, including the several States, Territories, insular possessions, and the District of Columbia, all of which books, recordings, and reproducers will remain the property of the Library of Congress but will be loaned to blind and to other physically handicapped readers certified by competent authority as unable to read normal printed material as a result of physical limitations, under regulations prescribed by the Librarian of Congress for this service. In the purchase of books in either raised characters or in sound-reproduction recordings the Librarian of Congress, without reference to the provisions of section 6101 of title 41, shall give preference to nonprofit-making institutions or agencies whose activities are primarily concerned with the blind and with other physically handicapped persons, in all cases where the prices or bids submitted by such institutions or agencies are, by said Librarian, under all the circumstances and needs involved, determined to be fair and reasonable.”
2016—Pub. L. 114–219 substituted “and for purchase, maintenance, and replacement of reproducers for any such forms” for “and for purchase, maintenance, and replacement of reproducers for such sound-reproduction recordings” in first sentence.
1966—Pub. L. 89–522 amended section generally, extending availability of books and materials under this section by authorizing their loan to other physically handicapped residents, in addition to blind persons, certified by competent authority as unable to read normal printed material as a result of physical limitations.
1957—Pub. L. 85–308 authorized annual appropriation of necessary sums in lieu of provisions which limited annual appropriation to $1,125,000, and struck out limitation of $200,000 on amount of appropriated funds to be expended annually for books in raised characters.
1952—Act
1946—Act
1944—Act
1942—Act
1940—Act
1939—Act
1937—Act
1935—Act
1933—Act
Pub. L. 85–308, § 2,
Act Aug. 8, 1946, ch. 868, § 2, 60 Stat. 908, provided:
Act June 13, 1944, ch. 246, § 2, 58 Stat. 276, provided:
Act Oct. 1, 1942, ch. 575, § 2, 56 Stat. 764, provided:
Act Apr. 23, 1937, ch. 125, § 2, 50 Stat. 72, provided that:
Section, Pub. L. 87–765,
Section 135a–1 of this title, referred to in subsec. (a), was repealed by Pub. L. 116–94, div. P, title XIV, § 1403(b),
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.
The Librarian of Congress shall make rules and regulations for the government of the Library.
R.S. §§ 88, 89, 4950, which were repealed by acts Feb. 28, 1933, ch. 131, § 1, 47 Stat. 1349; Mar. 3, 1933, ch. 202, § 1, 47 Stat. 1428, 1431.
2015—Pub. L. 114–86 struck out provisions relating to appointment of Librarian of Congress.
1972—Pub. L. 92–310 struck out provisions which required the Librarian of Congress to give a bond in the sum of $20,000.
Pub. L. 114–86, § 1,
The President shall appoint the Librarian of Congress, by and with the advice and consent of the Senate.
The Librarian of Congress shall be appointed for a term of 10 years.
An individual appointed to the position of Librarian of Congress, by and with the advice and consent of the Senate, may be reappointed to that position in accordance with subsections (a) and (b).
This section shall apply with respect to appointments made on or after
Sections were superseded by section 136a–2 of this title.
Section 136a, Pub. L. 88–426, title II, § 203(c),
A prior section 136a, acts Mar. 6, 1928, ch. 134, 45 Stat. 197; Oct. 15, 1949, ch. 695, § 5(a), 63 Stat. 890, which contained similar provisions, was repealed by Pub. L. 89–554, § 8(a),
Section 136a–1, Pub. L. 88–426, title II, § 203(d),
2019—Par. (2). Pub. L. 116–94 amended par. (2) generally. Prior to amendment, text read as follows: “the Deputy Librarian of Congress shall be compensated at an annual rate of pay which is equal to the annual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314 of title 5.”
1999—Pub. L. 106–57 amended section generally. Prior to amendment, section read as follows:
“(a) Subject to subsection (b) of this section and notwithstanding any other provision of law—
“(1) the compensation of the Librarian of Congress shall be at an annual rate which is equal to the annual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314 of title 5, and
“(2) the compensation of the Deputy Librarian of Congress shall be at an annual rate which is equal to the annual rate of basic pay payable for positions at level IV of the Executive Schedule under section 5315 of title 5.
“(b) The limitations contained in section 306 of S. 2939, Ninety-seventh Congress, as made applicable by section 101(e) of Public Law 97–276 (as amended by section 128(a) of Public Law 97–377) shall, after application of section 128(b) of Public law 97–377, be applicable to the compensation of the Librarian of Congress and the Deputy Librarian of Congress, as fixed by subsection (a) of this section.”
Pub. L. 106–57, title II, § 209(c),
Pub. L. 98–63, title I, § 904(c),
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.
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.
From and after
This Act, referred to in text, is Pub. L. 98–51,
The justices of the Supreme Court shall have free access to the law library; and they are authorized to make regulations, not inconsistent with law, for the use of the same during the sittings of the court. But such regulations shall not restrict any person authorized to take books from the Library from having access to the law library, or using the books therein in the same manner as he may be entitled to use the books of the general Library.
R.S. § 95 derived from act July 14, 1832, ch. 221, § 2, 4 Stat. 579.
Section 137a, R.S. § 94, related to persons specially privileged to use library. See last sentence of section 136 of this title, which gives Librarian of Congress power to make rules and regulations for government of library.
Section 137b, act
With reference to former section 137a of this title, the Joint Committee on the Library, in an official report
“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.”
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.
Act
Act
Act
The law library shall be kept open every day so long as either House of Congress is in session.
Section, acts Feb. 19, 1897, ch. 265, § 1, 29 Stat. 546; Pub. L. 94–273, § 30,
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.
Act
The employees required for the performance of the duties under paragraph (1) shall be appointed by the Architect of the Capitol.
The Librarian of Congress shall have charge of all work (other than work under subsection (a)) at the Library of Congress buildings and grounds.
The Architect of the Capitol and the Librarian of Congress may enter into agreements with each other to perform work under this section, and, subject to the approval of the Committees on Appropriations of the House of Representatives and the Senate and the Joint Committee on the Library, may transfer between themselves appropriations or other available funds to pay the costs therefor.
2003—Pub. L. 108–7 inserted section catchline and amended text generally. Prior to amendment, text read as follows: “The Architect of the Capitol shall have charge of all structural work at the Library of Congress buildings and grounds (as defined in section 167j of this title), including all necessary repairs, the operation, maintenance, and repair of the mechanical plant and elevators, the care and maintenance of the grounds, and the purchasing of all equipment other than office equipment. The employees required for the performance of the foregoing duties shall be appointed by the Architect of the Capitol. All other duties on
1990—Pub. L. 101–520 and Pub. L. 101–562 made substantively identical amendments, substituting reference to the Library of Congress buildings and grounds (as defined in section 167j of this title) for reference to the Library Building and on the grounds.
1970—Pub. L. 91–280 substituted “purchasing of all equipment other than office equipment” for “purchasing and supplying of all furniture and equipment for the building” in second sentence and inserted sentence at end.
Pub. L. 108–7, div. H, title I, § 1208(b),
Amendment by Pub. L. 101–520 and 101–562 effective on date [
Pub. L. 105–144, “[Amended section 167j of this title.] “Gifts or trust funds given to the Library or the Library of Congress Trust Fund Board for the structural and mechanical work and refurbishment of Library buildings and grounds specified in section 1 shall be transferred to the Architect of the Capitol to be spent in accordance with the provisions of the first section of the Act of “There is established in the Treasury of the United States a fund consisting of those gifts or trust funds transferred to the Architect of the Capitol under section 3. Upon prior approval of the Committee on House Oversight [now Committee on House Administration] of the House of Representatives and Committee on Rules and Administration of the Senate, amounts in the fund shall be available to the Architect of the Capitol, subject to appropriation, to remain available until expended, for the structural and mechanical work and refurbishment of Library buildings and grounds. Such funds shall be available for expenditure in fiscal year 1998, subject to the prior approval of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate.
Pub. L. 103–110, § 122,
Pub. L. 102–451, § 4,
Pub. L. 101–520, title II, § 205,
Similar provisions were contained in Pub. L. 101–562, §§ 1, 2, 4,
Pub. L. 86–469,
Pub. L. 104–208, div. A, title V, § 5402,
Pub. L. 96–269, § 1,
Pub. L. 94–264,
Pub. L. 96–269, § 2,
Pub. L. 91–214, § 2,
Pub. L. 89–260, “There is also authorized to be appropriated not exceeding $10,000 to pay the expenses of the James Madison Memorial Commission.”
The responsibility for design, installation, and maintenance of security systems to protect the physical security of the buildings and grounds of the Library of Congress is transferred from the Architect of the Capitol to the Capitol Police Board. Such design, installation, and maintenance shall be carried out under the direction of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate, and without regard to section 6101 of title 41. Any alteration to a structural, mechanical, or architectural feature of the buildings and grounds of the Library of Congress that is required for a security system under the preceding sentence may be carried out only with the approval of the Architect of the Capitol.
In text, “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c),
Section is from the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
The Librarian of Congress shall establish standards and regulations for the physical security, control, and preservation of the Library of Congress collections and property, and for the maintenance of suitable order and decorum within Library of Congress.
Not later than
This Act, referred to in subsec. (b)(1), is Pub. L. 110–178,
Pub. L. 110–161, div. H, title I, § 1004(e), and Pub. L. 110–178, § 5, enacted substantially identical provisions. This section is based on text of section 5 of Pub. L. 110–178. Pub. L. 110–161, § 1004, was repealed by Pub. L. 111–145.
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.
Section, acts June 29, 1922, ch. 251, § 1, 42 Stat. 715;
From and after
Section 142 of this title, referred to in text, was omitted from the Code.
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.
Disbursement functions of all Government agencies, except Departments of the Army, Navy, and Air Force and Panama Canal transferred to Division of Disbursements, Treasury Department, by Ex. Ord. No. 6166, § 4,
Division subsequently consolidated with other agencies into Fiscal Service in Treasury Department by Reorg. Plan No. III of 1940, § 1(a)(1), eff.
On and after
“Section 3726 of title 31” substituted in text for “title III, part II, section 322, of the Transportation Act of 1940, approved
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.
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.
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.
From and after
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.
In the second par., “section 3726 of title 31” substituted for “section 244 of title 31” on authority of Pub. L. 97–258, § 4(b),
Section is based on section 207 of title II of H.R. 7593, as passed the House of Representatives on
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 96–86, § 101(c) [H.R. 4390, title II, § 207],
Pub. L. 95–391, title II, § 207,
Pub. L. 95–94, title II, § 207,
Pub. L. 94–440, title VIII, § 808,
Pub. L. 94–157, title I, ch. IV,
From and after
All vouchers certified for payment by duly authorized certifying officers of the Library of Congress shall be supported with a certification by an officer or employee of the Office of Technology Assessment duly authorized in writing by the Director of the Office of Technology Assessment to certify payments from appropriations of the Office of Technology Assessment. The Office of Technology Assessment certifying officers shall (1) be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting paper and the legality of the proposed payment under the appropriation or fund involved, (2) be held responsible and accountable for the correctness of the computations of certifications made, and (3) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by him, as well as for any payment prohibited by law which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General of the United States may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds (1) that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained the actual facts, or (2) that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment: Provided further, That the Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 3726 of title 31, whenever he finds that the overpayment occurred solely because of 1
The 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.
In the second par., “section 3726 of title 31” substituted for “section 244 of title 31” on authority of Pub. L. 97–258, § 4(b),
Section is based on section 205 of title II of H.R. 4120, as reported
From and after
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 97–276, § 101(e) [S. 2939, title II, § 204],
Pub. L. 97–51, § 101(c) [H.R. 4120, title II, § 204],
Pub. L. 96–536, § 101(c) [H.R. 7593, title II, § 208],
Pub. L. 96–86, § 101(c) [H.R. 4390, title II, § 208],
Pub. L. 95–391, title II, § 208,
Pub. L. 95–94, title II, § 208,
Provisions similar to those in this section were contained in the following prior appropriation act:
Pub. L. 100–458, title I,
Effective
From and after
From and after
All vouchers certified for payment by duly authorized certifying officers of the Library of Congress shall be supported with a certification by an officer or employee of the Office of Compliance 1 duly authorized in writing by the Executive Director of the Office of Compliance 1 to certify payments from appropriations of the Office of Compliance.1 The Office of Compliance 1 certifying officers shall (1) be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting paper and the legality of the proposed payment under the appropriation or fund involved, (2) be held responsible and accountable for the correctness of the computations of certifications made, and (3) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by them, as well as for any payment prohibited by law which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General of the United States may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds (1) that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained the actual facts, or (2) that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment: Provided further, That the Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 3726 of title 31, whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deductions.
The Disbursing Officer of the Library of Congress shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which is imposed upon a certifying officer or employee of the Office of Compliance.1
Office of Compliance changed, as of
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.
Disbursement functions of all Government agencies except Departments of the Army, Navy, and Air Force and Panama Canal transferred to Division of Disbursements, Treasury Department, by Ex. Ord. No. 6166, § 4,
Division subsequently consolidated with other agencies into Fiscal Service in Treasury Department by Reorg. Plan No. III of 1940, § 1(a)(1), eff.
From and after
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,
Section is based on section 203 of title II of H.R. 7593, as passed the House of Representatives on
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 96–86, § 101(c) [H.R. 4390, title II, § 203],
Pub. L. 95–391, title II, § 203,
Pub. L. 95–94, title II, § 203,
Pub. L. 94–440, title VIII, § 803,
Pub. L. 94–59, title VII, § 703,
Pub. L. 93–371,
Pub. L. 93–145,
Pub. L. 92–342,
Pub. L. 92–51,
Pub. L. 91–382,
Pub. L. 91–145,
Pub. L. 90–417,
Pub. L. 90–57,
Pub. L. 89–545,
From and after
Section is based on section 204 of title II of H.R. 7593, as passed the House of Representatives on
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 96–86, § 101(c) [H.R. 4390, title II, § 204],
Pub. L. 95–391, title II, § 204,
Pub. L. 95–94, title II, § 204,
Pub. L. 94–440, title VIII, § 804,
Pub. L. 94–59, title VII, § 704,
Pub. L. 93–371,
Pub. L. 93–145,
Pub. L. 92–342,
Pub. L. 92–51,
Pub. L. 91–382,
Pub. L. 91–145,
Pub. L. 90–417,
Pub. L. 90–57,
In addition to amounts transferred pursuant to section 182b(e)(2) of this title, the Librarian of Congress may transfer amounts made available for salaries and expenses of the Library of Congress during a fiscal year to the applicable appropriations accounts of the United States Capitol Police in order to reimburse the Capitol Police for services provided in connection with a special event or program described in section 182b(a)(4) of this title.
Pub. L. 110–161, div. H, title I, § 1004(f)(2), and Pub. L. 110–178, § 6(b), enacted substantially identical provisions. This section is based on text of section 6(b) of Pub. L. 110–178. Pub. L. 110–161, § 1004, was repealed by Pub. L. 111–145.
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.
Available balances of expired Library of Congress appropriations shall be available to the Library of Congress to make the deposit to the credit of the Employees’ Compensation Fund required by subsection 8147(b) of title 5.
This section shall apply with respect to appropriations for fiscal year 2012 and each fiscal year thereafter.
Section is from the Legislative Branch Appropriations Act, 2012, which is div. G of the Consolidated Appropriations Act, 2012.
Ten of the copies of the Statutes at Large, published by Little, Brown & Co., which were deposited in the Library prior to
R.S. § 96 derived from act Feb. 5, 1859, ch. 22, § 11, 11 Stat. 381.
Two copies of the journals and documents, and of each book printed by either House of Congress, well bound in calf, shall be deposited in the Library, and must not be taken therefrom.
R.S. § 97 derived from Res.
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.
Section effective
Twenty-five copies of the public Journals of the Senate, and of the House of Representatives, shall be deposited in the Library of the United States, at the seat of government, to be delivered to Members of Congress during any session, and to all other persons authorized by law to use the books in the Library, upon their application to the Librarian, and giving their responsible receipts for the same, in like manner as for other books.
R.S. § 98 derived from Res.
Section, act June 6, 1900, ch. 791, § 1, 31 Stat. 642, related to bound volumes from files of House of Representatives. See sections 2103 and 2114 of Title 44, Public Printing and Documents.
Section, act Feb. 25, 1903, ch. 755, § 1, 32 Stat. 865, related to transfer of books from executive departments to Library.
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.
1951—Act
Within the limits of available appropriations, the Librarian of Congress may dispose of surplus or obsolete personal property of the Library of Congress by interagency transfer, donation, sale, trade-in, or other appropriate method.
Any amounts received by the Librarian of Congress from the disposition of property under subsection (a) shall be credited to the funds available for the operations of the Library of Congress, and shall be available to acquire the same or similar property during the fiscal year in which the amounts are received and the following fiscal year.
This section shall apply with respect to fiscal year 2012 and each succeeding fiscal year.
Section is from the Legislative Branch Appropriations Act, 2012, which is div. G of the Consolidated Appropriations Act, 2012.
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.
1977—Pub. L. 95–94 inserted provisions relating to crediting of the moneys deposited in the Treasury.
Pub. L. 95–94, title IV, § 405(b),
The library collected by the Smithsonian Institution under the provisions of the Act of
Act of
R.S. § 99 derived from act Apr. 5, 1866, ch. 25, § 1, 14 Stat. 13.
The Smithsonian Institution shall have the use of the library referred to in section 151 of this title in like manner as before its removal. All the books, maps, and charts of the Smithsonian Library shall be properly cared for and preserved in like manner as are those of the Congressional Library; from which the Smithsonian Library shall not be removed except on reimbursement by the Smithsonian Institution to the Treasury of the United States of expenses incurred in binding and in taking care of the same, or upon such terms and conditions as shall be mutually agreed upon by Congress and the Regents of the Institution.
R.S. § 100 derived from act Apr. 5, 1866, ch. 25, § 2, 14 Stat. 13.
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.
A board is created and established, to be known as the “Library of Congress Trust Fund Board” (hereinafter referred to as the board), which shall consist of the Secretary of the Treasury (or an Assistant Secretary designated in writing by the Secretary of the Treasury), the chairman and the vice chair of the Joint Committee on the Library, the Librarian of Congress, two persons appointed by the President for a term of five years each (the first appointments being for three and five years, respectively), four persons appointed by the Speaker of the House of Representatives (in consultation with the minority leader of the House of Representatives) for a term of five years each (the first appointments being for two, three, four, and five years, respectively), and four persons appointed by the majority leader of the Senate (in consultation with the minority leader of the Senate) for a term of five years each (the first appointments being for two, three, four, and five years, respectively). Upon request of the chair of the Board, any member whose term has expired may continue to serve on the Trust Fund Board until the earlier of the date on which such member’s successor is appointed or the expiration of the 1-year period which begins on the date such member’s term expires. Seven members of the board shall constitute a quorum for the transaction of business, and the board shall have an official seal, which shall be judicially noticed. The board may adopt rules and regulations in regard to its procedure and the conduct of its business.
Section is comprised of first par. of section 1 of act
2000—Pub. L. 106–481 inserted “and the vice chair” after “the chairman” and “Upon request of the chair of the Board, any member whose term has expired may continue to serve on the Trust Fund Board until the earlier of the date on which such member’s successor is appointed or the expiration of the 1-year period which begins on the date such member’s term expires.” after first sentence and substituted “Seven members of the board” for “Nine members of the board”.
1992—Pub. L. 102–246 struck out “and” after “Librarian of Congress,” inserted “, four persons appointed by the Speaker of the House of Representatives (in consultation with the minority leader of the House of Representatives) for a term of five years each (the first appointments being for two, three, four, and five years, respectively), and four persons appointed by the majority leader of the Senate (in consultation with the minority leader of the Senate) for a term of five years each (the first appointments being for two, three, four, and five years, respectively)” after “respectively)”, and substituted “Nine” for “Three”.
1978—Pub. L. 95–277 inserted “(or an Assistant Secretary designated in writing by the Secretary of the Treasury)”.
Pub. L. 106–481, title II, § 202,
Act
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.
Section is comprised of second par. of section 1 of act
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.
Section is comprised of first par. of section 2 of act
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.
Section is comprised of second par. of section 2 of act
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.
Section is comprised of third par. of section 2 of act
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
Section is comprised of fourth par. of section 2 of act
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.
1926—Act
Act
Act
Nothing in sections 154 to 162 and 163 1
Upon agreement by the Librarian of Congress and the Board, a gift or bequest accepted by the Librarian under the first paragraph of this section may be invested or reinvested in the same manner as provided for trust funds under section 157 of this title.
Section 163 of this title, referred to in text, was omitted from the Code.
2022—Pub. L. 117–103, in first paragraph, struck out “and” before “(3) gifts or bequests of money for immediate disbursement”, substituted “; and (4) gifts or bequests of securities or other personal property.” for period at end of first sentence, inserted “of money” after “Such gifts or bequests” in second sentence, inserted “In the case of a gift of securities, the Librarian shall sell the gift and provide the donor with such acknowledgment as needed for the donor to substantiate the gift.” after second sentence, and substituted “The Treasurer of the United States shall enter the gift, bequest, or proceeds” for “The Treasurer of the United States shall enter them” in penultimate sentence.
2018—Pub. L. 115–141, in first paragraph, struck out “of money for immediate disbursement” after “gifts or bequests”, substituted “, of the following: (1) nonpersonal services; (2) voluntary and uncompensated personal services not to exceed $10,000 per person, per year in value; and (3) gifts or bequests of money for immediate disbursement.” for period at end of first sentence, and inserted at end “The Librarian shall make an annual public report regarding gifts accepted under this section.”
1997—Pub. L. 105–55 added second par.
Pub. L. 117–103, div. I, title I, § 141(b),
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.
1942—Act
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.
“Section 209 of title 18” substituted in text for reference to the Act of
“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,
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,
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
1926—Act
Amendment by Pub. L. 88–448 effective on first day of first month which begins later than the ninetieth day following
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.
“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,
1949—Act
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,
Any individual who is employed by the Center on or after the date of enactment of this Act [
An individual who is employed by the Center shall be deemed an employee under section 8701(a) of title 5 for purposes of life insurance coverage under chapter 87 of such title.
Government contributions for individuals receiving benefits under this section, as computed under sections 8423, 8432, 8708, and 8906 2
Notwithstanding paragraph (1) of subsection (f), in the case of expenses described in such paragraph which are attributable to the compensation of the Executive Director and Deputy Executive Director of the Center, the Librarian of Congress may reimburse the Center for such expenses from amounts appropriated or otherwise made available for salaries and expenses of the Library of Congress.
The Librarian of Congress may prescribe regulations to carry out this section.
Section 205(g)(1) of the Legislative Branch Appropriations Act, 1991, referred to in subsec. (a)(1)(A), is section 205(g)(1) of Pub. L. 101–520, which is set out as a note under section 141 of this title.
2022—Subsec. (f)(1). Pub. L. 117–328, § 141(a)(1), substituted “except as provided in subsection (g), pay to the Library of Congress” for “pay to the Library of Congress”.
Subsecs. (g), (h). Pub. L. 117–328, § 141(a)(2), (3), added subsec. (g) and redesignated former subsec. (g) as (h).
Pub. L. 117–328, div. I, title I, § 141(b),
Pub. L. 116–159, div. A, § 159,
(3) [Amended section 19005(a) of Pub. L. 116–136, set out as a note under 1816b of this title.]
Pub. L. 116–136, div. B, title IX, § 19004,
[For definition of “coronavirus” as used in section 19004 of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out below.]
Pub. L. 116–136, div. B, title XIII, § 23005,
Section, act Mar. 3, 1925, ch. 423, § 7, 43 Stat. 1108, which required the Library of Congress Trust Fund Board to submit an annual report to Congress on moneys or securities received and held and operations, terminated, effective
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.
1929—Act
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.
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.
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”.
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.
The Director of the Congressional Research Service shall prepare and file with the Joint Committee on the Library at the beginning of each regular session of Congress a separate and special report covering, in summary and in detail, all phases of activity of the Congressional Research Service for the immediately preceding fiscal year, and shall include in the report a description of the efforts made by the Director to make additional Congressional Research Service products that are not confidential products or services available to the Librarian of Congress for publication on the website established and maintained under section 124 1 of the Legislative Branch Appropriations Act, 2018.
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.
Section 124 of the Legislative Branch Appropriations Act, 2018, referred to in subsecs. (d)(9) and (i), probably should be section 154 of the Legislative Branch Appropriations Act, 2018, Pub. L. 115–141, div. I, title I,
2019—Subsec. (c)(1). Pub. L. 116–94, § 1404(a)(2), substituted “The Director shall be compensated at the greater of the rate of pay in effect for level III of the Executive Schedule under section 5314 of title 5 or the maximum annual rate of basic pay payable under section 5376 of such title for positions at agencies with a performance appraisal system certified under section 5307(d) of such title.” for “The basic pay of the Director shall be at a per annum rate equal to the rate of basic pay provided for level III of the Executive Schedule under section 5314 of title 5.”
Subsec. (c)(2). Pub. L. 116–94, § 1404(b)(1)(A), substituted “section 5376 of title 5.” for “subchapter III (relating to General Schedule pay rates) of chapter 53 of title 5, but without regard to section 5108(a) of such title.” in introductory provisions.
Subsec. (c)(2)(B). Pub. L. 116–94, § 1404(b)(1)(B), substituted “may be classified above GS–15 in accordance with section 5108(c) of title 5, and the rate of basic pay for such positions may be fixed in accordance with section 5376 of such title, subject to the prior approval of the Joint Committee on the Library.” for “may be placed in GS–16, 17, and 18 of the General Schedule of section 5332 of title 5, without regard to section 5108(a) of such title, subject to the prior approval of the Joint Committee on the Library, of the placement of each such position in any of such grades.”
2018—Subsec. (d)(9). Pub. L. 115–141, § 154(d), added par. (9).
Subsec. (i). Pub. L. 115–141, § 154(b)(7), substituted “, and shall include in the report a description of the efforts made by the Director to make additional Congressional Research Service products that are not confidential products or services available to the Librarian of Congress for publication on the website established and maintained under section 124 of the Legislative Branch Appropriations Act, 2018.” for period at end.
1999—Subsec. (c)(1). Pub. L. 106–57 substituted second sentence for former second sentence which read as follows: “The basic pay of the Director shall be at a per annum rate equal to the rate of basic pay provided for level V of the Executive Schedule contained in section 5316 of title 5.”
1985—Subsec. (g). Pub. L. 99–190 amended subsec. (g) generally. Prior to amendment subsec. (g) read as follows: “In order to facilitate the study, consideration, evaluation, and determination by the Congress of the budget requirements of the Congressional Research Service for each fiscal year, the Librarian of Congress shall receive from the Director and submit, for inclusion in the Budget of the United States Government, the budget estimates of the Congressional Research Service which shall be prepared separately by the Director in detail for each fiscal year as a separate item of the budget estimates of the Library of Congress for such fiscal year.”
1970—Subsec. (a). Pub. L. 91–510 substituted provision for continuation of Legislative Reference Service, redesignated “Congressional Research Service”, for prior authorization for establishment of Legislative Reference Service and deleted second sentence, cls. (1) to (3), prescribing as duties of such Service for the Congress and its committees, the giving of advice and assistance, making data available, and preparing summaries and digests of public hearings before committees and of bills and resolutions of public nature, which was incorporated in subsec. (d)(1), (d)(4), and (d)(6), respectively, of this section.
Subsec. (b). Pub. L. 91–510 added subsec. (b). Former subsec. (b)(1) provided for appointment of director, assistant director, and other necessary personnel of Legislative Reference Service, without regard to civil-service laws, without reference to political affiliations, on ground of fitness to perform duties of the office, for compensation in accordance with Classification Act of 1949, with a prescribed minimum for senior specialists in the various fields, and made all employees of the Service subject to civil-service retirement laws, now incorporated in subsec. (c)(1), (2)(A), and (3) of this section and sections 8331(1)(viii) and 8347(j) of Title 5, Government Organization and Employees. Former subsec. (b)(2) provided for appointment of senior specialists in certain enumerated fields and was covered in subsec. (e) of this section.
Subsec. (c). Pub. L. 91–510 incorporated in provisions added as subsec. (c) provisions of former subsec. (b) (1), and in revising them, provided in par. (1) for consultation with Joint Committee on the Library before appointment of Director and for basic pay rate of Director equal to level V of Executive Schedule, provided in par. (2) for appointment, upon recommendation of the Director, of a Deputy Director and made references to classification and General Schedule pay rate provisions of revised Title 5, reenacted as subpar. (A) proviso of second sentence of former subsec. (b)(1), and added subpar. (B), and in par. (3) reenacted part of first sentence of former subsec. (b)(1).
Subsec. (d). Pub. L. 91–510 incorporated in provisions added as subsec. (d) second sentence, cls. (1) to (3), of former subsec. (a), and in revising the provision, added pars. (2), (3), (5), (7), and (8), substituted “Congressional Research Service” for “Legislative Reference Service”, reenacted introductory “without partisan bias” provision of former cl. (2), incorporated in par. (1) former cl. (1), substituting “proposals within that committee’s jurisdiction” for “proposals pending before it” and “otherwise to assist in furnishing a basis for the proper evaluation and determination of legislative proposals and recommendations generally” for “otherwise to assist in furnishing a basis for the proper determination of measures before the committee”, added subpars. (A) to (C), provision for assistance by providing other research and analytical services, authorization for production of books, records, etc., compliance with request for such production, and maintenance of liaison with all committees, incorporated in par. (4) former cl. (2), substituting “collect” for “gather” and including analysis in form of studies and reports, and making data available to joint committees, and incorporated in par. (6) former cl. (3), omitting provision respecting summaries and digests of public hearings before committees of Congress.
Subsec. (e). Pub. L. 91–510 incorporated in provisions added as subsec. (e) provisions of former subsec. (b)(2), and in revising them, in introductory text, substituted “Congressional Research Service” for “Legislative Reference Service” and authorized appointments “upon the recommendation of the Director”, including Specialists; provided numerical item designations for broad fields listed in prior paragraph in run-on form, added fields of national defense, science, technology, urban affairs, and other broad fields as deemed appropriate by the Director in items (14), (16), (19), (21), and (23), and combined separate fields of “full employment” and “labor” in “labor and employment” in item (11); and in last sentence, included Senior Specialists and substituted “such other employees of the Congressional Research Service” for “such other members of the staff” and “special work with the committees and Members of the Senate and House of Representatives and the joint committees of Congress for any of the purposes of subsection (d) of this section” for “special work with the appropriate committees of Congress for any of the purposes set out in subsection (a)(1) of this section”.
Subsecs. (f) to (i). Pub. L. 91–510 added subsecs. (f) to (i).
Subsec. (j). Pub. L. 91–510 incorporated in provisions added as subsec. (j) appropriations authorization of section 203(c) of Act
1949—Subsec. (b)(1). Act
Amendment by Pub. L. 115–141 effective 90 days after the date on which the Librarian of Congress submits the certification described in section 166a(f)(2)(B) of this title, with delay permitted for technical difficulties, see section 166a(f) of this title.
Amendment by Pub. L. 106–57 applicable with respect to the first pay period which begins on or after
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
Section effective
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,
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
Pub. L. 105–275, title I,
Pub. L. 105–55, title I,
Pub. L. 104–197, title I,
Pub. L. 104–53, title I,
Pub. L. 103–283, title I,
Pub. L. 103–69, title I,
Pub. L. 102–392, title I,
Pub. L. 102–90, title I,
Pub. L. 101–520, title I,
Pub. L. 101–163, title I,
Pub. L. 100–458, title I,
Pub. L. 100–202, § 101(i) [title I],
Pub. L. 99–500, § 101(j) [H.R. 5203, title I],
Pub. L. 99–151, title I,
Pub. L. 98–367, title I,
In this section, the term “CRS product” means any final written work product of CRS containing research or analysis in any format that is available for general congressional access on the CRS Congressional Intranet.
The Librarian of Congress, in consultation with the CRS Director, shall establish and maintain a public website containing CRS Reports and an index of all CRS Reports contained on the website, in accordance with this subsection.
On the Website, CRS Reports shall be searchable, sortable, and downloadable, including downloadable in bulk.
Notwithstanding any other provision of law, the Librarian of Congress may not charge a fee for access to the Website.
The Librarian of Congress may publish other information on the Website.
The Librarian of Congress and the CRS Director may use additional techniques to make CRS Reports available to the public, if such techniques are consistent with this section and any other applicable laws.
The CRS Director is encouraged to make additional CRS products that are not confidential products or services available to the Librarian of Congress for publication on the Website, and the Librarian of Congress is encouraged to publish such CRS products on the Website.
Nothing in this section may be construed to diminish, qualify, condition, waive, or otherwise affect the applicability of clause 1 of section 6 of article I of the Constitution of the United States (commonly known as the “Speech or Debate Clause”) or any other privilege available to Congress or Members, offices, or employees of Congress with respect to any CRS Report made available online under this section.
Nothing in this section may be construed to waive the requirement that any confidential communication by CRS to a Member, office, or committee of Congress shall remain under the custody and control of Congress and may be released only by Congress and its Houses, Members, offices, and committees, in accordance with the rules and privileges of each House and the requirements of this section.
Nothing in this section may be construed to limit or otherwise affect the ability of a Member, office, or committee of Congress to disseminate CRS products on a website of the Member, office, or committee or to otherwise provide CRS products to the public, including as part of constituent service activities.
Except as provided in paragraph (2)(C), this section and the amendments made by this section shall take effect 90 days after the date on which the Librarian of Congress submits the certification described in paragraph (2)(B).
Not later than 90 days after
Upon provision of the information described in subparagraph (A), the Librarian of Congress shall submit to Congress a certification that the CRS Director has provided the information necessary for the Librarian of Congress to begin the initial operation of the Website.
In the event of technical difficulties encountered in planning or implementing the requirements of this section and the amendments made by this section, upon providing a detailed report submitted by the Librarian of Congress or the CRS Director to the Committees on Appropriations of the House and the Senate detailing the nature of the technical difficulties and the timeline for resolving such technical difficulties, the effective date established by subsection (f)(1) shall be extended for up to 90 additional days.
The effective date of this Act and such effective date, referred to in subsec. (a)(2)(B)(ii), are the date of enactment of div. I of Pub. L. 115–141, which was approved
2 U.S.C. 136–1, referred to in subsec. (a)(3)(D), was so in the original, but probably should have been a reference to section 2 of the Librarian of Congress Succession Modernization Act of 2015, Pub. L. 114–86, which is classified to section 136–1 of this title.
For the amendments made by this section, referred to in subsec. (f)(1), (2)(C), see Codification note below.
Section is comprised of section 154 of Pub. L. 115–141. Subsecs. (b)(7) and (d) of section 154 of Pub. L. 115–141 amended section 166 of this title.
Section 167, act Aug. 4, 1950, ch. 561, § 1, 64 Stat. 411; Pub. L. 90–610, § 1,
Section 167a, act Aug. 4, 1950, ch. 561, § 2, 64 Stat. 411, related to public use of Library of Congress grounds.
Section 167b, act Aug. 4, 1950, ch. 561, § 3, 64 Stat. 411, related to sales, advertisements, and solicitations in Library buildings and grounds.
Section 167c, act Aug. 4, 1950, ch. 561, § 4, 64 Stat. 411, related to injuries to Library property.
Section 167d, act Aug. 4, 1950, ch. 561, § 5, 64 Stat. 411, related to the discharge of firearms or fireworks, making haranguing or threatening speeches, and the use of objectionable language in Library buildings and grounds.
Section 167e, act Aug. 4, 1950, ch. 561, § 6, 64 Stat. 411, related to parades, assemblages or display of flags in Library buildings and grounds.
Section 167f, act Aug. 4, 1950, ch. 561, § 7, 64 Stat. 411, related to regulations for Library buildings and grounds and their publication and effective date.
Section 167g, act Aug. 4, 1950, ch. 561, § 8, 64 Stat. 412; Pub. L. 88–60, § 1,
Section 167h, act Aug. 4, 1950, ch. 561, § 9, 64 Stat. 412; Pub. L. 93–198, title VII, § 739(g)(9),
Pub. L. 110–161, div. H, title I, § 1004(d)(1)(B), (2)(B), and Pub. L. 110–178, § 4(a)(2), (b)(2), identically repealed sections 167 to 167h of this title. Pub. L. 110–161, § 1004, was repealed by Pub. L. 111–145.
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as an Effective Date of 2010 Amendment note under section 1901 of this title.
Pub. L. 110–178, § 4(d),
Pub. L. 110–161, div. H, title I, § 1004(d)(1)(B),
Pub. L. 110–161, div. H, title I, § 1004(d)(4),
In order to permit the observance of authorized ceremonies within the Library of Congress buildings and grounds, the Librarian of Congress may suspend for such occasions so much of the prohibitions contained in sections 5103 and 5104 of title 40 as may be necessary for the occasion, but only if responsible officers shall have been appointed, and arrangements determined which are adequate, in the judgment of the Librarian, for the maintenance of suitable order and decorum in the proceedings, and for the protection of the Library buildings and grounds and of persons and property therein.
2010—Pub. L. 111–145 repealed Pub. L. 110–161, § 1004(d)(2)(C). See 2007 Amendment note below.
2008—Pub. L. 110–178 substituted “5103 and 5104 of title 40” for “167a to 167e of this title”.
2007—Pub. L. 110–161, § 1004(d)(2)(C), which made amendment identical to that of Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.
Amendment by Pub. L. 110–178 effective
2010—Pub. L. 111–145 repealed Pub. L. 110–161, § 1004(d)(2)(D). See 2007 Amendment notes below.
2008—Subsec. (a). Pub. L. 110–178, § 4(b)(4)(A), substituted “The” for “For the purposes of sections 167 to 167j of this title the”.
Subsecs. (b) to (d). Pub. L. 110–178, § 4(b)(4)(B)–(D), substituted “The” for “For the purposes of sections 167 to 167j of this title, the”.
2007—Subsec. (a). Pub. L. 110–161, § 1004(d)(2)(D)(i), which made amendment identical to that made by Pub. L. 110–178, § 4(b)(4)(A), was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
Subsecs. (b) to (d). Pub. L. 110–161, § 1004(d)(2)(D)(ii)–(iv), which directed substitution of “The” for “For the purposes of sections 167 to 167j of this title the”, but could not be executed because “For the purposes of sections 167 to 167j of this title the” did not appear in text, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
2003—Subsec. (d)(1). Pub. L. 108–83 added par. (1) and struck out former par. (1) which read as follows: “Three parcels totaling approximately 41 acres, more or less, located in Culpeper County, Virginia, and identified as Culpeper County Tax Parcel Numbers 51–80B, 51–80C, and 51–80D, further described as real estate (consisting of 15.949 acres) conveyed to Federal Reserve Bank of Richmond by deed from Russell H. Inskeep and Jean H. Inskeep, his wife, dated
1997—Subsec. (d). Pub. L. 105–144 added subsec. (d).
1990—Subsec. (c). Pub. L. 101–520 and Pub. L. 101–562 made substantially identical amendments, adding subsec. (c). The text of subsec. (c) is based on amendment by Pub. L. 101–562.
1970—Pub. L. 91–281 designated existing provisions as subsec. (a) and added subsec. (b).
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.
Amendment by Pub. L. 110–178 effective
Amendment by Pub. L. 105–144 effective upon acquisition by Architect of the Capitol of property described in section 1 of Pub. L. 105–144, see section 5 of Pub. L. 105–144, set out as an Acquisition of Real Property for Library of Congress note under section 141 of this title.
Amendment by Pub. L. 101–520 and Pub. L. 101–562 effective on date [
All hardbound revised editions and all cumulative pocket-part supplements shall be printed as Senate documents.
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.
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.
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.
From and after
Provisions similar to those in this section were contained in the following prior appropriation acts:
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.
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.
This section may be cited as the “American Television and Radio Archives Act”.
Section effective
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.
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.
Notwithstanding any other provision of law, the Librarian of Congress shall equip, furnish, operate, and maintain the Library of Congress Mass Book Deacidification Facility.
Pub. L. 98–427, § 1,
Pub. L. 98–427, § 3,
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.
Section 178, Pub. L. 100–446, title I, § 1,
Section 178a, Pub. L. 100–446, title I, § 2,
Section 178b, Pub. L. 100–446, title I, § 3,
Section 178c, Pub. L. 100–446, title I, § 4,
Section 178d, Pub. L. 100–446, title I, § 5,
Section 178e, Pub. L. 100–446, title I, § 6,
Section 178f, Pub. L. 100–446, title I, § 7,
Section 178g, Pub. L. 100–446, title I, § 8,
Section 178h, Pub. L. 100–446, title I, § 9,
Section 178i, Pub. L. 100–446, title I, § 10,
Section 178j, Pub. L. 100–446, title I, § 11,
Section 178k, Pub. L. 100–446, title I, § 12,
Section 178l, Pub. L. 100–446, title I, § 13,
For similar provisions, see section 179l et seq. of this title.
Pub. L. 100–446, title I, § 1,
Section 179, Pub. L. 102–307, title II, § 202,
Section 179a, Pub. L. 102–307, title II, § 203,
Section 179b, Pub. L. 102–307, title II, § 204,
Section 179c, Pub. L. 102–307, title II, § 205,
Section 179d, Pub. L. 102–307, title II, § 206,
Section 179e, Pub. L. 102–307, title II, § 207,
Section 179f, Pub. L. 102–307, title II, § 208,
Section 179g, Pub. L. 102–307, title II, § 209,
Section 179h, Pub. L. 102–307, title II, § 210,
Section 179i, Pub. L. 102–307, title II, § 211,
Section 179j, Pub. L. 102–307, title II, § 212,
Section 179k, Pub. L. 102–307, title II, § 213,
For similar provisions, see section 179l et seq. of this title.
Pub. L. 102–307, title II, § 201,
The Librarian of Congress (hereafter in sections 179l to 179w of this title referred to as the “Librarian”) shall continue the National Film Registry established and maintained under the National Film Preservation Act of 1988 (Public Law 100–446), and the National Film Preservation Act of 1992 (Public Law 102–307) pursuant to the provisions of sections 179l to 179w of this title, for the purpose of maintaining and preserving films that are culturally, historically, or aesthetically significant.
Sections 179l to 179w of the title, referred to in text, was in the original “this Act” the first place appearing and “this title” the second place appearing, both of which were translated as meaning title I of Pub. L. 104–285,
The National Film Preservation Act of 1988, referred to in text, is Pub. L. 100–446, title I, §§ 1–13,
The National Film Preservation Act of 1992, referred to in text, is title II of Pub. L. 102–307,
Prior provisions similar to sections 179l to 179w of this title were contained in former section 179 et seq. of this title.
Pub. L. 114–217, § 1,
Pub. L. 110–336, § 1,
Pub. L. 109–9, title III, § 301,
Pub. L. 104–285, title I, § 101,
The Librarian shall publish in the Federal Register the name of each film that is selected for inclusion in the National Film Registry.
The Librarian shall provide a seal to indicate that a film has been included in the National Film Registry and is the Registry version of that film. The Librarian shall establish guidelines for approval of the use of the seal in accordance with subsection (b).
The seal provided under subsection (a)(3) may only be used on film or other approved copies of the Registry version of a film. Such seal may be used only after the Librarian has given approval to those persons seeking to apply the seal in accordance with the guidelines under subsection (a)(3). In the case of copyrighted, mass distributed, broadcast, or published works, only the copyright owner or an authorized licensee of the copyright owner may place or authorize the placement of the seal on any film or other approved copy of a Registry version of a film selected for inclusion in the National Film Registry, and the Librarian may place the seal on any film or other approved copy of the Registry version of any film that is maintained in the National Film Registry Collection in the Library of Congress. Anyone authorized to place the seal on any film or other approved copy of any Registry version of a film may accompany such seal with the following language: “This film was selected for inclusion in the National Film Registry by the National Film Preservation Board of the Library of Congress because of its cultural, historical, or aesthetic significance.”. The Librarian may authorize the use of the seal by the Library or by others for other limited purposes in order to promote in the National Film Registry when exhibiting, showing, or otherwise disseminating films in the Registry.
The National Film Preservation Act of 1992, referred to in subsecs. (a)(1)(A) and (c), is title II of Pub. L. 102–307,
2008—Subsec. (b). Pub. L. 110–336 inserted at end “The Librarian may authorize the use of the seal by the Library or by others for other limited purposes in order to promote in the National Film Registry when exhibiting, showing, or otherwise disseminating films in the Registry.”
2005—Subsec. (b). Pub. L. 109–9, § 302(a)(1), substituted “film or other approved copies” for “film copies” and “copyrighted, mass distributed, broadcast, or published” for “copyrighted” and substituted “film or other approved copy” for “film copy” wherever appearing.
Subsec. (c). Pub. L. 109–9, § 302(a)(2), added subsec. (c).
In addition to the members appointed under paragraph (1), the Librarian shall appoint up to 5 members-at-large. The Librarian shall also select an alternate for each member 2
The Librarian shall appoint one member of the Board to serve as Chair.
The term of each member of the Board shall be 4 years, except that there shall be no limit to the number of terms that any individual member may serve.
The Librarian shall have the authority to remove any member of the Board, or the organization listed in subsection (a) such member represents, if the member, or organization, over any consecutive 2-year period, fails to attend at least one regularly scheduled Board meeting.
A vacancy in the Board shall be filled in the manner in which the original appointment was made under subsection (a), except that the Librarian may fill the vacancy from a list of candidates previously submitted by the organization or organizations involved. Any member appointed to fill a vacancy before the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term.
12 members of the Board shall constitute a quorum but a lesser number may hold hearings.
Members of the Board shall serve without pay, but may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5.
The Board shall meet at least once each fiscal year. Meetings shall be at the call of the Librarian.
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.
2008—Subsec. (a)(1)(E). Pub. L. 110–336, § 3(a)(3)(A), substituted “Cinema and Media” for “Cinema”.
Subsec. (a)(1)(G). Pub. L. 110–336, § 3(a)(3)(B), substituted “Department of Film, Television, and Digital Media” for “Department of Film and Television”.
Subsec. (a)(1)(H). Pub. L. 110–336, § 3(a)(3)(C), substituted “Cinema Studies” for “Film and Television”.
Subsec. (a)(1)(L). Pub. L. 110–336, § 3(a)(3)(D), amended subpar. (L) generally. Prior to amendment, subpar. (L) read as follows: “The Screen Actors Guild of America.”
2005—Subsec. (a)(1). Pub. L. 109–9, § 302(b)(1), substituted “22” for “20” in introductory provisions.
Subsec. (a)(2). Pub. L. 109–9, § 302(b)(2), substituted “5” for “three”.
Subsec. (d). Pub. L. 109–9, § 302(b)(3), substituted “12” for “11”.
Subsec. (e). Pub. L. 109–9, § 302(b)(4), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Board.”
The Board shall review nominations of films submitted to it for inclusion in the National Film Registry and consult with the Librarian, as provided in section 179m of this title, with respect to the inclusion of such films in the Registry and the preservation of these and other films that are culturally, historically, or aesthetically significant.
The Board shall consider, for inclusion in the National Film Registry, nominations submitted by the general public as well as representatives of the film industry, such as the guilds and societies representing actors, directors, screenwriters, cinematographers, and other creative artists, producers, and film critics, archives and other film preservation organizations, and representatives of academic institutions with film study programs. The Board shall nominate not more than 25 films each year for inclusion in the Registry.
The Board may, for the purpose of carrying out its duties, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Librarian and the Board consider appropriate.
Two sitting members of the Board shall be appointed by the Librarian, and shall serve, as Board members of the National Film Preservation Foundation, in accordance with section 151703 of title 36.
“Section 151703 of title 36” substituted in subsec. (c)(2) for “section 203”, meaning section 203 of the National Film Preservation Act of 1996, on authority of Pub. L. 105–225, § 5(b),
The Librarian shall endeavor to obtain, by gift from the owner, an archival quality copy of the Registry version of each film included in the National Film Registry. Whenever possible, the Librarian shall endeavor to obtain the best surviving materials, including preprint materials. Copyright owners and others possessing copies of such materials are strongly encouraged, to further the preservation purposes of this Act, to provide preprint and other archival elements to the Library of Congress.
The Librarian shall endeavor to obtain, for educational and research purposes, additional materials related to each film included in the National Film Registry, such as background materials, production reports, shooting scripts (including continuity scripts) and other similar materials.
All copies of films on the National Film Registry that are received as gifts or bequests by the Librarian and other materials received by the Librarian under subsection (b), shall become the property of the United States Government, subject to the provisions of title 17.
All copies of films on the National Film Registry that are received by the Librarian under subsection (a) of this section, and other materials received by the Librarian under subsection (b), shall be maintained in the Library of Congress and be known as the “National Film Registry Collection of the Library of Congress”. The Librarian shall, by regulation, and in accordance with title 17, provide for reasonable access to the films and other materials in such collection for scholarly and research purposes.
This Act, referred to in subsec. (a), is Pub. L. 104–285,
2005—Subsec. (e). Pub. L. 109–9 added subsec. (e).
No person shall knowingly use the seal described in section 179m(a)(3) of this title to promote any version of a film in any format other than a Registry version.
The use of the seal described in section 179m(a)(3) of this title shall be effective for each film after the Librarian publishes in the Federal Register, in accordance with section 179m(a)(2) of this title, the name of that film as selected for inclusion in the National Film Registry.
2005—Subsec. (a)(1). Pub. L. 109–9, § 302(d)(1), inserted “in any format” after “or any copy” in introductory provisions.
Subsec. (a)(2). Pub. L. 109–9, § 302(d)(2), substituted “in any format” for “or film copy”.
The several district courts of the United States shall have jurisdiction, for cause shown, to prevent and restrain violations of section 179q(a) of this title.
Except as provided in paragraph (2), relief for violation of section 179q(a) of this title shall be limited to the removal of the seal of the National Film Registry from the film involved in the violation.
In the case of a pattern or practice of the willful violation of section 179q(a) of this title, the United States district courts may order a civil fine of not more than $10,000 and appropriate injunctive relief.
The remedies provided in section 179r of this title shall be the exclusive remedies under sections 179l to 179w of this title, or any other Federal or State law, regarding the use of the seal described in section 179m(a)(3) of this title.
The Librarian may appoint and fix the pay of such personnel as the Librarian considers appropriate to carry out sections 179l to 179w of this title.
The Librarian may, in carrying out sections 179l to 179w of this title, procure temporary and intermittent services under section 3109(b) of title 5, but at rates for individuals not to exceed the daily equivalent of the maximum rate of basic pay payable for GS–15 of the General Schedule. In no case may a member of the Board or an alternate be paid as an expert or consultant under this section.
The General Schedule, referred to in subsec. (b), is set out under section 5332 of Title 5, Government Organization and Employees.
There are authorized to be appropriated to the Librarian for the first fiscal year beginning on or after
2016—Pub. L. 114–217 substituted “through fiscal year 2026” for “through fiscal year 2016”.
2008—Pub. L. 110–336 inserted “for the first fiscal year beginning on or after
Pub. L. 110–336, § 3(a)(1)(C),
The provisions of sections 179l to 179w of this title shall apply to any copy of any film, including those copies of films selected for inclusion in the National Film Registry under the National Film Preservation Act of 1988 and the National Film Preservation Act of 1992, except that any film so selected under either Act shall be deemed to have been selected for the National Film Registry under sections 179l to 179w of this title.
The National Film Preservation Act of 1988, referred to in text, is Pub. L. 100–446, title I, §§ 1–13,
The National Film Preservation Act of 1992, referred to in text, is title II of Pub. L. 102–307,
2008—Pub. L. 110–336 struck out the first sentence which read as follows: “The provisions of sections 179l to 179w of this title shall be effective for 13 years beginning on
2005—Pub. L. 109–9 substituted “13 years” for “7 years”.
Amendment by Pub. L. 110–336 effective as if included in the enactment of the National Film Preservation Act of 1996, Pub. L. 104–285, title I, see section 3(a)(1)(C) of Pub. L. 110–336, set out as a note under section 179v of this title.
Pub. L. 108–447, div. G, title I, § 1205(a),
The purpose of this section is to reduce the cost of information support for the Congress by eliminating duplication among systems which provide electronic access by Congress to legislative information.
As used in this section, the term “legislative information” means information, prepared within the legislative branch, consisting of the text of publicly available bills, amendments, committee hearings, and committee reports, the text of the Congressional Record, data relating to bill status, data relating to legislative activity, and other similar public information that is directly related to the legislative process.
Pursuant to the plan approved under subsection (d) and consistent with the provisions of any other law, the Library of Congress or the entity designated by that plan shall develop and maintain, in coordination with other appropriate entities of the legislative branch, a single legislative information retrieval system to serve the entire Congress.
The Library shall develop a plan for creation of this system, taking into consideration the findings and recommendations of the study directed by House Report No. 103–517 to identify and eliminate redundancies in congressional information systems. This plan must be approved by the Committee on Rules and Administration of the Senate, the Committee on House Oversight of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives. The Library shall provide these committees with regular status reports on the development of the plan.
In formulating its plan, the Library shall examine issues regarding efficient ways to make this information available to the public. This analysis shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives as well as the Committee on Rules and Administration of the Senate, and the Committee on House Oversight of the House of Representatives for their consideration and possible action.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
2004—Subsec. (b)(1). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
“Government Publishing Office” substituted for “Government Printing Office” in subsec. (b)(1) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Effective
The revolving fund shall be credited with all advances and amounts received as payment for purchases under the program and services and supplies furnished to program participants, at rates estimated by the Librarian to be adequate to recover the full direct and indirect costs of the program to the Library over a reasonable period of time.
Any unobligated and unexpended balances in the revolving fund that the Librarian determines to be in excess of amounts needed for activities financed by the revolving fund, shall be deposited in the Treasury of the United States as miscellaneous receipts. Amounts needed for activities financed by the revolving fund means the direct and indirect costs of the program, including the costs of purchasing, shipping, binding of books and other library materials; supplies, materials, equipment and services needed in support of the program; salaries and benefits; general overhead; and travel.
The revolving fund shall be subject to audit by the Comptroller General at the Comptroller General’s discretion.
2007—Subsec. (e). Pub. L. 110–161 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “Not later than March 31 of each year, the Librarian of Congress shall prepare and submit to Congress an audited financial statement for the revolving fund for the preceding fiscal year. The audit shall be conducted in accordance with Government Auditing Standards for financial audits issued by the Comptroller General of the United States.”
There is hereby established in the Treasury a revolving fund for duplication and delivery services provided by the Librarian of Congress (hereafter in sections 182a to 182d of this title referred to as the “Librarian”) which are associated with the national audiovisual conservation center established under the Act entitled “An Act to authorize acquisition of certain real property for the Library of Congress, and for other purposes”, approved
The Librarian may charge a fee for providing services described in subsection (a), and shall deposit any such fees charged into the revolving fund under this section.
Amounts in the revolving fund under this section shall be available to the Librarian, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out the services described in subsection (a).
Sections 182a to 182d of this title, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 106–481,
2001—Pub. L. 107–68 struck out “audio and video” before “duplication” in section catchline and in subsec. (a).
Pub. L. 106–481, title I, § 105,
Pub. L. 106–481, § 1,
A separate account shall be maintained in the revolving fund under this section with respect to the programs and activities described in each of the paragraphs of subsection (a).
The Librarian may charge a fee for services under any of the programs and activities described in subsection (a), and shall deposit any such fees charged into the account of the revolving fund under this section for such program or activity.
Except as provided in paragraph (2), amounts in the accounts of the revolving fund under this section shall be available to the Librarian, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out the programs and activities covered by such accounts.
In the case of any amount in the revolving fund consisting of a payment received for services of the United States Capitol Police in connection with a special event or program described in subsection (a)(4), the Librarian shall transfer such amount upon receipt to the Capitol Police for deposit into the applicable appropriations accounts of the Capitol Police.
2018—Pub. L. 115–141, § 151(1)(A), substituted “Revolving fund for sales shop and other services” for “Revolving fund for gift shop, decimal classification, photo duplication, and related services” in section catchline.
Subsec. (a)(5). Pub. L. 115–141, § 151(1)(B), added par. (5).
2010—Subsec. (e). Pub. L. 111–145 repealed Pub. L. 110–161, § 1004(f)(1). See 2007 Amendment note below.
2008—Subsec. (e). Pub. L. 110–178 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Amounts in the accounts of the revolving fund under this section shall be available to the Librarian, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out the programs and activities covered by such accounts.”
2007—Subsec. (e). Pub. L. 110–161, § 1004(f)(1), which made an amendment identical to that made by Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
2001—Subsec. (a)(4). Pub. L. 107–68 added par. (4).
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.
Pub. L. 110–178, § 6(c),
Pub. L. 110–161, div. H, title I, § 1004(f)(3),
Pub. L. 107–68, title II, § 208(b),
Section applicable with respect to fiscal year 2002 and each succeeding fiscal year, see section 105 of Pub. L. 106–481, set out as a note under section 182a of this title.
There is hereby established in the Treasury a revolving fund for the Federal Library and Information Network program (hereafter in sections 182a to 182d of this title referred to as the “FEDLINK program”) of the Library of Congress (as described in subsection (f)(1)) and the Federal Research program of the Library of Congress (as described in subsection (f)(2)).
A separate account shall be maintained in the revolving fund under this section with respect to the programs described in subsection (a).
The Librarian may charge a fee for services under the FEDLINK program and the Federal Research program, and shall deposit any such fees charged into the account of the revolving fund under this section for such program.
Amounts in the accounts of the revolving fund under this section shall be available to the Librarian, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out the program covered by each such account.
In this section, the “Federal Research program” is the program of the Library of Congress under which the Librarian provides research reports, translations, and analytical studies for entities of the Federal Government and the District of Columbia (other than any program of the Congressional Research Service).
Sections 182a to 182d of this title, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 106–481,
2018—Subsec. (f)(1). Pub. L. 115–141 inserted “tribal governments (as defined in 40 U.S.C. 502(c)(2)(B))” after “the Federal Government,” in introductory provisions.
Section applicable with respect to fiscal year 2002 and each succeeding fiscal year, see section 105 of Pub. L. 106–481, set out as a note under section 182a of this title.
Each of the revolving funds established under sections 182a to 182d of this title shall be subject to audit by the Comptroller General at the Comptroller General’s discretion.
Section applicable with respect to fiscal year 2002 and each succeeding fiscal year, see section 105 of Pub. L. 106–481, set out as a note under section 182a of this title.
There is hereby established in the Treasury of the United States, as an account for the Librarian of Congress, the “Library of Congress National Collection Stewardship Fund” (hereafter in this section referred to as the “Fund”).
Any amounts in the Fund shall remain available until expended.
Not later than 180 days after the end of each fiscal year, the Librarian shall submit a joint report on the Fund to the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and Senate.
Not later than 6 months after
Prior to any transfer into the Fund, the Librarian shall notify the Joint Committee on the Library and the Committees on Appropriations of the House and the Senate of the amount and origin of funds to be transferred.
This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year.
Subject to available funding and in accordance with the requirements of this section and section 183a of this title, the Librarian of Congress shall prepare, print, distribute, and arrange for the funding of, a new and complete written history of the House of Representatives, in consultation with the Committee on House Administration. In preparing this written history, the Librarian of Congress shall consult, commission, or engage the services or participation of, eminent historians, Members, and former Members of the House of Representatives.
The Librarian of Congress shall arrange for the printing of the history.
Any arrangement under paragraph (2) shall include terms for dissemination of excerpts of the history over the Internet via facilities maintained by the United States Government.
To the extent that the history is printed by the Director of the Government Publishing Office, copies of the history provided to the Congress under subsection (d) shall be charged to the Government Publishing Office’s congressional allotment for printing and binding.
The Librarian of Congress shall make the history available for sale to the public, and shall make available, free of charge, 5 copies to each Member of the House of Representatives and 250 copies to the Senate.
The Librarian of Congress shall solicit and accept funding for the preparation, publication, marketing, and public distribution of the history from private individuals, organizations, or entities.
This section and section 183a of this title, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 106–99, which enacted this section and section 183a of this title and provisions set out as a note under this section. For complete classification of this Act to the Code, see Short Title note set out under this section and Tables.
2003—Subsec. (c)(3). Pub. L. 108–7 inserted “excerpts of” after “dissemination of”.
“Director of the Government Publishing Office” substituted for “Public Printer” in subsec. (c)(2)(A), (4) on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.
“Government Publishing Office’s” substituted for “Government Printing Office’s” in subsec. (c)(4) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Pub. L. 106–99, § 1,
The Librarian of Congress shall accept for deposit, preserve, maintain, and make accessible an oral history of the House of Representatives, as told by its Members and former Members, compiled and updated (on a voluntary or contract basis) by the United States Association of Former Members of Congress or other private organization. In carrying out this section, the Librarian of Congress may enlist the voluntary aid or assistance of such organization, or may contract with it for such services as may be necessary.
This section may be cited as the “Library of Congress Digital Collections and Educational Curricula Act of 2005”.
The Librarian of Congress shall administer a program to teach educators and librarians how to incorporate the digital collections of the Library of Congress into educational curricula.
There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2006 and each fiscal year thereafter.
Section is from the Legislative Branch Appropriations Act, 2006.
This section may be cited as the “Library of Congress Inspector General Act of 2005”.
There shall be at the head of the Office of Inspector General, an Inspector General who shall be appointed by the Librarian of Congress without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. The Inspector General shall report to, and be under the general supervision of, the Librarian of Congress.
The Inspector General may be removed from office, or transferred to another position within, or another location of, the Library of Congress, by the Librarian of Congress.
Nothing in this paragraph shall prohibit a personnel action (except for removal or transfer) that is otherwise authorized by law.
The Librarian of Congress shall establish the amount of the annual adjustment in the rate of basic pay for the Inspector General in an amount equal to the average of the annual adjustments in the rate of basic pay provided to all other employees in positions classified as above GS–15 of the Library of Congress, in a manner consistent with section 5376 of title 5.
The Inspector General may not receive any cash award or cash bonus, including a cash award under chapter 45 of title 5.
The Inspector General shall, in accordance with applicable laws and regulations governing selections, appointments, and employment at the Library of Congress, obtain legal advice from a counsel reporting directly to the Inspector General or another Inspector General.
The Inspector General, in carrying out the provisions of this section, is authorized, without the supervision or approval of any other employee, office, or other entity within the Library of Congress, to select, appoint, and employ such officers and employees (including consultants) as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General subject to the provisions of law governing selections, appointments, and employment in the Library of Congress.
Appointments under the authority under subparagraph (A) shall be made consistent with personnel security and suitability requirements.
Any appointment of a consultant under the authority under subparagraph (A) shall be made consistent with section 6(a)(8) of the Inspector General Act of 1978 (5 U.S.C. App.).1
After providing notice to the appropriate committees of Congress, the Inspector General may add requirements to the certification required under subclause (I), as determined appropriate by the Inspector General.
The Inspector General shall maintain firearms-related requirements (including quarterly firearms qualifications) and use of force training requirements that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in accordance with the Council of the Inspectors General on Integrity and Efficiency use of force policies, which incorporate Department of Justice guidelines.
The Inspector General may reauthorize an individual to exercise the authority granted under subparagraph (A) if the Inspector General determines the individual has achieved compliance with the requirements under this paragraph.
A revocation of the authority granted under subparagraph (A) shall not be subject to administrative, judicial, or other review, unless the revocation results in an adverse action. Such an adverse action may, at the election of the applicable individual, be reviewed in accordance with the otherwise applicable procedures.
Before the first grant of authority under subparagraph (A), and semiannually thereafter as part of the report under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.),1 the Inspector General shall submit to the appropriate committees of Congress a written certification that adequate internal safeguards and management procedures exist that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in compliance with standards established by the Council of the Inspectors General on Integrity and Efficiency, which incorporate Department of Justice guidelines, to ensure proper exercise of the powers authorized under this paragraph.
The authority granted under this paragraph (including any grant of authority to an individual under subparagraph (A), without regard to whether the individual is in compliance with subparagraph (B)) may be suspended by the Inspector General if the Office of Inspector General fails to comply with the reporting and review requirements under clause (i) of this subparagraph or subparagraph (D). Any suspension of authority under this clause shall be reported to the appropriate committees of Congress.
To ensure the proper exercise of the law enforcement powers authorized under this paragraph, the Office of Inspector General shall submit to and participate in the external review process established by the Council of the Inspectors General on Integrity and Efficiency for ensuring that adequate internal safeguards and management procedures continue to exist. Under the review process, the exercise of the law enforcement powers by the Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be communicated in writing to the Inspector General, the Council of the Inspectors General on Integrity and Efficiency, and the appropriate committees of Congress.
Any allegation of misconduct by an individual granted authority under subparagraph (A) may be reviewed by the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency.
The Librarian of Congress shall include the annual budget request of the Inspector General in the budget of the Library of Congress without change.
All functions, personnel, and budget resources of the Office of Investigations of the Library of Congress are transferred to the Office of Inspector General.
The individual who serves in the position of Inspector General of the Library of Congress on
References in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Inspector General of the Library of Congress shall be deemed to refer to the Inspector General of the Library of Congress as set forth under this section.
This section shall be effective on
Section 406(a) (other than paragraphs (7) and (8) thereof) of title 5, referred to in subsec. (d)(1), probably should be a reference to section “406 (other than subsection (a)(7))” of title 5. Pub. L. 116–94, § 1602(a)(2), had amended subsec. (d)(1) by substituting a reference to section “6 (other than subsection (a)(7))” of the Inspector General Act of 1978 for a reference to section “6(a) (other than paragraphs (7) and (8) thereof)” of that Act. The reference was subsequently amended by Pub. L. 117–286 to reflect the repeal of section 6 of the Act and its restatement as section 406 of title 5, but that amendment was based on the text as it existed prior to the amendment by Pub. L. 116–94. See 2019 and 2022 Amendment notes below.
Sections 5 and 6(a)(8) of the Inspector General Act of 1978, referred to in subsec. (d)(2)(C), (3)(C)(i), are sections 5 and 6(a)(8) of Pub. L. 95–452, which were set out in the Appendix to Title 5, Government Organization and Employees, and were repealed and restated as sections 405 and 406(a)(8), respectively, of Title 5 by Pub. L. 117–286, §§ 3(b), 7,
Section is from the Legislative Branch Appropriations Act, 2006.
2022—Subsec. (d)(1). Pub. L. 117–286, which directed the substitution of “Sections 404, 405 (other than subsection (b)(13)), 406(a) (other than paragraphs (7) and (8) thereof), and 407 of title 5” for “Sections 4, 5 (other than subsections (a)(13)), 6(a) (other than paragraphs (7) and (8) thereof), and 7 of the Inspector General Act of 1978 (5 U.S.C. App.)”, was executed by making the substitution for “Sections 4, 5 (other than subsection (a)(13)), 6 (other than subsection (a)(7)), and 7 of the Inspector General Act of 1978 (5 U.S.C. App.)” to reflect the probable intent of Congress and the prior amendment by Pub. L. 116–94, § 1602(a)(2). See 2019 Amendment note below.
2019—Subsec. (c). Pub. L. 116–94, § 1602(a)(1)(A), inserted “; pay; limits on bonuses; counsel” after “removal” in heading.
Subsec. (c)(2). Pub. L. 116–94, § 1602(a)(1)(B), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The Inspector General may be removed from office by the Librarian of Congress. The Librarian of Congress shall, promptly upon such removal, communicate in writing the reasons for any such removal to each House of the Congress.”
Subsec. (c)(3) to (5). Pub. L. 116–94, § 1602(a)(1)(C), added pars. (3) to (5).
Subsec. (d)(1). Pub. L. 116–94, § 1602(a)(2), substituted “Sections 4, 5 (other than subsection (a)(13)), 6 (other than subsection (a)(7)), and 7” for “Sections 4, 5 (other than subsections (a)(13)), 6(a) (other than paragraphs (7) and (8) thereof), and 7”.
Subsec. (d)(2). Pub. L. 116–94, § 1605(a), designated existing provisions as subpar. (A), inserted subpar. heading and “, without the supervision or approval of any other employee, office, or other entity within the Library of Congress,” after “is authorized”, and added subpars. (B) and (C).
Subsec. (d)(3). Pub. L. 116–94, § 1603(a), added par. (3).
Subsec. (d)(4). Pub. L. 116–94, § 1604(a)(1), added par. (4).
2010—Subsec. (b)(1). Pub. L. 111–145 repealed Pub. L. 110–161, § 1004(d)(3). See 2007 Amendment note below.
2008—Subsec. (b)(1). Pub. L. 110–178 inserted “, except that nothing in this paragraph may be construed to authorize the Inspector General to audit or investigate any operations or activities of the United States Capitol Police” before semicolon at end.
2007—Subsec. (b)(1). Pub. L. 110–161, § 1004(d)(3), which made amendment identical to that made by Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.
Amendment by Pub. L. 110–178 effective
An order issued under a task order contract or a delivery order contract (as such terms are defined in section 4101 of title 41) entered into by the Librarian of Congress may not increase the scope, period, or maximum value of the contract under which the order is issued. The scope, period, or maximum value of the contract may be increased only by modification of the contract.
Notwithstanding section 3556 of title 31, the Comptroller General shall have exclusive jurisdiction of a protest authorized under paragraph (1)(B).
This section and the amendment made by this section shall apply with respect to fiscal year 2022 and each succeeding fiscal year.
Section is comprised of section 142 of div. I of Pub. L. 117–103. Subsec. (b) of section 142 of div. I of Pub. L. 117–103 amended section 6102 of Title 41, Public Contracts.
Section, act Aug. 2, 1946, ch. 753, title I, § 137, 60 Stat. 832, directed that controversies arising as to the jurisdiction of any standing committee of the Senate with respect to any proposed legislation be decided by the presiding officer of the Senate in favor of the committee having jurisdiction over the subject matter which predominated in the proposed legislation.
Section 190a, acts Aug. 2, 1946, ch. 753, title I, § 133, 60 Stat. 381;
Section 190a–1, act Aug. 2, 1946, ch. 753, title I, § 133A, as added
Section 190a–2, act Aug. 2, 1946, ch. 753, title I, § 133B, as added
Section, Pub. L. 93–344, title I, § 102(d),
Section 190b, acts Aug. 2, 1946, ch. 753, title I, § 134(a), (c), 60 Stat. 831, 832;
Section 190c, acts Aug. 2, 1946, ch. 753, title I, § 135, 60 Stat. 832;
In each odd-numbered year beginning on or after
The preceding provisions of this section do not apply to the Committees on Appropriations and the Budget of the Senate 1 and the Committees on Appropriations, the Budget, House Oversight, Rules, and Standards of Official Conduct of the House.
1996—Subsec. (c). Pub. L. 104–186 substituted “House Oversight” for “House Administration”.
1974—Subsec. (a). Pub. L. 93–344, § 701, authorized the committees to carry out the required analysis, appraisal, and evaluation themselves, or by contract, or to require a Government agency to do so and furnish a report thereon to the Congress, and authorized the committees to rely on such techniques as pilot testing, analysis of costs in comparison with benefits, or provision for evaluation after a defined period of time.
Subsec. (c). Pub. L. 93–344, § 903(b), substituted “Committees on Appropriations and the Budget of the Senate and the Committees on Appropriations, the Budget,” for “Committee on Appropriations of the Senate and the Committee on Appropriations,”.
1971—Subsec. (a). Pub. L. 92–136 substituted “Congress” for “Senate” in provisions preceding cl. (1) and inserted reference to the House of Representatives in provisions following cl. (2).
Subsec. (b). Pub. L. 92–136 substituted “In each odd-numbered year beginning on or after
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).
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Pub. L. 92–136, § 9(a),
Amendment by Pub. L. 91–510 effective immediately prior to noon on
Section effective
Section 2(a), S. Res. 274, Ninety-sixth Congress,
Section, act Aug. 2, 1946, ch. 753, title I, § 138, 60 Stat. 832, related to report of legislative budget by Committee on Ways and Means and Committee on Appropriations of House and Committee on Finance and Committee on Appropriations of Senate, its contents, and concurrent resolution adopting the budget. See Rules of the House of Representatives and Standing Rules of the Senate.
Repeal effective immediately prior to noon on
The Committees on Appropriations of the two Houses 1
No general appropriation bill or amendment thereto shall be received or considered in either House 1 if it contains a provision reappropriating unexpended balances of appropriations; except that this provision shall not apply to appropriations in continuation of appropriations for public works on which work has commenced.
Section constitutes subsections (a) to (c) of section 139 of act
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.
Amendment by Pub. L. 91–510 effective immediately prior to noon on
Section effective
Section 2(a), S. Res. 274, Ninety-sixth Congress,
No private bill or resolution (including so-called omnibus claims or pension bills), and no amendment to any bill or resolution, authorizing or directing (1) the payment of money for property damages, for personal injuries or death for which suit may be instituted under the Federal Tort Claims Act, or for a pension (other than to carry out a provision of law or treaty stipulation); (2) the construction of a bridge across a navigable stream; or (3) the correction of a military or naval record, shall be received or considered in either the Senate 1
The Federal Tort Claims Act, referred to in text, is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act
Section effective
Section 2(a), S. Res. 274, Ninety-sixth Congress,
Section, Pub. L. 91–510, title II, § 242(a),
Section 190i, Pub. L. 91–510, title II, § 243,
Section 190j, Pub. L. 91–510, title II, § 252(a),
Section 190k, Pub. L. 91–510, title II, § 253(a), (b),
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.
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
Section was formerly classified to section 229 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
Act
It shall be the duty of the marshal of the United States for the district in which the testimony is to be taken to serve, or cause to be served, all subpoenas issued in behalf of the United States under this section and section 190l of this title, in the same manner as if issued by the district court for his district; and he shall, upon being first paid his fees therefor, serve any subpoenas that may be issued at the instance of such private party or parties. And the said master may, in his discretion, appoint any other person to serve any subpoena. Such master shall have full power to administer oaths to witnesses, and the same power to issue attachments to compel the attendance of witnesses and the production of books, papers, and documents, as the district court of his district would have in a case pending before it; and it shall be his duty to report the conduct of contumacious witnesses before him to the House of Congress appointing such committee. The compensation of such master in chancery, and the fees of marshals and deputy marshals, and of any person appointed to serve papers, shall be the same as for like services in equity cases in the district court of the United States; and the compensation of witnesses shall be the same as for like attendance and travel of witnesses before such district courts; and all such fees and compensation of officers and witnesses on behalf of the United States, and other expenses of all investigations which may be had under the provisions of this section and section 190l of this title on the part of the United States, shall be paid out of the contingent fund of the Senate, in the case of a committee of the Senate, or the applicable accounts of the House of Representatives, in the case of a committee of the House of Representatives. Said master, when the examination is concluded, shall attach together all the depositions and exhibits, and attach thereto his certificate setting forth or referring to the authority by which they were taken, any notices he may have given, the names of the witnesses for whom subpoenas or attachments were issued, the names of witnesses who attended, with the time of attendance and mileage and fees of each witness on behalf of the United States, which he may require to be shown by affidavit, his own fees, the fees of the marshal, his deputies or other persons serving papers, giving the items, and such other facts in relation to the circumstances connected with the taking of the depositions as he may deem material. He shall then seal up such depositions and papers securely, direct them to the chairman of such committee at Washington, stating briefly on the outside the nature of the contents, and place the same in the post office, paying the postage thereon; and said package shall be opened only in the presence of such committee. The chairman of any committee ordering testimony to be taken under this section and section 190l of this title shall, at least ten days before the time fixed for such examination, and within two days after the adoption of such order, cause a copy thereof to be directed and delivered to the Attorney General of the United States, or sent to him by mail at the Department of Justice, to enable him to give such instructions as he may deem best to the United States attorney of the district where such testimony is to be taken, who may, and, if required by the Attorney General, shall, though not requested by the committee, appear for the United States in person or by assistant, and take such part in such examination as the Attorney General shall direct.
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
Section was formerly classified to section 230 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
1996—Pub. L. 104–186 substituted “contingent fund of the Senate, in the case of a committee of the Senate, or the applicable accounts of the House of Representatives, in the case of a committee of the House of Representatives.” for “contingent fund of the branch of Congress appointing such committee.”
Act
The President of the Senate, the Speaker of the House of Representatives, or a chairman of any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or of a committee of the whole, or of any committee of either House of Congress, is empowered to administer oaths to witnesses in any case under their examination.
Any member of either House of Congress may administer oaths to witnesses in any matter depending in either House of Congress of which he is a Member, or any committee thereof.
R.S. § 101 derived from acts May 3, 1798, ch. 36, § 1, 1 Stat. 554, and Feb. 8, 1817, ch. 10, 3 Stat. 345.
R.S. § 101 constitutes first sentence, and act
1938—Act
Every person who having been summoned as a witness by the authority of either House of Congress to give testimony or to produce papers upon any matter under inquiry before either House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee of either House of Congress, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than $1,000 nor less than $100 and imprisonment in a common jail for not less than one month nor more than twelve months.
R.S. § 102 derived from act Jan. 24, 1857, ch. 19, § 1, 11 Stat. 155.
1938—Act
No witness is privileged to refuse to testify to any fact, or to produce any paper, respecting which he shall be examined by either House of Congress, or by any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or by any committee of either House, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous.
R.S. § 103 derived from act Jan. 24, 1862, ch. 11, 12 Stat. 333.
1938—Act
Whenever a witness summoned as mentioned in section 192 of this title fails to appear to testify or fails to produce any books, papers, records, or documents, as required, or whenever any witness so summoned refuses to answer any question pertinent to the subject under inquiry before either House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee or subcommittee of either House of Congress, and the fact of such failure or failures is reported to either House while Congress is in session or when Congress is not in session, a statement of fact constituting such failure is reported to and filed with the President of the Senate or the Speaker of the House, it shall be the duty of the said President of the Senate or Speaker of the House, as the case may be, to certify, and he shall so certify, the statement of facts aforesaid under the seal of the Senate or House, as the case may be, to the appropriate United States attorney, whose duty it shall be to bring the matter before the grand jury for its action.
R.S. § 104 derived from act Jan. 24, 1857, ch. 19, § 3, 11 Stat. 156.
1938—Act
1936—Act
Upon the request of a committee of either House of Congress, a joint committee of Congress, or a member of such committee, any officer or employee of the Department of State, the Agency for International Development, or any other department, agency, or independent establishment of the United States Government primarily concerned with matters relating to foreign countries or multilateral organizations may express his views and opinions, and make recommendations he considers appropriate, if the request of the committee or member of the committee relates to a subject which is within the jurisdiction of that committee.
1998—Pub. L. 105–277, § 1335(n), struck out “the United States Information Agency,” after “Department of State,”.
Pub. L. 105–277, § 1225(g), struck out “the United States Arms Control and Disarmament Agency,” after “International Development,”.
1973—Pub. L. 93–126 substituted “or employee of” for “appointed by the President, by and with the advice and consent of the Senate, to a position in”.
Amendment by section 1225(g) of Pub. L. 105–277 effective
Amendment by section 1335(n) of Pub. L. 105–277 effective
Section, Pub. L. 100–418, title V, § 5421,
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.
Rule XI, clause 5, Rules of the House of Representatives, provides that: “Witnesses appearing before the House or any of its committees shall be paid the same per diem rate as established, authorized, and regulated by the Committee on House Administration for Members, Delegates, the Resident Commissioner, and employees of the House, plus actual expenses of travel to or from the place of examination. Such per diem may not be paid when a witness has been summoned at the place of examination.”
No part of any appropriation disbursed by the Secretary of the Senate shall be available on and after
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.
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.
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.
“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,
1949—Act
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,
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.
Amendment by Pub. L. 91–510 effective immediately prior to noon on
Section effective
The subject matter of former sections 201 to 226 of this title is covered generally by chapter 12 of this title.
Section 201, R.S. § 105, provided that whenever any person intended to contest an election of any member of House of Representatives he had to give notice in writing to that member within thirty days of result of such election.
Section 202, R.S. § 106, provided that a member of House of Representatives whose election was contested serve an answer within thirty days after service of notice upon him.
Section 203, R.S. § 107; Mar. 2, 1875, ch. 119, § 2, 18 Stat. 338, provided time and order for taking testimony.
Section 204, R.S. § 108, provided for taking of depositions upon notice to other party.
Section 205, R.S. § 109, provided that testimony in contested election cases could be taken at two or more places at same time.
Section 206, R.S. § 110; June 7, 1878, ch. 160, 20 Stat. 99; July 1, 1898, ch. 541, § 38, 30 Stat. 555, made provision for issuance of subpoenas by specified officers.
Section 207, R.S. § 111, set forth requisite contents of subpoenas.
Section 208, R.S. § 112, authorized issuance of subpoenas by justices of the peace.
Section 209, R.S. § 113, made provision for taking of depositions by written consent.
Section 210, R.S. § 114, required that each witness be served with a subpoena at least five days prior to date he was required to attend.
Section 211, R.S. § 115, exempted witness from attendance at examinations out of county in which they resided or were served with a subpoena.
Section 212, R.S. § 116, mandated a $20 penalty to be recovered by party issuing subpoena, and a possible indictment for a misdemeanor, for failure of party summoned to attend or testify, unless prevented by sickness or unavoidable necessity.
Section 213, R.S. § 117, provided that depositions of witnesses residing outside district be taken before any officer authorized to take testimony in contested election cases in district in which witness resided.
Section 214, R.S. § 118, required selection of qualified officers to officiate jointly with officer named in notice.
Section 215, R.S. § 119, provided that at taking of any deposition under this chapter, either party could appear and act in person, or by agent or attorney.
Section 216, R.S. § 120, made provision for examination of witnesses through device of taking their depositions before a qualified officer.
Section 217, R.S. § 121, provided that testimony to be taken by either party be confined to proof or disproof of facts alleged or denied in notice and answer.
Section 218, R.S. § 122, required officer to reduce to writing testimony of witnesses, together with questions proposed by parties, and have this writing duly attested by witnesses.
Section 219, R.S. § 123, empowered officer to require production of papers.
Section 220, R.S. § 124, provided that taking of testimony might, if so stated in notice, be adjourned from day to day.
Section 221, R.S. § 125, provided that notice to take depositions, with proof of service thereof, and a copy of the subpoena, where one has been served, be attached to depositions when completed.
Section 222, R.S. § 126, provided that a copy of notice of contest and of answer of returned member, be prefixed to depositions taken and transmitted with them to Clerk of House of Representatives.
Section 223, R.S. § 127; Mar. 2, 1875, ch. 119, § 1, 18 Stat. 338; Mar. 2, 1887, ch. 318, 24 Stat. 445, covered procedure followed by Clerk of House of Representatives once the sealed testimony was forwarded to him by officer who took testimony.
Section 224, R.S. § 128, fixed witness fees to be paid by party at whose instance witness was summoned.
Section 225, R.S. § 129, provided that each officer employed pursuant to this chapter be entitled to receive from party who employed him, such fees as were allowed for similar services in State wherein such service was rendered.
Section 226, R.S. § 130; Mar. 3, 1879, ch. 182, § 1, 20 Stat. 400, limited payments of expenses to contestee or contestant to $2,000, and then, only upon filing of a detailed account of expenses with Clerk of Committee on Elections.
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
Sections, act Feb. 28, 1925, ch. 368, title III, §§ 302–309, 43 Stat. 1070–1073, provided for:
Section 241, amended
Section 242, chairman and treasurer of political committees, duties as to contributions, and accounts and receipts;
Section 243, accounts of contributions received;
Section 244, statements by treasurer filed with Clerk of House of Representatives;
Section 245, statements by others than political committee filed with Clerk of House of Representatives;
Section 246, statements by candidates for Senator, Representative, Delegate, or Resident Commissioner filed with Secretary of Senate and Clerk of House of Representatives;
Section 247, statements: verification, preservation, and inspection; and
Section 248, limitation upon amount of expenditures by candidate.
Such former provisions are covered generally by chapter 301 (§ 30101 et seq.) of Title 52, Voting and Elections.
Repeal effective 60 days after
Section 249, act Feb. 28, 1925, ch. 368, title III, § 310, 43 Stat. 1073, related to promises or pledges by candidates. See section 599 of Title 18, Crimes and Criminal Procedure.
Section 250, act Feb. 28, 1925, ch. 368, title III, § 311, 43 Stat. 1073, related to expenditures to influence voting. See section 597 of Title 18.
Section 251, acts Feb. 28, 1925, ch. 368, title III, § 313, 43 Stat. 1074; June 25, 1943, ch. 144, § 9, 57 Stat. 167; June 23, 1947, ch. 120, title III, § 304, 61 Stat. 159, related to political contributions by national banks, corporations, or labor unions. See section 30118 of Title 52, Voting and Elections.
Sections 252 to 255, act Feb. 28, 1925, ch. 368, title III, §§ 314–317, 43 Stat. 1074, provided for general penalties for violations, expenses of election contests, no effect on State laws, and partial invalidity.
Section 256, act Feb. 28, 1925, ch. 368, title III, § 301, 43 Stat. 1070, provided for citation of act
Such former provisions are covered generally by chapter 301 (§ 30101 et seq.) of Title 52, Voting and Elections.
Repeal effective 60 days after
Section 261, act Aug. 2, 1946, ch. 753, title III, § 302, 60 Stat. 839, defined terms used in this chapter.
Section 262, act Aug. 2, 1946, ch. 753, title III, § 303, 60 Stat. 840, related to detailed accounts of contributions and retention of receipted bills of expenditures.
Section 263, act Aug. 2, 1946, ch. 753, title III, § 304, 60 Stat. 840, required receipts for contributions.
Section 264, act Aug. 2, 1946, ch. 753, title III, § 305, 60 Stat. 840, required filing of statements of accounts with Clerk of House.
Section 265, act Aug. 2, 1946, ch. 753, title III, § 306, 60 Stat. 841, related to proper filing and preservation of statements filed with Clerk of House.
Section 266, act Aug. 2, 1946, ch. 753, title III, § 307, 60 Stat. 841, related to persons to whom chapter was applicable.
Section 267, act Aug. 2, 1946, ch. 753, title III, § 308, 60 Stat. 841, related to registration of lobbyists with Secretary of Senate and Clerk of House and required compilation of information required.
Section 268, act Aug. 2, 1946, ch. 753, title III, § 309, 60 Stat. 842, required that reports and statements be made under oath.
Section 269, act Aug. 2, 1946, ch. 753, title III, § 310, 60 Stat. 842, related to penalties and prohibitions for violations of this chapter.
Section 270, act Aug. 2, 1946, ch. 753, title III, § 311, 60 Stat. 842, related to exemptions from this chapter.
For provisions relating to disclosure of lobbying activities to influence the Federal Government, see section 1601 et seq. of this title.
Repeal effective
Act
Act June 2, 1924, ch. 234, § 1101, 43 Stat. 353, classified to sections 271 to 277 of this title, changed legislative drafting service to office of the legislative counsel, and draftsman to legislative counsel.
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.
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.
Pub. L. 118–263, § 1,
Act Aug. 2, 1946, ch. 753, § 204, 60 Stat. 837, provided:
[Section 204 of act
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.
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.
1941—Act
The Legislative Counsel of the Senate shall be paid at an annual rate of compensation of $40,000.
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.
2019—Pub. L. 116–94, § 212(a)(3)(H), repealed Pub. L. 88–426, § 203(g). See 1964 Amendment note below.
Pub. L. 116–94, § 212(a)(3)(A), repealed Pub. L. 94–59, § 105. See 1975 Amendment note below.
1975—Pub. L. 94–59, which substituted “an annual rate of compensation of $40,000” for “a gross annual compensation of $38,760 per annum” as the rate of compensation of the Legislative Counsel of the Senate, effective
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
1964—Pub. L. 88–426, which provided that the compensation of the Legislative Counsel of the Senate shall be at the rate of $27,500 per annum, was repealed by Pub. L. 116–94, § 212(a)(3)(H). See above.
1957—Pub. L. 85–75 increased the gross compensation of the Legislative Counsel of the Senate from $15,500 to $17,500 per annum, effective
1955—Act
1949—Act
1941—Act
1940—Act
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Pub. L. 93–371, § 4,
Act Oct. 15, 1949, ch. 695, § 9, 63 Stat. 882, provided that:
Act Mar. 10, 1928, ch. 167, § 23(a), 45 Stat. 279, formerly cited as a credit to this section, was repealed by Pub. L. 89–554, § 8(a),
Pub. L. 93–371, § 4,
Increases in compensation for officers and employees of the Senate under authority of the Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of the President pro tempore of the Senate, set out as notes under section 4571 of this title.
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.
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.
1941—Act
Pub. L. 106–57, title I, § 6,
Pub. L. 85–75,
Pub. L. 95–391, title I, § 102,
Pub. L. 88–248,
Pub. L. 94–59, title I, § 105,
Pub. L. 93–371, § 4,
Adjustment in compensation by Pub. L. 93–371 not to supersede order of President pro tempore of the Senate authorizing higher rate of compensation or any authority of the President pro tempore to adjust rates of compensation or limitations under section 4 of the Federal Pay Comparability Act of 1970, see section 4 of Pub. L. 93–371, set out in part as a note under section 273 of this title.
Increases in compensation for officers and employees of the Senate under authority of the Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of the President pro tempore of the Senate, set out as notes under section 4571 of this title.
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.
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.
1946—Act
Act Aug. 2, 1946, ch. 753, title I, § 142, 60 Stat. 834, provided that the amendment made by that act is effective
All appropriations for the Office of the Legislative Counsel shall be disbursed by the Secretary of the Senate.
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.
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.
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
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.
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
Section, as it relates to funds expended by the Senate Legal Counsel, is classified to section 288n of this title.
Section, act Feb. 24, 1919, ch. 18, title XIII, § 1303(d), as added June 2, 1924, ch. 234, title XI, § 1101, 43 Stat. 353, provided for free transmission of official mail matter of legislative counsel. Official mail matter of Legislative Counsel of House of Representatives is covered by section 282d of this title.
Repeal effective
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”.
Subchapter effective
Pub. L. 91–510, title V, § 531,
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.
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.
2025—Subsec. (b)(1). Pub. L. 118–263, § 2(a), substituted “The Legislative Counsel shall designate one or more of the attorneys appointed under subsection (a) as a Deputy Legislative Counsel.” for “One of the attorneys appointed under subsection (a) shall be designated by the Legislative Counsel as Deputy Legislative Counsel.” and “the functions of the Legislative Counsel shall be performed by a Deputy Legislative Counsel. If there is more than one Deputy Legislative Counsel, the Deputy Legislative Counsel who shall perform such functions shall be determined in accordance with the order specified in a notice filed with the Speaker and the Minority Leader of the House by the Legislative Counsel.” for “the Deputy Legislative Counsel shall perform the functions of the Legislative Counsel.”
Subsec. (b)(2). Pub. L. 118–263, § 2(b), substituted “Deputy Legislative Counsels” for “Deputy Legislative Counsel”.
1971—Subsec. (b). Pub. L. 92–51 substituted provisions for designation of one attorney as Deputy Legislative Counsel to perform functions of Legislative Counsel during his absence or disability or when office is vacant and for delegation of functions to Deputy Legislative Counsel and other employees for former provisions for appointment of full-time Office Administrator to exercise management, supervisory, and administrative functions of the Office as delegated to him by the Legislative Counsel.
Amendment by Pub. L. 95–94 is based on par. (2) of House Resolution No. 8, Ninety-fifth Congress,
House Resolution 312, 89th Congress,
2019—Subsec. (a). Pub. L. 116–94, § 212(b)(3)(A)(i), substituted “equal to the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title.” for “equal to the rate of basic pay, as in effect from time to time, for level III of the Executive Schedule of section 5314 of title 5.”
Subsec. (b). Pub. L. 116–94, § 212(b)(3)(A)(ii), substituted “in excess of the applicable rate of pay in effect under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title.” for “in excess of the rate of basic pay for one pay level above the maximum pay level for employees of the House of Representatives provided under clause 6(c) of Rule XI of the Rules of the House of Representatives.”
1977—Subsec. (b). Pub. L. 95–94 substituted provisions authorizing compensation at a rate not in excess of the rate of basic pay for one pay level above the maximum pay level for House employees provided under cl. 6(c) of Rule XI of the Rules of the House of Representatives, for provisions authorizing compensation at per annum gross rates not in excess of a per annum gross rate equal to the rate of basic pay for level V of the Executive Schedule of section 5316 of title 5.
Pub. L. 116–94, div. E, title II, § 212(c),
Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90–206), Federal Pay Comparability Act of 1970 (Pub. L. 91–656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100–202), see sections 4531 and 4532 of this title, and Salary Directives of Speaker of the House, set out as notes under those sections.
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.
The Legislative Counsel may send the official mail matter of the Office as franked mail under section 3210 of title 39.
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.
There are authorized to be appropriated, for the fiscal year ending
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”.
Section is based on section 205(a) of House Resolution No. 988, Ninety-third Congress,
Pub. L. 93–554, title I, ch. III,
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.
Section is based on section 205(b) of House Resolution No. 988, Ninety-third Congress,
Section is based on section 205(c) of House Resolution No. 988, Ninety-third Congress,
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”.
Pub. L. 94–386, § 2,
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.
Section is based on section 205(d) of House Resolution No. 988, Ninety-third Congress,
Section is based on section 205(e) of House Resolution No. 988, Ninety-third Congress,
The Law Revision Counsel shall be paid at a per annum gross rate determined by the Speaker not to exceed the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker pursuant to the authority of section 4532 of this title; and members of the staff of the Office other than the Law Revision Counsel shall be paid at per annum gross rates fixed by the Law Revision Counsel with the approval of the Speaker or in accordance with policies approved by the Speaker, but not in excess of the applicable rate of pay in effect under an order issued by the Speaker pursuant to the authority of such section.
Section is based on section 205(f) of House Resolution No. 988, Ninety-third Congress,
2019—Pub. L. 116–94 substituted “Law Revision Counsel shall be paid at a per annum gross rate determined by the Speaker not to exceed the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker pursuant to the authority of section 4532 of this title; and members of the staff of the Office other than the Law Revision Counsel shall be paid at per annum gross rates fixed by the Law Revision Counsel with the approval of the Speaker or in accordance with policies approved by the Speaker, but not in excess of the applicable rate of pay in effect under an order issued by the Speaker pursuant to the authority of such section.” for “Law Revision Counsel shall be paid at a per annum gross rate not to exceed level IV of the Executive Schedule of section 5315 of title 5; and members of the staff of the Office other than the Law Revision Counsel shall be paid at per annum gross rates fixed by the Law Revision Counsel with the approval of the Speaker or in accordance with policies approved by the Speaker, but not in excess of a per annum gross rate equal to level V of such schedule.”
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90–206), Federal Pay Comparability Act of 1970 (Pub. L. 91–656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100–202), see sections 4531 and 4532 of this title, and Salary Directives of Speaker of the House, set out as notes under those sections.
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.
Section is based on section 205(g) of House Resolution No. 988, Ninety-third Congress,
Until such time as funds are appropriated by law to carry out the purpose of this chapter, the applicable accounts of the House of Representatives shall be available for such purpose.
Section is based on section 205(h) of House Resolution No. 988, Ninety-third Congress,
1996—Pub. L. 104–186 substituted “applicable accounts of the House of Representatives” for “contingent fund of the House”.
Section 286, based on H. Res. No. 988, § 203(a), Ninety-third Congress,
Section 286a, based on H. Res. No. 988, § 203(b), Ninety-third Congress,
Section 286b, based on H. Res. No. 988, § 203(c), Ninety-third Congress,
Section 286c, based on H. Res. No. 988, § 203(d), Ninety-third Congress,
Section 286d, based on H. Res. No. 988, § 203(e), Ninety-third Congress,
Section 286e, based on H. Res. No. 988, § 203(f), Ninety-third Congress,
Section 286f, based on H. Res. No. 988, § 203(g), Ninety-third Congress,
Section 286g, based on H. Res. No. 988, § 203(h), Ninety-third Congress,
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”.
Section is based on section 1 of House Resolution No. 502, Ninety-fifth Congress,
Section 6 of House Resolution No. 502,
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.
Section is based on section 2 of House Resolution No. 502, Ninety-fifth Congress,
Section is based on section 3 of House Resolution No. 502, Ninety-fifth Congress,
Section is based on section 4 of House Resolution No. 502, Ninety-fifth Congress,
House Resolution No. 904, Eighty-eighth Congress,
2019—Subsec. (a). Pub. L. 116–94, § 212(b)(3)(C)(i), substituted “but not in excess of the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title.” for “but not in excess of the rate of basic pay determined from time to time under subsection (b) of section 3 of the Speaker’s salary directive of
Subsec. (b). Pub. L. 116–94, § 212(b)(3)(C)(ii), substituted “but not in excess of the applicable rate of pay in effect under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title” for “, but not in excess of the rate of basic pay set forth in subsection (a) of this section”.
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90–206), Federal Pay Comparability Act of 1970 (Pub. L. 91–656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100–202), see sections 4531 and 4532 of this title, and Salary Directives of Speaker of the House, set out as notes under those sections.
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.
Section is based on section 5 of House Resolution No. 502, Ninety-fifth Congress,
In carrying out the functions of the Office, the Counsel may procure the temporary (not to exceed one year) or intermittent services of individual consultants (including outside counsel), or organizations thereof, in the same manner and under the same conditions as a standing committee of the Senate may procure such services under section 4301(i) of this title.
The Counsel may establish such policies and procedures as may be necessary to carry out the provisions of this chapter.
The counsel 1
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.
This chapter, referred to in subsecs. (b)(1), (d), and (e), was in the original “this title”, meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.
2019—Subsec. (a)(4). Pub. L. 116–94, § 212(a)(3)(I)(i), struck out par. (4) which read as follows: “The Counsel shall receive compensation at a rate equal to the annual rate of basic pay for level III of the Executive Schedule under section 5314 of title 5. The Deputy Counsel shall receive compensation at a rate equal to the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5.”
Subsec. (b)(1). Pub. L. 116–94, § 212(a)(3)(I)(ii), struck out “The compensation fixed for each Assistant Counsel shall not be in excess of a rate equal to the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5.” before “Any selection”.
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Pub. L. 95–521, title VII, § 717,
Pub. L. 95–521, title VII, § 715,
Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 4571 of this title.
The Office shall be directly accountable to the Joint Leadership Group in the performance of the duties of the Office.
The Joint Leadership Group shall be assisted in the performance of its duties by the Secretary of the Senate.
This chapter, referred to in subsec. (b), was in the original “this title”, meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.
Section effective
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.
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.
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.
The Office shall make no recommendation with respect to the consideration of a resolution under this section.
Section effective
Section effective
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.
Any directive to the Counsel to bring a civil action pursuant to subsection (a) in the name of a committee or subcommittee of the Senate shall, for such committee or subcommittee, constitute authorization to bring such action within the meaning of any statute conferring jurisdiction on any court of the United States.
A report filed pursuant to subsection (c)(2) shall not be receivable in any court of law to the extent such report is in compliance with such subsection.
Subsec. (f) of this section amended title 28 by adding section 1364 and by adding item 1364 to the chapter analysis.
1986—Subsec. (a). Pub. L. 99–336 substituted “section 1365 of title 28” for “section 1364 of title 28”.
Section effective
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.
The Counsel shall notify the Joint Leadership Group of any legal action or proceeding in which the Counsel is of the opinion that intervention or appearance as amicus curiae under subsection (a) is in the interest of the Senate. Such notification shall contain a description of the legal action or proceeding together with the reasons that the Counsel is of the opinion that intervention or appearance as amicus curiae is in the interest of the Senate. The Joint Leadership Group shall cause said notification to be published in the Congressional Record for the Senate.
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.
Section effective
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.
Section effective
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.
The Counsel shall perform such other duties consistent with the purposes and limitations of this chapter as the Senate may direct.
This chapter, referred to in subsecs. (a)(3) and (c), was in the original “this title”, meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.
2004—Subsec. (a)(3). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
Section effective
This chapter, referred to in text, was in the original “this title”, meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.
Section effective
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.
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.
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.
This chapter, referred to in subsec. (a), was in the original “this title”, meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.
Section effective
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.
This chapter, referred to in subsec. (b), was in the original “this title”, meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.
Section effective
2003—Subsec. (b). Pub. L. 108–7 made technical amendment to reference in original act which appears in text as reference to section 530D of title 28.
2002—Subsec. (b). Pub. L. 107–273 added subsec. (b) and struck out former subsec. (b) which read as follows: “The Attorney General shall notify the Counsel with respect to any proceeding in which the United States is a party of any determination by the Attorney General or Solicitor General not to appeal any court decision affecting the constitutionality of an Act or joint resolution of Congress within such time as will enable the Senate to direct the Counsel to intervene as a party in such proceeding pursuant to section 288e of this title.”
Amendment by Pub. L. 108–7 effective as if included in the enactment of the 21st Century Department of Justice Appropriations Authorization Act, Pub. L. 107–273, see section 110(c) of Pub. L. 108–7, set out as a note under section 5571 of this title.
Section effective
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.
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.
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.
This chapter, referred to in subsecs. (b) and (c), was in the original “this title”, meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.
Section effective
The expenses of the Office shall be paid from the contingent fund of the Senate in accordance with section 6503 of this title, and upon vouchers approved by the Counsel.
Section effective
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.
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.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652,
Pub. L. 88–652, § 17,
Pub. L. 88–652, § 1,
Pub. L. 88–652, § 15,
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652,
1995—Par. (1). Pub. L. 104–53 substituted “Chief Administrative Officer, and the Inspector General” for “Doorkeeper, and the Postmaster,”.
Section effective
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652,
2004—Subsec. (b). Pub. L. 108–447 in last sentence substituted “succeeding year (other than any period during which a memorandum of understanding described in section 2168(a) of this title is in effect),” for “succeeding year,”.
2001—Subsec. (b). Pub. L. 107–68 inserted at end “Notwithstanding any other provision of this chapter, for purposes of applying the adjustment made by the committee under this subsection for 2002 and each succeeding year, positions under the Chief Administrative Officer shall include positions of the United States Capitol telephone exchange under the Chief Administrative Officer.”
1996—Subsec. (a)(1). Pub. L. 104–186 substituted “House Oversight” for “House Administration”.
1995—Subsec. (b). Pub. L. 104–53 substituted “Chief Administrative Officer, and the Inspector General” for “Doorkeeper, and the Postmaster,”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Amendment by Pub. L. 108–447 applicable with respect to fiscal year 2005 and each succeeding fiscal year, see section 2168(f) of this title.
Section effective
Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90–206), Federal Pay Comparability Act of 1970 (Pub. L. 91–656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100–202), see sections 4531 and 4532 of this title, and Salary Directives of Speaker of the House, set out as notes under those sections.
Section 293a, Pub. L. 89–301, § 11(c),
Section 293b, Pub. L. 89–504, title III, § 302(c),
Section 293c, Pub. L. 90–206, title II, § 214(c),
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652,
1996—Subsec. (b)(1)(C). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Doorkeeper”.
1995—Subsec. (b)(1). Pub. L. 104–53 substituted “Chief Administrative Officer, and the Inspector General” for “Doorkeeper, and the Postmaster”.
Subsec. (c). Pub. L. 104–53 substituted “Chief Administrative Officer, and the Inspector General” for “Doorkeeper, and the Postmaster,”.
Section effective
Certain functions of Recording Studio and Officers of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress,
The committee shall place each position (in existence on, or established after,
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652,
Section effective
Section effective
Section effective
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.
Section effective
Section, Pub. L. 88–652, § 10,
Pub. L. 106–554, § 1(a)(2) [title I, § 102(b)],
The committee may authorize the establishment of additional positions of the kind to which this chapter applies, on a permanent basis or on a temporary basis of not to exceed six months’ duration, whenever, in the judgment of the committee, such action is warranted in the interests of the orderly and efficient operation of the House of Representatives. The compensation of each such position may be paid out of the applicable accounts of the House of Representatives until otherwise provided by law. An additional position of the kind to which this chapter applies shall not be established without authorization of the committee.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652,
1996—Pub. L. 104–186 substituted “applicable accounts” for “contingent fund”.
Section effective
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652,
Section effective
The committee is authorized to prescribe such regulations as may be necessary to carry out the purposes of this chapter.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652,
Section effective
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.
Section effective
Section 331 was editorially reclassified as section 4533 of this title.
Section, Pub. L. 91–510, title IV, § 472,
Section 333 was editorially reclassified as section 5103 of this title.
Section, Pub. L. 98–51, title I, § 112,
Section, Pub. L. 91–510, title IV, § 474,
Section 335 was editorially reclassified as section 4534 of this title.
Section 336 was editorially reclassified as section 4535 of this title.
There is hereby established a commission to be known as the Citizens’ Commission on Public Service and Compensation (hereinafter referred to as the “Commission”).
1989—Pub. L. 101–194 substituted “Citizens’ Commission on Public Service and Compensation” for “Commission on Executive, Legislative, and Judicial Salaries”.
Section effective
The Federal Regulation of Lobbying Act, referred to in par. (2)(B), is title III of act Aug. 2, 1946, ch. 753, 60 Stat. 839, which was classified generally to chapter 8A (§ 261 et seq.) of this title, prior to repeal by Pub. L. 104–65, § 11(a),
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.
Section effective
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).
Section effective
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
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.
Section effective
The Administrator of General Services shall provide administrative support services for the Commission on a reimbursable basis.
Section effective
Subsections (a), (b), (c), and (d) of section 203 of the Federal Legislative Salary Act of 1964 (78 Stat. 415; Public Law 88–426), referred to in par. (B), are subsecs. (a) to (d) of section 203 of Pub. L. 88–426, title II,
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.
1992—Par. (C). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
1989—Pub. L. 101–194 substituted “subparagraphs (A) and (B) of section 352(8) of this title” for “section 352(2) and (3) of this title”.
1987—Par. (C). Pub. L. 100–202 substituted “except bankruptcy judges, but including” for “and magistrates and”.
1985—Pub. L. 99–190 inserted last sentence relating to review of rates of pay of offices or positions.
1982—Par. (C). Pub. L. 97–164 inserted reference to judges of the United States Claims Court.
1978—Par. (C). Pub. L. 95–598 struck out reference to section 402(d) and inserted reference to magistrates.
1975—Par. (A). Pub. L. 94–82 inserted “the Vice President of the United States” before “Senators”, and “the Speaker of the House of Representatives, the President pro tempore of the Senate, and the majority and minority leaders of the Senate and the House of Representatives” after “Puerto Rico”.
1970—Par. (E). Pub. L. 91–375 added par. (E).
Amendment by Pub. L. 102–572 effective
Amendment by Pub. L. 100–202 effective
Amendment by Pub. L. 97–164 effective
Amendment by Pub. L. 95–598 effective
Amendment by Pub. L. 91–375 effective within 1 year after
Section effective
Pub. L. 94–82, title II, § 206(b),
Section, Pub. L. 94–440, title II, [§ 100,]
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.
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”.
Section effective
Pub. L. 99–190, § 135(g),
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”.
Section effective
Pub. L. 98–63, title I, § 908(e),
Pub. L. 94–2,
H.Doc. No. 101–21, Cong. Rec., vol. 135, pt. 1, p. 251,
Dear Mr. Speaker: (Dear Mr. President:) 1
As required by section 225 of the Federal Salary Act of 1967, Public Law 90–206 (2 U.S.C. 351 et seq.), the latest Quadrennial Commission on Executive, Legislative, and Judicial Salaries (“Commission”) has submitted to me recommendations on salaries for Senators, Representatives, Federal judges, Cabinet officers, and other agency heads, and certain other officials in the executive, legislative, and judicial branches.
The statute requires that, in the budget next submitted after receipt of the report of the Commission, I set forth recommendations for adjustment of these salaries. Pursuant to section 225(i), as amended by section 135 of Public Law 99–190 [2 U.S.C. 359], these recommendations will be effective unless Congress disapproves the recommendation by a joint resolution within 30 days following the transmittal of my budget.
The Commission’s report, submitted to me on
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,
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
[Pub. L. 101–1,
A prior recommendation of the President for increases in executive, legislative, and judicial salaries, which was transmitted to Congress on
A prior recommendation of the President for increases in executive, legislative, and judicial salaries, which was transmitted to Congress on
A prior recommendation of the President for increases in executive, legislative, and judicial salaries was transmitted to Congress on
A prior recommendation of the President for increases in executive, legislative, and judicial salaries was transmitted to Congress on
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.
Section effective
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,”.
Section effective
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.
Section effective
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.
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.
1996—Pub. L. 104–186, § 211(1)(A)–(C), substituted “chapter:” for “chapter—” in introductory provisions, redesignated subdivs. (a) to (i) as pars. (1) to (9), respectively, and realigned margins of pars. (1) to (9).
Par. (1). Pub. L. 104–186, § 211(2)(A), substituted “, or Delegate or Resident Commissioner to, the Congress, but that term” for “or Resident Commissioner to the Congress of the United States, but”.
Par. (2). Pub. L. 104–186, § 211(2)(B), substituted “office of Representative in, or Delegate or Resident Commissioner to, the Congress” for “House of Representatives of the United States” in subpar. (A) and “House of Representatives” in subpar. (B).
Pub. L. 104–186, § 211(1)(D), redesignated pars. (1) and (2) as subpars. (A) and (B), respectively.
Pars. (3), (4). Pub. L. 104–186, § 211(2)(C), (D), struck out “of the United States” after “House of Representatives”.
Par. (5). Pub. L. 104–186, § 211(2)(E), substituted “term ‘Member of the House of Representatives’ means an incumbent Representative in, or Delegate or Resident Commissioner to, the Congress, or an individual who has been elected to such office” for “term ‘Member’ means an incumbent Representative in or Resident Commissioner to the Congress of the United States, or an individual who has been elected to either of such offices”.
Par. (6). Pub. L. 104–186, § 211(2)(F), struck out “of the United States” after “House of Representatives”.
Par. (7). Pub. L. 104–186, § 211(2)(G), substituted “House Oversight of the House of Representatives” for “House Administration of the House of Representatives of the United States”.
Par. (8). Pub. L. 104–186, § 211(2)(H), substituted “means a State of the United States and any territory or” for “includes territory and”.
Par. (9). Pub. L. 104–186, § 211(1)(A), (C), redesignated former subsec. (i) as par. (9).
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Pub. L. 91–138, § 19,
Pub. L. 91–138, § 1,
Whoever, having been a candidate for election in the last preceding election and claiming a right to such office, intends to contest the election of a Member of the House of Representatives, shall, within thirty days after the result of such election shall have been declared by the officer or Board of Canvassers authorized by law to declare such result, file with the Clerk and serve upon the contestee written notice of his intention to contest such election.
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.
1996—Subsec. (a). Pub. L. 104–186, § 211(3)(A), struck out “to the House of Representatives” after “for election”.
Subsec. (c)(4), (5). Pub. L. 104–186, § 211(3)(B), struck out “or” at end of par. (4) and inserted “or” at end of par. (5).
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after
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.
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.
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.
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after
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.
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.
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after
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.
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after
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.
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.
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.
Attendance of witnesses may be compelled by subpena as provided in section 388 of this title.
At the taking of testimony, a party may appear and act in person, or by his agent or attorney.
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.
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.
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after
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.
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.
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.
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after
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.
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.
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.
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.
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after
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.
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after
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.
After filing the deposition, the officer shall promptly notify the parties of its filing.
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.
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after
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.
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.
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.
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.
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.
Within ten days after service of contestee’s brief and appendix, contestant may serve on contestee a printed reply brief.
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.
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after
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.
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.
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.
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after
In the event of the death of the contestant, the contested election case shall abate.
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after
The committee may allow any party reimbursement from the applicable accounts of the House of Representatives of his reasonable expenses of the contested election case, including reasonable attorneys fees, upon the verified application of such party accompanied by a complete and detailed account of his expenses and supporting vouchers and receipts.
1996—Pub. L. 104–186 substituted “applicable accounts” for “contingent fund”.
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after
Section 411, Pub. L. 91–510, title IV, § 401,
Section 412, Pub. L. 91–510, title IV, § 402,
Section 412a, based on H. Res. No. 988, § 206, Ninety-third Congress,
Section 413, Pub. L. 91–510, title IV, § 403,
Section 414, Pub. L. 91–510, title IV, § 404,
Section 415, Pub. L. 91–510, title IV, § 405,
Section 416, Pub. L. 91–510, title IV, § 406,
Section 417, Pub. L. 91–510, title IV, § 407,
Section 431 was editorially reclassified as section 30101 of Title 52, Voting and Elections.
Section 432 was editorially reclassified as section 30102 of Title 52, Voting and Elections.
Section 433 was editorially reclassified as section 30103 of Title 52, Voting and Elections.
Section 434 was editorially reclassified as section 30104 of Title 52, Voting and Elections.
Section 435, Pub. L. 92–225, title III, § 305,
Section 436, Pub. L. 92–225, title III, § 306,
Repeal effective
Section 437 was editorially reclassified as section 30105 of Title 52, Voting and Elections.
Section, Pub. L. 92–225, title III, § 308, as added Pub. L. 93–443, title II, § 208(a),
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.
Section, Pub. L. 92–225, title III, § 308, formerly § 309, as added Pub. L. 93–443, title II, § 208(a),
Repeal effective
Section 437c was editorially reclassified as section 30106 of Title 52, Voting and Elections.
Section 437d was editorially reclassified as section 30107 of Title 52, Voting and Elections.
Section, Pub. L. 92–225, title III, § 311, formerly § 312, as added Pub. L. 93–443, title II, § 208(a),
Repeal effective
Section 437f was editorially reclassified as section 30108 of Title 52, Voting and Elections.
Section 437g was editorially reclassified as section 30109 of Title 52, Voting and Elections.
Section 437h was editorially reclassified as section 30110 of Title 52, Voting and Elections.
Section 438 was editorially reclassified as section 30111 of Title 52, Voting and Elections.
Pub. L. 93–443, title II, § 209(a)(2),
Section 438a was editorially reclassified as section 30112 of Title 52, Voting and Elections.
Section 439 was editorially reclassified as section 30113 of Title 52, Voting and Elections.
Section 439a was editorially reclassified as section 30114 of Title 52, Voting and Elections.
Section, Pub. L. 92–225, title III, § 318, formerly § 319, as added Pub. L. 93–443, title II, § 210,
Repeal effective
Section 439c was editorially reclassified as section 30115 of Title 52, Voting and Elections.
Section, Pub. L. 92–225, title III, § 310,
Repeal effective
Section, Pub. L. 92–225, title III, § 320, formerly § 311,
Pub. L. 94–283, title I, § 114,
Section 441a was editorially reclassified as section 30116 of Title 52, Voting and Elections.
Section 441a–1 was editorially reclassified as section 30117 of Title 52, Voting and Elections.
Section 441b was editorially reclassified as section 30118 of Title 52, Voting and Elections.
Section 441c was editorially reclassified as section 30119 of Title 52, Voting and Elections.
Section 441d was editorially reclassified as section 30120 of Title 52, Voting and Elections.
Section 441e was editorially reclassified as section 30121 of Title 52, Voting and Elections.
Section 441f was editorially reclassified as section 30122 of Title 52, Voting and Elections.
Section 441g was editorially reclassified as section 30123 of Title 52, Voting and Elections.
Section 441h was editorially reclassified as section 30124 of Title 52, Voting and Elections.
Section 441i was editorially reclassified as section 30125 of Title 52, Voting and Elections.
Section, Pub. L. 92–225, title III, § 329, as added Pub. L. 94–283, title I, § 112(2),
Repeal effective
Section 441k was editorially reclassified as section 30126 of Title 52, Voting and Elections.
Section 442 was editorially reclassified as section 6566 of this title.
Section 451 was editorially reclassified as section 30141 of Title 52, Voting and Elections.
Section 452 was editorially reclassified as section 30142 of Title 52, Voting and Elections.
Section 453 was editorially reclassified as section 30143 of Title 52, Voting and Elections.
Section 454 was editorially reclassified as section 30144 of Title 52, Voting and Elections.
Section 455 was editorially reclassified as section 30145 of Title 52, Voting and Elections.
Section, Pub. L. 92–225, title IV, § 407, as added Pub. L. 93–443, title III, § 302,
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.
Section 457 was editorially reclassified as section 30146 of Title 52, Voting and Elections.
Pub. L. 92–484, § 1,
Pub. L. 104–53, title I, §§ 113, 114,
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Office, in carrying out the provisions of this chapter, shall not, itself, operate any laboratories, pilot plants, or test facilities.
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.
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.
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.
In subsec. (a)(2), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c),
In subsec. (a)(3), “section 3324(a) and (b) of title 31” substituted for “section 3648 of the Revised Statutes (31 U.S.C. 529)” on authority of Pub. L. 97–258, § 4(b),
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.
The term of office of each member of the Council appointed under subsection (a)(1) shall be four years except that any such member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. No person shall be appointed a member of the Council under subsection (a)(1) more than twice. Terms of the members appointed under subsection (a)(1) shall be staggered so as to establish a rotating membership according to such method as the Board may devise.
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”.
Amendment by Pub. L. 99–234 effective on effective date of regulations to be promulgated not later than 150 days after
Advisory councils in existence on
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
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.
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.
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.
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.
Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel, and procurement) and such other services as may be appropriate shall be provided the Office by the Government Accountability Office.
Such services and assistance to the Office shall include, but not be limited to, all of the services and assistance which the Government Accountability Office is otherwise authorized to provide to the Congress.
Nothing in this section shall alter or modify any services or responsibilities, other than those performed for the Office, which the Government Accountability Office under law performs for or on behalf of the Congress.
Services and assistance made available to the Office by the Government Accountability Office in accordance with this section may be provided with or without reimbursement from funds of the Office, as agreed upon by the Board and the Comptroller General.
2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in section catchline and wherever appearing in text.
Section, Pub. L. 92–484, § 11,
There is established a special commission of the House of Representatives, designated the “House Communications Standards Commission” (herein referred to as the “Commission”).
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.
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.
Any complaint that a violation of any provision of law or any rule or regulation of the House of Representatives to which subsection (d) applies is about to occur, or has occurred within the immediately preceding period of one year, by any person referred to in such subsection (d), shall contain pertinent factual material and shall conform to regulations prescribed by the Commission. The Commission, if it determines there is reasonable justification for the complaint, shall conduct an investigation of the matter, including an investigation of reports and statements filed by the complainant with respect to the matter which is the subject of the complaint. The Commission shall afford to the person who is the subject of the complaint due notice and, if it determines that there is substantial reason to believe that such violation has occurred or is about to occur, opportunity for all parties to participate in a hearing before the Commission. The Commission shall issue a written decision on each complaint under this subsection not later than thirty days after such a complaint has been filed or, if a hearing is held, not later than thirty days after the conclusion of such hearing. Such decision shall be based on written findings of fact in the case by the Commission. Such findings of fact by the Commission on which its decision is based are binding and conclusive for all judicial and administrative purposes, including purposes of any judicial challenge or review. Any judicial review of such decision, if ordered on any ground, shall be limited to matters of law. If the Commission finds in its written decision, that a serious and willful violation has occurred or is about to occur, it may refer such decision to the Committee on Standards of Official Conduct of the House of Representatives for appropriate action and enforcement by the committee concerned in accordance with applicable rules and precedents of the House and such other standards as may be prescribed by such committee. In the case of a former Member of the House or a former Member-elect, a former Resident Commissioner or Delegate or Resident Commissioner-elect or Delegate-elect, any surviving spouse of any of the foregoing (or any individual designated by the Clerk of the House under section 3218 of title 39), or any other former House official, if the Commission finds in its written decision that any serious and willful violation has occurred or is about to occur, then the Commission may refer the matter to any appropriate law enforcement agency or official for appropriate remedial action. Notwithstanding any other provision of law, no court or administrative body in the United States or in any territory thereof shall have jurisdiction to entertain any civil action of any character concerning or related to a violation of any provision of law or any rule or regulation of the House of Representatives to which subsection (d) applies, except judicial review of the decisions of the Commission under this subsection. The Commission shall prescribe regulations for the holding of investigations and hearings, the conduct of proceedings, and the rendering of decisions under this subsection providing for equitable procedures and the protection of individual, public, and Government interests. The regulations shall, insofar as practicable, contain the substance of the administrative procedure provisions of sections 551–559, and 701–706, of title 5. These regulations shall govern matters under this subsection subject to judicial review thereof.
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.
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.
2020—Subsec. (a). Pub. L. 116–260, § 116(b)(1), substituted “House Commission on Congressional Mailing Standards” for “House Commission on Congressional Mailing Standards”.
Subsec. (d). Pub. L. 116–260, § 116(c)(1)(A), designated existing provisions as par. (1) and added par. (2).
Subsec. (e). Pub. L. 116–260, § 116(c)(1)(B), in first sentence, substituted “Any complaint that a violation of any provision of law or any rule or regulation of the House of Representatives to which subsection (d) applies is about to occur” for “Any complaint by any person that a violation of any section of title 39 referred to in subsection (d) of this section (or any other Federal law which does not include any criminal penalty or any rule of the House of Representatives relating to franked mail) is about to occur” and in tenth sentence, substituted “a violation of any provision of law or any rule or regulation of the House of Representatives to which subsection (d) applies,” for “a violation of the franking laws or an abuse of the franking privilege by any person listed under subsection (d) of this section as entitled to send mail as franked mail,”.
Subsec. (h). Pub. L. 116–260, § 116(c)(1)(C), added subsec. (h).
1981—Subsec. (d). Pub. L. 97–69, § 7(a)(1), (b), inserted references to Federal laws (other than laws which impose criminal penalties), to rules of the House of Representatives relating to franked mail, to former Members of the House of Representatives or Members-elect, Resident Commissioners or Resident Commissioners-elect, Delegates or Delegates-elect, and former House officials, and to individuals designated by the Clerk of the House under section 3218 of title 39.
Subsec. (e). Pub. L. 97–69, § 7(a)(2), (c), inserted reference to Federal laws that do not include criminal penalties or rules of the House of Representatives relating to franked mail and inserted provision that, in the case of a former Member of the House or a former Member-elect, a former Resident Commissioner or Delegate or Resident Commissioner-elect or Delegate-elect, any surviving spouse of any of the foregoing (or any individual designated by the Clerk of the House under section 3218 of title 39), or any other former House official, if the Commission finds in its written decision that any serious and willful violation has occurred or is about to occur, then the Commission may refer the matter to any appropriate law enforcement agency or official for appropriate remedial action.
1974—Subsec. (d). Pub. L. 93–255 inserted reference to section 3219 of title 39.
Pub. L. 116–260, div. I, title I, § 116(b)(3),
Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress,
Pub. L. 116–260, div. I, title I, § 116(f),
Section effective
Pub. L. 116–260, div. I, title I, § 116(a),
Committee on Post Office and Civil Service of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress,
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.
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.
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.
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.
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.
1974—Subsec. (a). Pub. L. 93–255 inserted reference to section 3219 of title 39.
Section effective
This section and the amendments made by this section shall apply with respect to sessions of Congress beginning with the first session of the One Hundred Second Congress, except that, with respect to the Senate, subsection (d) shall apply beginning on
The amendments made by this section, referred to in subsec. (i), means the amendments made by section 311(h) of Pub. L. 101–520, which amended section 6314 of this title and sections 3210 and 3216 of Title 39, Postal Service, and amended provisions set out as notes under sections 3210 and 3216 of Title 39.
Section was formerly classified to section 59e of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 1991.
Subsec. (h) of this section made the amendments specified in the References in Text note above.
2020—Subsec. (a)(3). Pub. L. 116–260, § 116(b)(2)(B), substituted “House Communications Standards Commission” for “House Commission on Congressional Mailing Standards” in two places.
Subsec. (e)(1)(B). Pub. L. 116–260, § 116(b)(2)(B), substituted “House Communications Standards Commission” for “House Commission on Congressional Mailing Standards”.
Subsec. (f). Pub. L. 116–260, § 116(c)(2)(B), designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), a Member” for “A Member”, and added par. (2).
Pub. L. 116–260, § 116(c)(2)(A), substituted “any mass communication” for “any mass mailing”, “matter” for “mail matter”, “House Communications Standards Commission” for “House Commission on Congressional Mailing Standards”, and “such proposed communication” for “such proposed mailing”.
Pub. L. 116–260, § 116(b)(2)(B), substituted “House Communications Standards Commission” for “House Commission on Congressional Mailing Standards”.
Subsec. (g)(3). Pub. L. 116–260, § 116(c)(2)(C), added par. (3).
2003—Subsec. (d). Pub. L. 108–83, in introductory provisions, struck out “in the House, or official expenses” after “defray official expenses” and “in the Senate” after “(excluding handheld communications devices)”.
2001—Subsec. (d). Pub. L. 107–68, in introductory provisions, inserted “in the House, or official expenses for franked mail, employee salaries, office space, furniture, or equipment and any associated information technology services (excluding handheld communications devices) in the Senate” after “expenses”.
1999—Subsec. (a)(3). Pub. L. 106–57, § 103(a)(4)(B), substituted “costs incurred for official mail by” for “costs charged against the Official Mail Allowance for”.
Subsec. (b)(2). Pub. L. 106–19 substituted “any person with an allocation under subsection (a)(2)(A) as to the amount that has been used and any person with an allocation under subsection (a)(2)(B)” for “any person with an allocation under subsection (a)(2)”.
Subsec. (e)(1). Pub. L. 106–57, § 103(a)(1)(A), in introductory provisions, substituted “The use of funds of the House of Representatives which are made available for official mail of Members, officers, and employees of the House of Representatives who are persons entitled to use the congressional frank shall be governed by regulations promulgated—” for “There is established in the House of Representatives an Official Mail Allowance for Members, officers, and employees of the House of Representatives who are persons entitled to use the congressional frank. Regulations for use of the Official Mail Allowance shall be prescribed—”.
Subsec. (e)(1)(A). Pub. L. 106–57, § 103(a)(1)(B), substituted “official mail (except as provided in subparagraph (B))” for “the Allowance”.
Subsec. (e)(2). Pub. L. 106–57, § 103(a)(2)(A), substituted “Funds used for official mail—” for “The Official Mail Allowance—” in introductory provisions.
Pub. L. 106–57, § 102, made technical correction to directory language of Pub. L. 105–275, § 104(a). See 1998 Amendment note below.
Subsec. (e)(2)(A) to (C). Pub. L. 106–57, § 103(a)(2)(B), (C), redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: “shall be available for postage for franked mail sent at a first class, third class, or fourth class rate;”.
Subsec. (e)(3). Pub. L. 106–57, § 103(a)(3), struck out par. (3) which read as follows:
“(3)(A) Subject to subparagraph (B), each Member of the House of Representatives may transfer amounts from the Members’ Representational Allowance of the Member to the Official Mail Allowance of the Member.
“(B) The total amount a Member may so transfer with respect to a session of Congress may not exceed $25,000.”
1998—Subsec. (e)(2). Pub. L. 105–275, § 104(a), as amended by Pub. L. 106–57, § 102, inserted “and” at end of subpar. (B), substituted a period for “; and” at end of subpar. (C), and struck out subpar. (D) which read as follows: “shall not be available for payment of any nonpostage fee or charge, including any fee or charge for express mail, express mail drop shipment, certified mail, registered mail, return receipt, address correction, or postal insurance.”
Subsec. (e)(4). Pub. L. 105–275, § 104(b), struck out par. (4) which read as follows: “The Members’ Representational Allowance shall be available to a Member of the House of Representatives for the payment of nonpostage fees and charges referred to in paragraph (2)(D) and for postage for mail for official business sent outside the United States.”
1996—Subsec. (a). Pub. L. 104–186, § 203(22)(B)(i), substituted “House Oversight” for “House Administration” in introductory provisions.
Subsec. (a)(3). Pub. L. 104–186, § 203(22)(A), (B)(ii), substituted “Chief Administrative Officer of the House of Representatives” for “Clerk of the House of Representatives” and “House Oversight” for “House Administration”.
Subsec. (b). Pub. L. 104–186, § 203(22)(B)(iii), substituted “House Oversight” for “House Administration” in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 104–186, § 203(22)(B)(iv), substituted “House Oversight” for “House Administration”.
Subsec. (e)(2)(A). Pub. L. 104–186, § 203(22)(B)(v), struck out “only” after “available”.
Subsec. (e)(3)(A). Pub. L. 104–186, § 203(22)(B)(vi), substituted “Members’ Representational Allowance” for “Official Expenses Allowance and the Clerk Hire Allowance”.
Subsec. (e)(4). Pub. L. 104–186, § 203(22)(B)(vii), substituted “Members’ Representational Allowance” for “Official Expenses Allowance”.
1991—Subsec. (i). Pub. L. 102–229 substituted “beginning on
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Amendment by Pub. L. 116–260 applicable with respect to communications disseminated on or after
Pub. L. 108–83, title I, § 105(b),
Amendment by section 103(a)(1)–(3), (4)(B) of Pub. L. 106–57 applicable with respect to the first session of the One Hundred Sixth Congress and each succeeding session of Congress, see section 103(c) of Pub. L. 106–57, set out as a note under section 4313 of this title.
Pub. L. 106–19, § 1(b),
Two weeks after the close of each calendar quarter, or as soon as practicable thereafter, the Sergeant at Arms and Doorkeeper of the Senate shall send to each Senate office a statement of the cost of postage and paper and of the other operating expenses incurred as a result of mass mailings processed for such Senate office during such quarter. The statement shall separately identify the cost of postage and paper and other costs, and shall distinguish the costs attributable to newsletters and all other mass mailings. The statement shall also include the total cost per capita in the State. A compilation of all such statements shall be sent to the Senate Committee on Rules and Administration. A summary tabulation of such information shall be published quarterly in the Congressional Record and included in the semiannual report of the Secretary of the Senate. Such summary tabulation shall set forth for each Senate office the following information: the Senate office’s name, the total number of pieces of mass mail mailed during the quarter, the total cost of such mail, and, in the case of Senators, the cost of such mail divided by the total population of the State from which the Senator was elected, and the total number of pieces of mass mail divided by the total population of the State from which the Senator was elected, and in the case of each Senator, the allocation made to such Senator from the appropriation for official mail expenses.
Section was formerly classified to section 59f of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 1991.
1994—Pub. L. 103–283 inserted before period at end “, and in the case of each Senator, the allocation made to such Senator from the appropriation for official mail expenses”.
Pub. L. 103–283, title I, § 3(c),
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.
Section was formerly classified to section 59g of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 1991.
The Committee on House Oversight shall prescribe such rules and regulations and shall take such other action as the Committee considers necessary and proper for Members to conform to the provisions of this subsection and applicable rules and regulations.
This section shall apply with respect to sessions of Congress beginning after
Section was formerly classified to section 59h of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 1997.
2020—Subsec. (a). Pub. L. 116–260 designated existing provisions as par. (1), substituted “one of the notices described in paragraph (2) or a notice” for “the following notice: “this mailing was prepared, published, and mailed at taxpayer expense.”, or a notice”, and added par. (2).
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Amendment by Pub. L. 116–260 applicable with respect to communications disseminated on or after
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.
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.
In carrying out the duties and functions of the Office, and for the purpose of coordinating the operations of the Office with those of other congressional agencies with a view to utilizing most effectively the information, services, and capabilities of all such agencies in carrying out the various responsibilities assigned to each, the Director is authorized to obtain information, data, estimates, and statistics developed by the Government Accountability Office,1
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.
There are authorized to be appropriated to the Office for each fiscal year such sums as may be necessary to enable it to carry out its duties and functions. Until sums are first appropriated pursuant to the preceding sentence, but for a period not exceeding 12 months following the effective date of this subsection, the expenses of the Office shall be paid from the contingent fund of the Senate, in accordance with section 6503 of this title, and upon vouchers approved by the Director.
This Act, referred to in subsec. (f), means Pub. L. 93–344,
Pub. L. 101–508, § 12302(b), transferred section 273 of Pub. L. 99–177, which was classified to section 921 of this title, to subsec. (g) (now (f)) of this section, relating to revenue estimates.
2024—Subsec. (d). Pub. L. 118–89 designated existing provisions as par. (1), substituted “(with or without written agreement) provided that the Director maintains the level of confidentiality required by law of the department, agency, establishment, or regulatory agency or commission from which it is obtained in accordance with section 603(e) of this title” for “(other than material the disclosure of which would be a violation of law)”, and added par. (2).
2019—Subsec. (a)(5)(A). Pub. L. 116–94 substituted “the maximum rate of pay in effect under section 4575(f) of this title.” for “the lower of—
“(i) the highest annual rate of compensation of any officer of the Senate; or
“(ii) the highest annual rate of compensation of any officer of the House of Representatives.”
2004—Subsec. (e). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
1999—Subsec. (a)(5). Pub. L. 106–113 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “The Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as in effect from time to time, for level III of the Executive Schedule in section 5314 of title 5. The Deputy Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as so in effect, for level IV of the Executive Schedule in section 5315 of such title.”
1997—Subsec. (a)(3). Pub. L. 105–33, § 10102(a), substituted “The term of office of the Director shall be 4 years and shall expire on January 3 of the year preceding each Presidential election.” for “The term of office of the Director first appointed shall expire at noon on
Subsec. (e). Pub. L. 105–33, § 10102(b), inserted “and” before “the Library”, struck out “and the Office of Technology Assessment,” after “Library of Congress,”, inserted “and” before “the Librarian”, and struck out “, and the Technology Assessment Board” after “Librarian of Congress”.
Subsecs. (f), (g). Pub. L. 105–33, § 10102(c), redesignated subsec. (g), relating to revenue estimates, as (f).
1990—Subsec. (f). Pub. L. 101–508, § 13202(a), redesignated subsec. (f), relating to authorization of appropriations, as (g).
Subsec. (g). Pub. L. 101–508, § 13202(a), redesignated subsec. (f), relating to authorization of appropriations, as (g).
Pub. L. 101–508, § 12302(b), (c), redesignated section 921 of this title as subsec. (g) of this section, inserted heading “Revenue estimates” and substituted “this Act” for “this title and the Congressional Budget and Impoundment Control Act of 1974”.
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Subsec. (a) effective
Pub. L. 118–89, § 1,
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 laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
It shall be the primary duty and function of the Office to provide to the Committees on the Budget of both Houses information which will assist such committees in the discharge of all matters within their jurisdictions, including (1) information with respect to the budget, appropriation bills, and other bills authorizing or providing new budget authority or tax expenditures, (2) information with respect to revenues, receipts, estimated future revenues and receipts, and changing revenue conditions, and (3) such related information as such Committees may request.
At the request of the Committee on Appropriations of either House, the Committee on Ways and Means of the House of Representatives, or the Committee on Finance of the Senate, the Office shall provide to such Committee any information which will assist it in the discharge of matters within its jurisdiction, including information described in clauses (1) and (2) of subsection (a) and such related information as the Committee may request.
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).
The Director may equip the Office with up-to-date computer capability (upon approval of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate), obtain the services of experts and consultants in computer technology, and develop techniques for the evaluation of budgetary requirements.
The Director of the Congressional Budget Office shall conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures.
1997—Subsec. (a). Pub. L. 105–33, § 10103(a), inserted “primary” before “duty” in first sentence.
Subsec. (e). Pub. L. 105–33, § 10103(b), redesignated subsec. (f) as (e) and struck out heading and text of former subsec. (e). Text of par. (1) of subsec. (e) read as follows: “The duties, functions, and personnel of the Joint Committee on Reduction of Federal Expenditures are transferred to the Office, and the Joint Committee is abolished.” Par. (2) of subsec. (e) repealed section 571 of former Title 31, Money and Finance.
Subsec. (e)(1)(C). Pub. L. 105–33, § 10103(c), added subpar. (C).
Subsecs. (f) to (h). Pub. L. 105–33, § 10103(b), redesignated subsecs. (g) and (h) as (f) and (g), respectively.
1996—Subsec. (g). Pub. L. 104–186 substituted “House Oversight” for “House Administration”.
1995—Subsec. (c)(2), (3). Pub. L. 104–4, § 102(1)(A), added par. (2) and redesignated former par. (2) as (3).
Subsec. (h). Pub. L. 104–4, § 102(1)(B), amended heading and text of subsec. (h) generally. Prior to amendment, text read as follows: “The Director shall conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures.”
1990—Subsecs. (a)(1), (f)(1). Pub. L. 101–508 substituted “new budget authority” for “budget authority” in subsec. (a)(1) and second sentence of subsec. (f)(1).
1985—Subsec. (f)(1). Pub. L. 99–177, § 221(a), substituted “February 15” for “April 1”.
Subsec. (f)(3). Pub. L. 99–177, § 221(b), added par. (3).
Subsec. (h). Pub. L. 99–177, § 221(c), added subsec. (h).
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Amendment by Pub. L. 104–4 effective
Amendment by Pub. L. 99–177 effective
Section effective on day on which first Director of Congressional Budget Office is appointed under section 601(a) of this title, see section 905(b) of Pub. L. 93–344, formerly set out as a note under section 621 of this title.
Pub. L. 100–119, title II, § 212,
Except as provided in subsections (c), (d), and (e), the Director shall make all information, data, estimates, and statistics obtained under section 601(d) and (e) of this title available for public copying during normal business hours, subject to reasonable rules and regulations, and shall to the extent practicable, at the request of any person, furnish a copy of any such information, data, estimates, or statistics upon payment by such person of the cost of making and furnishing such copy.
The Director shall develop and maintain filing, coding, and indexing systems that identify the information, data, estimates, and statistics to which subsection (a) applies and shall make such systems available for public use during normal business hours.
Subsection (a) shall apply to any information, data, estimates, and statistics obtained at the request of any committee, joint committee, or Member unless such committee, joint committee, or Member has instructed the Director not to make such information, data, estimates, or statistics available for public copying.
With respect to information, data, estimates, and statistics obtained under sections 601(d) and 601(e) of this title, the Director shall maintain the same level of confidentiality as is required by law of the department, agency, establishment, or regulatory agency or commission from which it is obtained. Officers and employees of the Congressional Budget Office shall be subject to the same statutory penalties for unauthorized disclosure or use as officers or employees of the department, agency, establishment, or regulatory agency or commission from which it is obtained.
2000—Subsec. (a). Pub. L. 106–554, § 1(a)(7) [title III, § 310(b)(2)], substituted “subsections (c), (d), and (e)” for “subsections (c) and (d)”.
Subsec. (e). Pub. L. 106–554, § 1(a)(7) [title III, § 310(b)(1)], added subsec. (e).
Section effective on day on which first Director of Congressional Budget Office is appointed under section 601(a) of this title, see section 905(b) of Pub. L. 93–344, formerly set out as a note under section 621 of this title.
Section, Pub. L. 94–440, title V, § 500,
Pub. L. 94–157, title I,
Section 4103 of this title, referred to in subsec. (a), was in the original a reference to section 903 of the Supplemental Appropriations Act, 1983, Pub. L. 98–63, title I,
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.
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 104–53, title I,
Pub. L. 103–283, title I,
Pub. L. 103–69, title I,
Pub. L. 102–392, title I,
Pub. L. 102–90, title I,
Pub. L. 101–520, title I,
Pub. L. 101–163, title I,
Pub. L. 100–458, title I,
Pub. L. 100–202, § 101(i) [title I],
Pub. L. 99–500, § 101(j) [H.R. 5203, title I],
Pub. L. 99–151, title I,
Pub. L. 98–367, title I,
In fiscal year 2018 and thereafter, for all contracts for goods and services to which the Congressional Budget Office is a party, the following Federal Acquisition Regulation (FAR) clauses will apply: FAR 52.232–39 and FAR 52.233–4.
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.
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.
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 104–53, title I,
Pub. L. 103–283, title I,
Pub. L. 103–69, title I,
2001—Subsec. (a). Pub. L. 107–68 substituted “sale, trade-in, or discarding” for “or discarding” and inserted at end “Amounts received for the sale or trade-in of personal property shall be credited to funds available for the operations of the Congressional Budget Office and be available for the costs of acquiring the same or similar property. Such funds shall be available for such purposes during the fiscal year in which received and the following fiscal year.”
Section was enacted as part of the Congressional Operations Appropriations Act, 1997, which is title I of the Legislative Branch Appropriations Act, 1997, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
Section was enacted as part of the Congressional Operations Appropriations Act, 2000, which is title I of the Legislative Branch Appropriations Act, 2000, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
The Director of the Congressional Budget Office may, by regulation, make applicable such provisions of chapter 41 of title 5 as the Director determines necessary to provide on and after
The implementing regulations shall provide for training that, in the determination of the Director, is consistent with the training provided by agencies subject to chapter 41 of title 5.
Any recovery of debt owed to the Congressional Budget Office under this section and its implementing regulations shall be credited to the appropriations account available for salaries and expenses of the Office at the time of recovery.
This section shall apply to fiscal year 2002 and each fiscal year thereafter.
Section was enacted as part of the Congressional Operations Appropriations Act, 2002, which is title I of the Legislative Branch Appropriations Act, 2002, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
The Director of the Congressional Budget Office may, in order to recruit or retain qualified personnel, establish and maintain on and after
The Director may, by regulation, make applicable such provisions of section 5379 of title 5 as the Director determines necessary to provide for such program.
The Office may not reimburse an employee for any repayments made by such employee prior to the Office entering into an agreement under this section with such employee.
Any amount repaid by, or recovered from, an individual under this section and its implementing regulations shall be credited to the appropriation account available for salaries and expenses of the Office at the time of repayment or recovery.
This section shall apply to fiscal year 2002 and each fiscal year thereafter.
Section was enacted as part of the Congressional Operations Appropriations Act, 2002, which is title I of the Legislative Branch Appropriations Act, 2002, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
The Director of the Congressional Budget Office may, by regulation, make applicable such provisions of section 3396 of title 5 as the Director determines necessary to establish a program providing opportunities for employees of the Office to engage in details or other temporary assignments in other agencies, study, or uncompensated work experience which will contribute to the employees’ development and effectiveness.
This section shall apply to fiscal year 2003 and each fiscal year thereafter.
Section was enacted as part of the Legislative Branch Appropriations Act, 2003, which is div. H of the Consolidated Appropriations Resolution, 2003, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
Pub. L. 110–161, div. H, title I, § 1201,
The Director of the Congressional Budget Office may establish and conduct an executive exchange program under which employees of the Office may be assigned to private sector organizations, and employees of private sector organizations may be assigned to the Office, for 1-year periods to further the institutional interests of the Office or Congress, including for the purpose of providing training to officers and employees of the Office.
This section shall apply to fiscal year 2008 and each fiscal year thereafter.
Section was enacted as part of the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
Section was formerly set out as a note under section 611 of this title.
2022—Subsec. (c)(5). Pub. L. 117–286 substituted “chapter 131 of title 5;” for “the Ethics in Government Act of 1978 (5 U.S.C. App.);”.
2009—Subsec. (b)(1), (2). Pub. L. 111–68, § 1201(1), substituted “5” for “3”.
Subsecs. (d), (e). Pub. L. 111–68, § 1201(2), (3), redesignated subsec. (e) as (d), substituted “This” for “Subject to subsection (d), this”, and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: “No assignment under this section shall commence after the end of the 2-year period beginning on
Notwithstanding the fourth sentence of section 601(b) of this title, the Director of the Congressional Budget Office may establish and fix the compensation of senior level positions in the Congressional Budget Office to meet critical scientific, technical, professional, or executive needs of the Office.
The annual rate of pay for any position established under this section may not exceed the annual rate of pay for level II of the Executive Schedule.
This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year.
Level II of the Executive Schedule, referred to in subsec. (b), is set out in section 5313 of Title 5, Government Organization and Employees.
Section was enacted as part of the Legislative Branch Appropriations Act, 2017, which is div. I of the Consolidated Appropriations Act, 2017, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
Section was formerly classified to section 1301 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
Pub. L. 93–344, title IX, § 905,
Pub. L. 106–141, § 1,
Pub. L. 97–108, § 1,
Pub. L. 93–344, § 1(a),
[Amendment of section 1(a) of Pub. L. 93–344, set out above, by Pub. L. 104–130 was reversed pursuant to section 5 of Pub. L. 104–130, set out as an Effective and Termination Dates note under section 691 of this title.]
Pub. L. 93–344, title V, § 500, as added Pub. L. 101–508, title XIII, § 13201(a),
Pub. L. 101–508, title XIII, § 13501,
Pub. L. 100–119, title II, § 201,
Pub. L. 100–119, title II, § 203,
Pub. L. 93–344, title IX, § 904,
[Amendment of section 904 of Pub. L. 93–344, set out above, by Pub. L. 104–130 was reversed pursuant to section 5 of Pub. L. 104–130, set out as an Effective and Termination Dates note under section 691 of this title.]
This Act, referred to in text, means Pub. L. 93–344,
Section was formerly classified to section 1302 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
2011—Par. (11). Pub. L. 112–25 added par. (11).
1997—Par. (9). Pub. L. 105–33 amended par. (9) generally. Prior to amendment, par. (9) read as follows: “The term ‘entitlement authority’ means spending authority described by section 651(c)(2)(C) of this title.”
1990—Par. (2). Pub. L. 101–508, § 13211(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term ‘budget authority’ means authority provided by law to enter into obligations which will result in immediate or future outlays involving Government funds or to collect offsetting receipts., except that such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or government. The term includes the cost for direct loan and loan guarantee programs, as those terms are defined by subchapter III of this chapter”.
Pub. L. 101–508, § 13201(b)(1), inserted at end: “The term includes the cost for direct loan and loan guarantee programs, as those terms are defined by subchapter III of this chapter”.
Pars. (6) to (8). Pub. L. 101–508, § 13112(a)(2), added pars. (6) to (8) and struck out former par. (6) which defined “deficit” and contained provisions relating to calculation of the deficit, former par. (7) which defined “maximum deficit amount”, and former par. (8) which defined “off-budget Federal entity”.
1987—Par. (7)(C). Pub. L. 100–203, § 8003(c)(1), (2), redesignated subpar. (D) as (C). Former subpar. (C), which provided for maximum deficit amount of $108,000,000,000 for fiscal year beginning
Par. (7)(D) to (I). Pub. L. 100–203, § 8003(c)(2)–(7), redesignated subpars. (E) to (I) as (D) to (H), respectively. Former subpar. (D) redesignated (C).
Pub. L. 100–119 inserted subpars. (D) to (I) and struck out former subpars. (D) to (F) which read as follows:
“(D) with respect to the fiscal year beginning
“(E) with respect to the fiscal year beginning
“(F) with respect to the fiscal year beginning
1986—Par. (6). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
1985—Par. (2). Pub. L. 99–177, § 201(a)(2), inserted reference to the collection of offsetting receipts, effective
Par. (4). Pub. L. 99–177, § 232(b), struck out subpar. (B) relating to concurrent resolutions as provided in section 641 of this title, and redesignated subpar. (C) as (B).
Pars. (6) to (10). Pub. L. 99–177, § 201(a)(1), added pars. (6) to (10).
1977—Pub. L. 95–110 struck out designation “(a)” before “For the purpose of this chapter” and struck out subsec. (b) which provided that Members of the respective Houses of Congress who were members of the Joint Committee on Atomic Energy were to be treated as standing committees of their respective Houses of Congress.
References to the food stamp program established under the Food and Nutrition Act of 2008 considered to refer to the supplemental nutrition assistance program established under that Act, see section 4002(c) of Pub. L. 110–246, set out as a note under section 2012 of Title 7, Agriculture.
Pub. L. 101–508, title XIII, § 13211(b),
Amendment by sections 201(a)(1) and 232(b) of Pub. L. 99–177 effective
Section was formerly classified to section 1303 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
The timetable with respect to the congressional budget process for any fiscal year is as follows:
On or before: | Action to be completed: |
|---|---|
First Monday in February | President submits his budget. |
February 15 | Congressional Budget Office submits report to Budget Committees. |
Not later than 6 weeks after President submits budget | Committees submit views and estimates to Budget Committees. |
April 1 | Senate Budget Committee reports concurrent resolution on the budget. |
April 15 | Congress completes action on concurrent resolution on the budget. |
May 15 | Annual appropriation bills may be considered in the House. |
June 10 | House Appropriations Committee reports last annual appropriation bill. |
June 15 | Congress completes action on reconciliation legislation. |
June 30 | House completes action on annual appropriation bills. |
October 1 | Fiscal year begins. |
Section was formerly classified to section 1321 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
1997—Pub. L. 105–33 substituted “Not later than 6 weeks after President submits budget” for “February 25”.
1990—Pub. L. 101–508 substituted “First Monday in February” for “First Monday after January 3”.
1985—Pub. L. 99–177 amended section generally. Prior to the amendment the timetable was on or before: November 10—President submits current services budget; 15th day after Congress meets—President submits his budget; March 15—Committees and joint committees submit reports to Budget Committees; April 1—Congressional Budget Office submits reports to Budget Committees; April 15—Budget Committees report first concurrent resolution on the budget to their Houses; May 15—Committees report bills and resolutions authorizing new budget authority; May 15—Congress completes action on first concurrent resolution on the budget; 7th day after Labor Day—Congress completes action on bills and resolutions providing new budget authority and new spending authority; September 15—Congress completes action on second required concurrent resolution on the budget; September 25—Congress completes action on reconciliation bill or resolution, or both, implementing second required concurrent resolution; October 1—Fiscal year begins.
Amendment by Pub. L. 99–177 effective
Subchapter applicable with respect to the fiscal year beginning
Pub. L. 112–25, title I, § 106,
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.
Within 6 weeks after the President submits a budget under section 1105(a) of title 31, or at such time as may be requested by the Committee on the Budget, each committee of the House of Representatives having legislative jurisdiction shall submit to the Committee on the Budget of the House and each committee of the Senate having legislative jurisdiction shall submit to the Committee on the Budget of the Senate its views and estimates (as determined by the committee making such submission) with respect to all matters set forth in subsections (a) and (b) which relate to matters within the jurisdiction or functions of such committee. The Joint Economic Committee shall submit to the Committees on the Budget of both Houses its recommendations as to the fiscal policy appropriate to the goals of the Employment Act of 1946 [15 U.S.C. 1021 et seq.]. Any other committee of the House of Representatives or the Senate may submit to the Committee on the Budget of its House, and any joint committee of the Congress may submit to the Committees on the Budget of both Houses, its views and estimates with respect to all matters set forth in subsections (a) and (b) which relate to matters within its jurisdiction or functions. Any Committee 1
In developing the concurrent resolution on the budget referred to in subsection (a) for each fiscal year, the Committee on the Budget of each House shall hold hearings and shall receive testimony from Members of Congress and such appropriate representatives of Federal departments and agencies, the general public, and national organizations as the committee deems desirable. Each of the recommendations as to short-term and medium-term goals set forth in the report submitted by the members of the Joint Economic Committee under subsection (d) may be considered by the Committee on the Budget of each House as part of its consideration of such concurrent resolution, and its report may reflect its views thereon, including its views on how the estimates of revenues and levels of budget authority and outlays set forth in such concurrent resolution are designed to achieve any goals it is recommending.
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.
It shall not be in order in the Senate to consider any concurrent resolution on the budget (or amendment, motion, or conference report on the resolution) that would decrease the excess of social security revenues over social security outlays in any of the fiscal years covered by the concurrent resolution. No change in chapter 1 of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] shall be treated as affecting the amount of social security revenues unless such provision changes the income tax treatment of social security benefits.
The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Internal Revenue Code of 1986, referred to in subsecs. (a) and (i), is classified generally to Title 26, Internal Revenue Code.
This Act, referred to in subsec. (b)(4), means Pub. L. 93–344,
The Employment Act of 1946, referred to in subsec. (d), is act Feb. 20, 1946, ch. 33, 60 Stat. 23, which is classified generally to chapter 21 (§ 1021 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1021 of Title 15 and Tables.
The Congressional Budget Act of 1974, referred to in subsec. (g)(3), is titles I through IX of Pub. L. 93–344,
Section was formerly classified to section 1322 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
2013—Subsec. (a). Pub. L. 113–67, § 122(2), substituted “old-age” for “old age” in concluding provisions.
Subsec. (a)(6), (7). Pub. L. 113–67, § 122(1), substituted “for purposes” for “For purposes”.
1997—Subsec. (a). Pub. L. 105–33, § 10105(a), in introductory provisions, substituted “and for at least each of the 4 ensuing fiscal years” for “, and planning levels for each of the two ensuing fiscal years,”.
Subsec. (a)(1), (4). Pub. L. 105–33, § 10105(b), substituted “and outlays” for “, budget outlays, direct loan obligations, and primary loan guarantee commitments”.
Subsec. (b)(7). Pub. L. 105–33, § 10105(c)(1), added par. (7) and struck out former par. (7) which related to setting forth pay-as-you-go procedures for the Senate.
Subsec. (b)(9). Pub. L. 105–33, § 10105(c)(2), (3), added par. (9).
Subsec. (d). Pub. L. 105–33, § 10105(d), in first sentence, inserted “or at such time as may be requested by the Committee on the Budget,” after “title 31,”.
Subsec. (e). Pub. L. 105–33, § 10105(e), designated existing provisions as par. (1), inserted par. heading, added pars. (2) and (3), and struck out former last sentence consisting of pars. (1) to (9) which contained requirements for contents of report to accompany the concurrent resolution on the budget.
Subsec. (i). Pub. L. 105–33, § 10105(f)(1), inserted heading and substituted “(or amendment, motion, or conference report on the resolution)” for “as reported to the Senate”.
1995—Subsec. (d). Pub. L. 104–4 inserted at end “Any Committee of the House of Representatives or the Senate that anticipates that the committee will consider any proposed legislation establishing, amending, or reauthorizing any Federal program likely to have a significant budgetary impact on any State, local, or tribal government, or likely to have a significant financial impact on the private sector, including any legislative proposal submitted by the executive branch likely to have such a budgetary or financial impact, shall include its views and estimates on that proposal to the Committee on the Budget of the applicable House.”
1990—Subsec. (a). Pub. L. 101–508, § 13301(b), inserted at end: “The concurrent resolution shall not include the outlays and revenue totals of the old age, survivors, and disability insurance program established under title II of the Social Security Act or the related provisions of the Internal Revenue Code of 1986 in the surplus or deficit totals required by this subsection or in any other surplus or deficit totals required by this subchapter.”
Subsec. (a)(6), (7). Pub. L. 101–508, § 13303(a), added pars. (6) and (7).
Subsec. (b)(5), (6). Pub. L. 101–508, § 13203, added pars. (5) and (6).
Subsec. (b)(7), (8). Pub. L. 101–508, § 13204, added pars. (7) and (8).
Subsec. (d). Pub. L. 101–508, § 13112(a)(5), substituted “Within 6 weeks after the President submits a budget under section 1105(a) of title 31” for “On or before February 25 of each year”.
Subsec. (i). Pub. L. 101–508, § 13303(b), amended subsec. (i) generally, substituting present provisions for former provisions relating to maximum deficit amounts.
1988—Subsec. (e)(10). Pub. L. 100–418 temporarily added par. (10). See Effective and Termination Dates of 1988 Amendment note below.
1987—Subsec. (g). Pub. L. 100–119, § 208(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “The joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall set forth the common economic assumptions upon which such joint statement and conference report are based, or upon which any amendment contained in the joint explanatory statement to be proposed by the conferees in the case of technical disagreement is based.”
Subsec. (i)(2). Pub. L. 100–119, § 106(d), designated existing provisions as subpar. (A) and added subpars. (B) and (C).
1985—Pub. L. 99–177 substituted “Adoption of concurrent resolution on the budget” for “Adoption of first concurrent resolution” in section catchline.
Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, substituting provisions relating to content of concurrent resolution on the budget, for provisions relating to action required to be completed by May 15 of each year.
Subsec. (b). Pub. L. 99–177 amended subsec. (b) generally, inserting provisions relating to achievement of goals for reducing unemployment and provisions relating to reconciliation directives described in section 641 of this title.
Subsec. (c). Pub. L. 99–177 amended subsec. (c) generally, substituting provisions relating to consideration of procedures or matters which have the effect of changing any rule of the House of Representatives, for provisions relating to submission on or before March 15 of each year of the views and estimates of other committees.
Subsec. (d). Pub. L. 99–177 amended subsec. (d) generally, substituting provisions relating to views and estimates of other committees, for provisions relating to hearings and report in developing the first concurrent resolution on the budget.
Subsec. (e). Pub. L. 99–177 amended subsec. (e) generally, substituting provisions relating to hearings and report in developing the concurrent resolution on the budget, for provisions relating to achievement of goals for reducing unemployment.
Subsecs. (f) to (i). Pub. L. 99–177, §§ 201(b), 275(b)(2)(B), in amending section generally, added subsecs. (f) to (i).
1978—Subsec. (a)(6), (7). Pub. L. 95–523, § 304(a), added par. (6) and redesignated former par. (6) as (7).
Subsec. (d). Pub. L. 95–523, § 303(a), which directed insertion in subsec. (c) provisions relating to consideration by the Committee on the Budget of each House respecting short-term and medium-term goals set forth in the Joint Economic Committee report and the reflection of its views in its report and insertion of “also” after “concurrent resolution shall” was executed to subsec. (d) to reflect the probable intent of Congress.
Subsec. (e). Pub. L. 95–523, § 304(b), added subsec. (e).
Amendment by Pub. L. 104–4 effective
Pub. L. 101–508, title XIII, § 13306,
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.
Amendment by Pub. L. 99–177 effective
Pub. L. 101–508, title XIII, § 13301(a),
Pub. L. 101–508, title XIII, § 13302,
Pub. L. 96–5, § 5,
Pub. L. 93–344, title IX, § 906,
In the House of Representatives, any item allocated to one committee may not be allocated to another committee.
In the Senate, the amount allocated to the Committee on Appropriations shall be further divided among the categories specified in section 900(c)(4) of this title and shall not exceed the limits for each category set forth in section 901(c) of this title.
In the House of Representatives or the Senate, if a committee receives no allocation of new budget authority or outlays, that committee shall be deemed to have received an allocation equal to zero for new budget authority or outlays.
As soon as practicable after a concurrent resolution on the budget is agreed to, the Committee on Appropriations of each House (after consulting with the Committee on Appropriations of the other House) shall suballocate each amount allocated to it for the budget year under subsection (a) among its subcommittees. Each Committee on Appropriations shall promptly report to its House suballocations made or revised under this subsection. The Committee on Appropriations of the House of Representatives shall further divide among its subcommittees the divisions made under subsection (a)(3)(B) and promptly report those divisions to the House.
After the Committee on Appropriations has received an allocation pursuant to subsection (a) for a fiscal year, it shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report within the jurisdiction of that committee providing new budget authority for that fiscal year, until that committee makes the suballocations required by subsection (b).
In the case of a concurrent resolution on the budget referred to in section 635 of this title, the allocations under subsection (a) and the subdivisions under subsection (b) shall be required only to the extent necessary to take into account revisions made in the most recently agreed to concurrent resolution on the budget.
At any time after a committee reports the allocations required to be made under subsection (b), such committee may report to its House an alteration of such allocations. Any alteration of such allocations must be consistent with any actions already taken by its House on legislation within the committee’s jurisdiction.
This Act, referred to in subsec. (g)(2)(B), means Pub. L. 93–344,
Section was formerly classified to section 1323 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
2013—Subsec. (g)(2)(A). Pub. L. 113–67 substituted “Committee on the Budget” for “committee on the Budget”.
1997—Subsec. (a). Pub. L. 105–33, § 10106(a), added subsec. (a) and struck out former subsec. (a) which required inclusion of certain allocations to committees of the House of Representatives and of the Senate in the joint explanatory statement accompanying a conference report on a concurrent resolution on the budget.
Subsec. (b). Pub. L. 105–33, § 10106(a), added subsec. (b) and struck out former subsec. (b) which required committees of each House to subdivide among their subcommittees the allocations of budget outlays and new budget authority allocated to them in joint explanatory statement accompanying conference report on concurrent resolution on budget and required further subdivisions of such allocations by subcommittees.
Subsec. (c). Pub. L. 105–33, § 10106(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report, providing—
“(1) new budget authority for a fiscal year; or
“(2) new spending authority as described in section 651(c)(2) of this title for a fiscal year;
within the jurisdiction of any committee which has received an appropriate allocation of such authority pursuant to subsection (a) of this section for such fiscal year, unless and until such committee makes the allocation or subdivisions required by subsection (b) of this section, in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year.”
Subsec. (f)(1). Pub. L. 105–33, § 10106(c)(1), substituted “providing new budget authority for any fiscal year” for “providing new budget authority for such fiscal year or new entitlement authority effective during such fiscal year” in introductory provisions and “applicable allocation of new budget authority made under subsection (a) or (b) for the first fiscal year or the total of fiscal years to be exceeded.” for “appropriate allocation made pursuant to subsection (b) of this section for such fiscal year of new discretionary budget authority or new entitlement authority to be exceeded.” in concluding provisions.
Subsec. (f)(2). Pub. L. 105–33, § 10106(c)(2), reenacted heading without change and amended text generally. Prior to amendment, text provided that consideration in the Senate was not in order for certain bills, joint resolutions, amendments, motions, or conference reports that provided for budget outlays, new budget authority, or new spending authority in excess of certain allocations.
Subsec. (g). Pub. L. 105–33, § 10106(d), amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: “For purposes of this section, the levels of new budget authority, spending authority as described in section 651(c)(2) of this title, outlays, and new credit authority for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or the Senate, as the case may be.”
1990—Subsec. (a)(1). Pub. L. 101–508, § 13201(b)(3)(A), substituted “and total entitlement authority” for “total entitlement authority, and total credit authority”, “or such entitlement authority” for “such entitlement authority, or such credit authority”, and “and entitlement authority” for “entitlement authority, and credit authority”.
Subsec. (a)(2). Pub. L. 101–508, § 13303(c)(1), inserted “social security outlays for the fiscal year of the resolution and for each of the 4 succeeding fiscal years,” after “appropriate levels of”.
Pub. L. 101–508, § 13201(b)(3)(B), substituted “total budget outlays and total new budget authority” for “total budget outlays, total new budget authority and new credit authority”.
Pub. L. 101–508, § 13112(a)(6), struck out “the House of Representatives and” after “among each committee of”.
Subsec. (b)(1)(A). Pub. L. 101–508, § 13201(b)(3)(C), substituted “budget outlays and new budget authority” for “budget outlays, new budget authority, and new credit authority”.
Subsec. (c). Pub. L. 101–508, § 13207(a)(1)(A), substituted “bill, joint resolution, amendment, motion, or conference report” for “bill or resolution, or amendment thereto”.
Subsec. (c)(3). Pub. L. 101–508, § 13201(b)(3)(D), struck out par. (3) which read as follows: “new credit authority for a fiscal year;”.
Subsec. (f)(1). Pub. L. 101–508, § 13207(a)(1)(B), inserted “joint” before “resolution” the second and third places appearing in introductory provisions.
Pub. L. 101–508, § 13201(b)(3)(E), substituted “year or new entitlement authority effective during such fiscal year,” for “year, new entitlement authority effective during such fiscal year, or new credit authority for such fiscal year,” in introductory provisions and “authority or new entitlement authority” for “authority, new entitlement authority, or new credit authority” in closing provisions.
Subsec. (f)(2). Pub. L. 101–508, § 13303(c)(3), inserted three sentences at end beginning with “In applying this paragraph—”.
Pub. L. 101–508, § 13303(c)(2), which directed the insertion of “or provides for social security outlays in excess of the appropriate allocation of social security outlays under subsection (a) of this section for the fiscal year of the resolution or for the total of that year and the 4 succeeding fiscal years” before the period, was executed by making the insertion before the period at end of first sentence, as the probable intent of Congress, in view of the applicability of the amendment. See Effective and Termination Dates of 1990 Amendment note below.
Pub. L. 101–508, § 13207(a)(2), substituted “outlays, new budget authority, or new spending authority (as defined in section 651(c)(2) of this title)” for “outlays or new budget authority”.
Pub. L. 101–508, § 13207(a)(1)(B), substituted “bill, joint resolution, amendment, motion, or conference report” for “bill or resolution (including a conference report thereon), or any amendment to a bill or resolution”.
Pub. L. 101–508, § 13201(b)(2), temporarily inserted “or new credit authority” after “new budget authority”. See Effective and Termination Dates of 1990 Amendment note below.
Pub. L. 101–508, § 13112(a)(7), inserted “(A)” after “in excess of”, substituted “under subsection (a) of this section, or (B) the appropriate allocation (if any) of such outlays or authority reported under subsection (b) of this section” for “under subsection (b) of this section”, and inserted after first sentence “Subparagraph (A) shall not apply to any bill, resolution, amendment, motion, or conference report that is within the jurisdiction of the Committee on Appropriations.”
1985—Pub. L. 99–177 substituted “Committee allocations” for “Matters to be included in joint statement of managers; reports by committees” in section catchline.
Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, providing for separate provisions relating to allocations of totals for the House of Representatives and for the Senate, with respect to the joint explanatory statement accompanying the conference report on a concurrent resolution on the budget.
Subsec. (b). Pub. L. 99–177 amended subsec. (b) generally, inserting applicability to new credit authority.
Subsec. (c). Pub. L. 99–177 amended subsec. (c) generally, substituting provisions relating to point of order for provisions relating to subsequent concurrent resolutions.
Subsecs. (d) to (g). Pub. L. 99–177, in amending section generally, added subsecs. (d) to (g).
Pub. L. 101–508, title XIII, § 13201(b)(2),
Pub. L. 101–508, title XIII, § 13201(b)(3),
Amendment by section 13303(c) of Pub. L. 101–508 applicable with respect to fiscal years beginning on or after
Amendment by Pub. L. 99–177 effective
Until the concurrent resolution on the budget for a fiscal year has been agreed to and an allocation has been made to the Committee on Appropriations of the Senate under section 633(a) of this title for that year, it shall not be in order in the Senate to consider any appropriation bill or joint resolution, amendment or motion thereto, or conference report thereon for that year or any subsequent year.
Paragraph (1) does not apply to appropriations legislation making advance appropriations for the first or second fiscal year after the year the allocation referred to in that paragraph is made.
Section was formerly classified to section 1324 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
1997—Pub. L. 105–33 amended section catchline and text generally. Prior to amendment, text provided that concurrent resolution on the budget must be adopted before legislation providing new budget authority, new spending authority, new credit authority, or changes in revenues or public debt limit could be considered.
1990—Subsec. (a). Pub. L. 101–508, § 13207(a)(1)(C), substituted “bill, joint resolution, amendment, motion, or conference report” for “bill or resolution (or amendment thereto)”.
Pub. L. 101–508, § 13205(a)(4), inserted “(or, in the Senate, a concurrent resolution on the budget covering such fiscal year)” after “fiscal year” in closing provisions.
Subsec. (a)(5), (6). Pub. L. 101–508, § 13205(a)(1)–(3), added pars. (5) and (6) and struck out former par. (5) which read as follows: “new credit authority for a fiscal year,”.
Subsec. (b). Pub. L. 101–508, § 13205(b), designated existing provisions as par. (1) and substituted “In the House of Representatives, subsection (a)” for “Subsection (a)”, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).
1985—Pub. L. 99–177 inserted reference to new credit authority in section catchline.
Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, substituting provisions respecting new entitlement authority or new credit authority, for provisions respecting new spending authority.
Subsec. (b). Pub. L. 99–177 amended subsec. (b) generally, inserting provisions relating to applicability of subsec. (a) after May 15 of any calendar year.
Subsec. (c). Pub. L. 99–177 amended subsec. (c) generally, inserting references to amendments of bills or resolutions wherever appearing.
Amendment by Pub. L. 99–177 effective
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.
Section was formerly classified to section 1325 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
1997—Pub. L. 105–33 designated subsec. (a) as entire section and struck out subsec. (a) heading “In general” and subsec. (b) heading and text. Prior to amendment, text of subsec. (b) read as follows: “The provisions of section 632(g) of this title shall apply with respect to concurrent resolutions on the budget under this section (and amendments thereto and conference reports thereon) in the same way they apply to concurrent resolutions on the budget under such section 632(g) of this title (and amendments thereto and conference reports thereon).”
1990—Subsecs. (b), (c). Pub. L. 101–508 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “The provisions of section 632(i) of this title shall apply with respect to concurrent resolutions on the budget under this section (and amendments thereto and conference reports thereon) in the same way they apply to concurrent resolutions on the budget under such section 632(i) of this title (and amendments thereto and conference reports thereon).”
1987—Subsec. (c). Pub. L. 100–119 added subsec. (c).
1985—Pub. L. 99–177, in amending section generally, inserted “Permissible” before “revisions” in section catchline, designated existing provisions as subsec. (a), struck out “first” after “after the”, and added subsec. (b).
Amendment by Pub. L. 99–177 effective
This Act, referred to in subsec. (b)(4), means Pub. L. 93–344,
Section was formerly classified to section 1326 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
2013—Subsec. (a)(1). Pub. L. 113–67, § 122(4), substituted “clause 4 of rule XIII” for “clause 2(l)(6) of rule XI”.
Subsec. (a)(5). Pub. L. 113–67, § 122(5), substituted “provisions of rule XVIII” for “provisions of rule XXIII”.
Subsec. (b)(1). Pub. L. 113–67, § 122(6), substituted “section 635” for “section 635(a)”.
1997—Subsec. (a)(1). Pub. L. 105–33 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “When the Committee on the Budget of the House of Representatives has reported any concurrent resolution on the budget, it is in order at any time after the fifth day (excluding Saturdays, Sundays, and legal holidays) following the day on which the report upon such resolution by the Committee on the Budget has been available to Members of the House and, if applicable, after the first day (excluding Saturdays, Sundays, and legal holidays) following the day on which a report upon such resolution by the Committee on Rules pursuant to section 632(c) of this title has been available to Members of the House (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the concurrent resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.”
1990—Subsec. (c)(1). Pub. L. 101–508, § 13209(1), struck out at beginning “The conference report on any concurrent resolution on the budget shall be in order in the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such conference report is reported and is available to Members of the Senate.” and inserted “on any concurrent resolution on the budget (or a reconciliation bill or resolution)” after “consideration of the conference report”.
Subsec. (c)(2). Pub. L. 101–508, § 13209(2), inserted “(or a message between Houses)” after “conference report” wherever appearing.
Subsecs. (d), (e). Pub. L. 101–508, § 13210(1), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “If at the end of 7 days (excluding Saturdays, Sundays, and legal holidays) after the conferees of both Houses have been appointed to a committee of conference on a concurrent resolution on the budget, the conferees are unable to reach agreement with respect to all matters in disagreement between the two Houses, then the conferees shall submit to their respective Houses, on the first day thereafter on which their House is in session—
“(1) a conference report recommending those matters on which they have agreed and reporting in disagreement those matters on which they have not agreed; or
“(2) a conference report in disagreement, if the matter in disagreement is an amendment which strikes out the entire text of the concurrent resolution and inserts a substitute text.”
1987—Subsec. (c)(2). Pub. L. 100–203, § 8003(d), inserted a comma after “therewith”.
Pub. L. 100–119 inserted “and all amendments in disagreement, and all amendments thereto, and debatable motions and appeals in connection therewith” after “budget,”.
1985—Subsec. (a). Pub. L. 99–177, in amending subsec. (a) generally, in par. (1) inserted provisions relating to applicability of report after first day and substituted “fifth day” for “tenth day”, in par. (3) struck out “first” before “concurrent”, in par. (5) substituted “considered for” for “read for”, struck out par. (7) relating to motions to postpone, and redesignated par. (8) as (7).
Subsec. (b). Pub. L. 99–177, in amending subsec. (b) generally, in par. (1) substituted “any concurrent” for “the second required concurrent” and “635(a)” for “641(a)”, in par. (3) struck out “first” before “concurrent”, and in par. (4) inserted provisions relating to applicability of other limitations of this Act.
Subsecs. (c) to (e). Pub. L. 99–177, in amending section generally, reenacted subsecs. (c) to (e) without change.
1978—Subsec. (a). Pub. L. 95–523, § 303(b), inserted in par. (2) “, plus such additional hours of debate as are consumed pursuant to paragraph (3)” after “and minority parties”, added pars. (3) and (4) and redesignated existing pars. (3) to (6) as (6) to (9), respectively. Existing pars. (3) to (6) were renumbered (5) to (8), respectively, as the probable intent of Congress, notwithstanding the language of section 303(b)(2) of Pub. L. 95–523 directing that existing pars. (3) to (6) be redesignated (6) to (9), respectively.
Subsec. (b). Pub. L. 95–523, § 303(c), added pars. (3) and (4) and redesignated existing pars. (3) and (4) as (6) and (7), respectively. Existing pars. (3) and (4) were renumbered (5) and (6), respectively, as the probable intent of Congress, notwithstanding the language of section 303(c)(1) of Pub. L. 95–523 directing that existing pars. (3) and (4) be redesignated (6) and (7), respectively.
Amendment by Pub. L. 99–177 effective
In the Senate, no bill, resolution, amendment, motion, or conference report, dealing with any matter which is within the jurisdiction of the Committee on the Budget shall be considered unless it is a bill or resolution which has been reported by the Committee on the Budget (or from the consideration of which such committee has been discharged) or unless it is an amendment to such a bill or resolution.
In the House of Representatives, no bill or joint resolution, or amendment thereto, or conference report thereon, dealing with any matter which is within the jurisdiction of the Committee on the Budget shall be considered unless it is a bill or joint resolution which has been reported by the Committee on the Budget (or from the consideration of which such committee has been discharged) or unless it is an amendment to such a bill or joint resolution.
Section was formerly classified to section 1327 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
2013—Pub. L. 113–67 designated existing provisions as subsec. (a) and inserted heading, substituted “In the Senate, no” for “No”, struck out “of either House” after “jurisdiction of the Committee on the Budget”, “in that House” after “shall be considered”, and “of that House” after “reported by the Committee on the Budget”, and added subsec. (b).
1990—Pub. L. 101–508 substituted “bill, resolution, amendment, motion, or conference report” for “bill or resolution, and no amendment to any bill or resolution”.
1985—Pub. L. 99–177 reenacted section without change.
Amendment by Pub. L. 99–177 effective
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.
Section was formerly classified to section 1328 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
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.”
Amendment by Pub. L. 99–177 effective
Estimates under this section shall be provided in accordance with the scorekeeping guidelines determined under section 902(d)(5) of this title.
Section was formerly classified to section 1329 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
2013—Subsec. (d). Pub. L. 113–67 made technical amendment to heading in original Act.
2010—Subsec. (a). Pub. L. 111–139, § 4(b)(1)(B), struck out “Reports on” before “Legislation” in heading.
Subsec. (a)(3). Pub. L. 111–139, § 4(b)(1)(A), added par. (3).
Subsec. (d). Pub. L. 111–139, § 4(b)(2), added subsec. (d).
1997—Subsec. (a). Pub. L. 105–33, § 10110(1)(A), struck out “, new spending authority, or new credit authority,” after “new budget authority” in heading.
Subsec. (a)(1). Pub. L. 105–33, § 10110(4), in introductory provisions, substituted “bill or joint resolution” for “bill or resolution” in two places.
Pub. L. 105–33, § 10110(1)(D), in introductory provisions, struck out “, new spending authority described in section 651(c)(2) of this title, or new credit authority,” after “continuing appropriations)”.
Subsec. (a)(1)(B). Pub. L. 105–33, § 10110(1)(C), substituted “revenues, or tax expenditures” for “spending authority, revenues, tax expenditures, direct loan obligations, or primary loan guarantee commitments”.
Pub. L. 105–33, § 10110(1)(B), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “including an identification of any new spending authority described in section 651(c)(2) of this title which is contained in such measure and a justification for the use of such financing method instead of annual appropriations;”.
Subsec. (a)(1)(C), (D). Pub. L. 105–33, § 10110(1)(B), redesignated subpars. (C) and (D) as (B) and (C), respectively.
Subsec. (a)(2). Pub. L. 105–33, § 10110(4), substituted “bill or joint resolution” for “bill or resolution”.
Pub. L. 105–33, § 10110(1)(D), struck out “, new spending authority described in section 651(c)(2) of this title, or new credit authority,” after “continuing appropriations)”.
Subsec. (b)(1). Pub. L. 105–33, § 10110(4), substituted “bills and joint resolutions” for “bills and resolutions” in two places.
Pub. L. 105–33, § 10110(2), struck out “, new spending authority described in section 651(c)(2) of this title, or new credit authority,” after “new budget authority”.
Subsec. (c)(3) to (5). Pub. L. 105–33, § 10110(3), inserted “and” at end of par. (3), substituted a period for “; and” at end of par. (4), and struck out par. (5) which read as follows: “credit authority for each fiscal year in such period.”
1990—Subsec. (a)(1). Pub. L. 101–508, § 13206(a)(1), inserted “(or fiscal years)” after “fiscal year” in introductory provisions and in subpars. (A) and (C).
Subsec. (a)(2). Pub. L. 101–508, § 13206(b), inserted “(or fiscal years)” after “fiscal year”.
Subsec. (b)(1). Pub. L. 101–508, § 13206(c), substituted “for each fiscal year covered by a concurrent resolution on the budget” for “for a fiscal year” in first sentence, and “the first fiscal year covered by the appropriate concurrent resolution” for “such fiscal year” in second sentence.
1985—Subsec. (a). Pub. L. 99–177, in amending subsec. (a) generally, designated existing provisions as par. (1), substituted provisions relating to reports on legislation providing new budget authority, new spending authority, or new credit authority, or providing an increase or decrease in revenues or tax expenditures, for provisions relating to reports on legislation providing new budget authority or tax expenditures, and added par. (2).
Subsec. (b). Pub. L. 99–177, in amending subsec. (b) generally, designated existing provisions as par. (1), substituted provisions relating to issuance of reports on a monthly basis and contents of such reports, for provisions relating to issuance of reports on a periodic basis and contents of such reports, and added par. (2).
Subsec. (c). Pub. L. 99–177 amended subsec. (c) generally, adding pars. (4) and (5).
Amendment by Pub. L. 99–177 effective
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.
Section was formerly classified to section 1330 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
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.”
Amendment by Pub. L. 99–177 effective
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.
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.].
The Social Security Act, referred to in subsec. (g), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Section was formerly classified to section 1331 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
2013—Subsec. (c)(1)(A)(i). Pub. L. 113–67, which directed amendment of cl. (i) by substituting “under that paragraph by more than—” for “under that paragraph by more than”, was executed by making the substitution for “under such paragraph by more than” to reflect the probable intent of Congress.
Subsec. (c)(1)(A)(ii). Pub. L. 113–67 substituted “under that paragraph by more than—” for “under that paragraph by more than”.
1997—Subsec. (c)(1)(A)(i). Pub. L. 105–33, § 10111(1), substituted subcls. (I) and (II) for “20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection, and”.
Subsec. (c)(1)(A)(ii). Pub. L. 105–33, § 10111(2), substituted subcls. (I) and (II) for “20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection; and”.
1990—Subsec. (a)(4). Pub. L. 101–508, § 13207(d), inserted before period at end “(including a direction to achieve deficit reduction)”.
Subsec. (c). Pub. L. 101–508, § 13207(c), designated existing provisions as par. (1), redesignated former par. (1) and subpars. (A) and (B) thereof as subpar. (A) and cls. (i) and (ii), respectively, redesignated former par. (2) as subpar. (B) of par. (1), and added par. (2).
Subsec. (f). Pub. L. 101–508, § 13210(2), struck out par. (1) heading “In general” and text which directed Congress to complete action on any reconciliation bill or reconciliation resolution reported under subsec. (b) of this section not later than June 15 of each year, and struck out the par. (2) designation and heading “Point of order in the House of Representatives”.
Subsec. (g). Pub. L. 101–508, § 13112(a)(9), substituted “joint resolution pursuant” for “resolution pursuant” and “section 907d of this title” for “section 904(b) of this title”.
1985—Pub. L. 99–177 substituted “Reconciliation” for “Second required concurrent resolution and reconciliation process” in section catchline.
Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, inserting provisions relating to new entitlement authority and credit authority, and deleting provision that any such concurrent resolution could be reported, and the report accompanying it could be filed, in either House notwithstanding that that House was not in session on the day on which such concurrent resolution is reported.
Subsec. (b). Pub. L. 99–177 amended subsec. (b) generally, substituting provisions relating to legislative procedure respecting concurrent resolutions with directives to committees to determine and recommend changes in laws, etc., for provisions relating to completion of action on concurrent resolutions.
Subsec. (c). Pub. L. 99–177 amended subsec. (c) generally, substituting provisions relating to compliance with reconciliation directives, for provisions relating to the reconciliation process.
Subsec. (d). Pub. L. 99–177 amended subsec. (d) generally, substituting provisions relating to limitations on amendments to reconciliation bills and resolutions, for provisions relating to completion of the reconciliation process.
Subsec. (e). Pub. L. 99–177 amended subsec. (e) generally, substituting references to subsec. (b) for references to subsec. (c) wherever appearing, and deleting references to reconciliation resolutions.
Subsec. (f). Pub. L. 99–177 amended subsec. (f) generally, inserting provision that Congress complete action on reconciliation bills or resolutions reported under subsec. (b) not later than June 15 of each year and revising provisions relating to adjournment periods of the House of Representatives with respect to completion of action on fiscal year reconciliation legislation.
Subsec. (g). Pub. L. 99–177, in amending section generally, added subsec. (g).
Amendment by Pub. L. 99–177 effective
After a concurrent resolution on the budget is agreed to, it shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause a decrease in social security surpluses or an increase in social security deficits relative to the levels set forth in the applicable resolution for the first fiscal year or for the total of that fiscal year and the ensuing fiscal years for which allocations are provided under section 633(a) of this title.
For purposes of subsection (a)(3), social security surpluses equal the excess of social security revenues over social security outlays in a fiscal year or years with such an excess and social security deficits equal the excess of social security outlays over social security revenues in a fiscal year or years with such an excess.
For purposes of subsection (a)(3), no provision of any legislation involving a change in chapter 1 of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] shall be treated as affecting the amount of social security revenues or outlays unless that provision changes the income tax treatment of social security benefits.
The Internal Revenue Code of 1986, referred to in subsec. (b)(2), is classified generally to Title 26, Internal Revenue Code.
Section was formerly classified to section 1332 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
1997—Pub. L. 105–33 amended section catchline and text generally. Prior to amendment, section provided that new budget authority, new spending authority, and revenue legislation had to be within appropriate levels.
1990—Subsec. (a). Pub. L. 101–508, § 13303(d), designated existing provisions as par. (1), redesignated former pars. (1) to (3) thereof as subpars. (A) to (C), respectively, and added par. (2).
Pub. L. 101–508, § 13207(a)(1)(E), substituted “bill, joint resolution, amendment, motion, or conference report” for “bill, resolution, or amendment” and struck out “or any conference report on any such bill or resolution” after “reducing revenues for such fiscal year,”.
Pub. L. 101–508, § 13112(a)(10), in closing provisions, substituted “except in the case that a declaration of war by the Congress is in effect” for “or, in the Senate, would otherwise result in a deficit for such fiscal year that—
“(A) for fiscal year 1989 or any subsequent fiscal year, exceeds the maximum deficit amount specified for such fiscal year in section 622(7) of this title; and
“(B) for fiscal year 1988 or 1989, exceeds the amount of the estimated deficit for such fiscal year based on laws and regulations in effect on January 1 of the calendar year in which such fiscal year begins as measured using the budget baseline specified in section 901(a)(6) of this title minus $23,000,000,000 for fiscal year 1988 or $36,000,000,000 for fiscal year 1989;
except to the extent that paragraph (1) of section 632(i) of this title or section 635(b) of this title, as the case may be, does not apply by reason of paragraph (2) of such subsection.”
1987—Subsec. (a). Pub. L. 100–119 substituted “would otherwise result in a deficit for such fiscal year that—
“(A) for fiscal year 1989 or any subsequent fiscal year, exceeds the maximum deficit amount specified for such fiscal year in section 622(7) of this title; and
“(B) for fiscal year 1988 or 1989, exceeds the amount of the estimated deficit for such fiscal year based on laws and regulations in effect on January 1 of the calendar year in which such fiscal year begins as measured using the budget baseline specified in section 901(a)(6) of this title minus $23,000,000,000 for fiscal year 1988 or $36,000,000,000 for fiscal year 1989;
except to the extent that paragraph (1) of section 632(i) of this title or section 635(b) of this title, as the case may be, does not apply by reason of paragraph (2) of such subsection” for “would otherwise result in a deficit for such fiscal year that exceeds the maximum deficit amount specified for such fiscal year in section 622(7) of this title (except to the extent that paragraph (1) of section 632(i) of this title or section 635(b) of this title, as the case may be, does not apply by reason of paragraph (2) of such subsection)”.
1985—Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, striking out references to sections 641 and 651 of this title, and inserting provisions relating to nonconsideration in Senate of any bill, resolution, etc., resulting in a fiscal year deficit exceeding maximum deficit amount specified in section 622(7) of this title, with certain exceptions.
Subsec. (b). Pub. L. 99–177 amended subsec. (b) generally, substituting provisions setting forth exceptions in the House of Representatives for certain bills, etc., under subsec. (a) of this section, for provisions relating to determination of outlays and revenues.
Subsec. (c). Pub. L. 99–177, in amending section generally, added subsec. (c).
Amendment by section 13303(d) of Pub. L. 101–508 applicable with respect to fiscal years beginning on or after
Amendment by Pub. L. 99–177 effective
For purposes of this subchapter and subchapter II, the levels of new budget authority, outlays, direct spending, new entitlement authority, and revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or the Senate, as applicable.
Except as otherwise provided in this subsection, it shall not be in order in the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that would exceed any of the discretionary spending limits in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(c)].
This subsection shall not apply if a declaration of war by the Congress is in effect or if a joint resolution pursuant to section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 907a] has been enacted.
A point of order under this Act may not be raised against a bill, resolution, amendment, motion, or conference report while an amendment or motion, the adoption of which would remedy the violation of this Act, is pending before the Senate.
Each provision of this Act that establishes a point of order against an amendment also establishes a point of order in the Senate against an amendment between the Houses. If a point of order under this Act is raised in the Senate against an amendment between the Houses and the point of order is sustained, the effect shall be the same as if the Senate had disagreed to the amendment.
In the Senate, if a point of order under this Act against a bill or resolution is sustained, the Presiding Officer shall then recommit the bill or resolution to the committee of appropriate jurisdiction for further consideration.
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (c), is title II of Pub. L. 99–177,
This Act, referred to in subsecs. (d) to (f), means Pub. L. 93–344,
1997—Pub. L. 105–33 amended section catchline and text generally. Prior to amendment, section consisted of subsecs. (a) and (b) and provided that each provision of this Act that established point of order against an amendment also established point of order in Senate against an amendment between Houses and prescribed effect of sustaining point of order against an amendment or bill under this Act.
When the Senate is considering a reconciliation bill or a reconciliation resolution pursuant to section 641 of this title (whether that bill or resolution originated in the Senate or the House) or section 907d of this title, upon a point of order being made by any Senator against material extraneous to the instructions to a committee which is contained in any title or provision of the bill or resolution or offered as an amendment to the bill or resolution, and the point of order is sustained by the Chair, any part of said title or provision that contains material extraneous to the instructions to said Committee as defined in subsection (b) shall be deemed stricken from the bill and may not be offered as an amendment from the floor.
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.
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.
Prior to redesignation by Pub. L. 101–508, this section was section 20001 of Pub. L. 99–272, which was not classified to the Code, and subsec. (c) (now (d)) of this section (relating to point of order) was subsec. (a) of the first section of Senate Resolution No. 286, Ninety-ninth Congress,
1997—Subsec. (c). Pub. L. 105–33, § 10113(b)(1)(A), redesignated subsec. (c), relating to point of order, as (d).
Subsec. (d). Pub. L. 105–33, § 10113(b)(1)(A), redesignated subsec. (c), relating to point of order, as (d) and inserted heading. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 105–33, § 10113(b)(1)(B), redesignated subsec. (d) as (e) and struck out heading and text of former subsec. (e). Text read as follows: “For purposes of this section, the levels of new budget authority, budget outlays, new entitlement authority, and revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the Senate.”
1990—Pub. L. 101–508, § 13214(b)(2)(A), inserted “Extraneous matter in reconciliation legislation” as section catchline.
Pub. L. 101–508, § 13214(b)(1), redesignated section 20001 of Pub. L. 99–272 as this section.
Subsec. (a). Pub. L. 101–508, § 13214(a)(1)(A), inserted heading “In general”.
Pub. L. 101–508, § 13214(b)(4)(B), substituted “subsection (b)” for “subsection (d)”.
Pub. L. 101–508, § 13214(b)(4)(A), made technical amendment to reference to section 641 of this title to reflect change in reference to corresponding section of original act.
Pub. L. 101–508, § 13214(b)(2)(B), struck out at end “An affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section, as well as to waive or suspend the provisions of this subsection.”
Pub. L. 101–508, § 13214(a)(1)(B), inserted “(whether that bill or resolution originated in the Senate or the House) or section 907d of this title” after “section 641 of this title”.
Subsec. (b). Pub. L. 101–508, § 13214(b)(2)(B), (C), redesignated subsec. (d) as (b) and struck out former subsec. (b) which provided that no motion to waive or suspend the requirement of section 636(b)(2) of this title, as it related to germaneness with respect to a reconciliation bill or resolution, could be agreed to unless supported by an affirmative vote of three-fifths of the Members, duly chosen and sworn, which super-majority was to be required to successfully appeal the ruling of the Chair on a point of order raised under that section, as well as to waive or suspend the provisions of this subsection.
Pub. L. 101–508, § 13214(a)(2), inserted heading “Extraneous provisions”.
Subsec. (b)(1)(A). Pub. L. 101–508, § 13214(b)(4)(A), made technical amendment to reference to section 641 of this title to reflect change in reference to corresponding section of original act.
Pub. L. 101–508, § 13214(a)(3), inserted before semicolon “(but a provision in which outlay decreases or revenue increases exactly offset outlay increases or revenue decreases shall not be considered extraneous by virtue of this subparagraph)”.
Subsec. (b)(1)(F). Pub. L. 101–508, § 13214(a)(4)–(6), added subpar. (F).
Subsec. (b)(2). Pub. L. 101–508, § 13214(a)(7), substituted “A Senate-originated provision” for “A provision”.
Subsec. (b)(2)(C). Pub. L. 101–508, § 13214(b)(4)(C), inserted “or” after “scorekeeping purposes;”.
Subsec. (c). Pub. L. 101–508, § 13214(b)(4)(F), which directed the substitution of “this subsection” for “this resolution” in par. (2), was executed to last sentence of subsec. (c) as the probable intent of Congress.
Pub. L. 101–508, § 13214(b)(4)(E), substituted “(b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F)” for “(d)(1)(A) or (d)(1)(D) of section 20001 of the Consolidated Omnibus Budget Reconciliation Act of 1985”.
Pub. L. 101–508, § 13214(b)(4)(D), substituted “When” for “when”.
Pub. L. 101–508, § 13214(b)(4)(A), made technical amendment to reference to section 641 of this title to reflect change in reference to corresponding section of original act.
Pub. L. 101–508, § 13214(b)(3), redesignated as subsec. (c), relating to point of order, subsec. (a) of the first section of Senate Resolution No. 286, Ninety-ninth Congress,
Pub. L. 101–508, § 13214(b)(2)(C), redesignated subsec. (e), relating to extraneous materials, as (c).
Pub. L. 101–508, § 13214(b)(2)(B), struck out subsec. (c) which provided for effective and termination dates of this section.
Subsec. (d). Pub. L. 101–508, § 13214(b)(2)(C), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (b).
Subsecs. (e) to (g). Pub. L. 101–508, § 13214(a)(8), (b)(2)(C), added subsecs. (e) to (g) and redesignated them as subsecs. (c) to (e), respectively.
1987—Subsec. (c). Pub. L. 100–119, § 205(a), substituted “
Subsec. (d)(1)(E). Pub. L. 100–119, § 205(b), which directed that cl. (E) be added to subsec. (d)(1)(A), was executed to subsec. (d)(1), as the probable intent of Congress.
1986—Subsec. (c). Pub. L. 99–509, § 7006(b), substituted “
Pub. L. 99–509, § 7006(c), substituted “section 20001” for “section 1201” in Senate Resolution No. 286, Ninety-ninth Congress,
Subsec. (d)(2). Pub. L. 99–509, § 7006(a)(1), substituted “paragraph (1)(A) if the Chairman and Ranking Minority Member of the Committee on the Budget and the Chairman and Ranking Minority Member of the Committee which reported the provision certify that” for “(1)(A) above if” in introductory provisions.
Subsec. (d)(2)(A). Pub. L. 99–509, § 7006(a)(2), substituted “the provision mitigates” for “it is designed to mitigate the”.
Subsec. (d)(2)(B). Pub. L. 99–509, § 7006(a)(3), substituted “the provision” for “it”.
Subsec. (d)(3). Pub. L. 99–509, § 7006(a)(4), added par. (3).
After the reporting of a bill or joint resolution or the offering of an amendment thereto or the submission of a conference report thereon, the chairman of the Committee on the Budget of the House of Representatives or the Senate may make appropriate budgetary adjustments of new budget authority and the outlays flowing therefrom in the same amount as required by section 901(b) of this title.
Following any adjustment made under subsection (a), the Committees on Appropriations of the Senate and the House of Representatives may report appropriately revised suballocations under section 633(b) of this title to carry out this section.
When the Senate is considering a bill, resolution, amendment, motion, amendment between the Houses, or conference report, if a point of order is made by a Senator against an emergency designation in that measure, that provision making such a designation shall be stricken from the measure and may not be offered as an amendment from the floor.
Paragraph (1) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.
Appeals in the Senate from the decisions of the Chair relating to any provision of this subsection shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection.
For purposes of paragraph (1), a provision shall be considered an emergency designation if it designates any item pursuant to section 901(b)(2)(A)(i) of this title.
A point of order under paragraph (1) may be raised by a Senator as provided in section 644(e) of this title.
When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill, upon a point of order being made by any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report shall be deemed stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order.
It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause the discretionary spending limits as set forth in section 901 of this title to be exceeded.
If the Committee on Appropriations of either House reports an appropriation measure for any of fiscal years 2022 through 2027 that provides budget authority for grants under section 506 of title 42, or if a conference committee submits a conference report thereon, the chairman of the Committee on the Budget of the House of Representatives or the Senate shall make the adjustments referred to in subparagraph (B) to reflect the additional new budget authority provided for such grants in that measure or conference report and the outlays resulting therefrom, consistent with subparagraph (D).
The adjusted discretionary spending limits, allocations, and aggregates under this paragraph shall be considered the appropriate limits, allocations, and aggregates for purposes of congressional enforcement of this Act and concurrent budget resolutions under this Act.
As used in this subsection, the term “additional new budget authority” means the amount provided for a fiscal year, in excess of $117,000,000, in an appropriation measure or conference report (as the case may be) and specified to pay for grants to States under section 506 of title 42.
Following any adjustment made under paragraph (1), the Committees on Appropriations of the Senate and the House of Representatives may report appropriately revised suballocations pursuant to section 633(b) of this title to carry out this subsection.
This Act, referred to in subsec. (g)(1)(C), is Pub. L. 115–123,
2018—Subsec. (g). Pub. L. 115–123 added subsec. (g).
2013—Subsec. (d)(2). Pub. L. 113–67 redesignated subpar. (B) as (A) and substituted “under paragraph (1)” for “under subparagraph (A)”, redesignated subpar. (C) as (B) and substituted “under subparagraph (A)” for “under subparagraph (B)”, and struck out former subpar. (A) which read as follows: “In the House of Representatives, if a reported bill or joint resolution, or amendment thereto or conference report thereon, contains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as an emergency pursuant to paragraph (1), the chair of the Committee on the Budget shall not count the budgetary effects of such provision for purposes of this subchapter and subchapter II and the Rules of the House of Representatives.”
2011—Subsec. (a). Pub. L. 112–25, § 105(a)(1), added subsec. (a) and struck out former subsec. (a) which related to general adjustment provisions and described the matters to be adjusted.
Subsecs. (b) to (d). Pub. L. 112–25, § 105(a)(2), (3), added subsec. (d), redesignated former subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to amounts of adjustments.
Subsec. (e). Pub. L. 112–78, § 511(2), added subsec. (e). Former subsec. (e) redesignated (f).
Pub. L. 112–25, § 105(a)(2), (3), added subsec. (e) and struck out former subsec. (e) which defined “continuing disability reviews” and “new budget authority” as used in former subsec. (b)(2).
Subsec. (f). Pub. L. 112–78, § 511(1), redesignated subsec. (e) as (f).
1997—Subsec. (b)(6). Pub. L. 105–89 added par. (6).
Amendment by Pub. L. 105–89 effective
For purposes of a reported bill or joint resolution considered in the House of Representatives pursuant to a special order of business, the term “as reported” in this subchapter or subchapter II shall be considered to refer to the text made in order as an original bill or joint resolution for the purpose of amendment or to the text on which the previous question is ordered directly to passage, as the case may be. In the case of a reported bill or joint resolution considered pursuant to a special order of business, a point of order under section 634 of this title shall be determined on the basis of the text made in order as an original bill or joint resolution for the purpose of amendment or to the text on which the previous question is ordered directly to passage, as the case may be.
2013—Pub. L. 113–67 inserted at end “In the case of a reported bill or joint resolution considered pursuant to a special order of business, a point of order under section 634 of this title shall be determined on the basis of the text made in order as an original bill or joint resolution for the purpose of amendment or to the text on which the previous question is ordered directly to passage, as the case may be.”
The Social Security Act, referred to in subsec. (c)(1)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Internal Revenue Code of 1986, referred to in subsec. (c)(1)(B), is classified generally to Title 26, Internal Revenue Code.
In subsec. (c)(2)(A), “section 9101(2) of title 31”, “section 9101(3) of title 31”, and “chapter 91 of title 31” were substituted for “section 201 of the Government Corporation Control Act [31 U.S.C. 856]”, “section 101 of such Act [31 U.S.C. 846]”, and “that Act”, respectively, on authority of Pub. L. 97–258, § 4(b),
Section was formerly classified to section 1351 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
2013—Subsec. (b)(2). Pub. L. 113–67, § 122(12), substituted “section 633(a)” for “section 633(b)”.
Subsec. (c)(3). Pub. L. 113–67, § 122(13), added par. (3).
1997—Pub. L. 105–33, § 10116(a)(1)(A), substituted “Budget-related legislation not subject to appropriations” for “Bills providing new spending authority” as section catchline.
Subsec. (a). Pub. L. 105–33, § 10116(a)(1)(B), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “It shall not be in order in either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report, as reported to its House which provides new spending authority described in subsection (c)(2)(A) or (B) of this section, unless that bill, resolution, conference report, or amendment also provides that such new spending authority as described in subsection (c)(2)(A) or (B) of this section is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.”
Subsec. (b). Pub. L. 105–33, § 10116(a)(2)(A), inserted “new” before “entitlement” in heading.
Subsec. (b)(1). Pub. L. 105–33, § 10116(a)(2)(B), added par. (1) and struck out former par. (1) which read as follows: “It shall not be in order in either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report, as reported to its House, which provides new spending authority described in subsection (c)(2)(C) of this section which is to become effective before the first day of the fiscal year which begins during the calendar year in which such bill or resolution is reported.”
Subsec. (b)(2). Pub. L. 105–33, § 10116(a)(2)(C), substituted “new entitlement authority” for “new spending authority described in subsection (c)(2)(C) of this section” and “of the Senate or may then be referred to the Committee on Appropriations of the House, as the case may be,” for “of that House”.
Subsec. (c). Pub. L. 105–33, § 10116(a)(5), redesignated subsec. (d) as (c).
Pub. L. 105–33, § 10116(a)(3), struck out subsec. (c) which defined terms “new spending authority” and “spending authority”.
Subsec. (d). Pub. L. 105–33, § 10116(a)(5), redesignated subsec. (d) as (c).
Subsec. (d)(1). Pub. L. 105–33, § 10116(a)(4)(A), which directed substitution of “new authority described in those subsections if outlays from that new authority will flow” for “new spending authority if the budget authority for outlays which result from such new spending authority is derived”, was executed by making the substitution for “new spending authority if the budget authority for outlays which will result from such new spending authority is derived” in introductory provisions to reflect the probable intent of Congress.
Subsec. (d)(2), (3). Pub. L. 105–33, § 10116(a)(4)(B), (C), redesignated par. (3) as (2), substituted “new authority described in those subsections” for “new spending authority” in introductory provisions, and struck out former par. (2) which read as follows: “Subsections (a) and (b) of this section shall not apply to new spending authority which is an amendment to or extension of chapter 67 of title 31, or a continuation of the program of fiscal assistance to State and local governments provided by that chapter, to the extent so provided in the bill or resolution providing such authority.”
1990—Subsec. (a). Pub. L. 101–508, § 13207(a)(1)(F), substituted “bill, joint resolution, amendment, motion, or conference report” for “bill, resolution, or conference report” and struck out “(or any amendment which provides such new spending authority)” after “subsection (c)(2)(A) or (B) of this section”.
Subsec. (b)(1). Pub. L. 101–508, § 13207(a)(1)(G), substituted “bill, joint resolution, amendment, motion, or conference report, as reported to its House” for “bill or resolution” and struck out “(or any amendment which provides such new spending authority)” after “subsection (c)(2)(C) of this section”.
1986—Subsec. (d)(1)(B). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
1985—Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, inserting provisions relating to applicability to conference reports.
Subsec. (b). Pub. L. 99–177, in amending section generally, reenacted subsec. (b) without change.
Subsec. (c). Pub. L. 99–177, in amending subsec. (c) generally, added pars. (2)(D) and (E).
Subsec. (d). Pub. L. 99–177, in amending subsec. (d) generally, reenacted pars. (1) and (2) without change, and inserted reference to
Amendment by Pub. L. 99–177 effective
Pub. L. 93–344, title IX, § 905(c),
Section, Pub. L. 93–344, title IV, § 402,
Section was formerly classified to section 1353 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
A prior section 402 of Pub. L. 93–344 was classified to section 652 of this title prior to repeal by Pub. L. 105–33.
1995—Subsec. (a). Pub. L. 104–4, § 104(2), struck out subsection designation.
Subsec. (a)(2). Pub. L. 104–4, § 104(1)(A), (C), redesignated par. (3) as (2) and struck out former par. (2), which read as follows: “an estimate of the cost which would be incurred by State and local governments in carrying out or complying with any significant bill or resolution in the fiscal year in which it is to become effective and in each of the four fiscal years following such fiscal year, together with the basis for each such estimate;”.
Subsec. (a)(3). Pub. L. 104–4, § 104(1)(C), redesignated par. (4) as (3). Former par. (3) redesignated (2).
Pub. L. 104–4, § 104(1)(B), which directed the substitution of “paragraph (1)” for “paragraphs (1) and (2)”, was executed by making the substitution for “paragraph (1) and (2)” to reflect the probable intent of Congress.
Subsec. (a)(4). Pub. L. 104–4, § 104(1)(C), redesignated par. (4) as (3).
Subsecs. (b), (c). Pub. L. 104–4, § 104(3), struck out subsecs. (b) and (c) which read as follows:
“(b) For purposes of subsection (a)(2) of this section, the term ‘local government’ has the same meaning as in section 6501 of title 31.
“(c) For purposes of subsection (a)(2) of this section, the term ‘significant bill or resolution’ is defined as any bill or resolution which in the judgment of the Director of the Congressional Budget Office is likely to result in an annual cost to State and local governments of $200,000,000 or more, or is likely to have exceptional fiscal consequences for a geographic region or a particular level of government.”
1985—Subsec. (a). Pub. L. 99–177 added par. (4) and substituted “estimates, comparison, and description” for “estimates and comparison” in last sentence.
1981—Subsec. (a). Pub. L. 97–108, § 2(a)(1)–(6), designated existing provisions as subsec. (a), added par. (2), redesignated former par. (2) as (3), in par. (3) as so redesignated, substituted “estimates” for “estimate” in two places, and substituted reference to pars. (1) and (2) for reference to par. (1), and in provision following par. (3) substituted “estimates” for “estimate”.
Subsecs. (b) and (c). Pub. L. 97–108, § 2(a)(7), added subsecs. (b) and (c).
Amendment by Pub. L. 104–4 effective
Amendment by Pub. L. 99–177 effective
Pub. L. 97–108, § 2(b),
Amendment by Pub. L. 93–344 effective on day on which first Director of Congressional Budget Office is appointed under section 601(a) of this title, see section 905(b) of Pub. L. 93–344, formerly set out as an Effective Date note under section 621 of this title.
Pub. L. 97–108, § 3,
Pub. L. 97–108, § 4,
The Government Accountability Office shall study those provisions of law which provide mandatory spending and report to the Congress its recommendations for the appropriate form of financing for activities or programs financed by such provisions not later than eighteen months after
A prior section 404 of Pub. L. 93–344, which is not classified to the Code, was renumbered section 403 by Pub. L. 105–33, title X, § 10116(c)(1),
2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in section catchline and text.
1997—Pub. L. 105–33, § 10116(c)(2), substituted “mandatory spending” for “spending authority as described by section 651(c)(2) of this title and which provide permanent appropriations,”.
Section effective
This Act, referred to in text, means Pub. L. 93–344,
A prior section 405 of Pub. L. 93–344 was renumbered section 404 and is classified to section 654 of this title.
Section effective
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.
A prior section 406 of Pub. L. 93–344 was renumbered section 405 and is classified to section 655 of this title.
Section effective
The term “agency” has the same meaning as defined in section 551(1) of title 5, but does not include independent regulatory agencies.
The term “amount”, with respect to an authorization of appropriations for Federal financial assistance, means the amount of budget authority for any Federal grant assistance program or any Federal program providing loan guarantees or direct loans.
The term “Federal mandate” means a Federal intergovernmental mandate or a Federal private sector mandate, as defined in paragraphs (5) and (7).
The term “local government” has the same meaning as defined in section 6501(6) of title 31.
The term “private sector” means all persons or entities in the United States, including individuals, partnerships, associations, corporations, and educational and nonprofit institutions, but shall not include State, local, or tribal governments.
The term “regulation” or “rule” (except with respect to a rule of either House of the Congress) has the meaning of “rule” as defined in section 601(2) of title 5.
The term “small government” means any small governmental jurisdictions defined in section 601(5) of title 5 and any tribal government.
The term “State” has the same meaning as defined in section 6501(9) of title 31.
The term “tribal government” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians.
The Alaska Native Claims Settlement Act, referred to in par. (13), is Pub. L. 92–203,
2013—Par. (5)(A)(i)(II). Pub. L. 113–67 substituted “subparagraph (B)” for “subparagraph (B))”.
Section effective
The Social Security Act, referred to in par. (7), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Section effective
When a committee of authorization of the Senate or the House of Representatives reports a bill or joint resolution of public character that includes any Federal mandate, the report of the committee accompanying the bill or joint resolution shall contain the information required by subsections (c) and (d).
When a committee of authorization of the Senate or the House of Representatives orders reported a bill or joint resolution of a public character, the committee shall promptly provide the bill or joint resolution to the Director of the Congressional Budget Office and shall identify to the Director any Federal mandates contained in the bill or resolution.
When a committee of authorization of the Senate or the House of Representatives reports a bill or joint resolution of public character, the committee report accompanying the bill or joint resolution shall contain, if relevant to the bill or joint resolution, an explicit statement on the extent to which the bill or joint resolution is intended to preempt any State, local, or tribal law, and, if so, an explanation of the effect of such preemption.
Upon receiving a statement from the Director under section 658c of this title, a committee of the Senate or the House of Representatives shall publish the statement in the committee report accompanying the bill or joint resolution to which the statement relates if the statement is available at the time the report is printed.
If the statement is not published in the report, or if the bill or joint resolution to which the statement relates is expected to be considered by the Senate or the House of Representatives before the report is published, the committee shall cause the statement, or a summary thereof, to be published in the Congressional Record in advance of floor consideration of the bill or joint resolution.
1999—Subsec. (d)(3). Pub. L. 106–141 added par. (3).
Section effective
If the Director estimates that the direct cost of all Federal intergovernmental mandates in the bill or joint resolution will equal or exceed $50,000,000 (adjusted annually for inflation) in the fiscal year in which any Federal intergovernmental mandate in the bill or joint resolution (or in any necessary implementing regulation) would first be effective or in any of the 4 fiscal years following such fiscal year, the Director shall so state, specify the estimate, and briefly explain the basis of the estimate.
If the Director determines that it is not feasible to make a reasonable estimate that would be required under paragraphs (1) and (2), the Director shall not make the estimate, but shall report in the statement that the reasonable estimate cannot be made and shall include the reasons for that determination in the statement. If such determination is made by the Director, a point of order under this part shall lie only under section 658d(a)(1) of this title and as if the requirement of section 658d(a)(1) of this title had not been met.
If the Director estimates that the direct cost of all Federal private sector mandates in the bill or joint resolution will equal or exceed $100,000,000 (adjusted annually for inflation) in the fiscal year in which any Federal private sector mandate in the bill or joint resolution (or in any necessary implementing regulation) would first be effective or in any of the 4 fiscal years following such fiscal year, the Director shall so state, specify the estimate, and briefly explain the basis of the estimate.
If the Director determines that it is not feasible to make a reasonable estimate that would be required under paragraphs (1) and (2), the Director shall not make the estimate, but shall report in the statement that the reasonable estimate cannot be made and shall include the reasons for that determination in the statement.
If the Director estimates that the direct costs of a Federal mandate will not equal or exceed the thresholds specified in subsections (a) and (b), the Director shall so state and shall briefly explain the basis of the estimate.
If a bill or joint resolution is passed in an amended form (including if passed by one House as an amendment in the nature of a substitute for the text of a bill or joint resolution from the other House) or is reported by a committee of conference in amended form, and the amended form contains a Federal mandate not previously considered by either House or which contains an increase in the direct cost of a previously considered Federal mandate, then the committee of conference shall ensure, to the greatest extent practicable, that the Director shall prepare a statement as provided in this subsection or a supplemental statement for the bill or joint resolution in that amended form.
1999—Subsec. (a)(3), (4). Pub. L. 106–141 added par. (3) and redesignated former par. (3) as (4).
Section effective
The provisions of subsection (a)(2)(B)(iii) shall not be construed to prohibit or otherwise restrict a State, local, or tribal government from voluntarily electing to remain subject to the original Federal intergovernmental mandate, complying with the programmatic or financial responsibilities of the original Federal intergovernmental mandate and providing the funding necessary consistent with the costs of Federal agency assistance, monitoring, and enforcement.
Upon a point of order being made by any Senator against any provision listed in paragraph (1)(B), and the point of order being sustained by the Chair, such specific provision shall be deemed stricken from the bill, resolution, amendment, amendment in disagreement, or conference report and may not be offered as an amendment from the floor.
For purposes of this section, in the Senate, the presiding officer of the Senate shall consult with the Committee on Governmental Affairs, to the extent practicable, on questions concerning the applicability of this part to a pending bill, joint resolution, amendment, motion, or conference report.
For purposes of this section, in the Senate, the levels of Federal mandates for a fiscal year shall be determined based on the estimates made by the Committee on the Budget.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective
Section effective
It shall not be in order in the House of Representatives to consider a rule or order that waives the application of section 658d of this title.
This subsection shall apply only to the House of Representatives.
In order to be cognizable by the Chair, a point of order under section 658d of this title or subsection (a) of this section must specify the precise language on which it is premised.
As disposition of points of order under section 658d of this title or subsection (a) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order.
A question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be.
The disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.
Section effective
At the written request of a Senator, the Director shall, to the extent practicable, prepare an estimate of the direct costs of a Federal intergovernmental mandate contained in an amendment of such Senator.
Section effective
For purposes of this part, the direct cost of the Federal mandates in a bill, joint resolution, amendment, motion, or conference report that reauthorizes appropriations, or that amends existing authorizations of appropriations, to carry out a statute, or that otherwise amends any statute, means the net increase, resulting from enactment of the bill, joint resolution, amendment, motion, or conference report, in the amount described under paragraph (2)(A) over the amount described under paragraph (2)(B).
For purposes of this section, in the case of legislation to extend authorization of appropriations, the authorization level that would be provided by the extension shall be compared to the authorization level for the last year in which authorization of appropriations is already provided.
Section effective
A prior section 661, Pub. L. 93–344, title VI, § 606,
A prior section 501 of Pub. L. 93–344, title V,
For short title of title V of Pub. L. 93–344, which enacted this subchapter, as the “Federal Credit Reform Act of 1990”, see section 500 of Pub. L. 93–344, set out as a note under section 621 of this title.
These accounts shall be shown in the budget on a cash basis.
A prior section 502 of Pub. L. 93–344, title V,
1997—Par. (1). Pub. L. 105–33, § 10117(a)(1), inserted “and financing arrangements that defer payment for more than 90 days, including the sale of a government asset on credit terms” after “another lender”.
Par. (5)(A). Pub. L. 105–33, § 10117(a)(2), inserted “or modification thereof” after “or loan guarantee”.
Par. (5)(B), (C). Pub. L. 105–33, § 10117(a)(3), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which read as follows:
“(B) The cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following cash flows:
“(i) loan disbursements;
“(ii) repayments of principal; and
“(iii) payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties and other recoveries.
“(C) The cost of a loan guarantee shall be the net present value when a guaranteed loan is disbursed of the cash flow from—
“(i) estimated payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments, and
“(ii) the estimated payments to the Government including origination and other fees, penalties and recoveries.”
Par. (5)(D). Pub. L. 105–33, § 10117(a)(4), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “Any Government action that alters the estimated net present value of an outstanding direct loan or loan guarantee (except modifications within the terms of existing contracts or through other existing authorities) shall be counted as a change in the cost of that direct loan or loan guarantee. The calculation of such changes shall be based on the estimated present value of the direct loan or loan guarantee at the time of modification.”
Par. (5)(E). Pub. L. 105–33, § 10117(a)(5), inserted “the cash flows of” after “similar maturity to”.
Par. (5)(F). Pub. L. 105–33, § 10117(a)(6), added subpar. (F).
Pars. (9) to (11). Pub. L. 105–33, § 10117(a)(7), added pars. (9) and (10) and redesignated former par. (9) as (11).
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.
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.
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.
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.
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.
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
A prior section 503 of Pub. L. 93–344, title V,
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.
An outstanding direct loan (or direct loan obligation) or loan guarantee (or loan guarantee commitment) shall not be modified in a manner that increases its costs unless budget authority for the additional cost has been provided in advance in an appropriations Act.
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.
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.
A prior section 504 of Pub. L. 93–344, title V,
1997—Subsec. (b)(1). Pub. L. 105–33, § 10117(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “appropriations of budget authority to cover their costs are made in advance;”.
Subsec. (b)(2). Pub. L. 105–33, § 10117(b)(2), substituted “has been provided in advance in an appropriations Act” for “is enacted”.
Subsec. (c). Pub. L. 105–33, § 10117(b)(3), substituted “Subsections (b) and (e)” for “Subsection (b)”.
Subsec. (d)(1). Pub. L. 105–33, § 10117(b)(4), substituted “modify outstanding direct loans (or direct loan obligations) or loan guarantees (or loan guarantee commitments)” for “directly or indirectly alter the costs of outstanding direct loans and loan guarantees”.
Subsec. (e). Pub. L. 105–33, § 10117(b)(5), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “A direct loan obligation or loan guarantee commitment shall not be modified in a manner that increases its cost unless budget authority for the additional cost is appropriated, or is available out of existing appropriations or from other budgetary resources.”
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.
In order to implement the accounting required by this subchapter, the President is authorized to establish such non-budgetary accounts as may be appropriate.
The Secretary of the Treasury shall borrow from, receive from, lend to, or pay to the financing accounts such amounts as may be appropriate. The Secretary of the Treasury may prescribe forms and denominations, maturities, and terms and conditions for the transactions described above, except that the rate of interest charged by the Secretary on lending to financing accounts (including amounts treated as lending to financing accounts by the Federal Financing Bank (hereinafter in this subsection referred to as the “Bank”) pursuant to section 655(b) of this title) and the rate of interest paid to financing accounts on uninvested balances in financing accounts shall be the same as the rate determined pursuant to section 661a(5)(E) of this title. For guaranteed loans financed by the Bank and treated as direct loans by a Federal agency pursuant to section 655(b) of this title, any fee or interest surcharge (the amount by which the interest rate charged exceeds the rate determined pursuant to section 661a(5)(E) of this title) that the Bank charges to a private borrower pursuant to section 2285(c) of title 12 shall be considered a cash flow to the Government for the purposes of determining the cost of the direct loan pursuant to section 661a(5) of this title. All such amounts shall be credited to the appropriate financing account. The Bank is authorized to require reimbursement from a Federal agency to cover the administrative expenses of the Bank that are attributable to the direct loans financed for that agency. All such payments by an agency shall be considered administrative expenses subject to section 661c(g) of this title. This subsection shall apply to transactions related to direct loan obligations or loan guarantee commitments made on or after
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.
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.
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.
A prior section 505 of Pub. L. 93–344, title V,
2013—Subsec. (c). Pub. L. 113–67 made technical amendment to reference in original act which appears in text as reference to section 655(b) of this title.
1997—Subsec. (c). Pub. L. 105–33, § 10117(c)(2), substituted “supersede” for “supercede”.
Pub. L. 105–33, § 10117(c)(1), inserted before period at end of second sentence “, except that the rate of interest charged by the Secretary on lending to financing accounts (including amounts treated as lending to financing accounts by the Federal Financing Bank (hereinafter in this subsection referred to as the ‘Bank’) pursuant to section 655(b) of this title) and the rate of interest paid to financing accounts on uninvested balances in financing accounts shall be the same as the rate determined pursuant to section 661a(5)(E) of this title. For guaranteed loans financed by the Bank and treated as direct loans by a Federal agency pursuant to section 655(b) of this title, any fee or interest surcharge (the amount by which the interest rate charged exceeds the rate determined pursuant to section 661a(5)(E) of this title) that the Bank charges to a private borrower pursuant to section 2285(c) of title 12 shall be considered a cash flow to the Government for the purposes of determining the cost of the direct loan pursuant to section 661a(5) of this title. All such amounts shall be credited to the appropriate financing account. The Bank is authorized to require reimbursement from a Federal agency to cover the administrative expenses of the Bank that are attributable to the direct loans financed for that agency. All such payments by an agency shall be considered administrative expenses subject to section 661c(g) of this title. This subsection shall apply to transactions related to direct loan obligations or loan guarantee commitments made on or after
Subsec. (d). Pub. L. 105–33, § 10117(c)(3), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “If funds in liquidating accounts are insufficient to satisfy the obligations and commitments of said accounts, there is hereby provided permanent, indefinite authority to make any payments required to be made on such obligations and commitments.”
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.
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
For the purposes of subsection (b), the Office of Management and Budget and the Congressional Budget Office shall have access to all agency data that may facilitate these studies.
A prior section 506 of Pub. L. 93–344, title V,
1997—Pub. L. 105–33 struck out subsec. (a) designation and heading, redesignated pars. (1) to (3) of former subsec. (a) as subsecs. (a) to (c), respectively, inserted subsec. headings, and substituted “subsection (b)” for “paragraph (2)” in subsec. (c).
This subchapter shall supersede, modify, or repeal any provision of law enacted prior to
Collections resulting from direct loans obligated or loan guarantees committed prior to
Section 665, Pub. L. 93–344, title VI, § 601, as added Pub. L. 101–508, title XIII, § 13111,
A prior section 601 of Pub. L. 93–344, title VI,
Section 665a, Pub. L. 93–344, title VI, § 602, as added Pub. L. 101–508, title XIII, § 13111,
A prior section 602 of Pub. L. 93–344, title VI,
Section 665b, Pub. L. 93–344, title VI, § 603, as added Pub. L. 101–508, title XIII, § 13111,
A prior section 603 of Pub. L. 93–344, title VI,
Section 665c, Pub. L. 93–344, title VI, § 604, as added Pub. L. 101–508, title XIII, § 13111,
A prior section 604 of Pub. L. 93–344, title VI,
Section 665d, Pub. L. 93–344, title VI, § 605, as added Pub. L. 101–508, title XIII, § 13111,
A prior section 605 of Pub. L. 93–344, title VI,
Section 665e, Pub. L. 93–344, title VI, § 606, as added Pub. L. 101–508, title XIII, § 13111,
A prior section 606 of Pub. L. 93–344, title VI,
Pub. L. 93–344, title VI, § 607, as added by Pub. L. 101–508, title XIII, § 13111,
This Act, referred to in provision preceding par. (1), means Pub. L. 93–344,
Section was formerly classified to section 1400 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
Chapter effective
Pub. L. 104–130, § 1,
For short title of title X of Pub. L. 93–344, which enacted this chapter, as the “Impoundment Control Act of 1974”, see section 1(a) of Pub. L. 93–344, as amended, set out as a note under section 621 of this title.
Section was formerly classified to section 1401 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
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.
Section was formerly classified to section 1402 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
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.”
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.
Section was formerly classified to section 1403 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
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.”
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.
If any information contained in a special message transmitted under section 683 or 684 of this title is subsequently revised, the President shall transmit to both Houses of Congress and the Comptroller General a supplementary message stating and explaining such revision. Any such supplementary message shall be delivered, referred, and printed as provided in subsection (a). The Comptroller General shall promptly notify the House of Representatives and the Senate of any changes in the information submitted by him under subsection (b) which may be necessitated by such revision.
Any special message transmitted under section 683 or 684 of this title, and any supplementary message transmitted under subsection (c), shall be printed in the first issue of the Federal Register published after such transmittal.
Section was formerly classified to section 1404 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
Ex. Ord. No. 11845,
By virtue of the authority vested in me by the Impoundment Control Act of 1974 (Public Law 93–344; 88 Stat. 332, (2 U.S.C. 681 et seq.), hereinafter referred to as the Act) [subchapters I and II of this chapter], and section 301 of title 3 of the United States Code, the Director of the Office of Management and Budget is hereby designated and empowered to exercise, as of
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.
Section was formerly classified to section 1405 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
Pub. L. 100–119, title II, § 206(c),
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.
Section was formerly classified to section 1406 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
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.
Amendment by Pub. L. 98–620 not applicable to cases pending on
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.
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.
Section was formerly classified to section 1407 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
Sections were omitted pursuant to section 5 of Pub. L. 104–130, set out as an Effective and Termination Dates note below.
Section 691, Pub. L. 93–344, title X, § 1021, as added Pub. L. 104–130, § 2(a),
Section 691a, Pub. L. 93–344, title X, § 1022, as added Pub. L. 104–130, § 2(a),
Section 691b, Pub. L. 93–344, title X, § 1023, as added Pub. L. 104–130, § 2(a),
Section 691c, Pub. L. 93–344, title X, § 1024, as added Pub. L. 104–130, § 2(a),
Section 691d, Pub. L. 93–344, title X, § 1025, as added Pub. L. 104–130, § 2(a),
Section 691e, Pub. L. 93–344, title X, § 1026, as added Pub. L. 104–130, § 2(a),
Section 691f, Pub. L. 93–344, title X, § 1027, as added Pub. L. 104–130, § 2(a),
Section 692, Pub. L. 104–130, § 3,
For information regarding the constitutionality of part C of title X of Pub. L. 93–344, as added by section 2(a) of Pub. L. 104–130, which was classified generally to this subchapter (sections 691 et seq. of this title), see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.
Pub. L. 104–130, § 5,
Sections 701 to 709, comprising title I of the Ethics in Government Act of 1978, Pub. L. 95–521, was amended generally by Pub. L. 101–194, title II, § 202,
Section 701, Pub. L. 95–521, title I, § 101,
Section 702, Pub. L. 95–521, title I, § 102,
Section 703, Pub. L. 95–521, title I, § 103,
Section 704, Pub. L. 95–521, title I, § 104,
Section 705, Pub. L. 95–521, title I, § 105,
Section 706, Pub. L. 95–521, title I, § 106,
Section 707, Pub. L. 95–521, title I, § 107,
Section 708, Pub. L. 95–521, title I, § 108,
Section 709, Pub. L. 95–521, title I, § 109,
There is established a board to be known as the Congressional Award Board (hereinafter in this subchapter referred to as the “Board”), which shall be responsible for administering the Congressional Award Program described under section 802 of this title. The Board shall not be an agency or instrumentality of the United States, and the United States is not liable for any obligation or liability incurred by the Board.
2000—Pub. L. 106–533, § 1(b)(3)(A), substituted “subchapter” for “chapter”.
Pub. L. 106–533, § 1(b)(3)(B), made technical amendment to reference in original act which appears in text as reference to section 802 of this title.
Pub. L. 115–268, § 1,
Pub. L. 113–43, § 1,
Pub. L. 111–200, § 1,
Pub. L. 102–457, § 1,
Pub. L. 101–525, § 1,
Pub. L. 100–674, § 1,
Pub. L. 99–161, § 1,
Pub. L. 96–114, title II, § 201, as added by Pub. L. 106–533, § 1(a),
Pub. L. 96–114, § 1,
The Board shall establish and administer a program to be known as the Congressional Award Program, which shall be designed to promote initiative, achievement, and excellence among youths in the areas of public service, personal development, and physical and expedition fitness. Under the program medals shall be awarded to young people within the United States, aged fourteen through twenty-three (subject to such exceptions as the Board may prescribe), who have satisfied the standards of achievement established by the Board under subsection (b) of this section. Each medal shall consist of gold-plate over bronze, rhodium over bronze, or bronze and shall be struck in accordance with subsection (f).
The Board shall arrange for the presentation of the awards to the recipients and shall provide for participation by Members of Congress in such presentation, when appropriate. To the extent possible, recipients shall be provided with opportunities to exchange information and views with Members of Congress in connection with the presentation of the awards.
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.
The Secretary of the Treasury shall strike the medals described in subsection (a) and awarded by the Board under this chapter. Subject to subsection (a), the medals shall be of such quantity, design, and specifications as the Secretary of the Treasury may determine, after consultation with the Board.
The medals struck pursuant to this chapter are National medals for purposes of chapter 51 of title 31.
There are authorized to be charged against the Numismatic Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck pursuant to this chapter.
Subsection (e), which required the Board to submit an annual report to Congress on the activities of the Congressional Award Program, terminated, effective
2010—Subsec. (b). Pub. L. 111–200, § 2(a)(1), struck out “under paragraph (3)” after “established by the Board” in concluding provisions.
Subsec. (c). Pub. L. 111–200, § 2(a)(2), substituted “in connection with” for “during” in second sentence.
2000—Subsec. (e)(3). Pub. L. 106–533, § 1(b)(4)(A), which directed technical amendment to reference in original act which would have appeared in text as reference to section 804(g)(1) of this title, could not be executed because that reference did not appear in the original. See Codification note above.
Subsec. (e)(4). Pub. L. 106–533, § 1(b)(4)(B), made technical amendment to reference in original act which appears in text as reference to section 806 of this title. See Codification note above.
1999—Subsec. (e). Pub. L. 106–63 substituted “June 1” for “April 1” in introductory provisions.
1994—Subsec. (a). Pub. L. 103–329, § 637(1), struck out “gold, silver, and bronze” after “Under the program” and substituted last sentence for former last sentence which read as follows: “The medals shall be of such design and materials as the Board may determine.”
Subsec. (f). Pub. L. 103–329, § 637(2), added subsec. (f).
1990—Subsec. (e). Pub. L. 101–525 substituted “April 1” for “March 1”.
1988—Subsec. (e)(6) to (8). Pub. L. 100–674 added pars. (6) and (7) and redesignated former par. (6) as (8).
1985—Subsec. (b). Pub. L. 99–161, § 4(a), inserted provision limiting salaries established by Board under par. (3) to $75,000 per annum, such limit after 1986 being increased in proportion to Consumer Price Index.
Subsec. (d). Pub. L. 99–161, § 4(b), inserted reference to Silver and Bronze Medals.
Subsec. (e)(4). Pub. L. 99–161, § 4(c), inserted “for each member, officer, employee, and consultant of the Board (or of the Corporation established pursuant to section 806(g)(1) of this title)”.
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.
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.
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.
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
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.
2010—Subsec. (b). Pub. L. 111–200 added subsec. (b) and struck out former subsec. (b) which related to terms of appointed members and reappointment of members.
2005—Subsec. (a)(1)(B), (C). Pub. L. 109–143, § 1(c)(1)(A), substituted “a local” for “a a local”.
Subsec. (b)(3)(B). Pub. L. 109–143, § 1(c)(1)(B), substituted “subsection” for “section” in two places.
2000—Subsec. (i). Pub. L. 106–533, § 1(b)(5), made technical amendment to reference in original act which appears in text as reference to section 806 of this title.
1999—Subsec. (a)(1)(A). Pub. L. 106–63, § 1(b)(1), substituted “recipient of the Congressional Award” for “member of the Congressional Award Association”.
Subsec. (a)(1)(B), (C). Pub. L. 106–63, § 1(b)(2), substituted “a local Congressional Award program volunteer” for “representative of a local Congressional Award Council”.
Subsec. (a)(1)(D). Pub. L. 106–63, § 1(b)(1), substituted “recipient of the Congressional Award” for “member of the Congressional Award Association”.
1990—Subsec. (a)(4). Pub. L. 101–525, § 4, added par. (4).
Subsec. (b). Pub. L. 101–525, § 5, designated existing provision as par. (1) and substituted “and (unless reappointed under paragraph (3)) shall serve for a term of 4 years” for “but (unless reappointed) shall not serve for more than four years”, and added pars. (2) and (3).
Subsec. (j). Pub. L. 101–525, § 6, added subsec. (j).
1988—Subsec. (a)(1). Pub. L. 100–674, § 2(b)(1), in introductory provisions, substituted “25” for “thirty-three”, in subpars. (A) to (D), substituted “Six members” for “Eight members”, in subpars. (A) and (D), inserted “, 1 of whom shall be a member of the Congressional Award Association”, and in subpars. (B) and (C), inserted “, 1 of whom shall be a representative of a local Congressional Award Council”.
Subsec. (d). Pub. L. 100–674, § 2(b)(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “A majority of the members of the Board shall constitute a quorum.”
1985—Subsec. (a)(2). Pub. L. 99–161, § 2(1), inserted “One of the members appointed under each of subparagraphs (A) through (D) of paragraph (1) shall be a member of the Congress.”
Subsec. (b). Pub. L. 99–161, § 2(2), amended subsec. (b) generally, substituting provisions for continuance of service of appointed members at pleasure of appointing officer, but unless reappointed, for not more than four years, for provisions limiting term of service to six years with exceptions for first appointed members and individuals appointed to Board after
Subsec. (c)(2) to (4). Pub. L. 99–161, § 2(3), struck out par. (2) limiting term of service of any member appointed to fill out an unexpired term to remainder of that term and redesignated pars. (3) and (4) as (2) and (3), respectively.
Subsec. (f). Pub. L. 99–161, § 4(d), substituted “meet at least twice a year at the call of the Chairman (with at least one meeting in the District of Columbia)” for “meet annually at the call of the Chairman”.
Subsec. (i). Pub. L. 99–161, § 4(e), inserted requirement that bylaws and other regulations include provisions preventing conflict of interest, and include appropriate fiscal control, funds accountability, etc., to comply with section 806 of this title, and inserted provisions requiring transmittal of a copy of such bylaws to each House of Congress within specified periods of time.
1983—Subsec. (a)(1). Pub. L. 98–33, § 1(a)(1), (2), substituted “thirty-three” for “seventeen” in the matter preceding subpar. (A), and substituted “Eight” for “Four” in each of subpars. (A) through (D).
Subsec. (a)(2). Pub. L. 98–33, § 1(a)(3), struck out “or the Committee for the Establishment and Promotion of the Congressional Award” after “member of the Board”.
Subsec. (b). Pub. L. 98–33, § 1(b), designated existing provisions as par. (1); in par. (1), as so designated, redesignated pars. (1) to (3) as subpars. (A) to (C), respectively, and substituted “Except as provided in paragraph (2), appointed” for “Appointed”; and added par. (2).
Pub. L. 100–674, § 3,
Pub. L. 98–33, § 2,
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.
2014—Subsec. (c)(1). Pub. L. 113–188, § 902(c)(2)(A), inserted “policies and” before “procedures” and struck out “fund” before “accounting are established”.
Subsec. (c)(2)(A). Pub. L. 113–188, § 902(c)(2)(B), substituted “The independent public accountant conducting the annual audit of the financial records of the Board pursuant to section 807(a) of this title” for “The Comptroller General of the United States” and “the independent public accountant” for “the Comptroller General”.
2010—Subsec. (c)(1). Pub. L. 111–200, § 2(c)(1), which directed substitution of “in any fiscal year” for “, in any calendar year,” in third sentence, was executed by making the substitution for “, for any calendar year,” to reflect the probable intent of Congress.
Subsec. (c)(2). Pub. L. 111–200, § 2(c)(2), added par. (2) and struck out former par. (2) which read as follows:
“(2)(A) The Comptroller General of the United States shall determine, for calendar years 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, and 2009, whether the Director has substantially complied with paragraph (1). The findings made by the Comptroller General under the preceding sentence shall be included in the first report submitted under section 807(b) of this title after
“(B) If the Director fails to substantially comply with paragraph (1), the Board shall take such actions as may be necessary to prepare, pursuant to section 808 of this title, for the orderly cessation of the activities of the Board.”
2005—Subsec. (c)(2)(A). Pub. L. 109–143 inserted comma after “1993” and substituted “2004, 2005, 2006, 2007, 2008, and 2009” for “and 2004”.
1999—Subsec. (c)(2)(A). Pub. L. 106–63 substituted “1998, 1999, 2000, 2001, 2002, 2003, and 2004” for “and 1998”.
1996—Subsec. (c)(2)(A). Pub. L. 104–208 substituted “1994, 1995, 1996, 1997, and 1998” for “and 1994”.
1992—Subsec. (c). Pub. L. 102–457 added subsec. (c).
Pub. L. 113–188, title IX, § 902(c)(3),
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.
The Board may enter into and perform such contracts as may be appropriate to carry out its business, but the Board may not enter into any contract which would obligate the Board to expend an amount greater than the amount available to the Board for the purpose of such contract during the fiscal year in which the expenditure is to be made.
The Board may accept and utilize the services of voluntary, uncompensated personnel.
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.
2010—Subsec. (a)(1). Pub. L. 111–200, § 2(d), added par. (1) and struck out former par. (1) which read as follows: “the Board shall carry out its functions and make expenditures with only such resources as are available to the Board from sources other than the Federal Government; and”.
Subsec. (c)(4). Pub. L. 111–200, § 2(e), added par. (4) and struck out former par. (4) which read as follows: “Each Statewide Council established pursuant to this section is authorized to receive public monetary and in-kind contributions, which may be made available to local boards to supplement or defray operating expenses. The Board shall adopt appropriate financial management methods in order to ensure the proper accounting of these funds.”
Subsec. (d). Pub. L. 111–200, § 2(f)(1), inserted “to be” after “expenditure is”.
Subsec. (e)(1)(A). Pub. L. 111–200, § 2(f)(2), inserted “or for scholarships” after “local program”.
Subsec. (i). Pub. L. 111–200, § 2(g), added subsec. (i) and struck out former subsec. (i) which read as follows:
“(1) The Board shall provide for the establishment of a private nonprofit corporation for the sole purpose of assisting the Board to carry out the Congressional Award Program, and shall delegate to the corporation such duties as it considers appropriate.
“(2) The articles of incorporation of the corporation established under this subsection shall provide that—
“(A) the members of the Board of Directors of the corporation shall be the members of the Board, and the Director of the corporation shall be the Director of the Board; and
“(B) the extent of the authority of the corporation shall be the same as that of the Board.
“(3) No director, officer, or employee of any corporation established under this subsection may receive compensation, travel expenses, or benefits from both the corporation and the Board.”
1990—Subsec. (a). Pub. L. 101–525, § 7(a), which directed the insertion of “(a)” after the section designation, was not executed in view of existing subsec. (a) designation.
Subsec. (b)(2)(C). Pub. L. 101–525, § 7(b)(1)(A), substituted “conduct” for “conducting” and struck out “State and” after “new”.
Subsec. (b)(2)(D), (E). Pub. L. 101–525, § 7(b)(1)(B), added subpar. (D) and redesignated former subpar. (D) as (E). Former subpar. (E) redesignated (F).
Subsec. (b)(2)(F). Pub. L. 101–525, § 7(b)(1)(B), (C), redesignated subpar. (E) as (F) and substituted “conduct” for “conducting”. Former subpar. (F) redesignated (G).
Subsec. (b)(2)(G), (H). Pub. L. 101–525, § 7(b)(1)(B), redesignated subpars. (F) and (G) as (G) and (H), respectively.
Subsecs. (c), (d). Pub. L. 101–525, § 7(b)(2), added subsec. (c). Former subsecs. (c) and (d) redesignated (d) and (e), respectively.
Subsec. (e). Pub. L. 101–525, § 7(b)(2), (c), redesignated subsec. (d) as (e) and amended it generally. Prior to amendment, subsec. (e) read as follows: “The Board may seek and accept, from sources other than the Federal Government, funds and other resources to carry out its activities. The Board may not accept any funds or other resources which are—
“(1) donated with a restriction on their use unless such restriction merely provides that such funds or other resources be used in furtherance of the Congressional Award Program; or
“(2) donated subject to the condition that the identity of the donor of the funds or resources shall remain anonymous.
The Board may permit donors to use the name of the Board or the name ‘Congressional Award Program’ in advertising.” Former subsec. (e) redesignated (f).
Subsecs. (f) to (i). Pub. L. 101–525, § 7(b)(2), redesignated subsecs. (e) to (h) as (f) to (i), respectively.
1988—Pub. L. 100–674, § 2(c)(1), substituted “Powers, functions, and limitations” for “Powers and limitations of Board” in section catchline.
Subsecs. (b) to (h). Pub. L. 100–674, § 2(c)(2), added subsec. (b) and redesignated former subsecs. (b) to (g) as (c) to (h), respectively.
1986—Subsec. (a)(2). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
1985—Subsec. (c). Pub. L. 99–161 inserted at end “The Board may permit donors to use the name of the Board or the name ‘Congressional Award Program’ in advertising.”
The Board shall enter into a contract with an independent public accountant to conduct an annual audit in accordance with generally accepted government auditing standards, of the financial records of the Board and of any corporation established under section 806(i) of this title, and shall ensure that the independent public accountant has access for the purpose of the audit to any books, documents, papers, and records of the Board or such corporation (or any agent of the Board or such corporation) which the independent public accountant reasonably determines to be pertinent to the Congressional Award Program.
Not later than May 15 of each calendar year, the Board shall submit to appropriate officers, committees, and subcommittees of Congress and to the Comptroller General of the United States a report on the results of the most recent audit conducted pursuant to this section, and shall include in the report information on any such additional areas as the independent public accountant who conducted the audit determines deserve or require evaluation.
2014—Pub. L. 113–188 amended section generally. Prior to amendment, section related to annual audits and reports by the Comptroller General.
1990—Subsec. (a). Pub. L. 101–525, § 8(1), substituted “section 806(i) of this title” for “section 806(h) of this title” and “annually” for “at least biennially”.
Subsec. (b). Pub. L. 101–525, § 8(2), added subsec. (b) and struck out former subsec. (b) which required audit to assess adequacy of fiscal control and funds accountability procedures and propriety of expenses.
Subsecs. (c), (d). Pub. L. 101–525, § 8(2), struck out subsec. (c) which required the Comptroller General to include in report on first audit performed after
1988—Subsec. (a). Pub. L. 100–674 substituted “section 806(h)” for “section 806(g)”.
1985—Pub. L. 99–161, § 4(g)(1), inserted “and evaluation” after “Audits” in section catchline.
Subsec. (a). Pub. L. 99–161, § 4(g)(2)–(4), designated existing provisions as subsec. (a), substituted “shall be audited at least biennially” for “may be audited”, and struck out “at such times as the Comptroller General may determine to be appropriate” after “referred to as the ‘Comptroller General’)”.
Subsecs. (b) to (d). Pub. L. 99–161, § 4(g)(5), added subsecs. (b) to (d).
Amendment by Pub. L. 113–188 effective
The Board shall terminate
2018—Pub. L. 115–268 substituted “
2013—Pub. L. 113–43 substituted “
2010—Pub. L. 111–200 substituted “
2005—Pub. L. 109–143 substituted “
1999—Pub. L. 106–63 substituted “
1996—Pub. L. 104–208 substituted “1999” for “1995”.
1992—Pub. L. 102–457 substituted “1995” for “1992”.
1990—Pub. L. 101–525 amended section generally, substituting present provision for provisions which had: in subsec. (a) directed that the Board terminate on
1988—Pub. L. 100–674 amended section generally. Prior to amendment, section read as follows: “The Board shall terminate on
1985—Pub. L. 99–161 substituted “on
Pub. L. 115–268, § 2(b),
Pub. L. 113–43, § 3,
Pub. L. 111–200, § 2(h)(2),
Pub. L. 109–143, § 1(b)(2),
Pub. L. 104–208, div. A, title V, § 5401(c),
Pub. L. 101–525, § 2(b),
Sections were omitted pursuant to section 817b of this title which provided that the Congressional Recognition for Excellence in Arts Education Awards Board terminated 6 years after
Section 811, Pub. L. 96–114, title II, § 202, as added Pub. L. 106–533, § 1(a),
Section 812, Pub. L. 96–114, title II, § 203, as added Pub. L. 106–533, § 1(a),
Section 813, Pub. L. 96–114, title II, § 204, as added Pub. L. 106–533, § 1(a),
Section 814, Pub. L. 96–114, title II, § 205, as added Pub. L. 106–533, § 1(a),
Section 815, Pub. L. 96–114, title II, § 206, as added Pub. L. 106–533, § 1(a),
Section 816, Pub. L. 96–114, title II, § 207, as added Pub. L. 106–533, § 1(a),
Section 817, Pub. L. 96–114, title II, § 208, as added Pub. L. 106–533, § 1(a),
Section 817a, Pub. L. 96–114, title II, § 209, as added Pub. L. 106–533, § 1(a),
Section 817b, Pub. L. 96–114, title II, § 210, as added Pub. L. 106–533, § 1(a),
Section 817c, Pub. L. 96–114, title II, § 211, as added Pub. L. 106–533, § 1(a),
Two separate awards may be given under this section in each year. One such award may be given to a qualifying individual (including employees of any State or local government, or the Federal Government), and 1 such award may be given to a qualifying organization, institution, or business.
No award shall be made under this section to an entity in either category described in paragraph (1) in any year if there is no qualified individual, organization, institution, or business recommended under subsection (c) for an award in such category in that year.
An evaluation of each nominee shall be conducted by the Office of Technology Assessment. The Office of Technology Assessment shall work with the selection panel to establish appropriate procedures for evaluating nominees.
The selection panel shall review the Office of Technology Assessment’s evaluation of each nominee and may, based on those evaluations, recommend 1 award winner for each year for each category described in subsection (b)(1) to the Majority and Minority Leaders of the Senate and the Speaker and the Minority Leader of the House of Representatives.
The Majority and Minority Leaders of the Senate and the Speaker and the Minority Leader of the House of Representatives shall make the award to an individual and an organization, institution, or business that has demonstrated excellence in promoting United States industrial competitiveness in the international marketplace through technological innovation, productivity improvement, or improved competitive strategies.
The presentation of an award under this section shall be made by the Majority and Minority Leaders of the Senate and the Speaker and the Minority Leader of the House of Representatives, with such ceremonies as they may deem proper.
An individual, organization, institution, or business to which an award is made under this section may publicize its receipt of such award and use the award in its advertising, but it shall be ineligible to receive another award in the same category for a period of 5 years.
The Office of Technology Assessment shall ensure that all nominees receive a detailed summary of any evaluation conducted of such nominee under subsection (c).
The Office of Technology Assessment shall also make available to all nominees and the public a summary of each award winner’s competitiveness strategy. Proprietary information shall not be included in any such summary without the consent of the award winner.
The Majority and Minority Leaders of the Senate and the Speaker and the Minority Leader of the House of Representatives are authorized to seek and accept gifts from public and private sources to defray the cost of implementing this section.
This subchapter provides for budget enforcement as called for in House Concurrent Resolution 84 (105th Congress, 1st session).
House Concurrent Resolution 84, referred to in subsec. (b), is H. Con. Res. 84,
The Balanced Budget Act of 1997, referred to in subsec. (c)(4)(F), (17), is Pub. L. 105–33,
The Congressional Budget Act of 1974, referred to in subsec. (c)(19), is titles I through IX of Pub. L. 93–344,
Subsection (a) of this section, which provided a partial table of contents for this subchapter, was omitted from the Code.
Pub. L. 101–508, § 13101(b), transferred section 257(12) of Pub. L. 99–177, which was classified to section 907(12) of this title, to subsec. (c)(21) (now (c)(19)) of this section.
2013—Subsec. (c)(4)(D) to (F). Pub. L. 113–67 added subpars. (D) to (F).
2011—Subsec. (c)(4). Pub. L. 112–25, § 102(1), added par. (4) and struck out former par. (4) which defined the terms “category”, “highway category”, “mass transit category”, “conservation spending category”, “Federal and State Land and Water Conservation Fund sub-category”, “State and Other Conservation sub-category”, “Urban and Historic Preservation sub-category”, “Payments in Lieu of Taxes sub-category”, “Federal Deferred Maintenance sub-category”, and “Coastal Assistance sub-category” and provided a special rule for outlays in excess of the discretionary spending limit for the highway or mass transit category.
Subsec. (c)(8)(C). Pub. L. 112–25, § 102(2), substituted “the Supplemental Nutrition Assistance Program” for “the food stamp program”.
Subsec. (c)(14). Pub. L. 112–25, § 102(3), added par. (14) and struck out former par. (14) which read as follows: “The term ‘outyear’ means, with respect to a budget year, any of the first 4 fiscal years that follow the budget year.”
Subsec. (c)(20), (21). Pub. L. 112–25, § 102(4), added pars. (20) and (21).
2010—Subsec. (c)(18). Pub. L. 111–139 substituted “the expenses of the Federal deposit insurance agencies” for “the expenses the Federal deposit insurance agencies”.
2005—Subsec. (c)(4)(B). Pub. L. 109–59, § 8001(b)(1)(A), substituted “the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users:” for “the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2004, Part V and the Surface Transportation Extension Act of 2003:” in introductory provisions.
Subsec. (c)(4)(B)(v) to (vii). Pub. L. 109–59, § 8001(b)(1)(B), added cls. (v) to (vii).
Subsec. (c)(4)(C). Pub. L. 109–59, § 8001(b)(2), added heading and text of subpar. (C) and struck out former subpar. (C) which provided that the term “mass transit category” referred to the budget accounts as listed in cls. (i) to (vi) that were subject to the obligation limitations on contract authority provided in the Transportation Equity Act for the 21st Century, the Surface Transportation Extension Act of 2004, Part V, and the Surface Transportation Extension Act of 2003, or for which appropriations were provided pursuant to authorizations contained in those Acts, with certain exceptions, and that such term also referred to the Washington Metropolitan Transit Authority account (69–1128–0–1–401) only for fiscal year 1999 only for appropriations provided pursuant to authorizations contained in section 14 of Public Law 96–184 and Public Law 101–551.
2004—Subsec. (c)(4)(B). Pub. L. 108–310, § 10(c)(1), inserted “and the Surface Transportation Extension Act of 2004, Part V” after “Century”.
Subsec. (c)(4)(C). Pub. L. 108–310, § 10(c)(2)(A), inserted “and the Surface Transportation Extension Act of 2004, Part V” after “provided in the Transportation Equity Act for the 21st Century”.
Pub. L. 108–310, § 10(c)(2)(B), which directed the substitution of “those Acts” for “that Act”, could not be executed because the words “that Act” did not appear subsequent to amendment by Pub. L. 108–88. See 2003 Amendment note below.
2003—Subsec. (c)(4)(B). Pub. L. 108–88, § 10(c)(1), inserted “and the Surface Transportation Extension Act of 2003” after “Century”.
Subsec. (c)(4)(C). Pub. L. 108–88, § 10(c)(2), inserted “and the Surface Transportation Extension Act of 2003” after “Century” the first place it appears and substituted “those Acts” for “that Act”.
2000—Subsec. (c)(4)(E) to (K). Pub. L. 106–291 added subpars. (E) to (K).
1998—Subsec. (c)(4). Pub. L. 105–178, § 8101(c), designated existing provisions as subpar. (A) and added subpars. (B) to (D).
Subsec. (c)(4)(C). Pub. L. 105–178, § 8101(f), as added by Pub. L. 105–206, § 9013(b), in introductory provisions, substituted “Century or” for “Century and” and “as amended by the Transportation Equity Act for the 21st Century” for “as amended by this section”, and inserted concluding provisions.
1997—Subsec. (a). Pub. L. 105–33, §§ 10204(a)(2), 10208(a)(2), amended table of contents. See Codification note above.
Subsec. (b). Pub. L. 105–33, § 10202(a), substituted present text for former text which read as follows: “This subchapter provides for the enforcement of the deficit reduction assumed in House Concurrent Resolution 310 (101st Congress, second session) and the applicable deficit targets for fiscal years 1991 through 1995. Enforcement, as necessary, is to be implemented through sequestration—
“(1) to enforce discretionary spending levels assumed in that resolution (with adjustments as provided hereinafter);
“(2) to enforce the requirement that any legislation increasing direct spending or decreasing revenues be on a pay-as-you-go basis; and
“(3) to enforce the deficit targets specifically set forth in the Congressional Budget and Impoundment Control Act of 1974 (with adjustments as provided hereinafter);
applied in the order set forth above.”
Subsec. (c)(1). Pub. L. 105–33, § 10202(b)(1), struck out “(but including the treatment specified in section 907(b)(3) of this title of the Hospital Insurance Trust Fund) and the terms ‘maximum deficit amount’ ” before “and ‘discretionary” and substituted “section 901” for “section 601 of that Act as adjusted under sections 901 and 903”.
Subsec. (c)(4). Pub. L. 105–33, § 10202(b)(2), added par. (4) and struck out former par. (4) which read as follows: “The term ‘category’ means:
“(A) For fiscal years 1991, 1992, and 1993, any of the following subsets of discretionary appropriations: defense, international, or domestic. Discretionary appropriations in each of the three categories shall be those so designated in the joint statement of managers accompanying the conference report on the Omnibus Budget Reconciliation Act of 1990. New accounts or activities shall be categorized in consultation with the Committees on Appropriations and the Budget of the House of Representatives and the Senate.
“(B) For fiscal years 1994 and 1995, all discretionary appropriations.
Contributions to the United States to offset the cost of Operation Desert Shield shall not be counted within any category.”
Subsec. (c)(6). Pub. L. 105–33, § 10202(b)(3), added par. (6) and struck out former par. (6) which read as follows: “The term ‘budgetary resources’ means—
“(A) with respect to budget year 1991, new budget authority; unobligated balances; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; direct spending authority; and obligation limitations; or
“(B) with respect to budget year 1992, 1993, 1994, or 1995, new budget authority; unobligated balances; direct spending authority; and obligation limitations.”
Subsec. (c)(9). Pub. L. 105–33, § 10202(b)(4), substituted “that budget submission that are not included with it” for “submission of the fiscal year 1992 budget that are not included with a budget submission”.
Subsec. (c)(14). Pub. L. 105–33, § 10202(b)(5), inserted “first 4” before “fiscal years” and struck out “through fiscal year 1995” after “the budget year”.
Subsec. (c)(17). Pub. L. 105–33, § 10202(b)(6), (7), redesignated par. (18) as (17), substituted “Balanced Budget Act of 1997” for “Omnibus Budget Reconciliation Act of 1990”, and struck out former par. (17) which read as follows: “For purposes of sections 902 and 903 of this title, legislation enacted during the second session of the One Hundred First Congress shall be deemed to have been enacted before
Subsec. (c)(18). Pub. L. 105–33, § 10202(b)(6), (8), redesignated par. (19) as (18) and substituted “the Federal deposit insurance agencies, and other Federal agencies supervising insured depository institutions, resulting from full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates.” for “of the Federal Deposit Insurance Corporation and the funds it incorporates, the Resolution Trust Corporation, the National Credit Union Administration and the funds it incorporates, the Office of Thrift Supervision, the Comptroller of the Currency Assessment Fund, and the RTC Office of Inspector General.” Former par. (18) redesignated (17).
Subsec. (c)(19). Pub. L. 105–33, § 10202(b)(9), added par. (19) and struck out former par. (19) which read as follows: “The sale of an asset means the sale to the public of any asset, whether physical or financial, owned in whole or in part by the United States. The term ‘prepayment of a loan’ means payments to the United States made in advance of the schedules set by law or contract when the financial asset is first acquired, such as the prepayment to the Federal Financing Bank of loans guaranteed by the Rural Electrification Administration. If a law or contract allows a flexible payment schedule, the term ‘in advance’ shall mean in advance of the slowest payment schedule allowed under such law or contract.”
Pub. L. 105–33, § 10202(b)(6), redesignated par. (21) as (19). Former par. (19) redesignated (18).
Subsec. (c)(20). Pub. L. 105–33, § 10202(b)(6), struck out par. (20) which read as follows: “The term ‘composite outlay rate’ means the percent of new budget authority that is converted to outlays in the fiscal year for which the budget authority is provided and subsequent fiscal years, as follows:
“(A) For the international category, 46 percent for the first year, 20 percent for the second year, 16 percent for the third year, and 8 percent for the fourth year.
“(B) For the domestic category, 53 percent for the first year, 31 percent for the second year, 12 percent for the third year, and 2 percent for the fourth year.”
Subsec. (c)(21). Pub. L. 105–33, § 10202(b)(6), redesignated par. (21) as (19).
1990—Subsec. (c)(21). Pub. L. 101–508, § 13101(b), redesignated section 907(12) of this title as par. (21).
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before
Pub. L. 103–66, title XIV, § 14002(c)(3)(A),
Pub. L. 99–177, title II, § 275,
Pub. L. 118–5, § 1,
Pub. L. 117–71, § 1,
Pub. L. 116–37, § 1,
Pub. L. 113–67, div. A, § 1(a),
Pub. L. 112–25, § 1(a),
Pub. L. 105–33, title X, § 10001(a),
Pub. L. 101–508, title XIII, § 13001(a),
Pub. L. 100–119, title I, § 101(b),
Pub. L. 99–177, title II, § 200(a),
Pub. L. 112–25, § 2,
Pub. L. 112–25, title IV,
Pub. L. 108–7, div. B, title II, § 214,
Similar provisions were contained in the following prior appropriation act:
Pub. L. 107–77, title II,
Pub. L. 105–33, title X, § 10201,
Pub. L. 102–377, title V, § 503,
Pub. L. 99–177, title II, § 271(b),
Pub. L. 99–177, title II, § 271(c), as added by Pub. L. 100–119, title II, § 210(a),
Pub. L. 103–66, title XIV, § 14004,
Pub. L. 101–508, title XIII, § 13305,
Pub. L. 100–119, title II, § 213,
Pub. L. 99–177, title II, § 271(d), formerly § 271(c),
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.
Ex. Ord. No. 12857,
Ex. Ord. No. 12858,
By the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, including sections 1104 and 1105 of title 31, United States Code, it is hereby ordered as follows:
(a) Establishment of the Fund. There is established a separate account in the Treasury, known as the Deficit Reduction Fund, which shall receive the net deficit reduction achieved by the Omnibus Budget Reconciliation Act of 1993 [Pub. L. 103–66, see Tables for classification] as called for in subsection (b) of this order.
(b) Amounts in Fund. Beginning upon enactment of the Omnibus Budget Reconciliation Act of 1993 [
(1) for fiscal year 1994, $60,292,000,000;
(2) for fiscal year 1995, $70,437,000,000;
(3) for fiscal year 1996, $92,061,000,000;
(4) for fiscal year 1997, $125,881,000,000;
(5) for fiscal year 1998, $146,939,000,000.
Within 30 days of enactment of the Omnibus Budget Reconciliation Act of 1993, the foregoing amounts may be adjusted by the Director of the Office of Management and Budget to reflect the final scoring of such Act.
(c) Status of Amounts in Fund. (i) The amounts in the Deficit Reduction Fund shall be used exclusively to redeem maturing debt obligations of the Treasury of the United States held by foreign governments in the amounts specified in subsection (b).
(ii) The amounts in the Deficit Reduction Fund as set forth in subsection (b) that result from increases in total revenues and spending reductions shall not be available for new spending or to finance measures that increase the deficit for purposes of budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901–922 [900–922]).
(d) Effect on Other Funds. Establishment of and transfers to the Deficit Reduction Fund shall not affect trust fund transfers that may be authorized or required by provisions of the Omnibus Reconciliation Act of 1993 or any other provision of law.
Within 15 calendar days after Congress adjourns to end a session there shall be a sequestration to eliminate a budget-year breach, if any, within any category.
Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to eliminate a breach within that category.
If the President uses the authority to exempt any personnel account from sequestration under section 905(f) of this title, each account within subfunctional category 051 (other than those military personnel accounts for which the authority provided under section 905(f) of this title has been exercised) shall be further reduced by a dollar amount calculated by multiplying the enacted level of non-exempt budgetary resources in that account at that time by the uniform percentage necessary to offset the total dollar amount by which outlays are not reduced in military personnel accounts by reason of the use of such authority.
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.
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).
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.
Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any discretionary appropriation, OMB shall transmit a report to the House of Representatives and to the Senate containing both the CBO and OMB estimates of the amount of discretionary new budget authority for the current year, if any, and the budget year provided by that legislation, and an explanation of any difference between the 2 estimates. If during the preparation of the report OMB determines that there is a significant difference between OMB and CBO, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation shall include, to the extent practicable, written communication to those committees that affords such committees the opportunity to comment before the issuance of the report.
OMB estimates under this paragraph shall be made using current economic and technical assumptions. OMB shall use the OMB estimates transmitted to the Congress under this paragraph. OMB and CBO shall prepare estimates under this paragraph in conformance with scorekeeping guidelines determined after consultation among the Committees on the Budget of the House of Representatives and the Senate, CBO, and OMB.
For purposes of this paragraph, amounts provided by annual appropriations shall include any discretionary appropriations for the current year, if any, and the budget year in accounts for which funding is provided in that legislation that result from previously enacted legislation.
When the President submits the budget under section 1105 of title 31, OMB shall calculate and the budget shall include adjustments to discretionary spending limits (and those limits as cumulatively adjusted) for the budget year and each outyear to reflect changes in concepts and definitions. Such changes shall equal the baseline levels of new budget authority and outlays using up-to-date concepts and definitions, minus those levels using the concepts and definitions in effect before such changes. Such changes may only be made after consultation with the Committees on Appropriations and the Budget of the House of Representatives and the Senate, and that consultation shall include written communication to such committees that affords such committees the opportunity to comment before official action is taken with respect to such changes.
As used in this subparagraph, the term “additional new budget authority” means the amount provided for a fiscal year, in excess of $117,000,000, in an appropriation Act and specified to pay for grants to States under section 306 of the Social Security Act [42 U.S.C. 506].
The term “additional new budget authority” means the amount provided for a fiscal year in an appropriation Act that is in excess of the average costs for wildfire suppression operations as reported in the budget of the President submitted under section 1105(a) of title 31 for fiscal year 2015 and are specified to pay for the costs of wildfire suppression operations in an amount not to exceed the amount specified for that fiscal year in clause (i).
If, for fiscal year 2020, appropriations for the Periodic Censuses and Programs account of the Bureau of the Census of the Department of Commerce are enacted that the Congress designates in statute as being for the 2020 Census, then the adjustment for that fiscal year shall be the total of such appropriations for that fiscal year designated as being for the 2020 Census, but shall not exceed $2,500,000,000.
If, after
If, after
The Social Security Act, referred to in subsec. (b)(2)(B)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles II and XVI of the Act are classified generally to subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(2)(D)(i)(II), is Pub. L. 93–288,
Pub. L. 101–508, § 13101(e)(2), redesignated former subsec. (a)(6)(I) of this section as section 257(e) of Pub. L. 99–177, which is classified to section 907(e) of this title.
2023—Subsec. (b)(2)(B)(i)(XI), (XII). Pub. L. 118–5, § 101(b)(1), added subcls. (XI) and (XII).
Subsec. (b)(2)(C)(i)(XI), (XII). Pub. L. 118–5, § 101(b)(2), added subcls. (XI) and (XII).
Subsec. (b)(2)(D)(i). Pub. L. 118–5, § 101(b)(3)(A), substituted “for fiscal years 2024 and 2025” for “for fiscal years 2012 through 2021” in introductory provisions.
Subsec. (b)(2)(D)(i)(II). Pub. L. 118–5, § 101(b)(3)(B), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: “notwithstanding clause (iv), starting in fiscal year 2018, five percent of the total appropriations provided after fiscal year 2011 or in the previous 10 years, whichever is less, net of any rescissions of budget authority enacted in the same period, with respect to amounts provided for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and designated by the Congress and the President as an emergency pursuant to subparagraph (A)(i) of this paragraph; and”.
Subsec. (b)(2)(E)(i)(V), (VI). Pub. L. 118–5, § 101(b)(4), added subcls. (V) and (VI).
Subsec. (c)(9), (10). Pub. L. 118–5, § 101(a), added pars. (9) and (10).
Subsecs. (d), (e). Pub. L. 118–5, § 102, added subsecs. (d) and (e).
2019—Subsec. (b)(2)(G). Pub. L. 116–37, § 101(c), added subpar. (G).
Subsec. (c)(7), (8). Pub. L. 116–37, § 101(a), added pars. (7) and (8) and struck out former pars. (7) and (8) which read as follows:
“(7) for fiscal year 2020—
“(A) for the revised security category, $630,000,000,000 in new budget authority; and
“(B) for the revised nonsecurity category, $578,000,000,000 in new budget authority; and
“(8) for fiscal year 2021—
“(A) for the revised security category, $644,000,000,000 in new budget authority; and
“(B) for the revised nonsecurity category, $590,000,000,000 in new budget authority;”.
2018—Subsec. (b)(2)(D)(i). Pub. L. 115–141, § 102(a)(1), added subcls. (I) to (III) and struck out former subcls. (I) and (II) which read as follows:
“(I) the average funding provided for disaster relief over the previous 10 years, excluding the highest and lowest years; and
“(II) the amount, for years when the enacted new discretionary budget authority designated as being for disaster relief for the preceding fiscal year was less than the average as calculated in subclause (I) for that fiscal year, that is the difference between the enacted amount and the allowable adjustment as calculated in such subclause for that fiscal year.”
Subsec. (b)(2)(D)(ii). Pub. L. 115–141, § 102(a)(2), as amended by Pub. L. 115–334, § 8704(a)(1)(A), substituted “not later than 30 days after
Subsec. (b)(2)(E). Pub. L. 115–123, § 30206(c), added subpar. (E).
Subsec. (b)(2)(F). Pub. L. 115–141, § 102(a)(3), added subpar. (F).
Subsec. (c)(5), (6). Pub. L. 115–123, § 30101(a), added pars. (5) and (6) and struck out former pars. (5) and (6) which defined discretionary spending limits for fiscal years 2018 and 2019, respectively.
2015—Subsec. (a)(7)(B). Pub. L. 114–113 substituted “both the CBO and OMB estimates of the amount of discretionary new budget authority” for “the CBO estimate of that legislation, an OMB estimate of the amount of discretionary new budget authority and outlays”.
Subsec. (b)(2)(B)(i). Pub. L. 114–74, § 815(1)(A), in introductory provisions, substituted “, for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys” for “and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act”.
Subsec. (b)(2)(B)(i)(VI). Pub. L. 114–74, § 815(1)(B), substituted “$1,546,000,000” for “$1,309,000,000”.
Subsec. (b)(2)(B)(i)(VII). Pub. L. 114–74, § 815(1)(C), substituted “$1,462,000,000” for “$1,309,000,000”.
Subsec. (b)(2)(B)(i)(VIII). Pub. L. 114–74, § 815(1)(D), substituted “$1,410,000,000” for “$1,309,000,000”.
Subsec. (b)(2)(B)(i)(X). Pub. L. 114–74, § 815(1)(E), substituted “$1,302,000,000” for “$1,309,000,000”.
Subsec. (b)(2)(B)(ii)(I). Pub. L. 114–74, § 815(2), inserted before semicolon “, including work-related continuing disability reviews to determine whether earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity”.
Subsec. (b)(2)(B)(ii)(III). Pub. L. 114–74, § 815(3), substituted “, redeterminations, co-operative disability investigation units, and fraud prosecutions” for “and redeterminations”.
Subsec. (c)(3), (4). Pub. L. 114–74, § 101(a), added pars. (3) and (4) and struck out former pars. (3) and (4) which defined discretionary spending limits for fiscal years 2016 and 2017.
2013—Subsec. (c). Pub. L. 113–67 added pars. (1) to (8) and struck out former pars. (1) to (10) which defined discretionary spending limits for fiscal years 2012 to 2021.
Subsec. (c)(2), (3). Pub. L. 112–240 amended pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3) read as follows:
“(2) with respect to fiscal year 2013—
“(A) for the security category, $686,000,000,000 in new budget authority; and
“(B) for the nonsecurity category, $361,000,000,000 in new budget authority;
“(3) with respect to fiscal year 2014, for the discretionary category, $1,066,000,000,000 in new budget authority;”.
2011—Pub. L. 112–25 amended section generally. Prior to amendment, section related to enforcing discretionary spending limits.
2005—Subsec. (b)(1)(B) to (E). Pub. L. 109–59, § 8002, reenacted heading of subpar. (B) without change and amended text of subpars. (B) to (E) generally. Prior to amendment, subpar. (B) provided for adjustments to align highway spending with revenues using amount of obligations set forth in section 8103 of the Transportation Equity Act for the 21st Century and estimates of receipts for fiscal years 1998 through 2003, subpar. (C) provided for additional adjustments required in budget submissions for fiscal years 2000 through 2003, subpar. (D) provided for a final sequester report for fiscal year 1999 and an adjustment of estimates upon submission of the budget for fiscal years 2000 through 2003, and subpar. (E) required consultation with the Committees on the Budget and inclusion of a report on adjustments under subparagraphs (B) and (C) in the preview report.
Subsec. (c). Pub. L. 109–59, § 8001(a), added pars. (1) to (5), redesignated former pars. (2) to (9) as (6) to (13), respectively, and struck out former par. (1) which read as follows: “with respect to fiscal year 2004—
“(A) for the highway category: $31,834,000,000 in outlays;
“(B) for the mass transit category: $1,462,000,000 in new budget authority and $6,629,000,000 in outlays; and
“(C) for the conservation spending category: $2,080,000,000, in new budget authority and $2,032,000,000 in outlays;”.
2004—Subsec. (b)(2). Pub. L. 108–310, § 10(a), which directed amendment of par. (2) by striking out “through 2002” in introductory provisions, could not be executed because the phrase “through 2002” did not appear subsequent to amendment by Pub. L. 108–88, § 10(a). See 2003 Amendment note below.
Subsec. (c). Pub. L. 108–310, § 10(b), which directed the amendment of subsec. (c) by redesignating par. (8) as par. (1), substituting “with respect to fiscal year 2005—” for “with respect to fiscal year 2005” and adding subpars. (A) and (B) in par. (1), redesignating remaining provisions of par. (1) as subpar. (C), redesignating pars. (9) to (16) as (2) to (9), respectively, and striking out former pars. (1) to (7), which defined “discretionary spending limit” with respect to fiscal years 2002 to 2006, either could not be executed or could not be executed as intended because of prior amendments by Pub. L. 108–88, § 10(b). See 2003 Amendment notes below.
2003—Subsec. (b)(2). Pub. L. 108–88, § 10(a), struck out “through 2002” after “succeeding year” in introductory provisions.
Subsec. (c)(1). Pub. L. 108–88, § 10(b)(1), redesignated par. (8) as (1), substituted “with respect to fiscal year 2004—” for “with respect to fiscal year 2004”, added subpars. (A) and (B), redesignated remaining provisions of par. (1) as subpar. (C), and struck out former par. (1), which defined “discretionary spending limit” with respect to fiscal year 1997.
Subsec. (c)(2) to (16). Pub. L. 108–88, § 10(b), redesignated pars. (9) to (16) as (2) to (9), respectively, and struck out former pars. (2) to (7), which defined “discretionary spending limit” with respect to fiscal years 1998 to 2003.
2002—Subsec. (c)(6)(A). Pub. L. 107–117, § 101(a)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: “for the discretionary category: $551,074,000,000 in new budget authority and $560,799,000,000 in outlays;”.
Subsec. (c)(6)(C). Pub. L. 107–117, § 101(a)(2), struck out second “and” at end.
Subsec. (c)(6)(D). Pub. L. 107–117, § 101(a)(3), substituted “$1,473,000,000” for “$1,232,000,000”.
2000—Subsec. (b)(2)(H). Pub. L. 106–291, § 801(b), added subpar. (H).
Subsec. (c)(5)(A). Pub. L. 106–429 added subpar. (A) and struck out former subpar. (A) which read as follows: “for the discretionary category: $542,032,000,000 in new budget authority and $564,396,000,000 in outlays;”.
Subsec. (c)(6)(D). Pub. L. 106–291, § 801(a)(1), added subpar. (D).
Subsec. (c)(7)(C). Pub. L. 106–291, § 801(a)(2), added subpar. (C).
Subsec. (c)(8) to (16). Pub. L. 106–291, § 801(a)(3), added pars. (8) to (16).
1998—Subsec. (b)(1). Pub. L. 105–178, § 8101(d), designated existing provisions as subpar. (A), inserted heading, and added subpars. (B) to (E).
Subsec. (c)(3)(D), (E). Pub. L. 105–178, § 8101(a)(1), added subpars. (D) and (E).
Subsec. (c)(4)(C), (D). Pub. L. 105–178, § 8101(a)(2), added subpars. (C) and (D).
Subsec. (c)(5). Pub. L. 105–178, § 8101(a)(3), substituted a dash for comma after “2001”, designated remaining provisions as subpar. (A), realigned margins, struck out “and” at end, and added subpars. (B) and (C).
Subsec. (c)(6). Pub. L. 105–178, § 8101(a)(4), substituted a dash for comma after “2002”, designated remaining provisions as subpar. (A), realigned margins, and added subpars. (B) and (C).
Subsec. (c)(7). Pub. L. 105–178, § 8101(a)(5), added par. (7).
1997—Subsec. (a). Pub. L. 105–33, § 10203(a)(1), struck out “Fiscal Years 1991–1998” before “Enforcement” in heading.
Subsec. (a)(3). Pub. L. 105–33, § 10203(a)(2), substituted “section 905(f)” for “section 905(h)” in two places.
Subsec. (a)(7). Pub. L. 105–33, § 10203(a)(3), added par. (7) and struck out heading and text of former par. (7). Text read as follows: “As soon as practicable after Congress completes action on any discretionary appropriation, CBO, after consultation with the Committees on the Budget of the House of Representatives and the Senate, shall provide OMB with an estimate of the amount of discretionary new budget authority and outlays for the current year (if any) and the budget year provided by that legislation. Within 5 calendar days after the enactment of any discretionary appropriation, OMB shall transmit a report to the House of Representatives and to the Senate containing the CBO estimate of that legislation, an OMB estimate of the amount of discretionary new budget authority and outlays for the current year (if any) and the budget year provided by that legislation, and an explanation of any difference between the two estimates. For purposes of this paragraph, amounts provided by annual appropriations shall include any new budget authority and outlays for those years in accounts for which funding is provided in that legislation that result from previously enacted legislation. Those OMB estimates shall be made using current economic and technical assumptions. OMB shall use the OMB estimates transmitted to the Congress under this paragraph for the purposes of this subsection. OMB and CBO shall prepare estimates under this paragraph in conformance with scorekeeping guidelines determined after consultation among the House and Senate Committees on the Budget, CBO, and OMB.”
Subsec. (b). Pub. L. 105–33, § 10203(a)(4), added subsec. (b) and struck out heading and text of former subsec. (b) which provided that when the President submitted the budget for a budget year from 1992 to 1998, OMB was to calculate, and the budget was to include, adjustments to discretionary spending limits reflecting certain enumerated factors and provided that when OMB submitted a sequestration report for a fiscal year from 1991 to 1998, OMB was to calculate, and the sequestration report and subsequent budgets were to include, adjustments to discretionary spending limits reflecting certain enumerated factors.
Subsec. (b)(2)(G). Pub. L. 105–89 added subpar. (G).
Subsec. (c). Pub. L. 105–33, § 10203(b), added subsec. (c).
1996—Subsec. (b)(2)(G). Pub. L. 104–208 substituted “fiscal years 1994, 1995, and 1997” for “fiscal year 1994 and 1995” in two places.
Subsec. (b)(2)(H). Pub. L. 104–121 added subpar. (H).
Subsec. (b)(2)(H)(i). Pub. L. 104–193, § 211(d)(5)(B)(i), substituted “$175,000,000” for “$25,000,000” and “$310,000,000” for “$160,000,000” in subcl. (II), and “$245,000,000” for “$145,000,000” and “$470,000,000” for “$370,000,000” in subcl. (III).
Subsec. (b)(2)(H)(ii)(I). Pub. L. 104–193, § 211(d)(5)(B)(ii), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “the term ‘continuing disability reviews’ has the meaning given such term by section 401(g)(1)(A) of title 42;”.
1994—Subsec. (b)(2)(D)(i). Pub. L. 103–354 inserted at end “This subparagraph shall not apply to appropriations to cover agricultural crop disaster assistance.”
Subsec. (b)(2)(G). Pub. L. 103–306 substituted “1994 and 1995” for “1994” in two places.
1993—Subsec. (a). Pub. L. 103–66, § 14002(c)(1)(A), substituted “1998” for “1995” in heading.
Subsec. (b)(1). Pub. L. 103–66, § 14002(c)(1)(B)(i), in introductory provisions, substituted “1995, 1996, 1997, or 1998” for “or 1995” and “outyear through 1998” for “outyear through 1995”.
Subsec. (b)(1)(B)(iii). Pub. L. 103–66, § 14002(c)(1)(B)(ii), added cl. (iii).
Subsec. (b)(2). Pub. L. 103–66, § 14002(c)(1)(B)(iii), in introductory provisions, substituted “1995, 1996, 1997, or 1998” for “or 1995” and “year through 1998” for “year through 1995”.
Subsec. (b)(2)(D)(i). Pub. L. 103–66, § 14002(c)(1)(B)(iv), substituted “for any fiscal year,” for “for fiscal year 1991, 1992, 1993, 1994, or 1995,”.
Subsec. (b)(2)(E)(iv). Pub. L. 103–66, § 14002(c)(1)(B)(v), added cl. (iv).
Subsec. (b)(2)(F). Pub. L. 103–66, § 14002(c)(1)(B)(vi), inserted before period at end “, and not to exceed 0.5 percent of the adjusted descretionary [sic] spending limit on outlays for the fiscal year in fiscal year 1996, 1997, or 1998”.
Subsec. (b)(2)(G). Pub. L. 103–87 added subpar. (G).
1990—Pub. L. 101–508, § 13101(a), amended section generally, substituting subsecs. (a) and (b) relating to enforcement of discretionary spending limits for former subsecs. (a) to (e) relating to reporting of excess deficits.
Subsec. (a)(6)(I). Pub. L. 101–508, § 13101(e)(2), redesignated subsec. (a)(6)(I) of this section as section 907(e) of this title.
1987—Pub. L. 100–119 amended section generally, substituting provisions consisting of subsecs. (a) to (e) relating to reports by Director of CBO to Director of OMB and to Congress and by Director of OMB to President and Congress for provisions consisting of subsecs. (a) to (g) relating to joint reports by Directors of CBO and OMB to Comptroller General and report by Comptroller General to President and Congress.
Subsec. (a)(6)(B). Pub. L. 100–203, § 8003(f), struck out “and” before “contract authority” and inserted provision whereby the authority to provide insurance through the Federal Housing Administration Fund be continued.
Pub. L. 115–334, title VIII, § 8704(a)(2),
Pub. L. 115–141, div. O, title I, § 102(b),
Amendment by Pub. L. 105–89 effective
Pub. L. 103–354, title I, § 119(d)(1),
Pub. L. 106–429, § 101(a) [title VII, § 701(c)],
Pub. L. 106–113, div. B, § 1000(a)(5) [title III, § 307],
Pub. L. 105–178, title VIII, § 8101(b),
Pub. L. 109–59, title VIII, § 8003,
Similar provisions for prior fiscal years were contained in the following prior act:
Pub. L. 105–178, title VIII, § 8103,
On
OMB shall calculate the reduction to direct spending by taking the total reduction for the defense function required for that year under paragraph (2) and subtracting the discretionary reduction calculated pursuant to subparagraph (A).
OMB shall calculate the reduction to direct spending programs by taking the total reduction for nondefense functions required for that year under paragraph (2) and subtracting the discretionary reduction calculated pursuant to subparagraph (A).
If the percentage reduction for the Medicare programs would exceed 2 percent for a fiscal year in the absence of paragraph (6), OMB shall increase the reduction for all other discretionary appropriations and direct spending under paragraph (4) by a uniform percentage to a level sufficient to achieve the reduction required by paragraph (4) in the non-defense function.
Any reductions imposed under this section shall be implemented in accordance with section 906(k) of this title.
On the dates specified in paragraph (2), OMB shall submit a report to Congress containing information about the calculations required under this section, the adjusted discretionary spending limits, a listing of the reductions required for each nonexempt direct spending account, and any other data and explanations that enhance public understanding of this title 1
Section 401(b)(3)(B)(i)(II) of the Budget Control Act of 2011, referred to in par. (1)(B), is section 401(b)(3)(B)(i)(II) of title IV of Pub. L. 112–25, which is set out in a note under section 900 of this title.
This title, referred to in par. (9), means title II (§ 200 et seq.) of Pub. L. 99–177,
The Bipartisan Budget Act of 2013, referred to in par. (10)(A), is div. A of Pub. L. 113–67,
The Bipartisan Budget Act of 2015, referred to in par. (11)(A), is Pub. L. 114–74,
The Bipartisan Budget Act of 2018, referred to in par. (12)(A), is Pub. L. 115–123,
The Bipartisan Budget Act of 2019, referred to in par. (13)(A), is Pub. L. 116–37,
A prior section 901a, Pub. L. 99–177, title II, § 251A, as added Pub. L. 103–322, title XXXI, § 310001(g)(1),
2025—Par. (6)(D)(i). Pub. L. 119–4, § 2211(1), substituted “10 months” for “8 months”.
Par. (6)(D)(ii). Pub. L. 119–4, § 2211(2), substituted “2 months” for “4 months”.
2024—Par. (6)(D)(i). Pub. L. 118–42, § 303(1), substituted “8 months” for “7 months”.
Par. (6)(D)(ii). Pub. L. 118–42, § 303(2), substituted “4 months” for “5 months”.
Par. (6)(E). Pub. L. 118–47 added subpar. (E).
2023—Par. (6)(D)(i). Pub. L. 118–31, § 1852(1), substituted “7 months” for “6 months”.
Par. (6)(D)(ii). Pub. L. 118–31, § 1852(2), substituted “last 5 months” for “second 6 months”.
2022—Par. (6)(B). Pub. L. 117–328, § 4163(1), in introductory provisions, substituted “On the date on which the President submits the budget under section 1105 of title 31” for “On the dates OMB issues its sequestration preview reports” and struck out “pursuant to section 904(c) of this title,” before “the President shall order a sequestration”.
Par. (6)(C). Pub. L. 117–328, § 4163(2), realigned margins.
Par. (6)(D). Pub. L. 117–328, § 4163(3), (4), added subpar. (D) and struck out former subpar. (D) which read as follows: “Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 906(d) of this title, the sequestration order of the President under such subparagraph for fiscal year 2030 shall be applied to such payments so that—
“(i) with respect to the first 6 months in which such order is effective for such fiscal year, the payment reduction shall be 2.25 percent; and
“(ii) with respect to the second 6 months in which such order is so effective for such fiscal year, the payment reduction shall be 3 percent.”
Par. (6)(E). Pub. L. 117–328, § 4163(3), struck out subpar. (E) which read as follows: “Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 906(d) of this title, the sequestration order of the President under such subparagraph for fiscal year 2031 shall be applied to such payments so that—
“(i) with respect to the first 6 months in which such order is effective for such fiscal year, the payment reduction shall be 4.0 percent; and
“(ii) with respect to the second 6 months in which such order is so effective for such fiscal year, the payment reduction shall be 0 percent.”
2021—Par. (6)(B). Pub. L. 117–58, § 90001(1), substituted “2031” for “2030” in introductory provisions.
Par. (6)(C). Pub. L. 117–71, § 2(b)(2), added subpar. (C). Former subpar. (C) redesignated (E).
Pub. L. 117–58, § 90001(2)(A), substituted “2031” for “2030” in introductory provisions.
Par. (6)(C)(i). Pub. L. 117–58, § 90001(2)(B), substituted “6” for “5 ½”, “4.0” for “2.0”, and “; and” for semicolon at end.
Pub. L. 117–7, § 1(b)(1), substituted “first 5 ½ months” for “first 6 months” and “2.0 percent” for “4.0 percent” and struck out “and” at end.
Par. (6)(C)(ii). Pub. L. 117–58, § 90001(2)(C), substituted “second 6 months” for “6-month period beginning on the day after the last day of the period described in clause (i)”, “0” for “4.0”, and a period for “; and” at end.
Pub. L. 117–7, § 1(b)(2), substituted “6-month period beginning on the day after the last day of the period described in clause (i)” for “second 6 months” and “4.0 percent; and” for “0.0 percent.”
Par. (6)(C)(iii). Pub. L. 117–58, § 90001(2)(D), struck out cl. (iii) which read as follows: “with respect to the remaining ½ month in which such order is so effective for such fiscal year, the payment reduction shall be 0.0 percent.”
Pub. L. 117–7, § 1(b)(3), added cl. (iii).
Par. (6)(D). Pub. L. 117–71, § 2(b)(2), added subpar. (D).
Par. (6)(E). Pub. L. 117–71, § 2(b)(1), redesignated subpar. (C) as (E).
2020—Par. (6)(B). Pub. L. 116–136, § 3709(b)(1), substituted “through 2030” for “through 2029” in introductory provisions.
Par. (6)(C). Pub. L. 116–136, § 3709(b)(2), substituted “fiscal year 2030” for “fiscal year 2029” in introductory provisions.
2019—Par. (5)(B). Pub. L. 116–37, § 101(d)(1), substituted “(12), and (13)” for “and (12)” in introductory provisions.
Par. (6)(B). Pub. L. 116–37, § 402(1), substituted “fiscal years 2022 through 2029” for “fiscal years 2022 through 2027” in introductory provisions.
Par. (6)(C). Pub. L. 116–37, § 402(2), substituted “fiscal year 2029” for “fiscal year 2027” in introductory provisions.
Par. (13). Pub. L. 116–37, § 101(d)(2), added par. (13).
2018—Par. (5)(B). Pub. L. 115–123, § 30101(b)(1), substituted “, (11), and (12)” for “and (11)” in introductory provisions.
Par. (6)(B). Pub. L. 115–123, § 30101(c)(1), substituted “for each of fiscal years 2022 through 2027” for “for fiscal year 2022, for fiscal year 2023, for fiscal year 2024, and for fiscal year 2025” in introductory provisions.
Par. (6)(C). Pub. L. 115–123, § 30101(c)(2), substituted “fiscal year 2027” for “fiscal year 2025” in introductory provisions.
Par. (12). Pub. L. 115–123, § 30101(b)(2), added par. (12).
2015—Par. (5)(B). Pub. L. 114–74, § 101(b)(1), substituted “paragraphs (10) and (11)” for “paragraph (10)”.
Par. (6)(B). Pub. L. 114–74, § 101(c)(1), in introductory provisions, substituted “for fiscal year 2024, and for fiscal year 2025” for “and for fiscal year 2024”.
Par. (6)(C), (D). Pub. L. 114–74, § 101(c)(2), (3), redesignated subpar. (D) as (C), substituted “fiscal year 2025” for “fiscal year 2024” in introductory provisions, and struck out former subpar. (C) which read as follows: “Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 906(d) of this title, the sequestration order of the President under such subparagraph for fiscal year 2023 shall be applied to such payments so that—
“(i) with respect to the first 6 months in which such order is effective for such fiscal year, the payment reduction shall be 2.90 percent; and
“(ii) with respect to the second 6 months in which such order is so effective for such fiscal year, the payment reduction shall be 1.11 percent.”
Par. (11). Pub. L. 114–74, § 101(b)(2), added par. (11).
2014—Par. (6)(B). Pub. L. 113–82 substituted “, for fiscal year 2023, and for fiscal year 2024” for “and for fiscal year 2023”.
Par. (6)(D). Pub. L. 113–93 added subpar. (D).
2013—Pub. L. 113–67, § 101(d)(2)(A), in introductory provisions substituted “Discretionary appropriations and direct spending accounts shall be reduced in accordance with this section as follows:” for “Unless a joint committee bill achieving an amount greater than $1,200,000,000,000 in deficit reduction as provided in section 401(b)(3)(B)(i)(II) of the Budget Control Act of 2011 is enacted by
Par. (1). Pub. L. 113–67, § 101(d)(2)(B), (C), redesignated par.(3) as (1) and struck out former par. (1) which defined “revised security category” as discretionary appropriations in budget function 050 and “revised nonsecurity category” as discretionary appropriations other than in budget function 050.
Par. (2). Pub. L. 113–67, § 101(d)(2)(B)–(D), redesignated par. (4) as (2), substituted “paragraph (1)” for “paragraph (3)”, and struck out former par. (2) which revised discretionary spending limits under section 901(c) of this title for fiscal years 2013 through 2021.
Par. (3). Pub. L. 113–67, § 101(d)(2)(C), (E), redesignated par. (5) as (3) and substituted “paragraph (2)” for “paragraph (4)” in two places. Former par. (3) redesignated (1).
Par. (3)(E). Pub. L. 112–240, § 901(a), added subpar. (E).
Par. (4). Pub. L. 113–67, § 101(d)(2)(C), (F), redesignated par. (6) as (4) and substituted “paragraph (2)” for “paragraph (4)” in two places. Former par. (4) redesignated (2).
Pub. L. 112–240, § 901(c)(1), substituted “
Par. (5). Pub. L. 113–67, § 101(d)(2)(C), (G), redesignated par. (7) as (5) and substituted “paragraph (3)” for “paragraph (5)” in two places and “paragraph (4)” for “paragraph (6)” in two places. Former par. (5) redesignated (3).
Par. (5)(B). Pub. L. 113–67, § 101(b)(2), substituted “Except as provided by paragraph (10), on” for “On” in introductory provisions.
Par. (6). Pub. L. 113–67, § 101(d)(2)(C), (H), redesignated par. (8) as (6) and, in subpar. (A), substituted “paragraph (2)” for “paragraph (4)” and “paragraphs (3) and (4)” for “paragraphs (5) and (6)”. Former par. (6) redesignated (4).
Pub. L. 113–67, § 101(c), designated existing provisions as subpar. (A) and added subpar. (B).
Par. (6)(C). Pub. L. 113–67, § 1205, added subpar. (C).
Par. (7). Pub. L. 113–67, § 101(d)(2)(C), (I), redesignated par. (9) as (7), substituted “paragraph (6)” for “paragraph (8)”, and substituted “paragraph (4)” for “paragraph (6)” in two places. Former par. (7) redesignated (5).
Par. (7)(A). Pub. L. 112–240, § 901(c)(2), substituted “
Par. (8). Pub. L. 113–67, § 101(d)(2)(C), redesignated par. (10) as (8). Former par. (8) redesignated (6).
Par. (9). Pub. L. 113–67, § 101(d)(2)(C), (J), redesignated par. (11) as (9) and substituted “paragraph (2)” for “paragraph (4)”. Former par. (9) redesignated (7).
Par. (10). Pub. L. 113–67, § 101(b)(1), added par. (10). Former par. (10) redesignated (8).
Par. (11). Pub. L. 113–67, § 101(d)(2)(C), redesignated par. (11) as (9).
Pub. L. 116–136, div. A, title III, § 3709(a),
[Pub. L. 117–71, § 2(a)(2),
[Pub. L. 117–7, § 1(a)(2),
[Pub. L. 116–260, div. N, title I, § 102(b),
Pub. L. 112–240, title IX, § 901(e), “ ‘(2) For fiscal year 2013— “ ‘(A) for the security category, $544,000,000,000 in budget authority; and “ ‘(B) for the nonsecurity category, $499,000,000,000 in budget authority;’.”
Order of President of the United States, dated
By the authority vested in me as President by the laws of the United States of America, and in accordance with section 251A of the Balanced Budget and Emergency Deficit Control Act (the “Act”), as amended, 2 U.S.C. 901a, I hereby order that, on
All sequestrations shall be made in strict accordance with the requirements of section 251A of the Act and the specifications of the Office of Management and Budget’s report of
Sequestration orders pursuant to this section for prior fiscal years were contained in the following:
2024—Order of President of the United States, dated
2023—Order of President of the United States, dated
2022—Order of President of the United States, dated
2021—Order of President of the United States, dated
2020—Order of President of the United States, dated
2019—Order of President of the United States, dated
2018—Order of President of the United States, dated
2017—Order of President of the United States, dated
2016—Order of President of the United States, dated
2015—Order of President of the United States, dated
2014—Order of President of the United States, dated
2013—Order of President of the United States, dated
The purpose of this section is to assure that any legislation enacted before
Not later than 15 calendar days after the date Congress adjourns to end a session and on the same day as a sequestration (if any) under section 901 or 903 of this title, there shall be a sequestration to offset the amount of any net deficit increase caused by all direct spending and receipts legislation enacted before
All reductions in automatic spending increases specified in section 906(a) 1
If additional reductions in direct spending accounts are required to be made, the maximum reductions permissible under sections 906(b) of this title (guaranteed and direct student loans) and 906(c) 1 of this title (foster care and adoption assistance) shall be made.
As soon as practicable after Congress completes action on any direct spending or receipts legislation, CBO shall provide an estimate to OMB of that legislation.
If during the preparation of the report under paragraph (2) OMB determines that there is a significant difference between the OMB and CBO estimates, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation, to the extent practicable, shall include written communication to such committees that affords such committees the opportunity to comment before the issuance of that report.
If a provision of direct spending or receipts legislation is enacted that the President designates as an emergency requirement and that the Congress so designates in statute, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be designated as an emergency requirement in the reports required under subsection (d). This subsection shall not apply to direct spending provisions to cover agricultural crop disaster assistance.
Section 906(a) of this title, referred to in subsec. (c)(1)(A), was repealed by Pub. L. 111–139, title I, § 10(a),
Section 906(c) of this title, referred to in subsec. (c)(1)(B), was repealed by Pub. L. 111–139, title I, § 10(c),
2013—Subsec. (b)(2)(B). Pub. L. 113–67, § 121(1), substituted “applicable to the budget year” for “applicable to budget year”.
Subsec. (c)(1)(C)(i). Pub. L. 113–67, § 121(2), substituted “subsection (b)” for “paragraph (1)”.
1997—Subsec. (a). Pub. L. 105–33, § 10205(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “The purpose of this section is to assure that any legislation (enacted after
Subsec. (b). Pub. L. 105–33, § 10205(1), added subsec. (b) and struck out heading and text of former subsec. (b) which required sequestrations at the end of a session of Congress to offset amount of any net deficit increase in that fiscal year and prior fiscal year caused by all direct spending and receipts legislation enacted after
Subsec. (c)(1)(B). Pub. L. 105–33, § 10205(2), inserted “and direct” after “guaranteed”.
Subsec. (d). Pub. L. 105–33, § 10205(3), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “As soon as practicable after Congress completes action on any direct spending or receipts legislation enacted after
Subsec. (e). Pub. L. 105–33, § 10205(4), struck out “, for any fiscal year from 1991 through 1998,” after “If” and “through 1995” after “receipts in all fiscal years”.
1994—Subsec. (e). Pub. L. 103–354 inserted at end “This subsection shall not apply to direct spending provisions to cover agricultural crop disaster assistance.”
1993—Subsec. (a). Pub. L. 103–66, § 14003(a)(1), which directed the substitution of “Fiscal year 1992–1998 enforcement” for “Fiscal year 1992–1995 enforcement” in heading, was executed by substituting “Fiscal years 1992–1998 enforcement” for “Fiscal years 1992–1995 enforcement”, to reflect the probable intent of Congress.
Subsec. (d). Pub. L. 103–66, § 14003(a)(2), substituted “through fiscal year 1998” for “through fiscal year 1995” in two places.
Subsec. (e). Pub. L. 103–66, § 14003(a)(3), substituted “for any fiscal year from 1991 through 1998” for “for fiscal year 1991, 1992, 1993, 1994, or 1995”.
1990—Pub. L. 101–508 amended section generally, substituting subsecs. (a) to (e) relating to enforcement of pay-as-you-go for former subsecs. (a) to (g) relating to Presidential order.
1987—Pub. L. 100–119 amended section generally to reflect substitution of Director of OMB for Comptroller General as official submitting reports under section 901 of this title and to revise provisions relating to content of Presidential orders issued in accordance with those reports.
Subsec. (c)(2)(F)(ii). Pub. L. 100–203, § 8003(e), substituted “proposed” for “made”.
Pub. L. 103–354, title I, § 119(d)(2),
Pub. L. 112–25, title I, § 104(b),
Pub. L. 107–312, § 1,
Pub. L. 107–117, div. C, § 102,
Pub. L. 105–178, title VIII, § 8102,
Pub. L. 105–33, title X, § 10213,
Pub. L. 103–66, title XIV, § 14003(c),
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.
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).
Each non-exempt defense account shall be reduced by a dollar amount calculated by multiplying the level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to carry out subsection (c), except that, if any military personnel are exempt, adjustments shall be made under the procedure set forth in section 901(a)(3) of this title.
All reductions in automatic spending increases under section 906(a) 1
If additional reductions in non-defense accounts are required to be made, the maximum reduction permissible under sections 906(b) of this title (guaranteed student loans) and 906(c) 1 of this title (foster care and adoption assistance) shall be made.
For purposes of subsections (b), (c), (d), and (e), accounts shall be assumed to be at the level in the baseline minus any reductions required to be made under sections 901 and 902 of this title.
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.
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).
Section 906(a) of this title, referred to in subsec. (e)(1), was repealed by Pub. L. 111–139, title I, § 10(a),
Section 906(c) of this title, referred to in subsec. (e)(2), was repealed by Pub. L. 111–139, title I, § 10(c),
Section 901(b) of this title, referred to in subsec. (g)(1)(B), was amended by Pub. L. 105–33, title X, § 10203(a)(4),
Section 665 of this title, referred to in subsec. (g)(1), (2)(A), (D), was repealed by Pub. L. 105–33, title X, § 10118(a),
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
The timetable with respect to this subchapter for any budget year is as follows:
Date: | Action to be completed: |
|---|---|
January 21 | Notification regarding optional adjustment of maximum deficit amount. |
5 days before the President’s budget submission | CBO sequestration preview report. |
The President’s budget submission | OMB sequestration preview report. |
August 10 | Notification regarding military personnel. |
August 15 | CBO sequestration update report. |
August 20 | OMB sequestration update report. |
10 days after end of session | CBO final sequestration report. |
15 days after end of session | OMB final sequestration report; Presidential order. |
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.
On the dates specified in subsection (a), OMB and CBO shall issue a preview report regarding discretionary, pay-as-you-go, and deficit sequestration based on laws enacted through those dates.
The preview reports shall set forth estimates for the current year and each subsequent year through 2025 of the applicable discretionary spending limits for each category and an explanation of any adjustments in such limits under section 901 of this title.
The OMB reports shall explain the differences between OMB and CBO estimates for each item set forth in this subsection.
On or before the date specified in subsection (a), the President shall notify the Congress of the manner in which he intends to exercise flexibility with respect to military personnel accounts under section 905(f) of this title.
On the dates specified in subsection (a), OMB and CBO shall issue a sequestration update report, reflecting laws enacted through those dates, containing all of the information required in the sequestration preview reports. This report shall also contain a preview estimate of the adjustment for disaster funding for the upcoming fiscal year.
On the dates specified in subsection (a), OMB and CBO shall issue a final sequestration report, updated to reflect laws enacted through those dates.
The final reports shall contain all the information required in the pay-as-you-go and deficit sequestration preview reports. In addition, these reports shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions. The reports shall also contain estimates of the effects on outlays of the sequestration in each outyear for direct spending programs.
The OMB report shall explain any differences between OMB and CBO estimates of the amount of any net deficit change calculated under section 902(b) of this title, any excess deficit, any breach, and any required sequestration percentage. The OMB report shall also explain differences in the amount of sequesterable 1
On the date specified in subsection (a), if in its final sequestration report OMB estimates that any sequestration is required, the President shall issue an order fully implementing without change all sequestrations required by the OMB calculations set forth in that report. This order shall be effective on issuance.
If an appropriation for a fiscal year in progress is enacted (after Congress adjourns to end the session for that budget year and before July 1 of that fiscal year) that causes a breach, 10 days later CBO shall issue a report containing the information required in paragraph (f)(2). Fifteen days after enactment, OMB shall issue a report containing the information required in paragraphs (f)(2) and (f)(4). On the same day as the OMB report, the President shall issue an order fully implementing without change all sequestrations required by the OMB calculations set forth in that report. This order shall be effective on issuance.
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.
2023—Subsec. (c)(2). Pub. L. 118–5, § 101(c)(1), substituted “2025” for “2021”.
Subsec. (f)(2)(A). Pub. L. 118–5, § 101(c)(2), substituted “2025” for “2021”.
2013—Subsec. (c)(3)(A). Pub. L. 113–67, § 121(3), substituted “section 902(b)” for “subsection 902(b)”.
Subsec. (f)(4). Pub. L. 113–67, § 121(4), substituted “section 902(b)” for “subsection 902(b)”.
2011—Subsec. (c)(2). Pub. L. 112–25, § 103(1), substituted “2021” for “2002”.
Subsec. (e). Pub. L. 112–25, § 103(2), added “This report shall also contain a preview estimate of the adjustment for disaster funding for the upcoming fiscal year.” at end.
Subsec. (f)(2)(A). Pub. L. 112–25, § 103(3), substituted “2021” for “2002” and inserted “, including a final estimate of the adjustment for disaster funding” before period at end.
1997—Subsec. (c). Pub. L. 105–33, § 10206(1), (2), redesignated subsec. (d) as (c), substituted “2002” for “1998” in par. (2), and struck out heading and text of former subsec. (c). Text read as follows: “With respect to budget year 1994 or 1995, on the date specified in subsection (a) of this section the President shall notify the House of Representatives and the Senate of his decision regarding the optional adjustment of the maximum deficit amount (as allowed under section 903(g)(1)(B) of this title).”
Subsec. (d). Pub. L. 105–33, § 10206(1), (3), redesignated subsec. (e) as (d) and substituted “section 905(f)” for “section 905(h)”. Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 105–33, § 10206(1), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 105–33, § 10206(1), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).
Subsec. (f)(2)(A). Pub. L. 105–33, § 10206(4)(A), substituted “2002” for “1998”.
Subsec. (f)(3). Pub. L. 105–33, § 10206(4)(B), struck out “through 1998” after “each outyear”.
Subsec. (f)(4) to (6). Pub. L. 105–33, § 10206(4)(C), redesignated pars. (5) and (6) as (4) and (5), respectively, and struck out heading and text of former par. (4). Text read as follows: “The final reports shall set forth for the budget year estimates for each of the following:
“(A) The amount of budget authority appropriated from the Violent Crime Reduction Trust Fund and outlays resulting from those appropriations.
“(B) The sequestration percentage and reductions, if any, required under section 901a of this title.”
Subsec. (g). Pub. L. 105–33, § 10206(1), (5), redesignated subsec. (h) as (g) and substituted “paragraph (f)(2)” for “paragraph (g)(2)” and “paragraphs (f)(2) and (f)(4)” for “paragraphs (g)(2) and (g)(4)”. Former subsec. (g) redesignated (f).
Subsecs. (h) to (k). Pub. L. 105–33, § 10206(1), redesignated subsecs. (i) to (k) as (h) to (j), respectively. Former subsec. (h) redesignated (g).
1996—Subsec. (a). Pub. L. 104–316, § 102(d)(1), struck out item at end of timetable relating to GAO compliance report.
Subsec. (i). Pub. L. 104–316, § 102(d)(2), in introductory provisions substituted “Upon request of the Committee on the Budget of the House of Representatives or the Senate” for “On the date specified in subsection (a) of this section”.
1994—Subsec. (g)(4) to (6). Pub. L. 103–322 added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.
1993—Subsecs. (d)(2), (g)(2)(A), (3). Pub. L. 103–66 substituted “1998” for “1995”.
1990—Pub. L. 101–508 amended section generally, substituting provisions setting out timetable and requisite content of reports and orders developed as part of sequestration process for former provisions relating to special Congressional procedures in the event of recession, Congressional responses to Presidential orders, and treatment of certain resolutions as reconciliation bills.
1987—Subsec. (b)(1)(A). Pub. L. 100–119, § 102(b)(1), substituted “the Director of OMB” for “the Comptroller General”.
Subsec. (b)(1)(E). Pub. L. 100–119, § 106(e)(2), inserted provisions relating to maximum deficit amount for fiscal year 1988 or 1989.
Subsections (c), (f)(3), and (i) of this section inapplicable to the Congressional Budget Office, see section 104(b) of Pub. L. 112–25, set out as a note under section 902 of this title.
1991—Pub. L. 102–27, title IV, § 401(b),
Pub. L. 101–508, title XIII, § 13401,
Pub. L. 101–467, § 105,
Pub. L. 101–461, § 113,
Pub. L. 101–444, § 113,
Pub. L. 101–412, § 113,
Pub. L. 101–403, title I, § 113,
Final Order of the President of the United States,
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
(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
(2) Pursuant to sections 250(c)(6) and 251 [former 2 U.S.C. 900(c)(6), 2 U.S.C. 901], budgetary resources subject to sequestration shall be new budget authority; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; and obligation limitations.
(3) For accounts making commitments for guaranteed loans as authorized by substantive law, the head of each Department or agency is directed to reduce the level of such commitments or obligations to the extent necessary to conform to the limitations established by the Act [Pub. L. 99–177, title II, see Short Title note set out under 2 U.S.C. 900] and specified by the Director of the Office of Management and Budget in his report of
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.
Final Order of the President of the United States,
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
(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
(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
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
This order shall be published in the Federal Register.
Initial Order of the President of the United States,
1990—Pub. L. 101–239, title VI, § 6001,
Pub. L. 101–239, title VI, § 6101,
Pub. L. 101–239, title VI, § 6201,
Pub. L. 101–239, title XI, § 11002,
New Final Order of the President of the United States,
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
(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
(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
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
This order shall be published [in the] Federal Register.
Final Order of the President of the United States,
Initial Order of the President of the United States,
1989—Final Order of the President of the United States,
Initial Order of the President of the United States,
1988—Pub. L. 100–203, title IV, §§ 4001, 4041(b), 4061, title VIII, § 8002,
Pub. L. 100–202, § 1,
Order of the President of the United States,
Order of the President of the United States,
1986—Pub. L. 99–366,
Pub. L. 99–349, title II, § 202,
Pub. L. 99–255,
Order of the President of the United States,
Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act (42 U.S.C. 401 et seq.), and benefits payable under sections 231b and 231c 1
The following programs shall be exempt from reduction under any order issued under this subchapter:
All programs administered by the Department of Veterans Affairs.
Special benefits for certain World War II veterans (28–0401–0–1–701).
No reduction of payments for net interest (all of major functional category 900) shall be made under any order issued under this subchapter.
Payments to individuals made pursuant to provisions of title 26 establishing refundable tax credits shall be exempt from reduction under any order issued under this subchapter.
Payments made to taxpayers pursuant to elections under subsection (d) of section 48D of title 26, or amounts treated as payments which are made by taxpayers under paragraph (1) of such subsection, shall be exempt from reduction under any order issued under this subchapter.
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.
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.
The President may not use the authority provided by paragraph (1) unless the President notifies the Congress of the manner in which such authority will be exercised on or before the date specified in section 904(a) of this title for the budget year.
Activities resulting from private donations, bequests, or voluntary contributions to the Government.
Activities financed by voluntary payments to the Government for goods or services to be provided for such payments.
Administration of Territories, Northern Mariana Islands Covenant grants (14–0412–0–1–808).
Advances to the Unemployment Trust Fund and Other Funds (16–0327–0–1–600).
Black Lung Disability Trust Fund Refinancing (16–0329–0–1–601).
Bonneville Power Administration Fund and borrowing authority established pursuant to section 13 of Public Law 93–454 (1974), as amended [16 U.S.C. 838k] (89–4045–0–3–271).
Claims, Judgments, and Relief Acts (20–1895–0–1–808).
Compact of Free Association (14–0415–0–1–808).
Compensation of the President (11–0209–01–1–802).
Comptroller of the Currency, Assessment Funds (20–8413–0–8–373).
Continuing Fund, Southeastern Power Administration (89–5653–0–2–271).
Continuing Fund, Southwestern Power Administration (89–5649–0–2–271).
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund.
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund.
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund.
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund 2
Dual Benefits Payments Account (60–0111–0–1–601).
Emergency Fund, Western Area Power Administration (89–5069–0–2–271).
Exchange Stabilization Fund (20–4444–0–3–155).
Farm Credit Administration Operating Expenses Fund (78–4131–0–3–351).
Farm Credit System Insurance Corporation, Farm Credit Insurance Fund (78–4171–0–3–351).
Federal Deposit Insurance Corporation, Deposit Insurance Fund (51–4596–0–4–373).
Federal Deposit Insurance Corporation, FSLIC Resolution Fund (51–4065–0–3–373).
Federal Deposit Insurance Corporation, Noninterest Bearing Transaction Account Guarantee (51–4458–0–3–373).
Federal Deposit Insurance Corporation, Senior Unsecured Debt Guarantee (51–4457–0–3–373).
Federal Home Loan Mortgage Corporation (Freddie Mac).
Federal Housing Finance Agency, Administrative Expenses (95–5532–0–2–371).
Federal National Mortgage Corporation (Fannie Mae).
Federal Payment to the District of Columbia Judicial Retirement and Survivors Annuity Fund (20–1713–0–1–752).
Federal Payment to the District of Columbia Pension Fund (20–1714–0–1–601).
Federal Payments to the Railroad Retirement Accounts (60–0113–0–1–601).
Federal Reserve Bank Reimbursement Fund (20–1884–0–1–803).
Financial Agent Services (20–1802–0–1–803).
Foreign Military Sales Trust Fund (11–8242–0–7–155).
Hazardous Waste Management, Conservation Reserve Program (12–4336–0–3–999).
Host Nation Support Fund for Relocation (97–8337–0–7–051).
Internal Revenue Collections for Puerto Rico (20–5737–0–2–806).
Intragovernmental funds, including those from which the outlays are derived primarily from resources paid in from other government accounts, except to the extent such funds are augmented by direct appropriations for the fiscal year during which an order is in effect.
Medical Facilities Guarantee and Loan Fund (75–9931–0–3–551).
National Credit Union Administration, Central Liquidity Facility (25–4470–0–3–373).
National Credit Union Administration, Corporate Credit Union Share Guarantee Program (25–4476–0–3–376).
National Credit Union Administration, Credit Union Homeowners Affordability Relief Program (25–4473–0–3–371).
National Credit Union Administration, Credit Union Share Insurance Fund (25–4468–0–3–373).
National Credit Union Administration, Credit Union System Investment Program (25–4474–0–3–376).
National Credit Union Administration, Operating fund (25–4056–0–3–373).
National Credit Union Administration, Share Insurance Fund Corporate Debt Guarantee Program (25–4469–0–3–376).
National Credit Union Administration, U.S. Central Federal Credit Union Capital Program (25–4475–0–3–376).
Office of Thrift Supervision (20–4108–0–3–373).
Panama Canal Commission Compensation Fund (16–5155–0–2–602).
Payment of Vietnam and USS Pueblo prisoner-of-war claims within the Salaries and Expenses, Foreign Claims Settlement account (15–0100–0–1–153).
Payment to Civil Service Retirement and Disability Fund (24–0200–0–1–805).
Payment to Department of Defense Medicare-Eligible Retiree Health Care Fund (97–0850–0–1–054).
Payment to Judiciary Trust Funds (10–0941–0–1–752).
Payment to Military Retirement Fund (97–0040–0–1–054).
Payment to the Foreign Service Retirement and Disability Fund (19–0540–0–1–153).
Payments to Copyright Owners (03–5175–0–2–376).
Payments to Health Care Trust Funds (75–0580–0–1–571).
Payment to Radiation Exposure Compensation Trust Fund (15–0333–0–1–054).
Payments to Social Security Trust Funds (28–0404–0–1–651).
Payments to the United States Territories, Fiscal Assistance (14–0418–0–1–806).
Payments to trust funds from excise taxes or other receipts properly creditable to such trust funds.
Payments to widows and heirs of deceased Members of Congress (00–0215–0–1–801).
Postal Service Fund (18–4020–0–3–372).
Public Wireless Supply Chain Innovation Fund.
Radiation Exposure Compensation Trust Fund (15–8116–0–1–054).
Reimbursement to Federal Reserve Banks (20–0562–0–1–803).
Salaries of Article III judges.
Soldiers and Airmen’s Home, payment of claims (84–8930–0–7–705).
Tennessee Valley Authority Fund, except nonpower programs and activities (64–4110–0–3–999).
Tribal and Indian trust accounts within the Department of the Interior which fund prior legal obligations of the Government or which are established pursuant to Acts of Congress regarding Federal management of tribal real property or other fiduciary responsibilities, including but not limited to Tribal Special Fund (14–5265–0–2–452), Tribal Trust Fund (14–8030–0–7–452), White Earth Settlement (14–2204–0–1–452), and Indian Water Rights and Habitat Acquisition (14–5505–0–2–303).
United Mine Workers of America 1992 Benefit Plan (95–8260–0–7–551).
United Mine Workers of America 1993 Benefit Plan (95–8535–0–7–551).
United Mine Workers of America Combined Benefit Fund (95–8295–0–7–551).
United States Enrichment Corporation Fund (95–4054–0–3–271).
Universal Service Fund (27–5183–0–2–376).
Vaccine Injury Compensation (75–0320–0–1–551).
Vaccine Injury Compensation Program Trust Fund (20–8175–0–7–551).
Black Lung Disability Trust Fund (20–8144–0–7–601).
Central Intelligence Agency Retirement and Disability System Fund (56–3400–0–1–054).
Civil Service Retirement and Disability Fund (24–8135–0–7–602).
Comptrollers general retirement system (05–0107–0–1–801).
Contributions to U.S. Park Police annuity benefits, Other Permanent Appropriations (14–9924–0–2–303).
Court of Appeals for Veterans Claims Retirement Fund (95–8290–0–7–705).
Department of Defense Medicare-Eligible Retiree Health Care Fund (97–5472–0–2–551).
District of Columbia Federal Pension Fund (20–5511–0–2–601).
District of Columbia Judicial Retirement and Survivors Annuity Fund (20–8212–0–7–602).
Energy Employees Occupational Illness Compensation Fund (16–1523–0–1–053).
Foreign National Employees Separation Pay (97–8165–0–7–051).
Foreign Service National Defined Contributions Retirement Fund (19–5497–0–2–602).
Foreign Service National Separation Liability Trust Fund (19–8340–0–7–602).
Foreign Service Retirement and Disability Fund (19–8186–0–7–602).
Government Payment for Annuitants, Employees Health Benefits (24–0206–0–1–551).
Government Payment for Annuitants, Employee Life Insurance (24–0500–0–1–602).
Judicial Officers’ Retirement Fund (10–8122–0–7–602).
Judicial Survivors’ Annuities Fund (10–8110–0–7–602).
Military Retirement Fund (97–8097–0–7–602).
National Railroad Retirement Investment Trust (60–8118–0–7–601).
National Oceanic and Atmospheric Administration retirement (13–1450–0–1–306).
Pensions for former Presidents (47–0105–0–1–802).
Postal Service Retiree Health Benefits Fund (24–5391–0–2–551).
Public Safety Officer Benefits (15–0403–0–1–754).
Rail Industry Pension Fund (60–8011–0–7–601).
Retired Pay, Coast Guard (70–0602–0–1–403).
Retirement Pay and Medical Benefits for Commissioned Officers, Public Health Service (75–0379–0–1–551).
September 11th Victim Compensation Fund (15–0340–0–1–754).
Special Benefits for Disabled Coal Miners (16–0169–0–1–601).
Special Benefits, Federal Employees’ Compensation Act (16–1521–0–1–600).
Special Workers Compensation Expenses (16–9971–0–7–601).
Tax Court Judges Survivors Annuity Fund (23–8115–0–7–602).
United States Court of Federal Claims Judges’ Retirement Fund (10–8124–0–7–602).
United States Secret Service, DC Annuity (70–0400–0–1–751).
Victims Compensation Fund established under section 410 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note).
United States Victims of State Sponsored Terrorism Fund.
Voluntary Separation Incentive Fund (97–8335–0–7–051).
World Trade Center Health Program Fund (75–0946–0–1–551).
Biomass Energy Development (20–0114–0–1–271).
Check Forgery Insurance Fund (20–4109–0–3–803).
Credit liquidating accounts.
Credit reestimates.
Employees Life Insurance Fund (24–8424–0–8–602).
Federal Aviation Insurance Revolving Fund (69–4120–0–3–402).
Federal Crop Insurance Corporation Fund (12–4085–0–3–351).
Federal Emergency Management Agency, National Flood Insurance Fund (58–4236–0–3–453).
Geothermal resources development fund (89–0206–0–1–271).
Low-Rent Public Housing—Loans and Other Expenses (86–4098–0–3–604).
Maritime Administration, War Risk Insurance Revolving Fund (69–4302–0–3–403).
Natural Resource Damage Assessment Fund (14–1618–0–1–302).
United States International Development Finance Corporation.
Pension Benefit Guaranty Corporation Fund (16–4204–0–3–601).
San Joaquin Restoration Fund (14–5537–0–2–301).
Servicemembers’ Group Life Insurance Fund (36–4009–0–3–701).
Terrorism Insurance Program (20–0123–0–1–376).
The following programs shall be exempt from reduction under any order issued under this subchapter:
Academic Competitiveness/Smart Grant Program (91–0205–0–1–502).
Child Care Entitlement to States (75–1550–0–1–609).
Child Enrollment Contingency Fund (75–5551–0–2–551).
Child Nutrition Programs (with the exception of special milk programs) (12–3539–0–1–605).
Children’s Health Insurance Fund (75–0515–0–1–551).
Commodity Supplemental Food Program (12–3507–0–1–605).
Contingency Fund (75–1522–0–1–609).
Family Support Programs (75–1501–0–1–609).
Federal Pell Grants under section 1070a of title 20.
Grants to States for Medicaid (75–0512–0–1–551).
Payments for Foster Care and Permanency (75–1545–0–1–609).
Supplemental Nutrition Assistance Program (12–3505–0–1–605).
Supplemental Security Income Program (28–0406–0–1–609).
Temporary Assistance for Needy Families (75–1552–0–1–609).
The following programs shall be exempt from reduction under any order issued under this subchapter:
GSE Preferred Stock Purchase Agreements (20–0125–0–1–371).
Office of Financial Stability (20–0128–0–1–376).
Special Inspector General for the Troubled Asset Relief Program (20–0133–0–1–376).
Each of the following programs shall be exempt from any order under this subchapter to the extent that the budgetary resources of such programs are subject to obligation limitations in appropriations bills:
Federal-Aid Highways (69–8083–0–7–401).
Highway Traffic Safety Grants (69–8020–0–7–401).
Operations and Research NHTSA and National Driver Register (69–8016–0–7–401).
Motor Carrier Safety Operations and Programs (69–8159–0–7–401).
Motor Carrier Safety Grants (69–8158–0–7–401).
Formula and Bus Grants (69–8350–0–7–401).
Grants-In-Aid for Airports (69–8106–0–7–402).
For purposes of subsections (b), (g), and (h), each account is identified by the designated budget account identification code number set forth in the Budget of the United States Government 2010–Appendix, and an activity within an account is designated by the name of the activity and the identification code number of the account.
The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Sections 231b and 231c of title 45, referred to in subsec. (a), were in the original references to sections 3 and 4 of the Railroad Retirement Act of 1937 (45 U.S.C. 231 et seq.), and were translated as meaning sections 3 and 4 of the Railroad Retirement Act of 1974, to reflect the probable intent of Congress. The Railroad Retirement Act of 1937, act Aug. 29, 1935, ch. 812, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, was amended in its entirety and completely revised by Pub. L. 93–445, title I,
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,
Section 410 of the Air Transportation Safety and System Stabilization Act, referred to in subsec. (g)(1)(B), is section 410 of Pub. L. 107–42, which is set out in a note under section 40101 of Title 49, Transportation.
2022—Subsec. (d). Pub. L. 117–167, § 107(c), amended subsec. (d) generally. Prior to amendment, text read as follows: “Payments to individuals made pursuant to provisions of title 26 establishing refundable tax credits shall be exempt from reduction under any order issued under this subchapter.”
Subsec. (g)(1)(A). Pub. L. 117–167, § 106(d), inserted item relating to Public Wireless Supply Chain Innovation Fund.
Pub. L. 117–167, § 102(e), inserted items relating to Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund, Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund, Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund, and Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund.
2018—Subsec. (g)(2). Pub. L. 115–254 substituted “United States International Development Finance Corporation.” for “Overseas Private Investment Corporation, Noncredit Account (71–4184–0–3–151).”
2015—Subsec. (g)(1)(B). Pub. L. 114–113 inserted items relating to the September 11th Victim Compensation Fund (15–0340–0–1–754), Victims Compensation Fund established under section 410 of the Air Transportation Safety and System Stabilization Act, United States Victims of State Sponsored Terrorism Fund, and the World Trade Center Health Program Fund (75–0946–0–1–551).
2013—Subsec. (a). Pub. L. 113–67, § 121(5), substituted “sections 231b and 231c of title 45” for “section 231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45”.
Subsec. (h). Pub. L. 113–67, § 121(6), in item relating to Federal Pell Grants, made technical amendment to reference in original act which appears in text as reference to section 1070a of title 20.
Subsec. (j). Pub. L. 113–67, § 121(8), redesignated subsec. (j) relating to identification of programs as (k).
Pub. L. 113–67, § 121(7), realigned margins of list items.
Subsec. (k). Pub. L. 113–67, § 121(8), redesignated subsec. (j) relating to identification of programs as (k).
2010—Subsecs. (a) to (d). Pub. L. 111–139, § 11(b), amended subsecs. (a) to (d) generally. Prior to amendment, subsecs. (a) to (d) related to exemptions for social security benefits and tier I railroad retirement benefits, veterans programs, net interest, and earned income tax credit, respectively.
Subsecs. (g), (h). Pub. L. 111–139, § 11(c), amended subsecs. (g) and (h) generally. Prior to amendment, subsecs. (g) and (h) related to exemptions for other programs and activities and low-income programs, respectively.
Subsec. (i). Pub. L. 111–139, § 11(d), added subsec. (i). Former subsec. (i) redesignated (j) relating to identification of programs.
Subsec. (j). Pub. L. 111–139, § 11(d), added subsec. (j) relating to split treatment programs.
Pub. L. 111–139, § 11(a), redesignated subsec. (i) as (j) relating to identification of programs and substituted “2010” for “1998”.
2006—Subsec. (g)(1)(A). Pub. L. 109–171 repealed Pub. L. 104–208, § 2704(d)(10). See 1996 Amendment note below.
1997—Subsec. (b). Pub. L. 105–33, § 10207(a), substituted “Veterans Insurance and Indemnities” for “Veterans Insurance and Indemnity”, “Canteen Service Revolving Fund” for “Veterans’ Canteen Service Revolving Fund”, “(36–0120–0–1–701)” for “(36–0137–0–1–702)” in item relating to benefits under chapter 21 of title 38, “Compensation” for “Veterans’ compensation”, and “Pensions” for “Veterans’ pensions” and inserted at end items relating to benefits under chapter 35 of title 38, assistance and services under chapter 31 of title 38, benefits under subchapters I, II, and III of chapter 37 of title 38, Loan Guaranty Program Account, and Direct Loan Program Account.
Subsec. (f). Pub. L. 105–33, § 10207(b), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “Outlays for programs specified in paragraph (1) of section 907 of this title shall be subject to reduction only in accordance with the procedures established in section 901(a)(3)(C) and 906(b) of this title.”
Subsec. (g)(1)(A). Pub. L. 105–33, § 10207(c)(1)(KK), inserted items relating to Thrift Savings Fund, United States Enrichment Corporation (95–4054–0–3–271), Vaccine Injury Compensation, and Vaccine Injury Compensation Program Trust Fund.
Pub. L. 105–33, § 10207(c)(1)(JJ), inserted “Revolving Fund (22–4055–0–3–373)” before semicolon in item relating to the Resolution Trust Corporation.
Pub. L. 105–33, § 10207(c)(1)(II), struck out “Resolution Funding Corporation;” after item relating to postal service fund.
Pub. L. 105–33, § 10207(c)(1)(HH), substituted “806” for “852” in item relating to payments to the United States territories.
Pub. L. 105–33, § 10207(c)(1)(GG), struck out “Payments to state and local government fiscal assistance trust fund (20–2111–0–1–851);” after item relating to payments to social security trust funds.
Pub. L. 105–33, § 10207(c)(1)(FF), substituted “651” for “571” in item relating to payments to social security trust funds.
Pub. L. 105–33, § 10207(c)(1)(EE), struck out “Compact of Free Association, economic assistance pursuant to Public Law 99–658 (14–0415–0–1–806);” after item relating to payments to military retirement fund.
Pub. L. 105–33, § 10207(c)(1)(DD), substituted “571” for “572” in item relating to payments to health care trust funds.
Pub. L. 105–33, § 10207(c)(1)(CC), inserted item relating to Office of Thrift Supervision.
Pub. L. 105–33, § 10207(c)(1)(BB), substituted “Credit union share” for “credit union share” and inserted before semicolon “(25–4468–0–3–373)” in third item relating to National Credit Union Administration.
Pub. L. 105–33, § 10207(c)(1)(AA), substituted “Central” for “central” and inserted before semicolon “(25–4470–0–3–373)” in second item relating to National Credit Union Administration.
Pub. L. 105–33, § 10207(c)(1)(Z), inserted “operating fund (25–4056–0–3–373)” before semicolon in first item relating to National Credit Union Administration.
Pub. L. 105–33, § 10207(c)(1)(Y), substituted “(75–9931–0–3–550)” for “(75–4430–0–3–551)” in item relating to medical facilities guarantee and loan fund.
Pub. L. 105–33, § 10207(c)(1)(X), substituted “Panama Canal Commission, Panama Canal Revolving Fund (95–4061–0–3–403);” for “Panama Canal Commission, operating expenses (95–5190–0–2–403), and Panama Canal Commission, capital outlay (95–5190–0–2–403);”.
Pub. L. 105–33, § 10207(c)(1)(W), substituted “806” for “852” in item relating to internal revenue collections for Puerto Rico.
Pub. L. 105–33, § 10207(c)(1)(V), struck out “and insurance” after “Higher education facilities loans”.
Pub. L. 105–33, § 10207(c)(1)(U), inserted “program account” after “fund” and substituted “(75–0340–0–1–552)” for “(Health Education Assistance Loan Program) (75–4305–0–3–553)” in item relating to health professions graduate student loan insurance fund.
Pub. L. 105–33, § 10207(c)(1)(T), substituted “accounts” for “account” after “Federal payment to the railroad retirement”.
Pub. L. 105–33, § 10207(c)(1)(S), inserted “(95–4039–0–3–371)” before semicolon in item relating to Federal Housing Finance Board.
Pub. L. 105–33, § 10207(c)(1)(R), inserted “(51–4066–0–3–373)” before semicolon in third item relating to Federal Deposit Insurance Corporation.
Pub. L. 105–33, § 10207(c)(1)(Q), inserted “(51–4065–0–3–373)” before semicolon in second item relating to Federal Deposit Insurance Corporation.
Pub. L. 105–33, § 10207(c)(1)(P), inserted “(51–4064–0–3–373)” before semicolon in first item relating to Federal Deposit Insurance Corporation.
Pub. L. 105–33, § 10207(c)(1)(O), struck out “Federal Deposit Insurance Corporation;” after item relating to Farm Credit System Financial Assistance Corporation, interest payments (20–1850–0–1–351).
Pub. L. 105–33, § 10207(c)(1)(N), inserted items relating to Farm Credit Administration and Farm Credit System Financial Assistance Corporation, interest payment (20–1850–0–1–908).
Pub. L. 105–33, § 10207(c)(1)(M), struck out “Eastern Indian land claims settlement fund (14–2202–0–1–806);” after item relating to dual benefits payments account.
Pub. L. 105–33, § 10207(c)(1)(L), struck out “Director of the Office of Thrift Supervision;” after item relating to Comptroller of the Currency.
Pub. L. 105–33, § 10207(c)(1)(K), inserted “, Assessment funds (20–8413–0–8–373)” before semicolon in item relating to the Comptroller of the Currency.
Pub. L. 105–33, § 10207(c)(1)(J), substituted “806” for “852” in item relating to the Customs Service.
Pub. L. 105–33, § 10207(c)(1)(I), inserted item relating to Conservation Reserve Program.
Pub. L. 105–33, § 10207(c)(1)(H), inserted item relating to Compact of Free Association.
Pub. L. 105–33, § 10207(c)(1)(G), struck out “Coinage profit fund (20–5811–0–2–803);” after item relating to claims, judgments, and relief acts.
Pub. L. 105–33, § 10207(c)(1)(F), substituted “808” for “806” in item relating to claims, judgments, and relief acts.
Pub. L. 105–33, § 10207(c)(1)(E), struck out “Claims, defense (97–0102–0–1–051);” after second item relating to Bureau of Indian Affairs.
Pub. L. 105–33, § 10207(c)(1)(D), substituted “Miscellaneous trust funds” for “miscellaneous trust funds, tribal trust funds” in second item relating to Bureau of Indian Affairs.
Pub. L. 105–33, § 10207(c)(1)(C), inserted “Indian land and water claims settlements and” after comma in first item relating to Bureau of Indian Affairs.
Pub. L. 105–33, § 10207(c)(1)(B), struck out “Thrift Savings Fund (26–8141–0–7–602);” after item relating to administration of Territories, Northern Mariana Islands Covenant grants.
Pub. L. 105–33, § 10207(c)(1)(A), inserted item relating to activities financed by voluntary payments to Government.
Subsec. (g)(1)(B). Pub. L. 105–33, § 10207(c)(2)(E), substituted “Railroad Industry Pension Fund” for “Railroad retirement tier II”.
Pub. L. 105–33, § 10207(c)(2)(D), inserted “Special workers compensation expenses,” before “Longshoremen’s and harborworkers’ compensation benefits”.
Pub. L. 105–33, § 10207(c)(2)(C), substituted “Claims Judges’ Retirement Fund” for “Court of Federal Claims Judges’ Retirement Fund”.
Pub. L. 105–33, § 10207(c)(2)(B), substituted “Black Lung Disability Trust Fund” for “Black lung benefits”.
Pub. L. 105–33, § 10207(c)(2)(A), substituted “The following Federal retirement and disability accounts” for “The following budget accounts” in introductory provisions.
Subsec. (g)(2). Pub. L. 105–33, § 10207(c)(3)(E), struck out items “Credit union share insurance fund (25–4468–0–3–371);” and “Economic development revolving fund (13–4406–0–3–452);” after item relating to credit liquidating accounts, item “Export-Import Bank of the United States, Limitation of program activity (83–4027–0–3–155);” after item relating to energy security reserve (Synthetic Fuels Corporation), item “Federal Deposit Insurance Corporation (51–8419–0–8–371);” after item relating to Federal Crop Insurance Corporation fund, items “Federal Housing Administration fund (86–4070–0–3–371);”, “Federal ship financing fund (69–4301–0–3–403);”, and “Federal ship financing fund, fishing vessels (13–4417–0–3–376);” after item relating to Federal Emergency Management Agency National insurance development fund, items “Government National Mortgage Association, Guarantees of mortgage-backed securities (86–4238–0–3–371);” and “Health education loans (75–4307–0–3–553);” after item relating to geothermal resources development fund, item “Indian loan guarantee and insurance fund (14–4410–0–3–452);” after item relating to homeowners assistance fund, defense, and items “Railroad rehabilitation and improvement financing fund (69–4411–0–3–401);”, “Rural development insurance fund (12–4155–0–3–452);”, “Rural electric and telephone revolving fund (12–4230–8–3–271);”, “Rural housing insurance fund (12–4141–0–3–371);”, “Small Business Administration, Business loan and investment fund (73–4154–0–3–376);”, “Small Business Administration, Lease guarantees revolving fund (73–4157–0–3–376);”, “Small Business Administration, Pollution control equipment contract guarantee revolving fund (73–4147–0–3–376);”, “Small Business Administration, Surety bond guarantees revolving fund (73–4156–0–3–376);”, and “Department of Veterans Affairs, Loan guaranty revolving fund (36–4025–0–3–704);” after item relating to rail service assistance.
Pub. L. 105–33, § 10207(c)(3)(D), inserted item relating to credit liquidating accounts.
Pub. L. 105–33, § 10207(c)(3)(C), struck out “Community development grant loan guarantees (86–0162–0–1–451);” after item relating to United States Treasury check forgery insurance fund.
Pub. L. 105–33, § 10207(c)(3)(B), substituted “United States Treasury check forgery insurance fund” for “Check forgery insurance fund”.
Pub. L. 105–33, § 10207(c)(3)(A), struck out items “Agency for International Development, Housing, and other credit guarantee programs (72–4340–0–3–151);” and “Agricultural credit insurance fund (12–4140–0–3–351);” after “order issued under this subchapter:”.
Subsec. (h). Pub. L. 105–33, § 10207(f), struck out heading and text of subsec. (h) relating to optional exemption of military personnel. Text read as follows:
“(1) The President may, with respect to any military personnel account, exempt that account from sequestration or provide for a lower uniform percentage reduction than would otherwise apply.
“(2) The President may not use the authority provided by paragraph (1) unless he notifies the Congress of the manner in which such authority will be exercised on or before the initial snapshot date for the budget year.”
Pub. L. 105–33, § 10207(d)(4), inserted item relating to family support payments to States.
Pub. L. 105–33, § 10207(d)(3), substituted item relating to special supplemental nutrition program for women, infants, and children (WIC) for “Women, infants, and children program (12–3510–0–1–605).”.
Pub. L. 105–33, § 10207(d)(2), inserted items relating to temporary assistance for needy families, contingency fund, and child care entitlement to States.
Pub. L. 105–33, § 10207(d)(1), substituted item relating to child nutrition programs for “Child nutrition (12–3539–0–1–605);”.
Subsec. (i). Pub. L. 105–33, § 10207(e), amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: “For purposes of subsections (g) and (h) of this section, programs are identified by the designated budget account identification code numbers set forth in the Budget of the United States Government, 1986—Appendix.”
1996—Subsec. (g)(1)(A). Pub. L. 104–208, § 2704(d)(10), which directed the amendment of subpar. (A) by substituting “Deposit Insurance Fund” for “Bank Insurance Fund” and by striking “Federal Deposit Insurance Corporation, Savings Association Insurance fund;”, was not executed and was repealed by Pub. L. 109–171. See Effective Date of 1996 Amendments note below.
Subsec. (h). Pub. L. 104–193 substituted “Block grants to States for temporary assistance for needy families;” for “Aid to families with dependent children (75–0412–0–1–609);”.
1992—Subsec. (g)(1)(A). Pub. L. 102–572, § 601(b), inserted item relating to payment to Judiciary Trust Funds.
Pub. L. 102–486 inserted item relating to United States Enrichment Corporation.
Subsec. (g)(1)(B). Pub. L. 102–572, § 601(a), inserted items relating to Judicial Officers’ Retirement Fund and Court of Federal Claims Judges’ Retirement Fund.
1991—Subsec. (b). Pub. L. 102–83 substituted “section 2307 of title 38” for “section 907 of title 38” in item relating to burial benefits for veterans.
Subsec. (g)(2). Pub. L. 102–54 substituted last two items relating to Department of Veterans Affairs for items relating to Veterans Administration, Loan guaranty revolving fund, and Veterans Administration, Servicemen’s group life insurance fund.
1990—Subsec. (a). Pub. L. 101–508, § 13101(c)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Increases in benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act, or in benefits payable under section 231b(a), 231b(f)(3), 231c(a), or 231c(f) of title 45, shall not be considered ‘automatic spending increases’ for purposes of this title; and no reduction in any such increase or in any of the benefits involved shall be made under any order issued under this subchapter.”
Subsec. (e). Pub. L. 101–508, § 13101(c)(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Offsetting receipts and collections shall not be reduced under any order issued under this subchapter.”
Subsec. (g)(1)(B). Pub. L. 101–508, § 13101(c)(3), inserted item relating to railroad supplemental annuity pension fund.
Subsec. (h). Pub. L. 101–508, § 13101(c)(4), added subsec. (h) relating to optional exemption of military personnel.
1989—Subsec. (g)(1)(A). Pub. L. 101–220 inserted item relating to Farm Credit System Financial Assistance Corporation, interest payments, after item relating to Exchange stabilization fund.
Pub. L. 101–73, § 743(a)(1), inserted item relating to Director of the Office of Thrift Supervision after item relating to Comptroller of the Currency.
Pub. L. 101–73, § 743(a)(2), substituted items relating to Federal Deposit Insurance Corporation, Bank Insurance Fund; Federal Deposit Insurance Corporation, FSLIC Resolution Fund; and Federal Deposit Insurance Corporation, Savings Association Insurance Fund; for item relating to Federal Home Loan Bank Board.
Pub. L. 101–73, § 743(a)(3), substituted item relating to Federal Housing Finance Board for item relating to Federal Home Loan Bank Board, Federal Savings and Loan Insurance Corporation.
Pub. L. 101–73, § 743(a)(4), inserted items relating to Resolution Funding Corporation and Resolution Trust Corporation after item relating to Postal service fund.
Subsec. (g)(2). Pub. L. 101–73, § 743(c), struck out item relating to Federal Savings and Loan Insurance Corporation fund (82–4037–0–3–371).
1987—Subsec. (b). Pub. L. 100–119, § 104(b)(1), inserted items relating to National Service Life Insurance Fund, Service-Disabled Veterans Insurance Fund, Veterans Special Life Insurance Fund, Veterans Reopened Insurance Fund, United States Government Life Insurance Fund, Veterans Insurance and Indemnity, Special Therapeutic and Rehabilitation Activities Fund, Veterans’ Canteen Service Revolving Fund, benefits under chapter 21 of title 38 relating to specially adapted and mortgage-protection life insurance for certain veterans and service-connected disabilities, benefits under section 907 of title 38 relating to burial benefits for veterans who die as a result of service-connected disability, and benefits under chapter 39 of title 38 relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces.
Subsec. (g)(1). Pub. L. 100–119, § 104(a)(2), (b)(2), (3), designated existing provisions of par. (1) as subpar. (A); inserted items relating to Administration of Territories, Northern Mariana Islands Covenant grants, Thrift Savings Fund, Bureau of Indian Affairs, miscellaneous payments to Indians, Customs Service, miscellaneous permanent appropriations, higher education facilities loans and insurance, Internal Revenue Collections for Puerto Rico, Panama Canal Commission operating expenses and Panama Canal Commission capital outlay, to medical facilities guarantee and loan fund, Federal interest subsidies for medical facilities, Compact of Free Association, economic assistance pursuant to Public Law 99–658, payments to United States territories, fiscal assistance, payments to widows and heirs of deceased Members of Congress, and Washington Metropolitan Area Transit Authority, interest payments; and added subpar. (B).
Pub. L. 100–86 inserted items relating to Comptroller of the Currency; Federal Deposit Insurance Corporation; Federal Home Loan Bank Board; Federal Home Loan Bank Board, Federal Savings and Loan Insurance Corporation; National Credit Union Administration; National Credit Union Administration, central liquidity facility; and National Credit Union Administration, credit union share insurance fund.
Subsec. (g)(2). Pub. L. 100–119, § 104(c)(1), struck out following items relating to Veterans Administration: national service life insurance fund, service-disabled veterans insurance fund, United States Government life insurance fund, veterans insurance and indemnities, veterans reopened insurance fund, and veterans special life insurance fund.
Subsec. (h). Pub. L. 100–119, § 104(a)(1), inserted item relating to commodity supplemental food program.
1986—Subsec. (d). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
Subsec. (g)(1). Pub. L. 99–509 inserted item relating to dual benefits payments account.
Pub. L. 117–167, div. A, § 107(f),
Pub. L. 115–254, div. F, title VI, § 1470(w),
[For definition of “transition period” as used in section 1470(w) of Pub. L. 115–254, set out above, see section 9681 of Title 22, Foreign Relations and Intercourse.]
Pub. L. 114–113, div. O, title IV, § 403(b),
Amendment by Pub. L. 109–171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning
Amendment by Pub. L. 104–208 effective
Amendment by Pub. L. 104–193 effective
Pub. L. 102–572, title XI, § 1101(a),
Pub. L. 99–509, title VII, § 7002(b),
The Soldiers’ and Airmen’s Home, referred to in subsec. (g)(1)(A), was incorporated into the Armed Forces Retirement Home by section 411 of Title 24, Hospitals and Asylums.
For all student loans under part B or D of title IV of the Higher Education Act of 1965 [20 U.S.C. 1071 et seq., 1087a et seq.] made during the period when a sequestration order under section 904 of this title is in effect as required by section 902 or 903 of this title, origination fees under sections 438(c)(2) and (6) and 455(c) [20 U.S.C. 1087–1(c)(2), (6), 1087e(c)] and loan processing and issuance fees under section 428(f)(1)(A)(ii) of that Act [20 U.S.C. 1078(f)(1)(A)(ii)] shall each be increased by the uniform percentage specified in that sequestration order, and, for student loans originated during the period of the sequestration, special allowance payments under section 438(b) of that Act [20 U.S.C. 1087–1(b)] accruing during the period of the sequestration shall be reduced by the uniform percentage specified in that sequestration order.
Reductions in payments for programs and activities under such title XVIII [42 U.S.C. 1395 et seq.] pursuant to a sequestration order under section 904 of this title shall be at a uniform rate, which shall not exceed 4 percent, across all such programs and activities subject to such order.
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.
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.
A sequestration order required by section 902 or 903 of this title with respect to programs under such title XVIII [42 U.S.C. 1395 et seq.] shall not take effect until the first month beginning after the end of the effective period of any prior sequestration order with respect to such programs, as determined in accordance with paragraph (1).
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.
Premium and cost-sharing subsidies under section 1860D–14 of the Social Security Act [42 U.S.C. 1395w–114].
Payments under section 1860D–15(b) and (e)(2)(B) of the Social Security Act [42 U.S.C. 1395w–115(b), (e)(2)(B)].
Payments to States for coverage of Medicare cost-sharing for certain low-income Medicare beneficiaries under section 1933 of the Social Security Act [42 U.S.C. 1396u–3].
Notwithstanding any change in the display of budget accounts, any order issued by the President under section 904 of this title shall accomplish the full amount of any required reduction in expenditures under sections 455 and 458 of the Social Security Act [42 U.S.C. 655, 658a] by reducing the Federal matching rate for State administrative costs under such program, as specified (for the fiscal year involved) in section 455(a) of such Act, to the extent necessary to reduce such expenditures by that amount.
This title 1 shall not restrict the Commodity Credit Corporation in the discharge of its authority and responsibility as a corporation to buy and sell commodities in world trade, to use the proceeds as a revolving fund to meet other obligations and otherwise operate as a corporation, the purpose for which it was created.
Notwithstanding any other provision of this title,1 if an order under section 904 of this title is issued with respect to a fiscal year, any reduction under the order applicable to contracts described in paragraph (1) may provide for reductions in outlays for the account involved to occur in the fiscal year following the fiscal year to which the order applies.
All reductions described in paragraph (2) which are required to be made in connection with an order issued under section 904 of this title with respect to a fiscal year shall be made so as to ensure that outlays for each program, project, activity, or account involved are reduced by a percentage rate that is uniform for all such programs, projects, activities, and accounts, and may not be made so as to achieve a percentage rate of reduction in any such item exceeding the rate specified in the order.
Notwithstanding any other provision of this subsection, as the sole means of achieving any reduction in outlays under the milk price support program, the Secretary of Agriculture shall provide for a reduction to be made in the price received by producers for all milk produced in the United States and marketed by producers for commercial use. That price reduction (measured in cents per hundred weight of milk marketed) shall occur under section 1446(d)(2)(A) of title 7, shall begin on the day any sequestration order is issued under section 904 of this title, and shall not exceed the aggregate amount of the reduction in outlays under the milk price support program that otherwise would have been achieved by reducing payments for the purchase of milk or the products of milk under this subsection during the applicable fiscal year.
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.
The Higher Education Act of 1965, referred to in subsec. (b), is Pub. L. 89–329,
The Social Security Act, referred to in subsecs. (d) and (i)(1)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XII and XVIII of the Social Security Act are classified generally to subchapters XII (§ 1321 et seq.) and XVIII (§ 1395 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. Parts A to D of title XVIII of the Act are classified generally to parts A (§ 1395c et seq.), B (§ 1395j et seq.), C (§ 1395w–21 et seq.), and D (§ 1395w–101 et seq.), respectively, of subchapter XVIII of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Section 302 of the Federal Employees Pay Comparability Act of 1990, referred to in subsec. (g)(1), is section 529 [title III, § 302] of Pub. L. 101–509, which is set out as a note under section 5304 of Title 5, Government Organization and Employees.
This title, referred to in subsecs. (h)(1) and (j)(1), (3), means title II (§ 200 et seq.) of Pub. L. 99–177,
Subsec. (h)(1), referred to in subsec. (h)(3), was redesignated subsec. (i)(1) by Pub. L. 101–508, title XIII, § 13101(d)(2),
The Railroad Unemployment Insurance Act, referred to in subsec. (i)(1)(D), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 367 of Title 45 and Tables.
The Federal-State Extended Unemployment Compensation Act of 1970, referred to in subsec. (i)(2)(A), is title II of Pub. L. 91–373,
This joint resolution, referred to in subsec. (j)(6), means Pub. L. 99–177,
2024—Subsec. (i)(1)(D). Pub. L. 118–159, § 5701(a)(2), repealed Pub. L. 116–260, § 235(c). See 2020 Amendment note below.
2022—Subsec. (g)(2)(B)(ii). Pub. L. 117–263 substituted “sections 403b and 405” for “sections 403a and 475”.
Subsec. (h)(4)(G). Pub. L. 117–168 added subpar. (G).
2020—Subsec. (i)(1)(D). Pub. L. 116–260, § 235(c), which directed the repeal of the amendment made by section 235(a) of Pub. L. 116–260, was repealed by Pub. L. 118–159, § 5701(a)(2).
Pub. L. 116–260, § 235(a), added subpar. (D).
2013—Subsec. (g)(2)(B)(ii). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(B). See 2011 Amendment note below.
2011—Subsec. (g)(2)(B)(ii). Pub. L. 112–81, § 631(f)(4)(B), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “475” for “405”.
2010—Subsec. (a). Pub. L. 111–139, § 10(a), struck out subsec. (a). Text read as follows: “Automatic spending increases are increases in outlays due to changes in indexes in the following programs:
“(1) Special milk program; and
“(2) Vocational rehabilitation basic State grants.
In those programs all amounts other than the automatic spending increases shall be exempt from reduction under any order issued under this subchapter.”
Subsec. (b). Pub. L. 111–139, § 10(b), substituted “origination fees under sections 438(c)(2) and (6) and 455(c) and loan processing and issuance fees under section 428(f)(1)(A)(ii) of that Act shall each be increased by the uniform percentage specified in that sequestration order, and, for student loans originated during the period of the sequestration, special allowance payments under section 438(b) of that Act accruing during the period of the sequestration shall be reduced by the uniform percentage specified in that sequestration order.” for “origination fees under sections 438(c)(2) and 455(c) of that Act shall each be increased by 0.50 percentage point.”
Subsec. (c). Pub. L. 111–139, § 10(c), struck out subsec. (c). Text read as follows: “Any order issued by the President under section 904 of this title shall make the reduction which is otherwise required under the foster care and adoption assistance programs (established by part E of title IV of the Social Security Act) only with respect to payments and expenditures made by States in which increases in foster care maintenance payment rates or adoption assistance payment rates (or both) are to take effect during the fiscal year involved, and only to the extent that the required reduction can be accomplished by applying a uniform percentage reduction to the Federal matching payments that each such State would otherwise receive under section 474 of that Act (for such fiscal year) for that portion of the State’s payments which is attributable to the increases taking effect during that year. No State’s matching payments from the Federal Government for foster care maintenance payments or for adoption assistance maintenance payments may be reduced by a percentage exceeding the applicable domestic sequestration percentage. No State may, after
Subsec. (d)(1). Pub. L. 111–139, § 10(d)(2), amended par. (1) generally. Prior to amendment, text read as follows: “To achieve the total percentage reduction in those programs required by sections 902 and 903 of this title, and notwithstanding section 710 of the Social Security Act, OMB shall determine, and the applicable Presidential order under section 904 of this title shall implement, the percentage reduction that shall apply to payments under the health insurance programs under title XVIII of the Social Security Act for services furnished after the order is issued, such that the reduction made in payments under that order shall achieve the required total percentage reduction in those payments for that fiscal year as determined on a 12-month basis.”
Subsec. (d)(2) to (6). Pub. L. 111–139, § 10(d)(1), (3)–(5), added pars. (2) and (4), redesignated former pars. (2), (3), and (4) as (3), (5), and (6), respectively, and amended par. (6) generally. Prior to amendment, text of par. (6) read as follows: “In computing the adjusted average per capita cost for purposes of section 1876(a)(4) of the Social Security Act, the Secretary of Health and Human Services shall not take into account any reductions in payment amounts which have been or may be effected under this subchapter.”
Subsec. (d)(7). Pub. L. 111–139, § 10(d)(6), added par. (7).
Subsec. (h)(4)(C) to (H). Pub. L. 111–203 redesignated subpars. (D), (E), (F), and (H) as (C), (D), (E), and (F), respectively, and struck out former subpars. (C) and (G) which read as follows:
“(C) Office of Thrift Supervision.”
“(G) Resolution Trust Corporation.”
Subsec. (k)(1). Pub. L. 111–139, § 9(b), substituted “in paragraph (6)” for “in paragraph (5)”.
1997—Pub. L. 105–33, § 10208(a)(1), substituted “General and special sequestration rules” for “Exceptions, limitations, and special rules” as section catchline.
Subsec. (a). Pub. L. 105–33, § 10208(b), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: “National Wool Act;”.
Subsec. (b). Pub. L. 105–33, § 10208[(c)], amended subsec. (b) generally, substituting new heading and text for former text consisting of pars. (1) to (3) relating to reductions required to be achieved from student loan programs operated under part B of title IV of the Higher Education Act of 1965 as a consequence of a sequestration order. Amendment was executed to reflect the probable intent of Congress based on language directing the general amendment of subsec. (b), appearing in the conference report for H.R. 2015, H. Rept. No. 105–217, 105th Congress, as adopted by the House of Representatives and Senate.
Subsec. (e)(1). Pub. L. 105–33, § 10208(d), substituted “shall be 2 percent.” for “shall be—” and struck out subpars. (A) and (B) which read as follows:
“(A) 1 percent in the case of the fiscal year 1986, and
“(B) 2 percent in the case of any subsequent fiscal year.”
Subsec. (h)(2). Pub. L. 105–33, § 10208(e)(1), substituted “this subchapter” for “this joint resolution”.
Subsec. (h)(4)(D). Pub. L. 105–33, § 10208(e)(2), redesignated subpar. (E) as (D) and struck out former subpar. (D) which read as follows: “Office of Thrift Supervision.”
Subsec. (h)(4)(E) to (G). Pub. L. 105–33, § 10208(e)(2), redesignated subpars. (F), (G), and (I) as (E), (F), and (G), respectively. Former subpar. (E) redesignated (D).
Subsec. (h)(4)(H). Pub. L. 105–33, § 10208(e)(2), added subpar. (H) and struck out former subpar. (H) which read as follows: “Resolution Funding Corporation.”
Subsec. (h)(4)(I). Pub. L. 105–33, § 10208(e)(2), redesignated subpar. (I) as (G).
Subsec. (j)(2) to (5). Pub. L. 105–33, § 10208(f), added pars. (2) to (5) and struck out former pars. (2) to (5) which related to reduction in payments made under contracts, delayed reduction in outlays permissible, uniform percentage rate of reduction and other limitations, and no double reduction for agricultural price support and income protection programs.
Subsec. (k)(1). Pub. L. 105–33, § 10208(g)(1), struck out “other than a trust or special fund account” after “from any account” and inserted “, except as provided in paragraph (5)” before period.
Subsec. (k)(6). Pub. L. 105–33, § 10208(g)(2), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “Except as otherwise provided, sequestration in trust and special fund accounts for which obligations are indefinite shall be taken in a manner to ensure that obligations in the fiscal year of a sequestration are reduced, from the level that would actually have occurred, by the applicable sequestration percentage.”
1996—Subsecs. (k), (l). Pub. L. 104–193 redesignated subsec. (l) as (k) and struck out former subsec. (k) which related to special rules for JOBS portion of AFDC, providing that any order under section 904 accomplish full amount of any required sequestration of job opportunities and basic skills training program, and setting forth new allotment formula.
1990—Subsec. (a). Pub. L. 101–508, § 13101(d)(1), amended subsec. (a) generally, substituting provisions relating to automatic spending increases for provisions relating to effect of reductions and sequestrations.
Subsec. (b). Pub. L. 101–508, § 13101(d)(3), substituted “section 904 of this title” for “section 902 of this title” in pars. (1) to (3).
Pub. L. 101–508, § 13101(d)(2), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (h).
Subsec. (c). Pub. L. 101–508, § 13101(d)(4), inserted after first sentence “No State’s matching payments from the Federal Government for foster care maintenance payments or for adoption assistance maintenance payments may be reduced by a percentage exceeding the applicable domestic sequestration percentage.”
Pub. L. 101–508, § 13101(d)(3), substituted “section 904 of this title” for “section 902 of this title”.
Pub. L. 101–508, § 13101(d)(2), redesignated subsec. (f) as (c). Former subsec. (c) redesignated (b).
Subsec. (d)(1). Pub. L. 101–508, § 13101(d)(5), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The maximum permissible reduction for the health insurance programs under title XVIII of the Social Security Act for any fiscal year, pursuant to an order issued under section 902 of this title, consists only of a reduction of—
“(A) 1 percent in the case of fiscal year 1986, and
“(B) 2 percent (or such higher percentage as may apply as determined in accordance with section 902(a)(4)(B)(ii) of this title) in the case of any subsequent fiscal year,
in each separate payment amount otherwise made for a covered service under those programs without regard to this subchapter.”
Subsec. (d)(2)(C). Pub. L. 101–508, § 13101(d)(6), struck out subpar. (C) which read as follows: “For purposes of this paragraph, the effective period of a sequestration order for fiscal year 1986 is the period beginning on
Subsec. (e). Pub. L. 101–508, § 13101(d)(2), redesignated subsec. (k) as (e). Former subsec. (e) redesignated (f).
Subsec. (e)(1). Pub. L. 101–508, § 13101(d)(3), substituted “section 904 of this title” for “section 902 of this title”.
Subsec. (f). Pub. L. 101–508, § 13101(d)(3), substituted “section 904 of this title” for “section 902 of this title”.
Pub. L. 101–508, § 13101(d)(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (c).
Subsec. (g)(1). Pub. L. 101–509, § 529 [title I, § 101(b)(4)(H)], in closing provisions, inserted “(as increased by any amount payable under section 5304 of title 5 or section 302 of the Federal Employees Pay Comparability Act of 1990)” after “pay system” and substituted “5303” for “5305”.
Pub. L. 101–508, § 13101(d)(3), substituted “section 904 of this title” for “section 902 of this title”.
Subsec. (g)(2)(A). Pub. L. 101–509, § 529 [title I, § 101(b)(2)(A)], substituted “5302(1)” for “5301(c)”.
Subsec. (h). Pub. L. 101–508, § 13101(d)(2), redesignated subsec. (b) as (h). Former subsec. (h) redesignated (i).
Subsec. (h)(1). Pub. L. 101–508, § 13101(d)(3), substituted “section 904 of this title” for “section 902 of this title”.
Subsec. (i). Pub. L. 101–508, § 13101(d)(2), redesignated subsec. (h) as (i) and struck out former subsec. (i) which related to treatment of mine worker disability compensation increases as automatic spending increases.
Subsec. (i)(1), (2)(A). Pub. L. 101–508, § 13101(d)(3), substituted “section 904 of this title” for “section 902 of this title”.
Subsec. (j). Pub. L. 101–508, § 13101(d)(3), substituted “section 904 of this title” for “section 902 of this title” wherever appearing in pars. (2) to (5).
Subsec. (k). Pub. L. 101–508, § 13101(d)(2), added subsec. (k). Former subsec. (k) redesignated (e).
Subsec. (l). Pub. L. 101–508, § 13101(d)(2), added subsec. (l) and struck out former subsec. (l) which related to treatment of obligated balances.
1989—Subsec. (b)(4)(C). Pub. L. 101–73, § 743(b)(1), substituted “Office of Thrift Supervision” for “Federal Home Loan Bank Board”.
Subsec. (b)(4)(D). Pub. L. 101–73, § 743(b)(2), substituted “Office of Thrift Supervision” for “Federal Savings and Loan Insurance Corporation”.
Subsec. (b)(4)(H), (I). Pub. L. 101–73, § 743(b)(3), added subpars. (H) and (I).
1987—Subsec. (a)(2). Pub. L. 100–119, § 102(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Any amount of new budget authority, unobligated balances, obligated balances, new loan guarantee commitments, new direct loan obligations, spending authority (as defined in section 651(c)(2) of this title), or obligation limitations which is sequestered or reduced pursuant to an order issued under section 902 of this title is permanently cancelled, with the exception of amounts sequestered in special or trust funds, which shall remain in such funds and be available in accordance with and to the extent permitted by law, including the provisions of this Act.”
Subsec. (b)(4). Pub. L. 100–86 added par. (4).
Subsec. (b)(4)(G). Pub. L. 100–119, § 104(a)(3), added subpar. (G).
Subsec. (d)(1)(B). Pub. L. 100–119, § 102(b)(11), inserted “(or such higher percentage as may apply as determined in accordance with section 902(a)(4)(B)(ii) of this title)”.
Subsec. (e). Pub. L. 100–119, § 104(a)(4), substituted “Notwithstanding any change in the display of budget accounts, any order” for “Any order”.
Subsec. (l). Pub. L. 100–119, § 102(b)(3), amended subsec. (l) generally, striking out provisions which had created an “existing contract” exception to the rule of obligated balances not being subject to reduction under an order issued under section 902 of this title, under which existing contracts in major functional category 050 (other than (A) those contracts which included a specified penalty for cancellation or modification by the Government and which if so cancelled or modified would have resulted (due to such penalty) in a net loss to the Government for the fiscal year, and (B) those contracts the reduction of which would have violated the legal obligations of the Government) were subject to reduction, in accordance with section 901(d)(3) of this title, under an order issued under section 902 of this title.
1986—Subsec. (h)(2)(B). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
Pub. L. 118–159, div. E, title LVII, § 5701(b),
[The national emergency concerning the COVID–19 outbreak terminated on
Pub. L. 116–260, div. N, title II, § 235(b),
Pub. L. 116–260, div. N, title II, § 235(c),
Pub. L. 112–239, div. A, title X, § 1076(a),
Pub. L. 111–203, title III, § 351,
[For definition of “transfer date” as used in section 351 of Pub. L. 111–203, set out above, see section 5301 of Title 12, Banks and Banking.]
Amendment by Pub. L. 104–193 effective
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
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.
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.
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.
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.
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.
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.
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.
The inflator used in paragraph (1) to adjust budgetary resources relating to personnel shall be the percent by which the average of the Bureau of Labor Statistics Employment Cost Index (wages and salaries, private industry workers) for that fiscal year differs from such index for the current year. The inflator used in paragraph (1) to adjust all other budgetary resources shall be the percent by which the average of the estimated gross domestic product chain-type price index for that fiscal year differs from the average of such estimated index for the current year.
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.
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.
Amounts realized from the sale of an asset shall not be included in estimates under section 901, 902, or 903 of this title if that sale would result in a financial cost to the Federal Government as determined pursuant to scorekeeping guidelines.
This Act, referred to in subsec. (b)(3), means Pub. L. 99–177,
Pub. L. 101–508, § 13101(b), redesignated former par. (12) of this section as section 250(c)(21) (now 250(c)(19)) of Pub. L. 99–177, which is classified to section 900(c)(19) of this title.
Pub. L. 101–508, § 13101(e)(2), transferred section 251(a)(6)(I) of Pub. L. 99–177, which was classified to section 901(a)(6)(I) of this title, to subsec. (e) of this section.
2013—Subsec. (b)(2)(A)(i). Pub. L. 113–67 substituted “differences” for “differenes”.
1997—Subsec. (b)(2)(A). Pub. L. 105–33, § 10209(a)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “No program with estimated current-year outlays greater than $50 million shall be assumed to expire in the budget year or outyears.”
Subsec. (b)(2)(D). Pub. L. 105–33, § 10209(a)(2), added subpar. (D).
Subsec. (c)(5). Pub. L. 105–33, § 10209(a)(3), substituted “domestic product chain-type price index” for “national product fixed-weight price index”.
Subsec. (e). Pub. L. 105–33, § 10209(a)(4), added subsec. (e) and struck out former subsec. (e) which read as follows: “The sale of an asset or prepayment of a loan shall not alter the deficit or produce any net deficit reduction in the budget baseline, except that the budget baseline estimate shall include asset sales mandated by law before
1990—Pub. L. 101–508, § 13101(e)(1), amended section generally, substituting provisions relating to baseline for provisions relating to definitions.
Subsec. (e). Pub. L. 101–508, § 13101(e)(2), redesignated section 901(a)(6)(I) of this title as subsec. (e) of this section, and substituted “The” for “assuming, for purposes of this paragraph and subparagraph (A)(i) of paragraph (3), that the”.
1987—Pub. L. 100–119, § 102(a), amended section 901 of this title generally, adding subsec. (a)(6)(I). See 1990 Amendment note above.
Par. (1). Pub. L. 100–119, § 104(c)(2), struck out provisions of former subpar. (A) that “automatic spending increase” meant increases in budget outlays due to changes in indexes in the following Federal programs:
“Black lung benefits (20-8144-0-7-601);
“Central Intelligence Agency retirement and disability system fund (56-3400-0-1-054);
“Civil service retirement and disability fund (24-8135-0-7-602);
“Comptrollers general retirement system (05-0107-0-1-801);
“Foreign service retirement and disability fund (19-8186-0-7-602);
“Judicial survivors’ annuities fund (10-8110-0-7-602);
“Longshoremen’s and harborworkers’ compensation benefits (16-9971-0-7-601);
“Military retirement fund (97-8097-0-7-602);
“National Oceanic and Atmospheric Administration retirement (13-1450-0-1-306);
“Pensions for former Presidents (47-0105-0-1-802);
“Railroad retirement tier II (60-8011-0-7-601);
“Retired pay, Coast Guard (69-0241-0-1-403);
“Retirement pay and medical benefits for commissioned officers, Public Health Service (75-0379-0-1-551);
“Special benefits, Federal Employees’ Compensation Act (16-1521-0-1-600);
“Special benefits for disabled coal miners (75-0409-0-1-601); and
“Tax Court judges survivors annuity fund (23-8115-0-7-602).”
Par. (7). Pub. L. 100–119, § 102(b)(4), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “The terms ‘sequester’ and ‘sequestration’ (subject to section 902(a)(4) of this title) refer to or mean the cancellation of new budget authority, unobligated balances, obligated balances, new loan guarantee commitments, new direct loan obligations, and spending authority as defined in section 651(c)(2) of this title, and the reduction of obligation limitations.”
Par. (9). Pub. L. 100–119, § 102(b)(5), added par. (9).
Par. (10). Pub. L. 100–119, § 106(b), added par. (10).
Par. (11). Pub. L. 100–119, § 102(b)(6), added par. (11).
Par. (12). Pub. L. 100–119, § 102(b)(7), added par. (12).
Pars. (13), (14). Pub. L. 100–119, § 102(b)(8), added pars. (13) and (14).
Pub. L. 101–163, title III, § 315,
Pub. L. 100–202, § 101(i) [title III, § 306],
Pub. L. 99–509, title VII, § 7001,
Whenever CBO issues a low-growth report under section 254(i) [2 U.S.C. 904(i)], the Majority Leader of the House of Representatives may, and the Majority Leader of the Senate shall, introduce a joint resolution (in the form set forth in paragraph (2)) declaring that the conditions specified in section 254(i) are met and suspending the relevant provisions of this title,1
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.
This title, referred to in subsec. (a)(1), means title II (§ 200 et seq.) of Pub. L. 99–177,
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,
Section 254(j) of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (a)(2)(A), is section 254(j) of Pub. L. 99–177, which was redesignated section 254(i) of that Act by Pub. L. 105–33, title X, § 10206(1),
The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (a)(2)(A), is Pub. L. 93–344,
Part C of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (a)(2)(A), is classified generally to this subchapter. Section 258 of the Act is classified to this section.
A prior section 258 of Pub. L. 99–177 was classified to section 908 of this title prior to repeal by Pub. L. 105–33, title X, § 10210,
2013—Subsec. (a)(1). Pub. L. 113–67, which directed substitution of “section 254(i)” for “section 254(j)”, was executed by making the substitution in two places to reflect the probable intent of Congress.
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.
A joint resolution introduced in the Senate under subsection (a) shall not be referred to a committee of the Senate and shall be placed on the calendar pending disposition of such joint resolution in accordance with this subsection.
On or after the third calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution is introduced under subsection (a), notwithstanding any rule or precedent of the Senate, including Rule XXII of the Standing Rules of the Senate, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of the joint resolution. The motion is not in order after the eighth calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution (to which the motion applies) is introduced. The joint resolution is privileged in the Senate. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the Senate shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the Senate until disposed of.
Immediately following the conclusion of the debate on a joint resolution introduced under subsection (a), a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, and the disposition of any pending amendments under paragraph (3), the vote on final passage of the joint resolution shall occur.
Appeals from the decisions of the Chair shall be decided without debate.
In the Senate, points of order under titles III, IV, and VI 1
If the Senate receives from the House of Representatives a joint resolution introduced under subsection (a) after the Senate has disposed of a Senate originated resolution which is identical to the House passed joint resolution, the action of the Senate with regard to the disposition of the Senate originated joint resolution shall be deemed to be the action of the Senate with regard to the House originated joint resolution. If it is not identical to the House passed joint resolution, then the Senate shall be considered to have passed the joint resolution of the House as amended by the text of the Senate joint resolution.
The Congressional Budget Act of 1974, referred to in subsec. (b)(6), is titles I to IX of Pub. L. 93–344,
Subject to subsections (b), (c), and (d), new budget authority and unobligated balances for any programs, projects, or activities within major functional category 050 (other than a military personnel account) may be further reduced beyond the amount specified in an order issued by the President under section 904 of this title for such fiscal year. To the extent such additional reductions are made and result in additional outlay reductions, the President may provide for lesser reductions in new budget authority and unobligated balances for other programs, projects, or activities within major functional category 050 for such fiscal year, but only to the extent that the resulting outlay increases do not exceed the additional outlay reductions, and no such program, project, or activity may be increased above the level actually made available by law in appropriation Acts (before taking sequestration into account). In making calculations under this subsection, the President shall use account outlay rates that are identical to those used in the report by the Director of OMB under section 904 of this title.
No actions taken by the President under subsection (a) for a fiscal year may result in a domestic base closure or realignment that would otherwise be subject to section 2687 of title 10.
Within 5 calendar days of session after the President submits a report to Congress under subsection (c)(1) for a fiscal year, the majority leader of each House of Congress shall (by request) introduce a joint resolution which contains provisions affirming the changes proposed by the President pursuant to this paragraph.1
Immediately following the conclusion of the debate on a joint resolution introduced under subsection (d), a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, and the disposition of any pending amendments under subsection (h), the vote on final passage of the joint resolution shall occur.
Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (d) shall be decided without debate.
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.
If the Senate receives from the House of Representatives a joint resolution introduced under subsection (d) after the Senate has disposed of a Senate originated joint resolution which is identical to the House passed joint resolution, the action of the Senate with regard to the disposition of the Senate originated joint resolution shall be deemed to be the action of the Senate with regard to the House originated joint resolution. If it is not identical to the House passed joint resolution, then the Senate shall be considered to have passed the joint resolution of the House as amended by the text of the Senate joint resolution.
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,
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.
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.
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.
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.
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.
For purposes of paragraphs (1), (2), and (3), the term “day” shall mean any calendar day on which the Senate is in session.
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.
Debate in the Senate on any resolution reported pursuant to subsection (a)(2), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to 10 hours.
Section 641(d)(2) of this title shall apply to reconciliation bills and reconciliation resolutions reported under this subsection.
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.
For purposes of this subsection, the term “resolution” means a simple, joint, or concurrent resolution.
Section, Pub. L. 99–177, title II, § 258, as added Pub. L. 100–119, title I, § 105(a),
Section, Pub. L. 100–119, title II, § 202,
Section, Pub. L. 99–177, title II, § 273,
Notwithstanding any other provision of law, any order of the United States District Court for the District of Columbia which is issued pursuant to an action brought under paragraph (1), (2), or (3) of subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after such order is entered; and the jurisdictional statement shall be filed within 30 days after such order is entered. No stay of an order issued pursuant to an action brought under paragraph (1), (2), or (3) of subsection (a) shall be issued by a single Justice of the Supreme Court.
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).
No order of any court granting declaratory or injunctive relief from the order of the President issued under section 904 of this title, including but not limited to relief permitting or requiring the expenditure of funds sequestered by such order, shall take effect during the pendency of the action before such court, during the time appeal may be taken, or, if appeal is taken, during the period before the court to which such appeal is taken has entered its final order disposing of such action.
The rights created by this section are in addition to the rights of any person under law, subject to subsection (e).
The economic data and economic assumptions used by the Director of OMB in computing the figures specified in any report issued by the Director of OMB under section 904 of this title, shall not be subject to review in any judicial or administrative proceeding.
This title, referred to in subsec. (a)(2), (3), means title II (§ 200 et seq.) of Pub. L. 99–177,
Section 906(a) of this title, referred to in subsec. (d)(1)(A), was repealed by Pub. L. 111–139, title I, §10(a),
1997—Subsec. (a)(1), (3). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902”.
Subsec. (d)(1). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902(b)” in introductory provisions.
Subsec. (d)(1)(A). Pub. L. 105–33, § 10211(2), substituted “906(a) of this title if” for “907(1) of this title to the extent that” and inserted “or” at end.
Subsec. (d)(1)(B). Pub. L. 105–33, § 10211(3), substituted “budgetary resources” for “new budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority”. Directory language directing the striking of “or” after the comma was executed by striking “or” after “account,” and not after “activity,” to reflect the probable intent of Congress.
Subsec. (d)(1)(C). Pub. L. 105–33, § 10211(4), struck out subpar. (C) which read as follows: “does not reduce obligation limitations by the amount by which such limitations are required to be reduced under subchapter I of this chapter (or reduces such limitations by more than that amount) with respect to any program, project, activity, or account,”.
Subsec. (d)(2). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902(b)” in introductory and concluding provisions.
Subsec. (e). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902”.
Subsec. (f). Pub. L. 105–33, § 10211(5), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f) consisting of pars. (1) to (5) relating to alternative procedures for joint reports of directors.
Subsec. (g). Pub. L. 105–33, § 10211(6), substituted “figures” for “base levels of total revenues and total budget outlays, as” and “section 904 of this title” for “section 901(a)(2)(B) or (c)(2) of this title,”.
Pub. L. 105–33, § 10211(5), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 105–33, § 10211(5), redesignated subsec. (h) as (g).
1987—Subsec. (f)(1). Pub. L. 100–119, § 102(b)(9)(A), added par. (1) and struck out former par. (1) which read as follows: “In the event that any of the reporting procedures described in section 901 of this title are invalidated, then any report of the Directors referred to in section 901(a) or (c)(1) of this title shall be transmitted to the joint committee established under this subsection.”
Subsec. (f)(2), (3). Pub. L. 100–119, § 102(b)(9)(B), substituted “Director of CBO” for “Directors” wherever appearing.
Subsec. (f)(5). Pub. L. 100–119, § 102(b)(9)(C), substituted “section 901(a)(2)(B) or (c)(2)” for “section 901(b) or (c)(2)”.
Subsec. (h). Pub. L. 100–119, § 102(b)(10), substituted “and economic assumptions” for “, assumptions, and methodologies”, “Director of OMB” for “Comptroller General” in two places, and “section 901(a)(2)(B)” for “section 901(b)”.
The purpose of this chapter is to reestablish a statutory procedure to enforce a rule of budget neutrality on new revenue and direct spending legislation.
This chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 111–139,
Pub. L. 111–139, title I, § 1,
This chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 111–139,
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in par. (1), is title II of Pub. L. 99–177,
The Economic Growth and Tax Relief Reconciliation Act of 2001, referred to in par. (3), is Pub. L. 107–16,
The Jobs and Growth Tax Relief Reconciliation Act of 2003, referred to in par. (3), is Pub. L. 108–27,
To establish the budgetary effects of a PAYGO Act consistent with the determination made by the Chairman of the House Budget Committee, a PAYGO Act originated in or amended by the House of Representatives may include the following statement: “The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act 1
To establish the budgetary effects of a PAYGO Act consistent with the determination made by the Chairman of the Senate Budget Committee, a PAYGO Act originated in or amended by the Senate shall include the following statement: “The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act 1 of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.”.
To establish the budgetary effects of the conference report on a PAYGO Act, or an amendment to an amendment between Houses on a PAYGO Act, which if estimated shall be estimated jointly by the Chairmen of the House and Senate Budget Committees, the conference report or amendment between the Houses shall include the following statement: “The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act 1 of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on this conference report or amendment between the Houses.”.
Prior to a vote on passage of a PAYGO Act originated or amended by one House, the Chairman of the Budget Committee of that House may submit for printing in the Congressional Record a statement titled “Budgetary Effects of PAYGO Legislation” which shall include an estimate of the budgetary effects of that Act, if available prior to passage of the Act by that House and shall submit, if applicable, an identification of any current policy adjustments made pursuant to section 936 of this title. The timely submission of such a statement, in conjunction with the appropriate designation made pursuant to paragraph (1)(A) or (1)(B), as applicable, shall establish the budgetary effects of the PAYGO Act for the purposes of this Act.
The latest statement submitted by the Chairman of the Budget Committee of that House prior to passage shall supersede any prior statements submitted in the Congressional Record and shall be valid only if the PAYGO Act is not further amended by either House.
Prior to the adoption of a report of a committee of conference on a PAYGO Act in either House, or disposition of an amendment to an amendment between Houses on a PAYGO Act, the Chairmen of the Budget Committees of the House and Senate may jointly submit for printing in the Congressional Record a statement titled “Budgetary Effects of PAYGO Legislation” which shall include an estimate of the budgetary effects of that Act if available prior to passage of the Act by the House acting first on the legislation and shall submit, if applicable, an identification of any current policy adjustments made pursuant to section 936 of this title. The timely submission of such a statement, in conjunction with the appropriate designation made pursuant to paragraph (1)(C), shall establish the budgetary effects of the PAYGO Act for the purposes of this Act.
If such estimate has not been submitted prior to the adoption of a report of a committee of conference by either House, or if the designation required pursuant to this subsection has not been made, the budgetary effects of the PAYGO Act shall be determined under subsection (d)(3).
In the Senate, upon submission of a statement titled “Budgetary Effects of PAYGO Legislation” by the Chairman of the Senate Budget Committee for printing in the Congressional Record, the Legislative Clerk shall read the statement.
For the purposes of enforcing section 637 of this title, a designation made pursuant to paragraph (1)(A), (1)(B), or (1)(C), that includes only the language specifically prescribed therein, shall not be considered a matter within the jurisdiction of either the Senate or House Committees on the Budget.
For any provision of legislation that meets the criteria in subsection (c), (d), (e) or (f) of section 936 of this title, the Chairs of the Committees on the Budget of the House and Senate, as applicable, shall request that CBO adjust the estimate of budgetary effects of that legislation pursuant to paragraph (2) for the purposes of this chapter. A single piece of legislation may contain provisions that meet criteria in more than one of the subsections referred to in the preceding sentence. CBO shall adjust estimates for legislation designated under subsection (a) and estimated under subsection (b). OMB shall adjust estimates for legislation estimated under subsection (d)(3).
CBO or OMB, as applicable, shall exclude from the estimate of budgetary effects any budgetary effects of a provision that meets the criteria in subsection (c), (d), (e) or (f) of section 936 of this title, to the extent that those budgetary effects, when combined with all other excluded budgetary effects of any other previously designated provisions of enacted legislation under the same subsection of section 936 of this title, do not exceed the maximum applicable current policy adjustment defined under the applicable subsection of section 936 of this title for the applicable 10-year period.
Any estimate made pursuant to subparagraph (A) shall be prepared using baseline estimates supplied by the Congressional Budget Office, consistent with section 907 of this title. CBO estimates of legislation adjusted for current policy shall include a separate presentation of costs excluded from the calculation of budgetary effects for the legislation, as well as an updated total of all excluded costs of provisions within subsection (c), (d), or (e) of section 936 of this title, as applicable, and in the case of paragraph (1) of section 936(f) of this title, within any of the subparagraphs (A) through (L) of such paragraph, as applicable.
To the extent the adjustment for current policy of any provision estimated under this subsection exceeds the estimated budgetary effects of that provision, these excess savings shall not be available to offset the costs of any provisions not otherwise eligible for a current policy adjustment under section 936 of this title, and shall not be counted on the PAYGO scorecards established pursuant to subsections (d)(4) and (d)(5).
For provisions eligible for a current policy adjustment under subsections (c) through (f) of section 936 of this title, to the extent the adjustment for current policy of any provision exceeds the estimated budgetary effects of that same provision, the excess savings shall be available only to offset the costs of other provisions that qualify for a current policy adjustment in that same subsection. Each paragraph in section 936(f)(1) of this title shall be considered a separate subsection for purposes of this section.
Estimates of budgetary effects under this subsection shall be consistent with the guidance provided at section 936(h) of this title.
For PAYGO legislation adjusted pursuant to section 936 of this title, the Chairman of the House or Senate Budget Committee, as applicable, shall include in any statement titled “Budgetary Effects of PAYGO Legislation”, submitted for that legislation pursuant to this section, an explanation of the current policy designation and adjustments.
OMB shall maintain and make publicly available a continuously updated document containing two PAYGO scorecards displaying the budgetary effects of PAYGO legislation as determined under section 639 of this title, applying the look-back requirement in subsection (e) and the averaging requirement in subsection (f), and a separate addendum displaying the estimates of the costs of provisions designated in statute as emergency requirements.
Except as provided in paragraph (3), in making the calculations for the PAYGO scorecards, OMB shall use the budgetary effects included by reference in the applicable legislation pursuant to subsection (a).
If a PAYGO Act does not contain a valid reference to its budgetary effects consistent with subsection (a), OMB shall estimate the budgetary effects of that legislation upon its enactment. The OMB estimate shall be based on the approaches to scorekeeping set forth in section 639 of this title, as amended by this title,3
The first scorecard shall display the budgetary effects of PAYGO legislation in each year over the 5-year period beginning in the budget year.
The second scorecard shall display the budgetary effects of PAYGO legislation in each year over the 10-year period beginning in the budget year.
Neither scorecard maintained by OMB pursuant to this subsection shall include net savings from any provisions of legislation titled “Community Living Assistance Services and Supports Act”, which establishes a Federal insurance program for long-term care, if such legislation is enacted into law, or amended, subsequent to
For purposes of this section, OMB shall treat the budgetary effects of PAYGO legislation enacted during a session of Congress that occur during the current year as though they occurred in the budget year.
If a provision of direct spending or revenue legislation in a PAYGO Act is enacted as an emergency requirement that the Congress so designates in statute pursuant to this section, the amounts of new budget authority, outlays, and revenue in all fiscal years resulting from that provision shall be treated as an emergency requirement for the purposes of this Act.
If a PAYGO Act includes a provision expressly designated as an emergency for the purposes of this chapter, the Chair shall put the question of consideration with respect thereto.
When the Senate is considering a PAYGO Act, if a point of order is made by a Senator against an emergency designation in that measure, that provision making such a designation shall be stricken from the measure and may not be offered as an amendment from the floor.
Subparagraph (A) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.
Appeals in the Senate from the decisions of the Chair relating to any provision of this subsection shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection.
For purposes of subparagraph (A), a provision shall be considered an emergency designation if it designates any item as an emergency requirement pursuant to this subsection.
A point of order under subparagraph (A) may be raised by a Senator as provided in section 644(e) of this title.
When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a PAYGO Act, upon a point of order being made by any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report shall be deemed stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order.
If a provision is designated as an emergency requirement under this Act, CBO or OMB, as applicable, shall not include the budgetary effects of such a provision in its estimate of the budgetary effects of that PAYGO legislation.
The Statutory Pay-As-You-Go Act of 2010, referred to in subsec. (a)(1), is title I of Pub. L. 111–139,
This Act, referred to in subsecs. (a)(2)(A)(i), (B)(i) and (g)(1), (4), is Pub. L. 111–139,
This chapter, referred to in subsecs. (c)(1) and (g)(2), was in the original “this title”, meaning title I of Pub. L. 111–139,
As amended by this title, referred to in subsec. (d)(3), means as amended by title I of Pub. L. 111–139.
Legislation titled the “Community Living Assistance Services and Supports Act”, referred to in subsec. (d)(6), was enacted as title VIII of Pub. L. 111–148,
Section is comprised of section 4 of Pub. L. 111–139. Subsec. (b) of section 4 of Pub. L. 111–139 amended section 639 of this title.
Not later than 14 days (excluding weekends and holidays) after Congress adjourns to end a session, OMB shall make publicly available and cause to be printed in the Federal Register an annual PAYGO report. The report shall include an up-to-date document containing the PAYGO scorecards, a description of any current policy adjustments made under section 933(c) of this title, information about emergency legislation (if any) designated under section 933(g) of this title, information about any sequestration if required by subsection (b), and other data and explanations that enhance public understanding of this chapter and actions taken under it.
If the annual report issued at the end of a session of Congress under subsection (a) shows a debit on either PAYGO scorecard for the budget year, OMB shall prepare and the President shall issue and include in that report a sequestration order that, upon issuance, shall reduce budgetary resources of direct spending programs by enough to offset that debit as prescribed in section 935 of this title. If there is a debit on both scorecards, the order shall fully offset the larger of the two debits. OMB shall transmit the order and the report to the House of Representatives and the Senate. If the President issues a sequestration order, the annual report shall contain, for each budget account to be sequestered, estimates of the baseline level of budgetary resources subject to sequestration, the amount of budgetary resources to be sequestered, and the outlay reductions that will occur in the budget year and the subsequent fiscal year because of that sequestration.
This chapter, referred to in subsec. (a), was in the original “this title”, meaning title I of Pub. L. 111–139,
OMB shall calculate the uniform percentage by which the budgetary resources of nonexempt direct spending programs are to be sequestered such that the outlay savings resulting from that sequestration, as calculated under subsection (b), shall offset the budget-year debit, if any, on the applicable PAYGO scorecard. If the uniform percentage calculated under the prior sentence exceeds 4 percent, the Medicare programs described in section 906(d) of this title shall be reduced by 4 percent and the uniform percentage by which the budgetary resources of all other nonexempt direct spending programs are to be sequestered shall be increased, as necessary, so that the sequestration of Medicare and of all other nonexempt direct spending programs together produce the required outlay savings.
Subject to the exemptions set forth in section 11,1
Section 11, referred to in subsec. (a)(2), means section 11 of Pub. L. 111–139, which amended section 905 of this title.
This section shall remain in effect through
Legislation that includes provisions amending or superseding the system for updating payments under subsections (d) and (f) of section 1395w–4 of title 42 shall trigger the current policy adjustment required by this chapter.
Legislation that includes provisions amending the Estate and Gift Tax under subtitle B of title 26 shall trigger the current policy adjustment required by this chapter.
Adjustments made pursuant to this subsection are available for policies affecting the estate and gift tax through only
Legislation that includes provisions extending AMT relief shall trigger the current policy adjustment required by this chapter.
Adjustments made pursuant to this subsection are available for policies affecting the AMT through only
Indexed amounts are assumed to increase in each year by an amount equal to the cost-of-living adjustment determined under section 1(f)(3) of title 26 for the calendar year in which the taxable year begins, determined by substituting “calendar year 2008” for “calendar year 1992” in subparagraph (B) of such section.
For purposes of estimates made pursuant to subsection (e), changes to the AMT shall be estimated as if, on the date of enactment of legislation meeting the criteria in subsection (e)(1), all of the income tax provisions identified in subsection (f)(1) were made permanent.
EGTRRA, referred to in subsecs. (a)(4) and (f)(1)(C), (G), is the Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107–16,
JGTRRA, referred to in subsecs. (a)(4) and (f)(1)(J), (L), is the Jobs and Growth Tax Relief Reconciliation Act of 2003, Pub. L. 108–27,
The Pension Protection Act of 2006, referred to in subsec. (a)(4)(A), is Pub. L. 109–280,
This chapter, referred to in subsecs. (c)(1), (d)(1), (e)(1), and (f)(1), was in the original “this title”, meaning title I of Pub. L. 111–139,
This chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 111–139,
Section 275 of BBEDCA, referred to in par. (1), is section 275 of the Balanced Budget and Emergency Deficit Control Act of 1985, Pub. L. 99–177, which is set out as a note under section 900 of this title.
As amended by this title, referred to in par. (1), means as amended by title I of Pub. L. 111–139.
“This title”, appearing in quotes in par. (2), refers to the references to “this title” in the original in sections 905, 906, 907, and 922 of this title. “This title” appears untranslated in sections 906(h)(1), (j)(1), (3) and 922(a)(2), (3) of this title and translated as “this chapter” following “subchapter I of” in section 922(d) of this title. Those references to “this title” mean title II of Pub. L. 99–177, known as the Balanced Budget and Emergency Deficit Control Act of 1985. See References in Text notes set out under section 906 and 922 of this title.
Nothing in this chapter shall be construed as limiting the authority of the chairmen of the Committees on the Budget of the House and Senate under section 643 of this title. CBO may consult with the Chairmen of the House and Senate Budget Committees to resolve any ambiguities in this chapter.
This chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 111–139,
Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any bill or resolution pursuant to any expedited procedure to consider the recommendations of a Task Force for Responsible Fiscal Action or other commission that contains recommendations with respect to the old-age, survivors, and disability insurance program established under title II of the Social Security Act [42 U.S.C. 401 et seq.], or the taxes received under subchapter A of chapter 9; the taxes imposed by subchapter E of chapter 1; and the taxes collected under section 86 of part II of subchapter B of chapter 1 of the Internal Revenue Code.
This section may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.
An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.
The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Subchapter A of chapter 9 and subchapter E of chapter 1, referred to in subsec. (a), probably mean subchapter A of chapter 9 and subchapter E of chapter 1, respectively, of the Internal Revenue Code of 1939, which were comprised of sections 1400 to 1432 and 480 to 482, respectively, and were repealed (subject to certain exceptions) by section 7851(a)(1)(A), (3) of Title 26, Internal Revenue Code of 1986.
Section 86 of part II of subchapter B of chapter 1 of the Internal Revenue Code, referred to in subsec. (a), probably means section 86 of part II of subchapter B of chapter 1 of the Internal Revenue Code of 1986, which is classified to section 86 of Title 26, Internal Revenue Code.
Section 1001, Pub. L. 100–158, § 1,
Section 1002, Pub. L. 100–158, § 2,
Section 1003, Pub. L. 100–158, § 3,
Section 1004, Pub. L. 100–158, § 4,
Preamble to Pub. L. 100–158 was repealed by Pub. L. 101–483,
Pub. L. 100–458, title I, § 111,
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”.
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.
The Center shall be located at or near Starkville, Mississippi, the location of Mississippi State University.
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.
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).
At the request of the Center, the Secretary of the Treasury shall redeem any obligation issued directly to the fund. Obligations issued to the fund under subsection (b)(2) shall be redeemed at par plus accrued interest. Any other obligations issued directly to the fund shall be redeemed at the market price.
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.
2003—Subsec. (b). Pub. L. 108–7, § 125(1), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows:
“(1) It shall be the duty of the Secretary of the Treasury to invest in full the amounts appropriated to the fund. Such investments may be made only in interest bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired on original issue at the issue price or by purchase of outstanding obligations at the marketplace.
“(2) The purposes for which obligations of the United States may be issued under chapter 31 of title 31 are hereby extended to authorize the issuance at par of special obligations exclusively to the fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest bearing obligations of the United States then forming a part of the public debt, except that when such average rate is not a multiple of one-eighth of one percent, the rate of interest of such special obligations shall be the multiple of one-eighth of one percent next lower than such average rate. Such special obligations shall be issued only if the Secretary determines that the purchase of other interest bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States or original issue or at the market price, is not in the public interest.”
Subsec. (c). Pub. L. 108–7, § 125(2), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “Any obligation acquired by the fund (except special obligations issued exclusively to the fund) may be sold by the Secretary of the Treasury at the market price, and such special obligations may be redeemed at par plus accrued interest.”
1990—Subsec. (d). Pub. L. 101–520 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The interest on, and the proceeds from the sale or redemption of, any obligations held in the fund shall be credited to and form a part of the fund.”
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.
The activities of the Center under this chapter may be audited by the Government Accountability Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. Representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, and files and all other papers, things, or property belonging to or in use by the Center, pertaining to such activities and necessary to facilitate the audit.
2004—Subsec. (b). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in two places.
1990—Subsec. (a). Pub. L. 101–520 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Secretary of the Treasury is authorized to pay to the Center from the interest and earnings of the fund such sums as the Board determines are necessary and appropriate to enable the Center to carry out the provisions of this chapter.”
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.
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
In subsec. (a)(6), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c),
Subsection (b), which required the Center to submit an annual report to Congress on its operations under this chapter, terminated, effective
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 laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
There are authorized to be appropriated such sums as may be necessary to carry out this chapter.
There is appropriated to the fund the sum of $7,500,000 to carry out this chapter.
There is established in the legislative branch of the Government an office to be known as the “Congressional Office for International Leadership” (the “Office”).
The purpose of the Office is to establish, in accordance with the provisions of paragraph (2), a program to enable emerging political and civic leaders of eligible foreign states at all levels of government to gain significant, firsthand exposure to the American free market economic system and the operation of American democratic institutions through visits to governments and communities at comparable levels in the United States and to establish and administer a program to enable cultural leaders of Russia to gain significant, firsthand exposure to the operation of American cultural institutions.
Subject to the provisions of paragraphs (3) and (4), the Office shall establish a program under which the Office annually awards grants to government or community organizations in the United States that seek to establish programs under which those organizations will host nationals of eligible foreign states who are emerging political and civic leaders at any level of government.
The period of stay in the United States for any individual supported with grant funds under the program shall not exceed 30 days.
The number of individuals supported with grant funds under the program shall not exceed 3,500 in any fiscal year.
Each organization in the United States desiring a grant under this section shall submit an application to the Office at such time, in such manner, and accompanied by such information as the Office may reasonably require.
There is established in the Treasury of the United States a trust fund to be known as the “Congressional Office for International Leadership Fund” (the “Fund”), which shall consist of amounts which may be appropriated, credited, or transferred to it under this section.
Any money or other property donated, bequeathed, or devised to the Office under the authority of this section shall be credited to the Fund.
The provisions of subsections (b), (c), and (d) of section 1105 of this title, and the provisions of section 1106(b) of this title, shall apply to the Fund.
The Secretary of the Treasury is authorized to pay to the Office from amounts in the Fund such sums as the Board determines are necessary and appropriate to enable the Office to carry out the provisions of this section.
On behalf of the Board, the Librarian of Congress shall appoint an Executive Director who shall be the chief executive officer of the Office and who shall carry out the functions of the Office subject to the supervision and direction of the Board of Trustees. The Executive Director of the Office shall be compensated at the annual rate specified by the Board, but in no event shall such rate exceed level III of the Executive Schedule under section 5314 of title 5.
The provisions of section 1108 of this title shall apply to the Office.
The Library of Congress may disburse funds appropriated to the Office, compute and disburse the basic pay for all personnel of the Office, provide administrative, legal, financial management, and other appropriate services to the Office, and collect from the Fund the full costs of providing services under this paragraph, as provided under an agreement for services ordered under sections 1535 and 1536 of title 31.
There are authorized to be appropriated such sums as may be necessary to carry out this section.
Any amounts appropriated for use in the program established under section 3011 of the 1999 Emergency Supplemental Appropriations Act (Public Law 106–31; 113 Stat. 93) shall be transferred to the Fund and shall remain available without fiscal year limitation.
This section shall take effect on
Subsection (g) shall only apply to amounts which remain unexpended on and after the date the Board certifies to the Librarian of Congress that grants are ready to be made under the program established under this section.
Section 3011 of the 1999 Emergency Supplemental Appropriations Act, referred to in subsec. (g), is section 3011 of Pub. L. 106–31, which is set out as a note below.
2022—Pub. L. 117–103, § 150(a)(1)(A), substituted “Congressional Office for International Leadership” for “Open World Leadership Center” in section catchline.
Subsec. (a)(1). Pub. L. 117–103, § 150(a)(1)(B), amended par. (1) generally. Prior to amendment, text read as follows: “There is established in the legislative branch of the Government a center to be known as the ‘Open World Leadership Center (the ‘Center’).”
Subsec. (a)(2). Pub. L. 117–103, § 150(a)(1)(C), substituted “The Office” for “The Center” in introductory provisions.
Subsec. (b)(1). Pub. L. 117–103, § 150(a)(2)(A), (b), substituted “the Office” for “the Center” and “political and civic leaders” for “political leaders”.
Subsec. (b)(2). Pub. L. 117–103, § 150(a)(2)(B), (b), substituted “the Office” for “the Center” in two places and “political and civic leaders” for “political leaders”.
Subsec. (b)(3)(C)(iii). Pub. L. 117–103, § 150(a)(2)(C), substituted “the Office” for “the Center”.
Subsec. (b)(4)(A). Pub. L. 117–103, § 150(a)(2)(D), substituted “the Office” for “the Center” in two places.
Subsec. (b)(4)(B)(iv). Pub. L. 117–103, § 150(a)(2)(E), substituted “the Office” for “the Center”.
Subsec. (c)(1). Pub. L. 117–103, § 150(a)(3)(A), amended par. (1) generally. Prior to amendment, text read as follows: “There is established in the Treasury of the United States a trust fund to be known as the ‘Open World Leadership Center Trust Fund’ (the ‘Fund’) which shall consist of amounts which may be appropriated, credited, or transferred to it under this section.”
Subsec. (c)(2), (3)(B). Pub. L. 117–103, § 150(a)(3)(B), substituted “the Office” for “the Center” wherever appearing.
Subsec. (d). Pub. L. 117–103, § 150(a)(4), substituted “the Office” for “the Center” wherever appearing.
Subsec. (e). Pub. L. 117–103, § 150(a)(5), substituted “the Office” for “the Center” wherever appearing.
2009—Subsec. (a)(2)(A). Pub. L. 111–68, § 1601(a)(1), substituted “Members of the House of Representatives” for “members”.
Subsec. (a)(2)(B). Pub. L. 111–68, § 1601(a)(2), substituted “Senators” for “members”.
Subsec. (d). Pub. L. 111–68, § 1601(b), substituted “On behalf of the Board, the Librarian of Congress shall appoint” for “The Board shall appoint”.
2007—Subsec. (a)(2)(E). Pub. L. 109–289, § 20703(d)(6), as added by Pub. L. 110–5, repealed Pub. L. 109–13, § 3402(b), and amended this section to read as if Pub. L. 109–13, § 3402(b), had not been enacted. See 2005 Amendment note below.
2005—Subsec. (a)(2)(E). Pub. L. 109–13, § 3402(b), which substituted “chair of the Committee on Appropriations of the House of Representatives (or another member of such Committee designated by the chair)” for “chair of the Subcommittee on Legislative Branch of the Committee on Appropriations of the House of Representatives”, was repealed by Pub. L. 109–289, § 20703(d)(6), as added by Pub. L. 110–5. See Construction of 2005 Amendment note below.
2004—Subsec. (a)(2). Pub. L. 108–447, § 1502(1), substituted “11 members” for “nine members” in introductory provisions.
Subsec. (a)(2)(E). Pub. L. 108–447, § 1502(2), added subpar. (E).
Subsec. (j)(3). Pub. L. 108–447, § 1501, added par. (3).
2003—Pub. L. 108–7, § 1401(a)(1), substituted “Open World Leadership Center” for “Center for Russian Leadership Development” in section catchline.
Subsec. (a)(1). Pub. L. 108–7, § 1401(a)(2)(A), substituted “a center to be known as the ‘Open World Leadership Center (the ‘Center’)” for “a center to be known as the ‘Center for Russian Leadership Development’ (the ‘Center’)”.
Subsec. (a)(2). Pub. L. 108–7, § 1401(a)(2)(B)(i), inserted “(the ‘Board’)” after “Board of Trustees” in introductory provisions.
Subsec. (a)(2)(D). Pub. L. 108–7, § 1401(a)(2)(B)(ii), substituted “relations between the United States and eligible foreign states” for “United States and Russian relations”.
Subsec. (b)(1). Pub. L. 108–7, § 1401(a)(3)(A), substituted “eligible foreign states” for “Russia” and inserted “and to establish and administer a program to enable cultural leaders of Russia to gain significant, firsthand exposure to the operation of American cultural institutions” before period at end.
Subsec. (b)(2). Pub. L. 108–7, § 1401(a)(3)(B), substituted “nationals of eligible foreign states” for “Russian nationals”.
Subsec. (b)(3)(B). Pub. L. 108–7, § 1401(a)(3)(C)(i), substituted “3,500” for “3,000”.
Subsec. (b)(3)(C)(i). Pub. L. 108–7, § 1401(a)(3)(C)(ii), substituted “an eligible foreign state” for “Russia”.
Subsec. (c)(1). Pub. L. 108–7, § 1401(a)(4)(A), substituted “Open World Leadership Center Trust Fund” for “Russian Leadership Development Center Trust Fund”.
Subsec. (c)(3)(B). Pub. L. 108–7, § 1401(a)(4)(B), struck out “of Trustees of the Center” after “Board”.
Subsec. (h)(2). Pub. L. 108–7, § 1401(a)(5), struck out “of Trustees of the Center” after “Board”.
Subsec. (j). Pub. L. 108–7, § 1401(a)(6), added subsec. (j).
Pub. L. 117–103, div. I, title I, § 150(c),
Pub. L. 117–103, div. I, title I, § 150(d),
Pub. L. 111–68, div. A, title I, § 1601(c),
Pub. L. 108–7, div. H, title I, § 1401(b),
Pub. L. 109–289, div. B, title II, § 20703(d)(6), as added by Pub. L. 110–5, § 2,
Pub. L. 106–31, title III, § 3011,
This section may be cited as the “Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows Program Act of 2008”.
The term “Director” means the head of the Congressional Hunger Center.
The term “Fellowship Programs” means the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program established under subsection (c)(1).
There is established the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program.
The purpose of the Bill Emerson Hunger Fellowship Program is to address hunger and poverty in the United States.
The purpose of the Mickey Leland Hunger Fellowship Program is to address international hunger and other humanitarian needs.
Subject to subparagraph (B), the Secretary shall offer to provide a grant to the Congressional Hunger Center to administer the Fellowship Programs.
The terms of the grant provided under subparagraph (A), including the length of the grant and provisions for the alteration or termination of the grant, shall be determined by the Secretary in accordance with this section.
The Director shall make available Bill Emerson Hunger Fellowships and Mickey Leland Hunger Fellowships in accordance with this subsection.
To carry out subparagraph (A) and assist in the evaluation of the fellowships under paragraph (6), the Director shall, for each fellow, approve a work plan that identifies the target objectives for the fellow in the fellowship, including specific duties and responsibilities relating to those objectives.
A Bill Emerson Hunger Fellowship awarded under this section shall be for not more than 15 months.
A Mickey Leland Hunger Fellowship awarded under this section shall be for not more than 2 years.
Fellowships shall be awarded pursuant to a nationwide competition established by the Director.
Each fellow shall be entitled to receive an end-of-service award at an appropriate rate for each month of satisfactory service completed, as determined by the Director.
An individual awarded a fellowship from the Bill Emerson Hunger Fellowship shall be known as an “Emerson Fellow”.
An individual awarded a fellowship from the Mickey Leland Hunger Fellowship shall be known as a “Leland Fellow”.
Subject to paragraph (2), in carrying out this section, the Director may solicit, accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of facilitating the work of the Fellowship Programs.
Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be used exclusively for the purposes of the Fellowship Programs.
There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section, to remain available until expended.
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
2008—Pub. L. 110–246, § 4401, amended section generally, substituting subsecs. (a) to (g) establishing the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program for former subsecs. (a) to (j) which established the Congressional Hunger Fellows Program.
2007—Subsec. (f)(4)(A). Pub. L. 110–161, which directed that subpar. (A) be amended by substituting “may” for “shall” and striking out “annual.”, was executed by making the substitution and striking out “annual” before “audit”, to reflect the probable intent of Congress.
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Pub. L. 110–234, title IV, § 4407,
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
Pub. L. 107–171, title IV, § 4405,
Section 1201, Pub. L. 102–166, title III, § 301,
Section 1202, Pub. L. 102–166, title III, § 302,
Section 1203, Pub. L. 102–166, title III, § 303,
Section 1204, Pub. L. 102–166, title III, § 304,
Section 1205, Pub. L. 102–166, title III, § 305,
Section 1206, Pub. L. 102–166, title III, § 306,
Section 1207, Pub. L. 102–166, title III, § 307,
Section 1207a, Pub. L. 103–50, ch. XII, § 1205,
Section 1208, Pub. L. 102–166, title III, § 308,
Section 1209, Pub. L. 102–166, title III, § 309,
Section 1210, Pub. L. 102–166, title III, § 310,
Section 1211, Pub. L. 102–166, title III, § 311,
Section 1212, Pub. L. 102–166, title III, § 312,
Section 1213, Pub. L. 102–166, title III, § 313,
Section 1214, Pub. L. 102–166, title III, § 314,
Section 1215, Pub. L. 102–166, title III, § 316,
Section 1216, Pub. L. 102–166, title III, § 317,
Section 1217, Pub. L. 102–166, title III, § 318,
Section 1218, Pub. L. 102–166, title III, § 319,
Pub. L. 104–1, title V, § 504(a)(2), (5),
Section, Pub. L. 102–166, title III, § 303, formerly § 320,
A prior section 303 of Pub. L. 102–166 was classified to section 1203 of this title prior to repeal by Pub. L. 104–1.
Pub. L. 104–331, § 5(b),
Pub. L. 104–331, § 5(c),
Section, Pub. L. 102–166, title III, § 304, formerly § 321,
Section, Pub. L. 102–166, title III, § 322,
Pub. L. 104–1, title V, § 504(a)(2),
Section, Pub. L. 102–166, title III, § 323,
Section 1223, Pub. L. 102–166, title III, § 324,
Section 1224, Pub. L. 102–166, title III, § 325,
Pub. L. 104–1, title V, § 504(a)(2),
The term “Board” means the Board of Directors of the Office of Congressional Workplace Rights.
The term “Chair” means the Chair of the Board of Directors of the Office of Congressional Workplace Rights.
The term “employee” includes an applicant for employment and a former employee.
The term “employee of the Office of the Architect of the Capitol” includes any employee of the Office of the Architect of the Capitol or the Botanic Garden.
The term “employee of the Capitol Police” includes any member or officer of the Capitol Police.
The term “employee of the House of Representatives” includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives, or another official designated by the House of Representatives, or any employment position in an entity that is paid with funds derived from the clerk-hire allowance of the House of Representatives but not any such individual employed by any entity listed in subparagraphs (C) through (K) of paragraph (3).
The term “employee of the Senate” includes any employee whose pay is disbursed by the Secretary of the Senate, but not any such individual employed by any entity listed in subparagraphs (C) through (K) of paragraph (3).
The term “Executive Director” means the Executive Director of the Office of Congressional Workplace Rights.
The term “General Counsel” means the General Counsel of the Office of Congressional Workplace Rights.
The term “Office” means the Office of Congressional Workplace Rights.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–1,
The U.S.–China Relations Act of 2000, referred to in subsec. (b)(3)(B), is div. B of Pub. L. 106–286,
2019—Subsec. (b)(1). Pub. L. 116–94, § 805(b)(1), inserted “the United States Commission on International Religious Freedom,” after “With respect to” in introductory provisions.
Subsec. (b)(2). Pub. L. 116–94, § 805(b)(2), inserted subpar. (A) designation before “Subject to paragraph (3),”, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B).
Subsec. (b)(3)(D). Pub. L. 116–94, § 805(b)(3), added subpar. (D).
2018—Pub. L. 115–397, § 305(a), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Subsec. (a). Pub. L. 115–397, § 308(b)(1)–(7), substituted “Office of Congressional Workplace Rights” for “Office of Compliance” wherever appearing.
Par. (3)(J). Pub. L. 115–141, § 153(a)(1)(A)(i), added subpar. (J). Par. (3)(J) subsequently redesignated subsec. (a)(3)(J).
Subsec. (a)(3)(K). Pub. L. 115–397, § 305(b)(1), added subpar. (K).
Subsec. (a)(7). Pub. L. 115–397, § 305(c), substituted “subparagraphs (C) through (K)” for “subparagraphs (C) through (I)”.
Pub. L. 115–397, § 302(b), substituted “disbursed by the Chief Administrative Officer of the House of Representatives” for “disbursed by the Clerk of the House of Representatives”. Amendment, which was directed to par. (7), was executed to subsec. (a)(7) to reflect the intervening redesignation made by section 305(a) of Pub. L. 115–397. See above.
Subsec. (a)(8). Pub. L. 115–397, § 305(c), substituted “subparagraphs (C) through (K)” for “subparagraphs (C) through (I)”.
Subsec. (a)(9)(D). Pub. L. 115–397, § 305(b)(2), substituted “the Office of Technology Assessment, and the John C. Stennis Center for Public Service Training and Development” for “and the Office of Technology Assessment”.
Par. (9)(E). Pub. L. 115–141, § 153(a)(1)(A)(ii), added subpar. (E). Par. (9)(E) subsequently redesignated subsec. (a)(9)(E).
2010—Par. (9)(D). Pub. L. 111–145 substituted “the United States Capitol Police,” for “the Capitol Police Board,”.
2008—Par. (3)(C). Pub. L. 110–437, § 422(b)(1), substituted “the Office of Congressional Accessibility Services;” for “the Capitol Guide Service;”.
Par. (5). Pub. L. 110–279, which directed substitution of “or the Botanic Garden” for “, the Botanic Garden, or the Senate Restaurant”, was executed by making the substitution for “, the Botanic Garden, or the Senate Restaurants” to reflect the probable intent of Congress.
Par. (9)(D). Pub. L. 110–437, § 422(b)(2), substituted “the Office of Congressional Accessibility Services,” for “the Capitol Guide Board,”.
Pub. L. 115–397, title III, § 305(d),
Amendment by section 308(b) of Pub. L. 115–397 effective
Pub. L. 115–397, title IV, § 401,
Pub. L. 115–141, div. I, title I, § 153(c),
Pub. L. 110–437, title IV, § 422(d),
Amendment by Pub. L. 110–279 effective
Pub. L. 116–283, div. A, title XI, § 1103(a),
Pub. L. 115–397, § 1(a),
Pub. L. 114–6, § 1,
Pub. L. 104–1, § 1(a),
Pub. L. 111–145, § 2(a)(5)(B),
The Board shall review provisions of Federal law (including regulations) relating to (A) the terms and conditions of employment (including hiring, promotion, demotion, termination, salary, wages, overtime compensation, benefits, work assignments or reassignments, grievance and disciplinary procedures, protection from discrimination in personnel actions, occupational health and safety, and family and medical and other leave) of employees, and (B) access to public services and accommodations.
Beginning on
The provisions of this chapter that apply to a violation of section 1311(a)(1) of this title shall be considered to apply to a violation of title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.), consistent with section 207(c) of that Act (42 U.S.C. 2000ff–6(c)).
Nothing in this section limits the provisions of this chapter that apply to a violation of a law described in subparagraph (B).
A law described in this subparagraph is a law (even if not listed in subsection (a) or this subsection) that explicitly applies one or more provisions of this chapter to a violation.
This chapter, referred to in subsecs. (a) and (c), was in the original “this Act”, meaning Pub. L. 104–1,
The Fair Labor Standards Act of 1938, referred to in subsec. (a)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
The Civil Rights Act of 1964, referred to in subsec. (a)(2), is Pub. L. 88–352,
The Americans with Disabilities Act of 1990, referred to in subsec. (a)(3), is Pub. L. 101–336,
The Age Discrimination in Employment Act of 1967, referred to in subsec. (a)(4), is Pub. L. 90–202,
The Family and Medical Leave Act of 1993, referred to in subsec. (a)(5), is Pub. L. 103–3,
The Occupational Safety and Health Act of 1970, referred to in subsec. (a)(6), is Pub. L. 91–596,
The Employee Polygraph Protection Act of 1988, referred to in subsec. (a)(8), is Pub. L. 100–347,
The Worker Adjustment and Retraining Notification Act, referred to in subsec. (a)(9), is Pub. L. 100–379,
The Rehabilitation Act of 1973, referred to in subsec. (a)(10), is Pub. L. 93–112,
The Genetic Information Nondiscrimination Act of 2008, referred to in subsec. (c)(1), is Pub. L. 110–233,
2019—Subsec. (a)(12). Pub. L. 116–92 added par. (12).
2018—Subsec. (c). Pub. L. 115–397 added subsec. (c).
Subsec. (a)(12) of this section, as added by Pub. L. 116–92, effective 2 years after
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on
Nothing in paragraph (1) may be construed to extend liability for a violation of subsection (a) to an employing office on the basis of an action taken by any person who is not under the supervision or control of the employing office.
For purposes of this subsection, the term “intern” means an individual who performs service for an employing office which is uncompensated by the United States to earn credit awarded by an educational institution or to learn a trade or occupation, and includes any individual participating in a page program operated by any House of Congress.
This section shall take effect 1 year after
Section is comprised of section 201 of Pub. L. 104–1. Subsec. (c) of section 201 of Pub. L. 104–1 amended section 633a of Title 29, Labor, and sections 2000e–16 and 12209 of Title 42, The Public Health and Welfare.
2018—Subsecs. (d), (e). Pub. L. 115–397 added subsec. (d) and redesignated former subsec. (d) as (e).
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on
Pub. L. 102–166, title I, § 117,
[Section effective
The rights and protections established by sections 101 through 105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 through 2615) shall apply to covered employees. In applying section 102 of such Act [29 U.S.C. 2612] with respect to leave for an event described in subsection (a)(1)(A) or (B) of such section to covered employees, subsection (d) of this section shall apply. Paragraphs (1) and (4) of section 102(a) of such Act [29 U.S.C. 2612(a)(1), (4)] shall be subject to subsection (d) of this section.
The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appropriate if awarded under paragraph (1) of section 107(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2617(a)(1)).
A covered employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid leave which is available to such employee for that purpose.
Nothing in this section or section 102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)(2)(A)) shall be considered to require or permit an employing office to require that an employee first use all or any portion of the leave described in paragraph (2)(B) before being allowed to use the paid parental leave described in paragraph (2)(A).
The Board shall, pursuant to section 1384 of this title, issue regulations to implement the rights and protections under this section.
The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
Subsections (a) and (b) shall be effective 1 year after
Subsection (c) shall be effective 1 year after transmission to the Congress of the study under section 1371 of this title.
The Family and Medical Leave Act of 1993, referred to in subsec. (a)(2), is Pub. L. 103–3,
Subsection (c) of this section, referred to in subsec. (f)(2), amended section 6381 of Title 5, Government Organization and Employees, and sections 2611 and 2617 of Title 29, Labor.
Section is comprised of section 202 of Pub. L. 104–1. Subsec. (c) of section 202 of Pub. L. 104–1 amended section 6381 of Title 5, Government Organization and Employees, and sections 2611 and 2617 of Title 29, Labor.
2021—Subsec. (d)(2)(B). Pub. L. 116–283 inserted “accrued” before “sick leave”.
2019—Subsec. (a)(1). Pub. L. 116–92, § 7603(a)(1), inserted at end “In applying section 102 of such Act with respect to leave for an event described in subsection (a)(1)(A) or (B) of such section to covered employees, subsection (d) of this section shall apply. Paragraphs (1) and (4) of section 102(a) of such Act shall be subject to subsection (d) of this section.”
Subsec. (a)(2). Pub. L. 116–92, § 7603(b), which directed insertion of “The requirements of subparagraph (B) shall not apply with respect to leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)).” at end of par. (2), was executed by inserting sentence as concluding provisions of par. (2) to reflect the probable intent of Congress.
Subsecs. (d) to (f). Pub. L. 116–92, § 7603(a)(2), (3), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
2004—Subsec. (e)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading.
Pub. L. 116–283, div. A, title XI, § 1103(g)(2),
Pub. L. 116–92, div. F, title LXXVI, § 7603(c),
Pub. L. 116–92, div. F, title LXXVI, § 7605(b),
The rights and protections established by subsections (a)(1) and (d) of section 6, section 7, and section 12(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 207, 212(c)) shall apply to covered employees.
For the purposes of this section, the term “covered employee” does not include an intern as defined in regulations under subsection (c).
Except as provided in regulations under subsection (c)(3) and in subsection (c)(4), covered employees may not receive compensatory time in lieu of overtime compensation.
The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appropriate if awarded under section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)).
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.
Except as provided in paragraph (3), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
The Board shall issue regulations for covered employees whose work schedules directly depend on the schedule of the House of Representatives or the Senate that shall be comparable to the provisions in the Fair Labor Standards Act of 1938 [29 U.S.C. 201 et seq.] that apply to employees who have irregular work schedules.
Law enforcement personnel of the Capitol Police who are subject to the exemption under section 7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)) may elect to receive compensatory time off in lieu of overtime compensation for hours worked in excess of the maximum for their work period.
Subsections (a) and (b) shall be effective 1 year after
The Fair Labor Standards Act of 1938, referred to in subsec. (c)(3), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
Section is comprised of section 203 of Pub. L. 104–1. Subsec. (d) of section 203 of Pub. L. 104–1 amended section 203 of Title 29, Labor.
1996—Subsec. (a)(3). Pub. L. 104–197, § 312(a), inserted “and in subsection (c)(4) of this section” after “subsection (c)(3) of this section”.
Subsec. (c)(4). Pub. L. 104–197, § 312(b), added par. (4).
Pub. L. 101–157, § 8,
No employing office, irrespective of whether a covered employee works in that employing office, may require a covered employee to take a lie detector test where such a test would be prohibited if required by an employer under paragraph (1), (2), or (3) of section 3 of the Employee Polygraph Protection Act of 1988 (29 U.S.C. 2002(1), (2), or (3)). In addition, the waiver provisions of section 6(d) of such Act (29 U.S.C. 2005(d)) shall apply to covered employees.
For purposes of this section, the term “covered employee” shall include employees of the Government Accountability Office and the term “employing office” shall include the Government Accountability Office.
Nothing in this section shall preclude the Capitol Police from using lie detector tests in accordance with regulations under subsection (c).
The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 6(c)(1) of the Employee Polygraph Protection Act of 1988 (29 U.S.C. 2005(c)(1)).
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.
The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
Except as provided in paragraph (2), subsections (a) and (b) shall be effective 1 year after
This section shall be effective with respect to the Government Accountability Office and the Library of Congress 1 year after transmission to the Congress of the study under section 1371 of this title.
2018—Subsec. (a)(2). Pub. L. 115–141 struck out “and the Library of Congress” after “the Government Accountability Office” in two places.
2004—Subsec. (a)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in two places.
Subsec. (d)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and text.
No employing office shall be closed or a mass layoff ordered within the meaning of section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) until the end of a 60-day period after the employing office serves written notice of such prospective closing or layoff to representatives of covered employees or, if there are no representatives, to covered employees.
For purposes of this section, the term “covered employee” shall include employees of the Government Accountability Office and the term “employing office” shall include the Government Accountability Office.
The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under paragraphs (1), (2), and (4) of section 5(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2104(a)(1), (2), and (4)).
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.
The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
Except as provided in paragraph (2), subsections (a) and (b) shall be effective 1 year after
This section shall be effective with respect to the Government Accountability Office and the Library of Congress 1 year after transmission to the Congress of the study under section 1371 of this title.
2018—Subsec. (a)(2). Pub. L. 115–141 struck out “and the Library of Congress” after “the Government Accountability Office” in two places.
2004—Subsec. (a)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in two places.
Subsec. (d)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and text.
The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 4323(d) of title 38.
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.
The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
Except as provided in paragraph (2), subsections (a) and (b) shall be effective 1 year after
This section shall be effective with respect to the Government Accountability Office and the Library of Congress 1 year after transmission to the Congress of the study under section 1371 of this title.
2018—Subsec. (a)(2)(B), (C). Pub. L. 115–141 struck out “and the Library of Congress” after “the Government Accountability Office”.
2010—Subsec. (b). Pub. L. 111–275 substituted “under section 4323(d) of title 38” for “under paragraphs (1), (2)(A), and (3) of section 4323(c) of title 38”.
2004—Subsec. (a)(2)(B), (C). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
Subsec. (d)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and text.
For the purposes of this section, the terms “covered employee” and “Board” shall each have the meaning given such term by section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301).
The rights and protections established under section 2108, sections 3309 through 3312, and subchapter I of chapter 35, of title 5, shall apply to covered employees.
The remedy for a violation of paragraph (2) shall be such remedy as would be appropriate if awarded under applicable provisions of title 5 in the case of a violation of the relevant corresponding provision (referred to in paragraph (2)) of such title.
The procedure for consideration of alleged violations of paragraph (2) shall be the same as apply under section 401 of the Congressional Accountability Act of 1995 [2 U.S.C. 1401] (and the provisions of law referred to therein) in the case of an alleged violation of part A of title II of such Act [2 U.S.C. 1311 et seq.].
The Board shall, pursuant to section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384), issue regulations to implement this section.
The regulations issued under subparagraph (A) shall be the same as the most relevant substantive regulations (applicable with respect to the executive branch) promulgated to implement the statutory provisions referred to in paragraph (2) except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
The regulations issued under subparagraph (A) shall be consistent with section 225 of the Congressional Accountability Act of 1995 (2 U.S.C. 1361).
Paragraphs (2) and (3) shall be effective as of the effective date of the regulations under paragraph (4).
The Congressional Accountability Act of 1995, referred to in par. (3)(B), is Pub. L. 104–1,
Section was enacted as part of the Veterans Employment Opportunities Act of 1998, and not as part of the Congressional Accountability Act of 1995 which comprises this chapter.
In this section, the terms “agency”, “criminal history record information”, and “suspension” have the meanings given the terms in section 9201 of title 5, except as otherwise modified by this section.
Except as provided in subparagraph (B), an employee of an employing office may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section 9202 of title 5 if made by an employee of an agency.
For purposes of applying that section 9202 under subparagraph (A), a reference in that section 9202 to a conditional offer shall be considered to be an offer of employment as a covered employee that is conditioned upon the results of a criminal history inquiry.
The provisions of section 9206 of title 5 shall apply to employing offices, consistent with regulations issued under subsection (d).
The remedy for a violation of subsection (b)(1) shall be such remedy as would be appropriate if awarded under section 9204 of title 5 if the violation had been committed by an employee of an agency, consistent with regulations issued under subsection (d), except that the reference in that section to a suspension shall be considered to be a suspension with the level of compensation provided for a covered employee who is taking unpaid leave under section 1312 of this title.
An applicant for employment as a covered employee who alleges a violation of subsection (b)(1) may rely on the provisions of subchapter IV (other than section 1407 or 1408 of this title, or a provision of this subchapter that permits a person to obtain a civil action or judicial review), consistent with regulations issued under subsection (d).
Not later than 18 months after
The regulations issued under paragraph (1) shall be the same as substantive regulations issued by the Director of the Office of Personnel Management under section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019 1
Section 1302(a)(12) of this title and subsections (a) through (c) shall take effect on the date on which section 9202 of title 5 applies with respect to agencies.
This subchapter, referred to in subsec. (c)(2), was in the original “this title”, meaning title II of Pub. L. 104–1,
Section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019, referred to in subsec. (d)(2), probably means section 1122(b)(1) of Pub. L. 116–92, which relates to regulations and is set out as a note under section 9201 of Title 5, Government Organization and Employees. Section 1122 of Pub. L. 116–92 is the second section of the Fair Chance to Compete for Jobs Act of 2019, which was enacted as subtitle B of title XI of Pub. L. 116–92.
A prior section 207 of Pub. L. 104–1 was renumbered section 208 and is classified to section 1317 of this title.
It shall be unlawful for an employing office to intimidate, take reprisal against, or otherwise discriminate against, any covered employee because the covered employee has opposed any practice made unlawful by this chapter, or because the covered employee has initiated proceedings, made a charge, or testified, assisted, or participated in any manner in a hearing or other proceeding under this chapter.
The remedy available for a violation of subsection (a) shall be such legal or equitable remedy as may be appropriate to redress a violation of subsection (a).
This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 104–1,
The rights and protections against discrimination in the provision of public services and accommodations established by sections 201 through 230, 302, 303, and 309 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131–12150, 12182, 12183, and 12189) shall apply to the entities listed in subsection (a).
For purposes of the application of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) under this section, the term “public entity” means any entity listed in subsection (a) that provides public services, programs, or activities.
The remedy for a violation of subsection (b) shall be such remedy as would be appropriate if awarded under section 203 or 308(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12133, 12188(a)), except that, with respect to any claim of employment discrimination asserted by any covered employee, the exclusive remedy shall be under section 1311 of this title.
A qualified individual with a disability, as defined in section 201(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131(2)), who alleges a violation of subsection (b) by an entity listed in subsection (a), may file a charge against any entity responsible for correcting the violation with the General Counsel within 180 days of the occurrence of the alleged violation. The General Counsel shall investigate the charge.
If, upon investigation under paragraph (1), the General Counsel believes that a violation of subsection (b) may have occurred and that mediation may be helpful in resolving the dispute, the General Counsel may request, but not participate in, mediation under subsections (b) through (d) of section 1403 of this title between the charging individual and any entity responsible for correcting the alleged violation.
If mediation under paragraph (2) has not succeeded in resolving the dispute, and if the General Counsel believes that a violation of subsection (b) may have occurred, the General Counsel may file with the Office a complaint against any entity responsible for correcting the violation. The complaint shall be submitted to a hearing officer for decision pursuant to subsections (b) through (h) of section 1405 of this title and any person who has filed a charge under paragraph (1) may intervene as of right, with the full rights of a party. The decision of the hearing officer shall be subject to review by the Board pursuant to section 1406 of this title.
A charging individual who has intervened under paragraph (3) or any respondent to the complaint, if aggrieved by a final decision of the Board under paragraph (3), may file a petition for review in the United States Court of Appeals for the Federal Circuit, pursuant to section 1407 of this title.
If new appropriated funds are necessary to comply with an order requiring correction of a violation of subsection (b), compliance shall take place as soon as possible, but no later than the fiscal year following the end of the fiscal year in which the order requiring correction becomes final and not subject to further review.
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.
The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Attorney General and the Secretary of Transportation to implement the statutory provisions referred to in subsection (b) except to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
The regulations issued under paragraph (1) shall include a method of identifying, for purposes of this section and for categories of violations of subsection (b), the entity responsible for correction of a particular violation.
On a regular basis, and at least once each Congress, the General Counsel shall inspect the facilities of the entities listed in subsection (a) to ensure compliance with subsection (b).
The period from
The Attorney General, the Secretary of Transportation, and the Architectural and Transportation Barriers Compliance Board may, on request of the Executive Director, detail to the Office such personnel as may be necessary to advise and assist the Office in carrying out its duties under this section.
In this subsection, the term “Library visitor” means an individual who is eligible to bring a claim for a violation under title II or III of the Americans with Disabilities Act of 1990 [42 U.S.C. 12131 et seq., 12181 et seq.] (other than a violation for which the exclusive remedy is under section 1311 of this title) against the Library of Congress.
Subsections (b), (c), and (d) shall be effective on
Subsection (g) shall be effective 1 year after transmission to the Congress of the study under section 1371 of this title.
The Americans with Disabilities Act of 1990, referred to in subsecs. (b)(2) and (h)(1), is Pub. L. 101–336,
Subsection (g), referred to in subsec. (i)(2), amended section 12209 of Title 42.
Section is comprised of section 210 of Pub. L. 104–1. Subsec. (g) of section 210 of Pub. L. 104–1 amended section 12209 of Title 42, The Public Health and Welfare.
2018—Subsec. (a)(9). Pub. L. 115–397, § 308(b)(8), substituted “Office of Congressional Workplace Rights” for “Office of Compliance”.
Subsec. (a)(11). Pub. L. 115–141 added par. (11).
Subsec. (d)(2). Pub. L. 115–397, § 303(b), made technical amendment to reference in original act which appears in text as reference to section 1403 of this title.
Subsecs. (h), (i). Pub. L. 115–397, § 303(a), added subsec. (h) and redesignated former subsec. (h) as (i).
2008—Subsec. (a)(4). Pub. L. 110–437 substituted “the Office of Congressional Accessibility Services;” for “the Capitol Guide Service;”.
Subsec. (a)(7). Pub. L. 110–279 substituted “the Botanic Garden” for “the Senate Restaurants and the Botanic Garden”.
2004—Subsec. (h)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading.
“Government Publishing Office” substituted for “Government Printing Office” in heading of subsec. (h)(2) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Pub. L. 115–397, title III, § 303(c),
Amendment by section 308(b)(8) of Pub. L. 115–397 effective
Except as otherwise provided, amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on
Amendment by Pub. L. 110–437 effective first day of first pay period (applicable to employees transferred under section 2241 of this title) on or after 30 days after
Amendment by Pub. L. 110–279 effective
Each employing office and each covered employee shall comply with the provisions of section 5 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 654).
The remedy for a violation of subsection (a) shall be an order to correct the violation, including such order as would be appropriate if issued under section 13(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 662(a)).
Upon written request of any employing office or covered employee, the General Counsel shall exercise the authorities granted to the Secretary of Labor by subsections (a), (d), (e), and (f) of section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657(a), (d), (e), and (f)) to inspect and investigate places of employment under the jurisdiction of employing offices.
If after issuing a citation or notification, the General Counsel determines that a violation has not been corrected, the General Counsel may file a complaint with the Office against the employing office named in the citation or notification. The complaint shall be submitted to a hearing officer for decision pursuant to subsections (b) through (h) of section 1405 of this title, subject to review by the Board pursuant to section 1406 of this title.
An employing office may request from the Board an order granting a variance from a standard made applicable by this section. For the purposes of this section, the Board shall exercise the authorities granted to the Secretary of Labor in sections 6(b)(6) and 6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)(6) and 655(d)) to act on any employing office’s request for a variance. The Board shall refer the matter to a hearing officer pursuant to subsections (b) through (h) of section 1405 of this title, subject to review by the Board pursuant to section 1406 of this title.
The General Counsel or employing office aggrieved by a final decision of the Board under paragraph (3) or (4), may file a petition for review with the United States Court of Appeals for the Federal Circuit pursuant to section 1407 of this title.
If new appropriated funds are necessary to correct a violation of subsection (a) for which a citation is issued, or to comply with an order requiring correction of such a violation, correction or compliance shall take place as soon as possible, but not later than the end of the fiscal year following the fiscal year in which the citation is issued or the order requiring correction becomes final and not subject to further review.
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.
The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
The regulations issued under paragraph (1) shall include a method of identifying, for purposes of this section and for different categories of violations of subsection (a), the employing office responsible for correction of a particular violation.
On a regular basis, and at least once each Congress, the General Counsel, exercising the same authorities of the Secretary of Labor as under subsection (c)(1), shall conduct periodic inspections of all facilities of the House of Representatives, the Senate, the Office of Congressional Accessibility Services, the Capitol Police, the Congressional Budget Office, the Office of the Architect of the Capitol, the Office of the Attending Physician, the Office of Congressional Workplace Rights, the Office of Technology Assessment, the Library of Congress, and the Government Accountability Office to report on compliance with subsection (a).
If a report identifies any violation of this section, the General Counsel shall issue a citation or notice in accordance with subsection (c)(2)(A).
The Secretary of Labor may, on request of the Executive Director, detail to the Office such personnel as may be necessary to advise and assist the Office in carrying out its duties under this section.
The period from
Except as provided in paragraph (2), subsections (a), (b), (c), and (e)(3) shall be effective on
This section shall be effective with respect to the Government Accountability Office and the Library of Congress 1 year after transmission to the Congress of the study under section 1371 of this title.
The Occupational Safety and Health Act of 1970, referred to in subsec. (a)(2), is Pub. L. 91–596,
2018—Subsec. (a)(2)(C). Pub. L. 115–141, § 153(a)(2)(D)(i), struck out “, the Library of Congress,” after “the Government Accountability Office”.
Subsec. (a)(2)(D). Pub. L. 115–141, § 153(a)(2)(D)(ii), struck out “and the Library of Congress” after “the Government Accountability Office”.
Subsec. (e)(1). Pub. L. 115–397 substituted “Office of Congressional Workplace Rights” for “Office of Compliance”.
2008—Subsec. (e)(1). Pub. L. 110–437 substituted “the Office of Congressional Accessibility Services,” for “the Capitol Guide Service,”.
2004—Subsecs. (a)(2)(C), (D), (e)(1) . Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
Subsec. (g)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and text.
Amendment by Pub. L. 115–397 effective
Amendment by Pub. L. 110–437 effective first day of first pay period (applicable to employees transferred under section 2241 of this title) on or after 30 days after
The rights, protections, and responsibilities established under sections 7102, 7106, 7111 through 7117, 7119 through 7122, and 7131 of title 5 shall apply to employing offices and to covered employees and representatives of those employees.
For purposes of the application under this section of the sections referred to in paragraph (1), the term “agency” shall be deemed to include an employing office.
For purposes of this section, the term “covered employee” does not include an employee of the Library of Congress, and the term “employing office” does not include the Library of Congress.
The remedy for a violation of subsection (a) shall be such remedy, including a remedy under section 7118(a)(7) of title 5, as would be appropriate if awarded by the Federal Labor Relations Authority to remedy a violation of any provision made applicable by subsection (a).
For purposes of this section and except as otherwise provided in this section, the Board shall exercise the authorities of the Federal Labor Relations Authority under sections 7105, 7111, 7112, 7113, 7115, 7117, 7118, and 7122 of title 5 and of the President under section 7103(b) of title 5. For purposes of this section, any petition or other submission that, under chapter 71 of title 5, would be submitted to the Federal Labor Relations Authority shall, if brought under this section, be submitted to the Board. The Board shall refer any matter under this paragraph to a hearing officer for decision pursuant to subsections (b) through (h) of section 1405 of this title, subject to review by the Board pursuant to section 1406 of this title. The Board may direct that the General Counsel carry out the Board’s investigative authorities under this paragraph.
For purposes of this section and except as otherwise provided in this section, the General Counsel shall exercise the authorities of the General Counsel of the Federal Labor Relations Authority under sections 7104 and 7118 of title 5. For purposes of this section, any charge or other submission that, under chapter 71 of title 5, would be submitted to the General Counsel of the Federal Labor Relations Authority shall, if brought under this section, be submitted to the General Counsel. If any person charges an employing office or a labor organization with having engaged in or engaging in an unfair labor practice and makes such charge within 180 days of the occurrence of the alleged unfair labor practice, the General Counsel shall investigate the charge and may file a complaint with the Office. The complaint shall be submitted to a hearing officer for decision pursuant to subsections (b) through (h) of section 1405 of this title, subject to review by the Board pursuant to section 1406 of this title.
Except for matters referred to in paragraphs (1) and (2) of section 7123(a) of title 5, the General Counsel or the respondent to the complaint, if aggrieved by a final decision of the Board under paragraph (1) or (2) of this subsection, may file a petition for judicial review in the United States Court of Appeals for the Federal Circuit pursuant to section 1407 of this title.
For purposes of this section and except as otherwise provided in this section, the Board shall exercise the authorities of the Federal Service Impasses Panel under section 7119 of title 5. For purposes of this section, any request that, under chapter 71 of title 5, would be presented to the Federal Service Impasses Panel shall, if made under this section, be presented to the Board. At the request of the Board, the Executive Director shall appoint a mediator or mediators to perform the functions of the Federal Service Impasses Panel under section 7119 of title 5.
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.
Except as provided in paragraph (2), subsections (a) and (b) shall be effective on
With respect to the offices listed in subsection (e)(2), to the covered employees of such offices, and to representatives of such employees, subsections (a) and (b) shall be effective on the effective date of regulations under subsection (e).
This chapter, referred to in subsec. (e)(1), was in the original “this Act”, meaning Pub. L. 104–1,
2018—Subsec. (a)(2). Pub. L. 115–141, § 153(a)(1)(C)(i), substituted “Application” for “Definition” in heading.
Subsec. (a)(3). Pub. L. 115–141, § 153(a)(1)(C)(ii), added par. (3).
Subsec. (e)(2)(G). Pub. L. 115–397 substituted “Office of Congressional Workplace Rights” for “Office of Compliance”.
Amendment by Pub. L. 115–397 effective
Reference to the Office of the Secretary of the majority or minority conference of the Senate, as applicable, that represents the Democratic party deemed to be a reference to the Office of the Assistant Leader of the applicable conference, under certain conditions during the 117th Congress, see section 104 of div. I of Pub. L. 116–260, set out as a note under section 6154 of this title.
If a covered employee, with respect to any claim under this chapter, or a qualified person with a disability, with respect to any claim under section 1331 of this title, is a prevailing party in any proceeding under section 1405, 1406, 1407, or 1408 of this title, the hearing officer, Board, or court, as the case may be, may award attorney’s fees, expert fees, and any other costs as would be appropriate if awarded under section 2000e–5(k) of title 42.
In any proceeding under section 1405, 1406, 1407, or 1408 of this title, the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under section 2000e–16(d) of title 42.
No civil penalty or punitive damages may be awarded with respect to any claim under this chapter.
Except as provided in paragraph (2), no person may commence an administrative or judicial proceeding to seek a remedy for the rights and protections afforded by this chapter except as provided in this chapter.
A covered employee under section 1316 of this title may also utilize any provisions of chapter 43 of title 38 that are applicable to that employee.
Except where inconsistent with definitions and exemptions provided in this chapter, the definitions and exemptions in the laws made applicable by this chapter shall apply under this chapter.
Notwithstanding paragraph (1), provisions in the laws made applicable under this chapter (other than the Worker Adjustment and Retraining Notification Act [29 U.S.C. 2101 et seq.]) determining coverage based on size, whether expressed in terms of numbers of employees, amount of business transacted, or other measure, shall not apply in determining coverage under this chapter.
This chapter shall not be construed to authorize enforcement by the executive branch of this chapter.
This chapter, referred to in subsecs. (a), (c), (d)(1), and (e), was in the original “this Act”, meaning Pub. L. 104–1,
The Worker Adjustment and Retraining Notification Act, referred to in subsec. (e)(2), is Pub. L. 100–379,
2018—Subsecs. (e), (f). Pub. L. 115–397 redesignated subsec. (f) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: “Only a covered employee who has undertaken and completed the procedures described in sections 1402 and 1403 of this title may be granted a remedy under part A of this subchapter.”
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on
This chapter, referred to in subsec. (a)(1), was in the original “this Act”, meaning Pub. L. 104–1,
The Genetic Information Nondiscrimination Act of 2008, referred to in subsec. (b)(1), is Pub. L. 110–233,
Section effective upon expiration of the 180-day period beginning on
The study under this section shall evaluate whether the rights, protections, and procedures, including administrative and judicial relief, applicable to the entities listed in paragraph (1) of subsection (a) and their employees are comprehensive and effective and shall include recommendations for any improvements in regulations or legislation, including proposed regulatory or legislative language.
The Civil Rights Act of 1964, referred to in subsec. (b)(1), is Pub. L. 88–352,
The Age Discrimination in Employment Act of 1967, referred to in subsec. (b)(2), is Pub. L. 90–202,
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(3), is Pub. L. 101–336,
The Family and Medical Leave Act of 1993, referred to in subsec. (b)(4), is Pub. L. 103–3,
The Fair Labor Standards Act of 1938, referred to in subsec. (b)(5), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
The Occupational Safety and Health Act of 1970, referred to in subsec. (b)(6), is Pub. L. 91–596,
The Rehabilitation Act of 1973, referred to in subsec. (b)(7), is Pub. L. 93–112,
The General Accounting Office Personnel Act of 1980, referred to in subsec. (b)(9), is Pub. L. 96–191,
The Employee Polygraph Protection Act of 1988, referred to in subsec. (b)(10), is Pub. L. 100–347,
The Worker Adjustment and Retraining Notification Act, referred to in subsec. (b)(11), is Pub. L. 100–379,
1995—Subsec. (a). Pub. L. 104–53, § 309(a), substituted “Board” for “Administrative Conference of the United States” in introductory provisions.
Subsec. (d)(1). Pub. L. 104–53, § 309(b), substituted “Board” for “Administrative Conference of the United States” and struck out “and shall submit the study and recommendations to the Board” before semicolon.
General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance.
Government Printing Office redesignated Government Publishing Office. See section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Pub. L. 104–53, title III, § 309(c),
Pub. L. 115–397, title III, § 308(b)(11),
There is established, as an independent office within the legislative branch of the Federal Government, the Office of Congressional Workplace Rights.
The Office shall have a Board of Directors. The Board shall consist of 5 individuals appointed jointly by the Speaker of the House of Representatives, the Majority Leader of the Senate, and the Minority Leaders of the House of Representatives and the Senate, who are authorized to take such steps as they consider appropriate to ensure the timely appointment of the members of the Board consistent with the requirements of this section. Appointments of the first 5 members of the Board shall be completed not later than 90 days after
The Chair shall be appointed from members of the Board jointly by the Speaker of the House of Representatives, the Majority Leader of the Senate, and the Minority Leaders of the House of Representatives and the Senate.
Selection and appointment of members of the Board shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the Office. Members of the Board shall have training or experience in the application of the rights, protections, and remedies under one or more of the laws made applicable under section 1302 of this title.
No individual who engages in, or is otherwise employed in, lobbying of the Congress and who is required under the Federal Regulation of Lobbying Act 1
No member of the Board appointed under subsection (b) may hold or may have held the position of Member of the House of Representatives or Senator, may hold the position of officer or employee of the House of Representatives, Senate, or instrumentality or other entity of the legislative branch (other than the Office), or may have held such a position (other than the position of an officer or employee of the General Accounting Office Personnel Appeals Board,2
A vacancy on the Board shall be filled in the manner in which the original appointment was made.
Except as provided in paragraph (2), membership on the Board shall be for 5 years. A member of the Board may be reappointed, but no individual may serve as a member for more than 2 terms.
A member of the Board may serve after the expiration of that member’s term until a successor has taken office.
In removing a member of the Board, the Speaker of the House of Representatives and the President pro tempore of the Senate shall state in writing to the member of the Board being removed the specific reasons for the removal.
The rate of pay of a member may be prorated based on the portion of the day during which the member is engaged in the performance of Board duties.
Each member of the Board shall receive travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, for each day the member is engaged in the performance of duties away from the home or regular place of business of the member.
The Board and the Office shall be subject to oversight (except with respect to the disposition of individual cases) by the Committee on Rules and Administration and the Committee on Governmental Affairs 2 of the Senate and the Committee on House Oversight 2 of the House of Representatives.
The Office shall be open for business, including receipt of requests for counseling under section 1402 of this title, not later than 1 year after
Members of the Board and officers and employees of the Office shall file the financial disclosure reports required under subchapter I of chapter 131 of title 5 with the Clerk of the House of Representatives.
The Office shall prepare and submit to Congress, and publish on the public website of the Office, an annual report regarding payments from the account described in section 1415(a) of this title that were the result of claims alleging a violation of part A of subchapter II (referred to in this subsection as “covered payments”).
In preparing, submitting, and publishing the reports required under paragraph (1), the Office shall ensure that the identity or position of any claimant is not disclosed.
In carrying out paragraph (3), the Executive Director, in consultation with the Board, may make an appropriate redaction to the data included in the report described in paragraph (1) if the Executive Director, in consultation with the Board, determines that including the data considered for redaction may lead to the identity or position of a claimant unintentionally being disclosed. The report shall note each redaction and include a statement that the redaction was made solely for the purpose of avoiding such an unintentional disclosure of the identity or position of a claimant.
The Executive Director shall retain a copy of the report described in paragraph (1), without redactions.
In this subsection, the term “claimant” means an individual who received an award or settlement, or who made an allegation of a violation against an employing office, under part A of subchapter II.
The Office shall establish and maintain a program for the permanent retention of its records, including the records of preliminary reviews, mediations, hearings, and other proceedings conducted under subchapter IV.
The Federal Regulation of Lobbying Act, referred to in subsec. (d)(2)(A), is title III of act Aug. 2, 1946, ch. 753, 60 Stat. 839, which was classified generally to chapter 8A (§ 261 et seq.) of this title prior to repeal by Pub. L. 104–65, § 11(a),
This chapter, referred to in subsec. (h)(3), was in the original “this Act”, meaning Pub. L. 104–1,
Part A of subchapter II, referred to in subsec. (l)(1)(A), (B)(ii)(II), (5), was in the original “part A of title II”, meaning part A (§§ 201–207) of title II of Pub. L. 104–1,
2022—Subsec. (k). Pub. L. 117–286 substituted “subchapter I of chapter 131 of title 5” for “title I of the Ethics in Government Act of 1978”.
2018—Pub. L. 115–397, § 308(a)(1), substituted “Office of Congressional Workplace Rights” for “Office of Compliance” in section catchline.
Subsec. (a). Pub. L. 115–397, § 308(a)(2), substituted “Office of Congressional Workplace Rights” for “Office of Compliance”.
Subsec. (h)(3). Pub. L. 115–397, § 201(a)(1)(A), substituted “claim” for “complaint” wherever appearing.
Subsec. (l). Pub. L. 115–397, § 201(a)(1)(B), added subsec. (l).
Subsec. (m). Pub. L. 115–397, § 203, added subsec. (m).
2017—Subsec. (b). Pub. L. 115–19, § 1(d), inserted “, who are authorized to take such steps as they consider appropriate to ensure the timely appointment of the members of the Board consistent with the requirements of this section” after “and the Senate”.
Subsec. (e)(3). Pub. L. 115–19, § 1(c), added par. (3).
2014—Subsec. (h)(2). Pub. L. 113–235 substituted “covered employees by the end of each fiscal year” for “the residences of covered employees”.
2007—Subsec. (d)(2)(B). Pub. L. 110–164 substituted “legislative branch (other than the Office),” for “legislative branch,”.
Subsec. (g)(1). Pub. L. 110–161 added par. (1) and struck out heading and text of former par. (1). Text read as follows: “Each member of the Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5 for each day (including travel time) during which such member is engaged in the performance of the duties of the Board. The rate of pay of a member may be prorated based on the portion of the day during which the member is engaged in the performance of Board duties.”
2004—Subsec. (e)(1). Pub. L. 108–349 amended second sentence generally. Prior to amendment, second sentence read as follows: “A member of the Board who is appointed to a term of office of more than 3 years shall only be eligible for appointment for a single term of office.”
General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Pub. L. 115–397, title II, § 201(a)(2),
Pub. L. 115–397, title III, § 308(d),
Except as otherwise provided, amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on
Pub. L. 108–349, § 1(b),
Pub. L. 115–19, § 1(a), (b), “as designated at the time of appointment by the persons specified in section 301(b) of such Act (2 U.S.C. 1381(b)).
Pub. L. 114–6, § 3,
Pub. L. 111–114, § 1,
The Chair, subject to the approval of the Board, shall appoint and may remove an Executive Director. Selection and appointment of the Executive Director shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the Office. The first Executive Director shall be appointed no later than 90 days after the initial appointment of the Board of Directors.
The Executive Director shall be an individual with training or expertise in the application of laws referred to in section 1302(a) of this title.
The disqualifications in section 1381(d)(2) of this title shall apply to the appointment of the Executive Director.
The Chair may fix the compensation of the Executive Director.
The rate of pay for the Executive Director may not exceed the maximum rate of pay in effect under section 4575(f) of this title.
The term of office of the Executive Director shall be not more than 2 terms of 5 years, except that the first Executive Director shall have a single term of 7 years.
The Executive Director shall serve as the chief operating officer of the Office. Except as otherwise specified in this chapter, the Executive Director shall carry out all of the responsibilities of the Office under this chapter.
The Chair, subject to the approval of the Board, shall appoint and may remove a Deputy Executive Director for the Senate and a Deputy Executive Director for the House of Representatives. Selection and appointment of a Deputy Executive Director shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the office. The disqualifications in section 1381(d)(2) of this title shall apply to the appointment of a Deputy Executive Director.
The term of office of a Deputy Executive Director shall be not more than 2 terms of 5 years, except that the first Deputy Executive Directors shall have a single term of 6 years.
The Chair may fix the compensation of the Deputy Executive Directors.
The Deputy Executive Director for the Senate shall recommend to the Board regulations under section 1384(a)(2)(B)(i) of this title, maintain the regulations and all records pertaining to the regulations, and shall assume such other responsibilities as may be delegated by the Executive Director. The Deputy Executive Director for the House of Representatives shall recommend to the Board the regulations under section 1384(a)(2)(B)(ii) of this title, maintain the regulations and all records pertaining to the regulations, and shall assume such other responsibilities as may be delegated by the Executive Director.
The Chair, subject to the approval of the Board, shall appoint a General Counsel. Selection and appointment of the General Counsel shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the Office. The disqualifications in section 1381(d)(2) of this title shall apply to the appointment of a General Counsel.
The Chair may fix the compensation of the General Counsel.
The General Counsel shall appoint, and fix the compensation of, and may remove, such additional attorneys as may be necessary to enable the General Counsel to perform the General Counsel’s duties.
The term of office of the General Counsel shall be not more than 2 terms of 5 years.
In removing the General Counsel, the Speaker of the House of Representatives and the President pro tempore of the Senate shall state in writing to the General Counsel the specific reasons for the removal.
A confidential advisor appointed or designated under paragraph (1) shall offer to provide to covered employees described in paragraph (4) the services described in subparagraph (B), which a covered employee may accept or decline.
Once a covered employee has accepted and received any services offered under this section from a confidential advisor appointed or designated under paragraph (1), any other services requested under this subsection by the covered employee shall be provided, to the extent practicable, by the same confidential advisor.
The Executive Director shall appoint, and fix the compensation of, and may remove, such other additional staff, including hearing officers, but not including attorneys employed in the office of the General Counsel, as may be necessary to enable the Office to perform its duties.
The Executive Director may, with the prior consent of the department or agency of the Federal Government concerned, use on a reimbursable or nonreimbursable basis the services of personnel of any such department or agency, including the services of members or personnel of the Government Accountability Office Personnel Appeals Board.
In carrying out the functions of the Office, the Executive Director may procure the temporary (not to exceed 1 year) or intermittent services of consultants.
This chapter, referred to in subsecs. (a)(4), (c)(3), and (d)(2)(B)(i), (5)(A), (B), was in the original “this Act”, meaning Pub. L. 104–1,
Part A of subchapter II, referred to in subsec. (d)(2)(B), (3)(B), (4)(A), was in the original “part A of title II”, meaning part A (§§ 201–207) of title II of Pub. L. 104–1,
2019—Subsec. (a)(2)(B). Pub. L. 116–94 substituted “the maximum rate of pay in effect under section 4575(f) of this title.” for “the lesser of—
“(i) the highest annual rate of compensation of any officer of the Senate; or
“(ii) the highest annual rate of compensation of any officer of the House of Representatives.”
2018—Subsecs. (d) to (g). Pub. L. 115–397 added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively.
2007—Subsec. (a)(2). Pub. L. 110–161, § 1101(b)(1), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “The Chair may fix the compensation of the Executive Director. The rate of pay for the Executive Director may not exceed the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5.”
Subsec. (a)(3). Pub. L. 110–164, § 2(a)(1), substituted “not more than 2 terms” for “a single term” the first time appearing.
Subsec. (b)(2). Pub. L. 110–164, § 2(a)(2), substituted “not more than 2 terms” for “a single term” the first time appearing.
Subsec. (b)(3). Pub. L. 110–161, § 1101(b)(2), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “The Chair may fix the compensation of the Deputy Executive Directors. The rate of pay for a Deputy Executive Director may not exceed 96 percent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5.”
Subsec. (c)(2). Pub. L. 110–161, § 1101(b)(3), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “The Chair may fix the compensation of the General Counsel. The rate of pay for the General Counsel may not exceed the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5.”
Subsec. (c)(5). Pub. L. 110–164, § 2(a)(3), substituted “not more than 2 terms” for “a single term”.
Subsec. (e). Pub. L. 110–161, § 1101(b)(4), substituted “Government Accountability Office” for “General Accounting Office”.
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on
Pub. L. 110–164, § 2(b),
Pub. L. 109–38, § 1,
The Executive Director shall, subject to the approval of the Board, adopt rules governing the procedures of the Office, including the procedures of hearing officers, which shall be submitted for publication in the Congressional Record. The rules may be amended in the same manner.
The Executive Director shall adopt rules referred to in subsection (a) in accordance with the principles and procedures set forth in section 553 of title 5. The Executive Director shall publish a general notice of proposed rulemaking under section 553(b) of title 5, but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the Executive Director shall transmit such notice to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Before adopting rules, the Executive Director shall provide a comment period of at least 30 days after publication of a general notice of proposed rulemaking. Upon adopting rules, the Executive Director shall transmit notice of such action together with a copy of such rules to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Rules shall be considered issued by the Executive Director as of the date on which they are published in the Congressional Record.
The procedures applicable to the regulations of the Board issued for the implementation of this chapter, which shall include regulations the Board is required to issue under subchapter II (including regulations on the appropriate application of exemptions under the laws made applicable in subchapter II) are as prescribed in this section.
The Board shall publish a general notice of proposed rulemaking under section 553(b) of title 5, but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the Board shall transmit such notice to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Such notice shall set forth the recommendations of the Deputy Director for the Senate in regard to regulations under subsection (a)(2)(B)(i), the recommendations of the Deputy Director for the House of Representatives in regard to regulations under subsection (a)(2)(B)(ii), and the recommendations of the Executive Director for regulations under subsection (a)(2)(B)(iii).
Before adopting regulations, the Board shall provide a comment period of at least 30 days after publication of a general notice of proposed rulemaking.
After considering comments, the Board shall adopt regulations and shall transmit notice of such action together with a copy of such regulations to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal.
The Board shall include a recommendation in the general notice of proposed rulemaking and in the regulations as to whether the regulations should be approved by resolution of the Senate, by resolution of the House of Representatives, by concurrent resolution, or by joint resolution.
Regulations referred to in paragraph (2)(B)(i) of subsection (a) may be approved by the Senate by resolution or by the Congress by concurrent resolution or by joint resolution. Regulations referred to in paragraph (2)(B)(ii) of subsection (a) may be approved by the House of Representatives by resolution or by the Congress by concurrent resolution or by joint resolution. Regulations referred to in paragraph (2)(B)(iii) may be approved by Congress by concurrent resolution or by joint resolution.
Upon receipt of a notice of adoption of regulations under subsection (b)(3), the presiding officers of the House of Representatives and the Senate shall refer such notice, together with a copy of such regulations, to the appropriate committee or committees of the House of Representatives and of the Senate. The purpose of the referral shall be to consider whether such regulations should be approved, and, if so, whether such approval should be by resolution of the House of Representatives or of the Senate, by concurrent resolution or by joint resolution.
The presiding officer of the Senate may refer the notice of issuance of regulations, or any resolution of approval of regulations, to one committee or jointly to more than one committee. If a committee of the Senate acts to report a jointly referred measure, any other committee of the Senate must act within 30 calendar days of continuous session, or be automatically discharged.
In the case of a resolution of the House of Representatives or the Senate or a concurrent resolution referred to in paragraph (1), the matter after the resolving clause shall be the following: “The following regulations issued by the Office of Congressional Workplace Rights on ________ are hereby approved:” (the blank space being appropriately filled in, and the text of the regulations being set forth).
In the case of a joint resolution referred to in paragraph (1), the matter after the resolving clause shall be the following: “The following regulations issued by the Office of Congressional Workplace Rights on ________ are hereby approved and shall have the force and effect of law:” (the blank space being appropriately filled in, and the text of the regulations being set forth).
After approval of regulations under subsection (c), the Board shall submit the regulations to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal.
The date of issuance of regulations shall be the date on which they are published in the Congressional Record under paragraph (1).
Regulations shall become effective not less than 60 days after the regulations are issued, except that the Board may provide for an earlier effective date for good cause found (within the meaning of section 553(d)(3) of title 5) and published with the regulation.
Regulations may be amended in the same manner as is described in this section for the adoption, approval, and issuance of regulations, except that the Board may, in its discretion, dispense with publication of a general notice of proposed rulemaking of minor, technical, or urgent amendments that satisfy the criteria for dispensing with publication of such notice pursuant to section 553(b)(B) of title 5.
Any interested party may petition to the Board for the issuance, amendment, or repeal of a regulation.
This chapter, referred to in subsec. (a)(1) after “implementation of”, was in the original “this Act”, meaning Pub. L. 104–1,
Subchapter II, referred to in subsec. (a)(1), was in the original “title II”, meaning title II of Pub. L. 104–1,
2018—Subsec. (c)(4), (5). Pub. L. 115–397 substituted “Office of Congressional Workplace Rights” for “Office of Compliance”.
Amendment by Pub. L. 115–397 effective
The Executive Director may place orders and enter into agreements for goods and services with the head of any agency, or major organizational unit within an agency, in the legislative or executive branch of the United States in the same manner and to the same extent as agencies are authorized under sections 1535 and 1536 of title 31 to place orders and enter into agreements.
Except for covered employees, witnesses before a hearing officer or the Board in any proceeding under this chapter other than rulemaking shall be paid the same fee and mileage allowances as are paid subpoenaed witnesses in the courts of the United States. Covered employees who are summoned, or are assigned by their employer, to testify in their official capacity or to produce official records in any proceeding under this chapter shall be entitled to travel expenses under subchapter I and section 5751 of chapter 57 of title 5.
This chapter, referred to in subsec. (c), was in the original “this Act”, meaning Pub. L. 104–1,
The Executive Director may, within the limits of available appropriations, dispose of surplus or obsolete personal property by interagency transfer, donation, or discarding.
Pub. L. 111–68, div. A, title I, § 1101(c),
Not later than 60 days after the last day of each semiannual period of a fiscal year, the Executive Director of the Office of Compliance 1
The Executive Director of the Office of Compliance 1 may exclude from any report required by subsection (a) any information the disclosure of which would violate confidentiality policies of the Office of Compliance.1
This section shall apply with respect to the semiannual periods of October 1 through March 31 and April 1 through September 30 of each fiscal year, beginning with fiscal year 2014.
Section was enacted as part of the Legislative Branch Appropriations Act, 2014, and also as part of the Consolidated Appropriations Act, 2014, and not as part of the Congressional Accountability Act of 1995 which comprises this chapter.
Office of Compliance changed, as of
Not later than 1 year after
In each survey conducted under this section, the Office shall survey respondents on attitudes regarding sexual harassment.
The Office shall conduct each survey under this section in accordance with methodologies established by the Office.
Under the methodologies established under paragraph (1), all responses to all portions of the survey shall be anonymous and confidential, and each respondent shall be told throughout the survey that all responses shall be anonymous and confidential.
The Office shall limit the use of any information code or information on the survey form that makes a respondent to the survey, or the respondent’s employing office, individually identifiable.
The Office shall furnish the information obtained from the surveys conducted under this section to the Committee on House Administration of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Rules and Administration of the Senate.
The Office shall carry out this section, including establishment of methodologies and procedures under subsection (c), in consultation with the Committee on House Administration of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Rules and Administration of the Senate.
This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 104–1,
Section effective upon expiration of the 180-day period beginning on
Only a covered employee who has filed a claim timely as provided in section 1402 of this title and who has not submitted a request for a hearing on the claim pursuant to section 1405(a) of this title may, during the period described in paragraph (3), file a civil action in a District Court of the United States with respect to the violation alleged in the claim, as provided in section 1408 of this title.
The period described in this paragraph with respect to a claim is the 70-day period which begins on the date the covered employee files the claim under section 1402 of this title.
Notwithstanding paragraph (3), if a covered employee receives a written notice from the hearing officer under section 1402a(d)(2) of this title that the employee has the right to file a civil action with respect to the claim in accordance with section 1408 of this title, the covered employee may file the civil action not later than 90 days after receiving such written notice.
In the case of an employee of the Office of the Architect of the Capitol or of the Capitol Police, the Office, after receiving a claim filed under section 1402 of this title, may recommend that the employee use the grievance procedures of the Architect of the Capitol or the Capitol Police for resolution of the employee’s grievance for a specific period of time. Any deadline in this chapter relating to a claim for which the employee is using the grievance procedures, that has not already passed by the first day of that specific period, shall be stayed during that specific period.
The term “direct Act” means an Act (other than this Act), or provision of the Revised Statutes, that is specified in section 1311, 1312, or 1313 of this title.
The term “direct provision” means a provision (including a definitional provision) of a direct Act that applies the rights or protections of a direct Act (including rights and protections relating to nonretaliation or noncoercion) to a Library claimant.
The term “Library claimant” means, with respect to a direct provision, an employee of the Library of Congress who is covered by that direct provision.
A Library claimant who initially files a claim for an alleged violation as provided in section 1402 of this title may, at any time before the date that is 10 days after a hearing officer submits the report on the preliminary review of the claim under section 1402a(c) of this title, elect to bring the claim for a proceeding before the corresponding Federal agency under the corresponding direct provision, instead of continuing with the procedures applicable to the claim under this subchapter or filing a civil action in accordance with section 1408 of this title.
A Library claimant who meets the initial deadline under section 1402(d) of this title for filing a claim under this subchapter, or any initial deadline for bringing a claim, complaint, or charge under the applicable direct provision, and then elects to change to alternative procedures as described in paragraph (2) or (3)(B), shall be considered to meet any initial deadline for the alternative procedures.
This subsection shall take effect and shall apply as described in section 153(c) of the Legislative Branch Appropriations Act, 2018 (Public Law 115–141) (except to the extent such section applies to any violation of section 1331 of this title or a provision of an Act specified in section 1331 of this title).
Nothing in this chapter may be construed to limit the authority of any individual (including a covered employee, the head of an employing office, or an individual who is alleged to have committed personally an act which consists of a violation of part A of subchapter II) to retain counsel to protect the interests of the individual at any point during any of the procedures provided under this title for the consideration of an alleged violation of part A of subchapter II, including as provided under section 1415(d)(8) of this title with respect to individuals subject to a reimbursement requirement of section 1415(d) of this title.
Nothing in this chapter shall be construed to supersede or limit section 1361(d)(2) of this title.
Part A of subchapter II, referred to in subsecs. (a) and (e), was in the original “part A of title II”, meaning part A (§§ 201–207) of title II of Pub. L. 104–1,
This chapter, referred to in subsecs. (c), (d)(1)(A), (2), (e), and (g), was in the original “this Act”, meaning Pub. L. 104–1,
Section 153(c) of the Legislative Branch Appropriations Act, 2018, referred to in subsec. (d)(5), is Pub. L. 115–141, div. I, title I, § 153(c),
2018—Pub. L. 115–397 amended section generally. Prior to amendment, section related to procedure for consideration of alleged violations, consisting of three pars.
Par. (3). Pub. L. 115–141, § 153(b)(1)(A), struck out “either” after “section 1404 of this title, of” in introductory provisions.
Par. (3)(C). Pub. L. 115–141, § 153(b)(1)(B)–(D), added subpar. (C).
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on
To commence a proceeding under this subchapter, a covered employee alleging a violation of law made applicable under part A of subchapter II shall file a claim with the Office. The Office shall not accept a claim which is filed after the deadline applicable under subsection (d).
The claim filed under this section shall be made in writing under oath or affirmation, shall describe the facts that form the basis of the claim and the violation that is being alleged, shall identify the employing office alleged to have committed the violation or in which the violation is alleged to have occurred, and shall be in such form as the Office requires.
Upon the filing of a claim by a covered employee under subsection (a), the Office shall take such steps as may be necessary for the initial intake and recording of the claim, including providing each party with all relevant information with respect to the rights of the party under this chapter, and shall transmit immediately a copy of the claim to the head of the employing office and the designated representative of that office.
In the case of a claim alleging a violation described in subparagraph (B) which consists of a violation described in section 1415(d)(1)(A) of this title by an individual, upon the filing of the claim under subsection (a), the Office shall notify immediately such individual of the claim, the possibility that the individual may be required to reimburse the account described in section 1415(a) of this title for the reimbursable portion of any award or settlement in connection with the claim, and the right of the individual under section 1415(d)(8) of this title to intervene in any mediation, hearing, or civil action under this subchapter with respect to the claim.
The Office shall establish and operate a secure electronic reporting system through which a covered employee may initiate a proceeding under this subchapter, and which will keep an electronic record of the date and time at which the proceeding is initiated and will track all subsequent actions or proceedings occurring with respect to the proceeding under this subchapter.
The system shall be accessible to all parties to such actions or proceedings, but only until the completion of such actions or proceedings.
The Office shall use the information contained in the system to make regular assessments of the effectiveness of the procedures under this subchapter in providing for the timely resolution of claims, and shall submit semi-annual reports on such assessments each year to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate.
A covered employee may not file a claim under this section with respect to an allegation of a violation of law after the expiration of the 180-day period which begins on the date of the alleged violation.
Part A of subchapter II, referred to in subsec. (a)(1), (3)(B), was in the original “part A of title II”, meaning part A (§§ 201–207) of title II of Pub. L. 104–1,
This chapter, referred to in subsecs. (a)(3)(A) and (b)(1), was in the original “this Act”, meaning Pub. L. 104–1,
2018—Pub. L. 115–397 amended section generally. Prior to amendment, section related to counseling prior to commencing a proceeding.
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on
Not later than 7 days after transmission to the employing office of a claim pursuant to section 1402(b) of this title, the Executive Director shall appoint a hearing officer to conduct a preliminary review of the claim.
The Executive Director shall appoint a hearing officer under this subsection in the same manner and in accordance with the same requirements and procedures applicable to the appointment of a hearing officer under section 1405(c) of this title.
Not later than 30 days after a claim is filed under section 1402 of this title, the hearing officer shall submit to the individual filing the claim and the office which is the subject of the claim a report on the preliminary review conducted under this section, and shall include in the report the hearing officer’s determination as to whether the individual is a covered employee who has stated a claim for which relief may be granted under this subchapter (as described in paragraph (6) of subsection (b)). The submission of the report shall conclude the preliminary review.
The hearing officer may (upon notice to the individual filing the claim and the employing office which is the subject of the claim) use an additional period of not to exceed 30 days to conclude the preliminary review.
This chapter, referred to in subsec. (b)(2), was in the original “this Act”, meaning Pub. L. 104–1,
A prior section 403 of Pub. L. 104–1 was renumbered section 404 and is classified to section 1403 of this title.
Section effective upon expiration of the 180-day period beginning on
Upon receipt of a claim under section 1402 of this title, the Office shall notify the covered employee who filed the claim about the process for mediation under this section and the deadlines applicable to such mediation.
Upon transmission to the employing office of the claim pursuant to section 1402(b) of this title, the Office shall notify the employing office about the process for mediation under this section and the deadlines applicable to such mediation.
During the period described in subparagraph (B), either the covered employee who filed a claim under section 1402 of this title or the employing office named in the claim may file a request for mediation with the Office, which shall promptly notify the other party. If the other party agrees to the request, the Office shall promptly assign a mediator to the claim, and conduct mediation under this section.
A covered employee or an employing office may file a request for mediation under subparagraph (A) during the period beginning on the date that the covered employee or employing office, respectively, receives a notification under paragraph (1) regarding a claim under section 1402 of this title and ending on the date on which a hearing officer issues a written decision relating to the claim under section 1405(g) of this title or the covered employee files a civil action with respect to the claim in accordance with section 1408 of this title, as applicable.
The failure of a party to request mediation under this section with respect to a claim, or the failure of a party to agree to a request for mediation under this section, may not be taken into consideration under any procedure under this title with respect to the claim, including a preliminary review under section 1402a of this title, a formal hearing under section 1405 of this title, or a civil action under section 1408 of this title.
The mediation period shall be 30 days, beginning on the first day after the second party agrees to the request for the mediation. The mediation period may be extended for one additional period of 30 days at the joint request of the covered employee and employing office. Any deadline in this chapter relating to a claim for which mediation has been agreed to in this section, that has not already passed by the first day of the mediation period, shall be stayed during the mediation period. The Office shall notify in writing the covered employee and the employing office when the mediation period has ended.
No individual, who is appointed by the Executive Director to mediate, may conduct or aid in a hearing conducted under section 1405 of this title with respect to the same matter or shall be subject to subpoena or any other compulsory process with respect to the same matter.
The Executive Director shall develop and maintain a master list of individuals who are experienced in adjudicating, arbitrating, or mediating the kinds of personnel and other matters for which mediation may be held under this section. Such list may include, but not be limited to, members of the bar of a State or the District of Columbia and retired judges of the United States courts.
In developing the master list under this subsection, the Executive Director shall consider candidates recommended by the Federal Mediation and Conciliation Service or the Administrative Conference of the United States.
This chapter, referred to in subsec. (c), was in the original “this Act”, meaning Pub. L. 104–1,
A prior section 404 of Pub. L. 104–1 was classified to section 1404 of this title, prior to repeal by Pub. L. 115–397, title I, § 101(c)(1),
2018—Subsec. (a). Pub. L. 115–397, § 104(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “Not later than 15 days after receipt by the employee of notice of the end of the counseling period under section 1402 of this title, but prior to and as a condition of making an election under section 1404 of this title, the covered employee who alleged a violation of a law shall file a request for mediation with the Office.”
Subsec. (b)(2). Pub. L. 115–397, § 104(b), substituted “meetings with the parties during which, at the request of any of the parties, the parties shall be separated,” for “meetings with the parties separately or jointly”.
Subsec. (c). Pub. L. 115–397, § 104(c), substituted “The mediation period shall be 30 days, beginning on the first day after the second party agrees to the request for the mediation. The mediation period may be extended for one additional period of 30 days at the joint request of the covered employee and employing office. Any deadline in this chapter relating to a claim for which mediation has been agreed to in this section, that has not already passed by the first day of the mediation period, shall be stayed during the mediation period.” for “The mediation period shall be 30 days beginning on the date the request for mediation is received. The mediation period may be extended for additional periods at the joint request of the covered employee and the employing office.”
2015—Subsec. (b)(1). Pub. L. 114–6, § 2(a)(1), substituted “from the master list developed and maintained under subsection (e)” for “after considering recommendations by organizations composed primarily of individuals experienced in adjudicating or arbitrating personnel matters”.
Subsec. (e). Pub. L. 114–6, § 2(a)(2), added subsec. (e).
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on
Pub. L. 114–6, § 2(d),
Section, Pub. L. 104–1, title IV, § 404,
If, not later than 10 days after a hearing officer submits the report on the preliminary review of a claim under section 1402a(c) of this title, a covered employee submits a request to the Executive Director for a hearing under this section, the Executive Director shall appoint an independent hearing officer pursuant to subsection (c) to consider the claim and render a decision, and a hearing shall be commenced in the Office.
A hearing officer may dismiss any claim that the hearing officer finds to be frivolous or that fails to state a claim upon which relief may be granted.
Upon the filing of a request for a hearing under subsection (a), the Executive Director shall appoint an independent hearing officer to consider the request for a hearing under subsection (a) and render a decision. No Member of the House of Representatives, Senator, officer of either the House of Representatives or the Senate, head of an employing office, member of the Board, or covered employee may be appointed to be a hearing officer. The Executive Director shall select hearing officers on a rotational or random basis from the lists developed under paragraph (2). Nothing in this section shall prevent the appointment of hearing officers as full-time employees of the Office or the selection of hearing officers on the basis of specialized expertise needed for particular matters.
The Executive Director may not appoint a hearing officer to conduct a hearing under this section with respect to a claim if the hearing officer conducted the preliminary review with respect to the claim under section 1402a of this title.
Reasonable prehearing discovery may be permitted at the discretion of the hearing officer.
At the request of a party, a hearing officer may issue subpoenas for the attendance of witnesses and for the production of correspondence, books, papers, documents, and other records. The attendance of witnesses and the production of records may be required from any place within the United States. Subpoenas shall be served in the manner provided under rule 45(b) of the Federal Rules of Civil Procedure.
If a person refuses, on the basis of relevance, privilege, or other objection, to testify in response to a question or to produce records in connection with a proceeding before a hearing officer, the hearing officer shall rule on the objection. At the request of the witness or any party, the hearing officer shall (or on the hearing officer’s own initiative, the hearing officer may) refer the ruling to the Board for review.
If a person fails to comply with a subpoena, the Board may authorize the General Counsel to apply, in the name of the Office, to an appropriate United States district court for an order requiring that person to appear before the hearing officer to give testimony or produce records. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey a lawful order of the district court issued pursuant to this section may be held by such court to be a civil contempt thereof.
Process in an action or contempt proceeding pursuant to subparagraph (A) may be served in any judicial district in which the person refusing or failing to comply, or threatening to refuse or not to comply, resides, transacts business, or may be found, and subpoenas for witnesses who are required to attend such proceedings may run into any other district.
The hearing officer shall issue a written decision as expeditiously as possible, but in no case more than 90 days after the conclusion of the hearing. The written decision shall be transmitted by the Office to the parties. The decision shall state the issues raised in the claim, describe the evidence in the record, contain findings of fact and conclusions of law, contain a determination of whether a violation has occurred, and order such remedies as are appropriate pursuant to subchapter II. The decision shall be entered in the records of the Office. If a decision is not appealed under section 1406 of this title to the Board, the decision shall be considered the final decision of the Office.
A hearing officer who conducts a hearing under this section shall be guided by judicial decisions under the laws made applicable by section 1302 of this title and by Board decisions under this chapter.
This chapter, referred to in subsecs. (c)(2)(A), (d)(3), and (h), was in the original “this Act”, meaning Pub. L. 104–1,
Rule 45(b) of the Federal Rules of Civil Procedure, referred to in subsec. (f)(1), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Subchapter II, referred to in subsec. (g), was in the original “title II”, meaning title II of Pub. L. 104–1,
2018—Pub. L. 115–397, § 103(e)(1), struck out “Complaint and” before “Hearing” in section catchline.
Subsec. (a). Pub. L. 115–397, § 103(b), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to filing complaints by covered employees after completion of mediation under former section 1403 of this title.
Subsec. (c)(1). Pub. L. 115–397, § 103(e)(2), which directed substitution of “request for a hearing under subsection (a)” for “complaint”, was executed by making the substitution both places it appeared, to reflect the probable intent of Congress.
Subsec. (c)(3). Pub. L. 115–397, § 103(c), added par. (3).
Subsec. (d). Pub. L. 115–397, § 103(e)(3), substituted “claim” for “complaint” in introductory provisions.
Subsec. (d)(2). Pub. L. 115–397, § 103(d), added par. (2) and struck out former par. (2) which read as follows: “commenced no later than 60 days after filing of the complaint under subsection (a), except that the Office may, for good cause, extend up to an additional 30 days the time for commencing a hearing; and”.
Subsec. (g). Pub. L. 115–397, § 103(e)(4), substituted “claim” for “complaint”.
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on
Any party aggrieved by the decision of a hearing officer under section 1405(g) of this title may file a petition for review by the Board not later than 30 days after entry of the decision in the records of the Office.
The parties to the hearing upon which the decision of the hearing officer was made shall have a reasonable opportunity to be heard, through written submission and, in the discretion of the Board, through oral argument.
In making determinations under subsection (c), the Board shall review the whole record, or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
The Board shall issue a written decision setting forth the reasons for its decision. The decision may affirm, reverse, or remand to the hearing officer for further proceedings. A decision that does not require further proceedings before a hearing officer shall be entered in the records of the Office as a final decision.
The United States Court of Appeals for the Federal Circuit shall have jurisdiction over any petition of the General Counsel, filed in the name of the Office and at the direction of the Board, to enforce a final decision under section 1405(g) or 1406(e) of this title with respect to a violation of part A, B, C, or D of subchapter II.
Any party that participated in the proceedings before the Board under section 1406 of this title and that was not made respondent under paragraph (1) may intervene as of right.
In making determinations under subsection (d), the court shall review the whole record, or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
Parts A, B, C, and D of subchapter II, referred to in subsec. (a), were in the original references to parts A (§§ 201–207), B (§ 210), C (§ 215), and D (§ 220), respectively, of title II of Pub. L. 104–1,
The district courts of the United States shall have jurisdiction over any civil action commenced under section 1401 of this title and this section by a covered employee.
The defendant shall be the employing office alleged to have committed the violation, or in which the violation is alleged to have occurred.
Any party may demand a jury trial where a jury trial would be available in an action against a private defendant under the relevant law made applicable by this chapter. In any case in which a violation of section 1311 of this title is alleged, the court shall not inform the jury of the maximum amount of compensatory damages available under section 1311(b)(1) or 1311(b)(3) of this title.
The House Employment Counsel of the House of Representatives and any other counsel in the Office of House Employment Counsel of the House of Representatives, including any counsel specially retained by the Office of House Employment Counsel, shall be entitled, for the purpose of providing legal assistance and representation to employing offices of the House of Representatives under this chapter, to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof without compliance with any requirements for admission to practice before such court, except that the authorization conferred by this paragraph shall not apply with respect to the admission of any such person to practice before the United States Supreme Court.
This chapter, referred to in subsecs. (c) and (d)(1), was in the original “this Act”, meaning Pub. L. 104–1,
2018—Subsec. (a). Pub. L. 115–397 substituted “section 1401 of this title” for “section 1404 of this title” and struck out “who has completed counseling under section 1402 of this title and mediation under section 1403 of this title. A civil action may be commenced by a covered employee only to seek redress for a violation for which the employee has completed counseling and mediation” after “covered employee”.
2001—Subsec. (d). Pub. L. 107–68 added subsec. (d).
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on
Pub. L. 107–68, title I, § 119(b),
In any proceeding brought under section 1407 or 1408 of this title in which the application of a regulation issued under this chapter is at issue, the court may review the validity of the regulation in accordance with the provisions of subparagraphs (A) through (D) of section 706(2) of title 5, except that with respect to regulations approved by a joint resolution under section 1384(c) of this title, only the provisions of section 706(2)(B) of title 5 shall apply. If the court determines that the regulation is invalid, the court shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provisions with respect to which the invalid regulation was issued. Except as provided in this section, the validity of regulations issued under this chapter is not subject to judicial review.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–1,
Except as expressly authorized by sections 1407, 1408, and 1409 of this title, the compliance or noncompliance with the provisions of this chapter and any action taken pursuant to this chapter shall not be subject to judicial review.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–1,
In any proceeding under section 1405, 1406, 1407, or 1408 of this title, except a proceeding to enforce section 1351 of this title with respect to offices listed under section 1351(e)(2) of this title, if the Board has not issued a regulation on a matter for which this chapter requires a regulation to be issued, the hearing officer, Board, or court, as the case may be, shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provision at issue in the proceeding.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–1,
An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order of a court upon the constitutionality of any provision of this chapter.
The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal referred to in subsection (a), advance the appeal on the docket, and expedite the appeal to the greatest extent possible.
This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 104–1,
The authorization to bring judicial proceedings under sections 1405(f)(3), 1407, and 1408 of this title shall not constitute a waiver of sovereign immunity for any other purpose, or of the privileges of any Senator or Member of the House of Representatives under article I, section 6, clause 1, of the Constitution, or a waiver of any power of either the Senate or the House of Representatives under the Constitution, including under article I, section 5, clause 3, or under the rules of either House relating to records and information within its jurisdiction.
Any settlement entered into by the parties to a process described in section 1331, 1341, 1351, or 1401 of this title shall be in writing and not become effective unless it is approved by the Executive Director. Nothing in this chapter shall affect the power of the Senate and the House of Representatives, respectively, to establish rules governing the process by which a settlement may be entered into by such House or by any employing office of such House.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–1,
2018—Pub. L. 115–397 struck out “of complaints” after “Settlement” in section catchline.
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on
Except as provided in subsection (c), only funds which are appropriated to an account of the Office in the Treasury of the United States for the payment of awards and settlements may be used for the payment of awards and settlements under this chapter. There are appropriated for such account such sums as may be necessary to pay such awards and settlements. Funds in the account are not available for awards and settlements involving the Government Accountability Office or the Government Publishing Office.
Except as provided in subsection (c), there are authorized to be appropriated such sums as may be necessary for administrative, personnel, and similar expenses of employing offices which are needed to comply with this chapter.
Funds to correct violations of section 1311(a)(3), 1331, or 1341 of this title may be paid only from funds appropriated to the employing office or entity responsible for correcting such violations. There are authorized to be appropriated such sums as may be necessary for such funds.
Subject to subparagraphs (B) and (D), if a payment is made from the account described in subsection (a) for an award or settlement in connection with a claim alleging a violation described in subparagraph (C) committed personally by an individual who, at the time of committing the violation, was a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or a Senator, the individual shall reimburse the account for the amount of the award or settlement for the claim involved.
In the case of an award made pursuant to a decision of a hearing officer under section 1405 of this title, or a court in a civil action, subparagraph (A) shall apply only if the hearing officer or court makes a separate finding that a violation described in subparagraph (C) occurred which was committed personally by an individual who, at the time of committing the violation, was a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or a Senator, and such individual shall reimburse the account for the amount of compensatory damages included in the award as would be available if awarded under section 1981a(b)(3) of title 42 irrespective of the size of the employing office. In the case of a settlement for a claim described in section 1416(d)(3) of this title, subparagraph (A) shall apply only if the conditions specified in section 1416(d)(3) of this title for requesting reimbursement are met.
For purposes of carrying out subparagraph (B), the applicable Committee shall establish a timetable and procedures for the withholding of amounts from the compensation of an individual who is a Member of the House of Representatives or a Senator.
The payroll administrator shall withhold from an individual’s compensation and transfer to the account described in subsection (a) (after making any deposit required under section 8432(f) of title 5) such amounts as may be necessary to reimburse the account described in subsection (a) for the reimbursable portion of the award or settlement described in paragraph (1) if the individual has not reimbursed the account as required under paragraph (1) prior to the expiration of the 90-day period which begins on the date a payment is made from the account for such an award or settlement.
If, by the expiration of the 180-day period that begins on the date a payment is made from the account described in subsection (a) for an award or settlement described in paragraph (1), an individual who is subject to a reimbursement requirement of this subsection has not reimbursed the account for the entire reimbursable portion as required under paragraph (1), withholding and transfers of amounts shall continue under paragraph (2) if the individual remains employed in the same position, and the Executive Director of the Federal Retirement Thrift Investment Board shall make a transfer described in subparagraph (B).
Notwithstanding section 8435 of title 5, the Executive Director described in subparagraph (A) shall make the transfer under subparagraph (A) upon receipt of a written request to the Executive Director from the Secretary of the Treasury, in the form and manner required by the Executive Director.
The payroll administrator and the Executive Director described in subparagraph (A) shall carry out this paragraph in a manner that ensures the coordination of the withholding and transferring of amounts under this paragraph, in accordance with regulations promulgated by the Board under section 1383 of this title and such Executive Director.
On the expiration of that 270-day period, the amount of the reimbursable portion of an award or settlement described in paragraph (1) (reduced by any amount the individual has reimbursed, taking into account any amounts withheld or transferred under paragraph (2) or (3)) shall be treated as a claim of the United States and transferred to the Secretary of the Treasury for collection. Upon that transfer, the Secretary of the Treasury shall collect the claim, in accordance with section 3711 of title 31, including by administrative wage garnishment of the wages of the individual described in subparagraph (A) from the position described in subparagraph (A)(iii). The Secretary of the Treasury shall transfer the collected amount to the account described in subsection (a).
The Director of the Office of Personnel Management and the Secretary of the Treasury shall carry out paragraph (5) in a manner that ensures the coordination of the withholding and transferring of amounts under such paragraph, in accordance with regulations promulgated by the Director and the Secretary.
An individual who is subject to a reimbursement requirement of this subsection shall have the unconditional right to intervene in any mediation, hearing, or civil action under this subchapter to protect the interests of the individual in the determination of whether an award or settlement described in paragraph (1) should be made, and the amount of any such award or settlement, except that nothing in this paragraph may be construed to require the covered employee who filed the claim to be deposed by counsel for the individual in a deposition that is separate from any other deposition taken from the employee in connection with the hearing or civil action.
The term “non-Federal position” means a position other than the position of an employee, as defined in section 2105(a) of title 5.
As soon as practicable after the Executive Director is made aware that a payment of an award or settlement under this chapter has been made from the account described in subsection (a) in connection with a claim alleging a violation of section 1311(a) or 1316(a) of this title by an employing office (other than an employing office of the House of Representatives or an employing office of the Senate), the Executive Director shall notify the head of the employing office that the payment has been made, and shall include in the notification a statement of the amount of the payment.
Not later than 180 days after receiving a notification from the Executive Director under paragraph (1), the head of the employing office involved shall transfer to the account described in subsection (a), out of any funds available for operating expenses of the office, a payment equal to the amount specified in the notification.
The head of an employing office shall transfer a payment under paragraph (2) in accordance with such timetable and procedures as may be established under regulations promulgated by the Office.
This chapter, referred to in subsecs. (a), (b), (d)(1)(D), and (e)(1), was in the original “this Act”, meaning Pub. L. 104–1,
The Social Security Act, referred to in subsec. (d)(5)(B)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
2018—Subsec. (a). Pub. L. 115–141 substituted “or” for comma after “Government Accountability Office” and struck out “, or the Library of Congress” before period at end.
Subsec. (d). Pub. L. 115–397, § 111(a), added subsec. (d).
Subsec. (e). Pub. L. 115–397, § 115(a), added subsec. (e).
2014—Subsec. (a). Pub. L. 113–76 substituted “There are appropriated for such account such sums as may be necessary to pay such awards and settlements.” for “There are authorized to be appropriated for such account such sums as may be necessary to pay such awards and settlements.”
2004—Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
“Government Publishing Office” substituted for “Government Printing Office” in subsec. (a) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Pub. L. 115–397, title I, § 111(c),
Pub. L. 115–397, title I, § 115(b),
Pub. L. 113–76, div. I, title I, § 1101(b),
All information discussed or disclosed in the course of any mediation shall be strictly confidential, and the Executive Director shall notify each person participating in the mediation of the confidentiality requirement and of the sanctions applicable to any person who violates the confidentiality requirement.
Except as provided in subsections (c), (d), and (e), all proceedings and deliberations of hearing officers and the Board, including any related records, shall be confidential. This subsection shall not apply to proceedings under section 1341 of this title, but shall apply to the deliberations of hearing officers and the Board under that section. The Executive Director shall notify each person participating in a proceeding or deliberation to which this subsection applies of the requirements of this subsection and of the sanctions applicable to any person who violates the requirements of this subsection.
The records of hearing officers and the Board may be made public if required for the purpose of judicial review under section 1407 of this title.
If the Executive Director refers a claim to a Committee under paragraph (1), the Executive Director shall provide the Committee with access to the records of any preliminary reviews, hearings, or decisions of the hearing officers and the Board under this chapter, and any information relating to an award or settlement paid, in response to such claim.
If a Committee to which a claim is referred under paragraph (1) issues a report with respect to the claim, the Committee shall ensure that the report does not directly disclose the identity or position of the individual who filed the claim.
The report including any such redaction shall note each redaction and include a statement that the redaction was made solely for the purpose of avoiding such an unintentional disclosure of the identity or position of a claimant.
The Committee making a redaction in accordance with this paragraph shall retain a copy of the report, without a redaction.
In this subsection, the term “senior staff” means any individual who, at the time a violation occurred, was required to file a report under title I of the Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.).1
A final decision entered under section 1405(g) or 1406(e) of this title shall be made public if it is in favor of the complaining covered employee, or in favor of the charging party under section 1331 of this title, or if the decision reverses a decision of a hearing officer which had been in favor of the covered employee or charging party. The Board may make public any other decision at its discretion.
Nothing in this section may be construed to prohibit a covered employee from disclosing the factual allegations underlying the covered employee’s claim, or to prohibit an employing office from disclosing the factual allegations underlying the employing office’s defense to the claim, in the course of any proceeding under this subchapter.
This chapter, referred to in subsec. (d)(2), was in the original “this Act”, meaning Pub. L. 104–1,
The Ethics in Government Act of 1978, referred to in subsec. (d)(7), is Pub. L. 95–521,
2018—Subsec. (a). Pub. L. 115–397, § 114(b)(1), (2), redesignated subsec. (b) as (a) and struck out former subsec. (a). Prior to amendment, text of subsec. (a) read as follows: “All counseling shall be strictly confidential, except that the Office and a covered employee may agree to notify the employing office of the allegations.”
Subsec. (b). Pub. L. 115–397, § 114(b)(2), (3), redesignated subsec. (c) as (b) and substituted “subsections (c), (d), and (e)” for “subsections (d), (e), and (f)”. Former subsec. (b) redesignated (a).
Pub. L. 115–397, § 114(a), substituted “All information discussed or disclosed in the course of any mediation” for “All mediation”.
Subsecs. (c), (d). Pub. L. 115–397, § 114(b)(2), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c) redesignated (b).
Subsec. (e). Pub. L. 115–397, § 114(b)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Pub. L. 115–397, § 112, amended subsec. (e) generally, substituting provisions relating to automatic referral to congressional ethics committee of dispositions of claims involving Members of Congress and senior staff for provisions relating to access by committees of Congress.
Subsec. (f). Pub. L. 115–397, § 114(b)(4), added subsec. (f). Former subsec. (f) redesignated (e).
2015—Subsec. (b). Pub. L. 114–6, § 2(c)(1), inserted before period at end “, and the Executive Director shall notify each person participating in the mediation of the confidentiality requirement and of the sanctions applicable to any person who violates the confidentiality requirement”.
Subsec. (c). Pub. L. 114–6, § 2(c)(2), inserted at end “The Executive Director shall notify each person participating in a proceeding or deliberation to which this subsection applies of the requirements of this subsection and of the sanctions applicable to any person who violates the requirements of this subsection.”
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on
Amendment by Pub. L. 114–6 applicable with respect to mediations and other proceedings first initiated after
At the request of a covered employee who files a claim alleging a violation of part A of subchapter II by the covered employee’s employing office, during the pendency of any of the procedures available under this subchapter for consideration of the claim, the employing office may permit the covered employee to carry out the employee’s responsibilities from a remote location (referred to in this section as “permitting a remote work assignment”) where such relocation would have the effect of materially reducing interactions between the covered employee and any person alleged to have committed the violation, instead of from a location of the employing office.
An employing office may not grant a covered employee’s request under this subsection in a manner which would constitute a violation of section 1317 of this title.
In granting leave for a paid leave of absence under this section, an employing office shall not require the covered employee to substitute, for that leave, any of the accrued paid vacation or personal leave of the covered employee.
Subsection (a) does not apply to the extent that it is inconsistent with the terms and conditions of any collective bargaining agreement which is in effect with respect to an employing office.
Part A of subchapter II, referred to in subsec. (a)(1), was in the original “part A of title II”, meaning part A (§§ 201–207) of title II of Pub. L. 104–1,
Section effective upon expiration of the 180-day period beginning on
2018—Pub. L. 115–397 inserted “, section 1381(l),” before“and 1384(c) of this title” in introductory provisions.
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on
The Select Committee on Ethics of the Senate and the Committee on Standards of Official Conduct of the House of Representatives retain full power, in accordance with the authority provided to them by the Senate and the House, with respect to the discipline of Members, officers, and employees for violating rules of the Senate and the House on nondiscrimination in employment.
Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress,
The Fair Labor Standards Act of 1938, referred to in par. (1), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
The Civil Rights Act of 1964, referred to in par. (2), is Pub. L. 88–352,
The Americans with Disabilities Act of 1990, referred to in par. (3), is Pub. L. 101–336,
The Age Discrimination in Employment Act of 1967, referred to in par. (4), is Pub. L. 90–202,
The Family and Medical Leave Act of 1993, referred to in par. (5), is Pub. L. 103–3,
The Occupational Safety and Health Act of 1970, referred to in par. (6), is Pub. L. 91–596,
The Employee Polygraph Protection Act of 1988, referred to in par. (8), is Pub. L. 100–347,
The Worker Adjustment and Retraining Notification Act, referred to in par. (9), is Pub. L. 100–379,
The Rehabilitation Act of 1973, referred to in par. (10), is Pub. L. 93–112,
Subchapter II of this chapter, referred to in text, was in the original a reference to title II of this Act, meaning title II of Pub. L. 104–1,
If, as of the date on which section 1311 of this title takes effect, an employee of the Senate or the House of Representatives has or could have requested counseling under section 305 1
With respect to payments of awards and settlements relating to Senate employees under paragraph (1) of this subsection, section 1207a 1 of this title remains in effect.
If, as of the date on which section 1311 of this title takes effect, an employee of the Architect of the Capitol has or could have filed a charge or complaint regarding an alleged violation of section 1831(e)(2) 1 of this title, the employee may complete, or initiate and complete, all procedures under section 1831(e) 1 of this title, the provisions of which shall remain in effect with respect to, and provide the exclusive procedures for, that claim until the completion of all such procedures.
With respect to matters other than employment under section 12209 1 of title 42, the rights, protections, remedies, and procedures of section 12209 1 of title 42 shall remain in effect until section 1331 of this title takes effect with respect to each of the entities covered by section 12209 1 of title 42.
For the effective dates of sections 1311, 1312, and 1331 of this title, referred to in text, see sections 1311(e), 1312(f), and 1331(i), respectively, of this title.
Rule LI of the Rules of the House of Representatives, referred to in subsec. (a)(1), (2), was repealed by H. Res. No. 5, § 23(a), One Hundred Fifth Congress,
The Family and Medical Leave Act of 1993, referred to in subsec. (a)(1), is Pub. L. 103–3,
The Government Employees Rights Act of 1991, referred to in subsec. (a)(1), (2), probably means the Government Employee Rights Act of 1991, which is title III of Pub. L. 102–166,
Section 1207a of this title, referred to in subsec. (a)(3), was repealed, except as provided in this section, by Pub. L. 104–1, title V, § 504(a)(5),
Section 1831(e) of this title, referred to in subsec. (b), was repealed, except as provided in this section, by Pub. L. 104–1, title V, § 504(c)(1),
Section 12209 of title 42, referred to in subsec. (c), was in the original a reference to section 509 of the Americans with Disabilities Act of 1990. Sections 508 and 509 of the Act were renumbered sections 509 and 510, respectively, by Pub. L. 110–325, § 6(a)(2),
General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance.
Section, Pub. L. 104–1, title V, § 507,
It is the sense of the Senate that the Committee on Rules and Administration of the Senate should review the rules applicable to purchases by Senate offices to determine whether they are consistent with the acquisition simplification and streamlining laws enacted in the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355).
The Federal Acquisition Streamlining Act of 1994, referred to in text, is Pub. L. 103–355,
Each employing office shall develop and implement a program to train and educate covered employees of the office in the rights and protections provided under this chapter, including the procedures available under subchapter IV to consider alleged violations of this chapter.
Not later than 45 days after the beginning of each Congress (beginning with the One Hundred Seventeenth Congress), each employing office shall submit a report to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate on the implementation of the program required under subsection (a).
Not later than 180 days after
This section does not apply to an employing office of the House of Representatives or an employing office of the Senate.
This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 104–1,
A prior section 509 of Pub. L. 104–1 was renumbered section 511 and is classified to section 1438 of this title.
Section effective upon expiration of the 180-day period beginning on
All covered employees whose location of employment is outside of the Washington, DC area (referred to in this section as “out-of-area covered employees”) shall have equitable access to the resources and services provided by the Office and under this chapter as is provided to covered employees who work in the Washington, DC area.
It is the sense of Congress that each employing office with out-of-area covered employees should use its best efforts to facilitate equitable access to the resources and services provided under this chapter for those employees.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–1,
A prior section 510 of Pub. L. 104–1 was renumbered section 511 and is classified to section 1438 of this title.
Section effective upon expiration of the 180-day period beginning on
If any provision of this chapter or the application of such provision to any person or circumstance is held to be invalid, the remainder of this chapter and the application of the provisions of the remainder to any person or circumstance shall not be affected thereby.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–1,
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–4,
Pub. L. 104–4, § 1,
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–4,
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–4,
The Social Security Act, referred to in par. (7), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Each agency shall provide to the Director such information and assistance as the Director may reasonably request to assist the Director in carrying out this chapter.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–4,
It is the sense of the Congress that Federal agencies should review and evaluate planned regulations to ensure that the cost estimates provided by the Congressional Budget Office will be carefully considered as regulations are promulgated.
At the request of the Director of the Congressional Budget Office, the Director of the Office of Management and Budget shall provide data and cost estimates for regulations implementing an Act containing a Federal mandate covered by part B of title IV of the Congressional Budget and Impoundment Control Act of 1974 [2 U.S.C. 658 et seq.].
The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (c), is Pub. L. 93–344,
Pub. L. 104–4, title I, § 110,
Nothing in this chapter shall preclude a State, local, or tribal government that already complies with all or part of the Federal intergovernmental mandates included in the bill, joint resolution, amendment, motion, or conference report from consideration for Federal funding under section 658d(a)(2) of this title for the cost of the mandate, including the costs the State, local, or tribal government is currently paying and any additional costs necessary to meet the mandate.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–4,
Section effective
This chapter, referred to in subsec. (b)(3), was in the original “this Act”, meaning Pub. L. 104–4,
Section effective
The Committee on Rules shall include in the report required by clause 1(d) 1
Clause 1(d) of Rule XI of the Rules of the House of Representatives, referred to in subsec. (b), was amended generally by House Resolution No. 5, One Hundred Twelfth Congress,
Section is comprised of section 107 of Pub. L. 104–4. Subsec. (a) of section 107 of Pub. L. 104–4 amended the Rules of the House of Representatives, which are not classified to the Code.
Section effective
Section effective
There are authorized to be appropriated to the Congressional Budget Office $4,500,000 for each of the fiscal years 1996, 1997, 1998, 1999, 2000, 2001, and 2002 to carry out the provisions of this subchapter.
This subchapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 104–4,
Section effective
Each agency shall, unless otherwise prohibited by law, assess the effects of Federal regulatory actions on State, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in law).
Pub. L. 104–4, title II, § 209,
For provisions stating regulatory philosophy and principles and setting forth regulatory organization, procedures, and guidelines for centralized review of new and existing regulations to make the regulatory process more efficient, see Ex. Ord. No. 12866,
In promulgating a general notice of proposed rulemaking or a final rule for which a statement under subsection (a) is required, the agency shall include in the promulgation a summary of the information contained in the statement.
Any agency may prepare any statement required under subsection (a) in conjunction with or as a part of any other statement or analysis, provided that the statement or analysis satisfies the provisions of subsection (a).
There are authorized to be appropriated to each agency to carry out the provisions of this section and for no other purpose, such sums as are necessary.
Each agency shall, to the extent permitted in law, develop an effective process to permit elected officers of State, local, and tribal governments (or their designated employees with authority to act on their behalf) to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates.
No later than 6 months after
2022—Subsec. (b). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in introductory provisions.
Memorandum of President of the United States,
Memorandum for the Director of the Office of Management and Budget
By the authority vested in me as President by the Constitution and laws of the United States, including section 204(c) of the Unfunded Mandates Reform Act of 1995 (Public Law 104–4) [2 U.S.C. 1534(c)] and section 301 of title 3 of the United States Code, I hereby delegate to the Director of the Office of Management and Budget the authority vested in the President to issue the guidelines and instructions to Federal agencies required by section 204(c) of that Act.
You are authorized and directed to publish this memorandum in the Federal Register.
No later than 1 year after
The pilot programs shall focus on rules in effect or proposed rules, or a combination thereof.
No later than 1 year after
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective
Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
No later than 18 months after
The Commission shall establish criteria for making recommendations under subsection (a).
The Commission shall issue proposed criteria under this subsection no later than 60 days after
The Commission shall hold public hearings on the preliminary recommendations contained in the preliminary report of the Commission under this subsection.
No later than 3 months after the date of the publication of the preliminary report under subsection (c), the Commission shall submit to the Congress, including the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committee on the Budget of the Senate, and the Committee on the Budget of the House of Representatives, and to the President a final report on the findings, conclusions, and recommendations of the Commission under this section.
In carrying out this section, the Advisory Commission shall give the highest priority to immediately investigating, reviewing, and making recommendations regarding Federal mandates that are the subject of judicial proceedings between the United States and a State, local, or tribal government.
For purposes of this section the term “State mandate” means any provision in a State statute or regulation that imposes an enforceable duty on local governments, the private sector, or individuals, including a condition of State assistance or a duty arising from participation in a voluntary State program.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective
Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
For purposes of carrying out this subchapter, the Advisory Commission may procure temporary and intermittent services of experts or consultants under section 3109(b) of title 5.
Upon request of the Executive Director of the Advisory Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Advisory Commission to assist it in carrying out this subchapter.
Upon the request of the Advisory Commission, the Administrator of General Services shall provide to the Advisory Commission, on a reimbursable basis, the administrative support services necessary for the Advisory Commission to carry out its duties under this subchapter.
The Advisory Commission may, subject to appropriations, contract with and compensate government and private persons (including agencies) for property and services used to carry out its duties under this subchapter.
No later than 4 months after
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective
Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Notwithstanding section 1502 of this title, for purposes of this subchapter the term “Federal mandate” means any provision in statute or regulation or any Federal court ruling that imposes an enforceable duty upon State, local, or tribal governments including a condition of Federal assistance or a duty arising from participation in a voluntary Federal program.
There are authorized to be appropriated to the Advisory Commission to carry out section 1551 of this title and section 1552 of this title, $500,000 for each of fiscal years 1995 and 1996.
Compliance or noncompliance by any agency with the provisions of sections 1532 and 1533(a)(1) and (2) of this title shall be subject to judicial review only in accordance with this section.
In any judicial review under any other Federal law of an agency rule for which a written statement or plan is required under sections 1532 and 1533(a)(1) and (2) of this title, the inadequacy or failure to prepare such statement (including the inadequacy or failure to prepare any estimate, analysis, statement or description) or written plan shall not be used as a basis for staying, enjoining, invalidating or otherwise affecting such agency rule.
Any information generated under sections 1532 and 1533(a)(1) and (2) of this title that is part of the rulemaking record for judicial review under the provisions of any other Federal law may be considered as part of the record for judicial review conducted under such other provisions of Federal law.
For any petition under paragraph (2) the provisions of such other Federal law shall control all other matters, such as exhaustion of administrative remedies, the time for and manner of seeking review and venue, except that if such other Federal law does not provide a limitation on the time for filing a petition for judicial review that is less than 180 days, such limitation shall be 180 days after a final rule is promulgated by the appropriate agency.
This subsection shall take effect on
This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 104–4,
Pub. L. 104–65, § 24,
Pub. L. 115–418, § 1,
Pub. L. 110–81, § 1(a),
Pub. L. 105–166, § 1(a),
Pub. L. 104–65, § 1,
Pub. L. 110–81, title VII, § 703,
The term “agency” has the meaning given that term in section 551(1) of title 5.
The term “client” means any person or entity that employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of that person or entity. A person or entity whose employees act as lobbyists on its own behalf is both a client and an employer of such employees. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members.
The term “foreign entity” means a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)).
The term “lobbying activities” means lobbying contacts and efforts in support of such contacts, including preparation and planning activities, research and other background work that is intended, at the time it is performed, for use in contacts, and coordination with the lobbying activities of others.
The term “lobbying firm” means a person or entity that has 1 or more employees who are lobbyists on behalf of a client other than that person or entity. The term also includes a self-employed individual who is a lobbyist.
The term “lobbyist” means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact, other than an individual whose lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a 3-month period.
The term “media organization” means a person or entity engaged in disseminating information to the general public through a newspaper, magazine, other publication, radio, television, cable television, or other medium of mass communication.
The term “Member of Congress” means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress.
The term “organization” means a person or entity other than an individual.
The term “person or entity” means any individual, corporation, company, foundation, association, labor organization, firm, partnership, society, joint stock company, group of organizations, or State or local government.
The term “State” means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
This chapter, referred to in text, was in the original “this Act” meaning Pub. L. 104–65,
Levels I, II, III, IV, and V of the Executive Schedule, referred to in par. (3)(D), are set out in sections 5312, 5313, 5314, 5315, and 5316, respectively, of Title 5, Government Organization and Employees.
The Foreign Agents Registration Act of 1938, referred to in par. (8)(B)(iv), is act June 8, 1938, ch. 327, 52 Stat. 631, which is classified generally to subchapter II (§ 611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 22 and Tables.
The Whistleblower Protection Act of 1989, referred to in par. (8)(B)(xvii), is Pub. L. 101–12,
The Securities Exchange Act, referred to in par. (8)(B)(xix), probably means the Securities Exchange Act of 1934, act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§ 78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables.
The Commodity Exchange Act, referred to in par. (8)(B)(xix), is act Sept. 21, 1922, ch. 369, 42 Stat. 998, which is classified generally to chapter 1 (§ 1 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1 of Title 7 and Tables.
2022—Par. (4)(D). Pub. L. 117–286, § 4(c)(3), substituted “section 13101(13) of title 5.” for “section 109(13) of the Ethics in Government Act of 1978 (5 U.S.C. App.).”
Par. (8)(B)(vi). Pub. L. 117–286, § 4(a)(2), substituted “chapter 10 of title 5;” for “the Federal Advisory Committee Act;”.
Par. (8)(B)(xvii). Pub. L. 117–286, § 4(b)(2), substituted “chapter 4 of title 5,” for “the Inspector General Act of 1978,”.
2007—Par. (10). Pub. L. 110–81 substituted “3-month period” for “six month period”.
1998—Par. (3)(F). Pub. L. 105–166, § 2, substituted “7511(b)(2)(B)” for “7511(b)(2)”.
Par. (8)(B)(ix). Pub. L. 105–166, § 3(a), inserted before semicolon at end “, including any communication compelled by a Federal contract, grant, loan, permit, or license”.
Par. (15)(F). Pub. L. 105–166, § 3(b), inserted before period at end “, or a group of governments acting together as an international organization”.
Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under the Lobbying Disclosure Act of 1995 (this chapter) having an effective date of
Section effective
No later than 45 days after a lobbyist first makes a lobbying contact or is employed or retained to make a lobbying contact, whichever is earlier, or on the first business day after such 45th day if the 45th day is not a business day, such lobbyist (or, as provided under paragraph (2), the organization employing such lobbyist), shall register with the Secretary of the Senate and the Clerk of the House of Representatives.
Any organization that has 1 or more employees who are lobbyists shall file a single registration under this section on behalf of such employees for each client on whose behalf the employees act as lobbyists.
(as estimated under section 1604 of this title) in the quarterly period described in section 1604(a) of this title during which the registration would be made is not required to register under this subsection with respect to such client.
In the case of a registrant making lobbying contacts on behalf of more than 1 client, a separate registration under this section shall be filed for each such client.
A registrant who makes more than 1 lobbying contact for the same client shall file a single registration covering all such lobbying contacts.
This chapter, referred to in subsec. (b), was in the original “this Act” meaning Pub. L. 104–65,
2019—Subsec. (b)(7). Pub. L. 115–418 added par. (7).
2007—Subsec. (a)(1). Pub. L. 110–81, § 201(b)(2)(A), inserted “or on the first business day after such 45th day if the 45th day is not a business day,” after “earlier,”.
Subsec. (a)(3)(A). Pub. L. 110–81, § 201(b)(2)(B), substituted “quarterly period” for “semiannual period” in concluding provisions.
Subsec. (a)(3)(A)(i). Pub. L. 110–81, § 201(b)(5)(A), substituted “$2,500” for “$5,000”.
Subsec. (a)(3)(A)(ii). Pub. L. 110–81, § 201(b)(5)(B), substituted “$10,000” for “$20,000”.
Subsec. (b). Pub. L. 110–81, § 207(b), inserted concluding provisions.
Subsec. (b)(3)(A). Pub. L. 110–81, § 207(a)(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “contributes more than $5,000 toward the lobbying activities of the registrant in a semiannual period described in section 1604(a) of this title; and”.
Pub. L. 110–81, § 201(b)(5)(C), substituted “$5,000” for “$10,000”.
Subsec. (b)(3)(B). Pub. L. 110–81, § 207(a)(1)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “in whole or in major part plans, supervises, or controls such lobbying activities.”
Subsec. (b)(4). Pub. L. 110–81, § 201(b)(5)(D), substituted “$5,000” for “$10,000” in introductory provisions.
Subsec. (b)(6). Pub. L. 110–81, § 208, substituted “in the 20 years before the date on which the employee first acted” for “in the 2 years before the date on which such employee first acted (after
Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under the Lobbying Disclosure Act of 1995 (this chapter) having an effective date of
Section effective
No later than 20 days after the end of the quarterly period beginning on the first day of January, April, July, and October of each year in which a registrant is registered under section 1603 of this title, or on the first business day after such 20th day if the 20th day is not a business day, each registrant shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives on its lobbying activities during such quarterly period. A separate report shall be filed for each client of the registrant.
In this subsection, the term “leadership PAC” has the meaning given such term in section 30104(i)(8)(B) of title 52.
A report required to be filed under this section shall be filed in electronic form, in addition to any other form that the Secretary of the Senate or the Clerk of the House of Representatives may require or allow. The Secretary of the Senate and the Clerk of the House of Representatives shall use the same electronic software for receipt and recording of filings under this chapter.
This chapter, referred to in subsec. (e), was in the original “this Act” meaning Pub. L. 104–65,
2019—Subsec. (b)(6). Pub. L. 115–418 added par. (6).
2007—Subsec. (a). Pub. L. 110–81, § 201(a)(1), substituted, in heading, “Quarterly” for “Semiannual” and, in text, “20 days after the end of the quarterly period beginning on the first day of January, April, July, and October of each year in which a registrant is registered under section 1603 of this title, or on the first business day after such 20th day if the 20th day is not a business day,” for “45 days after the end of the semiannual period beginning on the first day of each January and the first day of July of each year in which a registrant is registered under section 1603 of this title,” and “such quarterly period” for “such semiannual period”.
Subsec. (b). Pub. L. 110–81, § 201(a)(2)(A), substituted “quarterly report” for “semiannual report” in introductory provisions.
Subsec. (b)(1). Pub. L. 110–81, § 207(a)(2), inserted “, including information under section 1603(b)(3) of this title” before semicolon.
Subsec. (b)(2). Pub. L. 110–81, § 201(a)(2)(B), substituted “quarterly period” for “semiannual filing period” in introductory provisions.
Subsec. (b)(3). Pub. L. 110–81, § 201(a)(2)(C), substituted “quarterly period” for “semiannual period”.
Subsec. (b)(4). Pub. L. 110–81, § 201(a)(2)(D), substituted “quarterly period” for “semiannual filing period”.
Subsec. (b)(5). Pub. L. 110–81, § 202, added par. (5).
Subsec. (c)(1). Pub. L. 110–81, § 201(b)(6)(A), substituted “$5,000” for “$10,000” and “$10,000” for “$20,000”.
Subsec. (c)(2). Pub. L. 110–81, § 201(b)(6)(B), substituted “$5,000” for “$10,000” in two places.
Subsec. (d). Pub. L. 110–81, § 203(a), added subsec. (d).
Subsec. (e). Pub. L. 110–81, § 205, added subsec. (e).
1998—Subsec. (c)(3). Pub. L. 105–166 struck out par. (3) which read as follows: “A registrant that reports lobbying expenditures pursuant to section 6033(b)(8) of title 26 may satisfy the requirement to report income or expenses by filing with the Secretary of the Senate and the Clerk of the House of Representatives a copy of the form filed in accordance with section 6033(b)(8).”
Pub. L. 110–81, title II, § 203(b),
Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under the Lobbying Disclosure Act of 1995 (this chapter) having an effective date of
Section effective
The Attorney General shall report to the congressional committees referred to in paragraph (2), after the end of each semiannual period beginning on January 1 and July 1, the aggregate number of enforcement actions taken by the Department of Justice under this chapter during that semiannual period and, by case, any sentences imposed, except that such report shall not include the names of individuals, or personally identifiable information, that is not already a matter of public record.
The congressional committees referred to in paragraph (1) are the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
This chapter, referred to in text, was in the original “this Act” meaning Pub. L. 104–65,
2007—Pub. L. 110–81, § 210, designated existing provisions as subsec. (a), inserted heading, and added par. (11) and subsec. (b).
Par. (4). Pub. L. 110–81, § 209(b), inserted before semicolon at end “and, in the case of a report filed in electronic form under section 1604(e) of this title, make such report available for public inspection over the Internet as soon as technically practicable after the report is so filed”.
Par. (6). Pub. L. 110–81, § 201(b)(3), substituted “quarterly period” for “semiannual period”.
Pars. (9), (10). Pub. L. 110–81, § 209(a), added pars. (9) and (10).
Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under the Lobbying Disclosure Act of 1995 (this chapter) having an effective date of
Section effective
Whoever knowingly and corruptly fails to comply with any provision of this chapter shall be imprisoned for not more than 5 years or fined under title 18, or both.
This chapter, referred to in text, was in the original “this Act” meaning Pub. L. 104–65,
2007—Pub. L. 110–81 designated existing provisions as subsec. (a), inserted heading, substituted “$200,000” for “$50,000” in concluding provisions, and added subsec. (b).
Pub. L. 110–81, title II, § 211(b),
Section effective
Nothing in this chapter shall be construed to prohibit, or to authorize any court to prohibit, lobbying activities or lobbying contacts by any person or entity, regardless of whether such person or entity is in compliance with the requirements of this chapter.
Nothing in this chapter shall be construed to grant general audit or investigative authority to the Secretary of the Senate or the Clerk of the House of Representatives.
This chapter, referred to in text, was in the original “this Act” meaning Pub. L. 104–65,
Section effective
If any provision of this chapter, or the application thereof, is held invalid, the validity of the remainder of this chapter and the application of such provision to other persons and circumstances shall not be affected thereby.
This chapter, referred to in text, was in the original “this Act” meaning Pub. L. 104–65,
Section effective
Upon request by a person or entity making a lobbying contact, the individual who is contacted or the office employing that individual shall indicate whether or not the individual is a covered legislative branch official or a covered executive branch official.
This chapter, referred to in subsecs. (a)(1) and (b), was in the original “this Act” meaning Pub. L. 104–65,
Section effective
This chapter, referred to in subsecs. (c) and (d)(2), (3), was in the original “this Act” meaning Pub. L. 104–65,
2007—Subsecs. (a)(1), (b)(1). Pub. L. 110–81 substituted “quarterly period” for “semiannual period”.
1998—Subsec. (a). Pub. L. 105–166, § 4(a)(1), in introductory provisions, substituted “A person, other than a lobbying firm,” for “A registrant”.
Subsec. (a)(2). Pub. L. 105–166, § 4(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “in lieu of using the definition of ‘lobbying activities’ in section 1602(7) of this title, consider as lobbying activities only those activities that are influencing legislation as defined in section 4911(d) of title 26.”
Subsec. (b). Pub. L. 105–166, § 4(b)(1), in introductory provisions, substituted “A person, other than a lobbying firm, who is required to account and does account for lobbying expenditures pursuant to” for “A registrant that is subject to”.
Subsec. (b)(2). Pub. L. 105–166, § 4(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “in lieu of using the definition of ‘lobbying activities’ in section 1602(7) of this title, consider as lobbying activities only those activities, the costs of which are not deductible pursuant to section 162(e) of title 26.”
Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under the Lobbying Disclosure Act of 1995 (this chapter) having an effective date of
Section effective
An organization described in section 501(c)(4) of title 26 which engages in lobbying activities shall not be eligible for the receipt of Federal funds constituting an award, grant, or loan.
1996—Pub. L. 104–99 substituted “award, grant, or loan” for “award, grant, contract, loan, or any other form”.
Pub. L. 104–99, title I, § 129(b),
[For provision that notwithstanding section 106 of Pub. L. 104–99 [110 Stat. 27], section 129 of Pub. L. 104–99 [see above] to remain in effect as if enacted as part of Pub. L. 104–134, see section 21103 of Pub. L. 104–134, set out as a note following note captioned 501 First Street SE., District of Columbia; Disposal of Real Property, under section 2001 of this title].
Section effective
The Senate finds that ordinary Americans generally are not allowed to deduct the costs of communicating with their elected representatives.
It is the sense of the Senate that lobbying expenses should not be tax deductible.
Section effective
Any person described in subsection (b) may not make a gift or provide travel to a covered legislative branch official if the person has knowledge that the gift or travel may not be accepted by that covered legislative branch official under the Rules of the House of Representatives or the Standing Rules of the Senate (as the case may be).
The persons subject to the prohibition under subsection (a) are any lobbyist that is registered or is required to register under section 1603(a)(1) of this title, any organization that employs 1 or more lobbyists and is registered or is required to register under section 1603(a)(2) of this title, and any employee listed or required to be listed as a lobbyist by a registrant under section 1603(b)(6) or 1604(b)(2)(C) of this title.
Pub. L. 110–81, title II, § 206(b),
On an annual basis, the Comptroller General shall audit the extent of compliance or noncompliance with the requirements of this chapter by lobbyists, lobbying firms, and registrants through a random sampling of publicly available lobbying registrations and reports filed under this chapter during each calendar year.
The annual report under paragraph (1) shall include an assessment of compliance by registrants with the requirements of section 1603(b)(3) of this title.
The Comptroller General may, in carrying out this section, request information from and access to any relevant documents from any person registered under paragraph (1) or (2) of section 1603(a) of this title and each employee who is listed as a lobbyist under section 1603(b)(6) of this title or section 1604(b)(2)(C) of this title if the material requested relates to the purposes of this section. The Comptroller General may request such person to submit in writing such information as the Comptroller General may prescribe. The Comptroller General may notify the Congress in writing if a person from whom information has been requested under this subsection refuses to comply with the request within 45 days after the request is made.
This chapter, referred to in subsecs. (a) and (b)(1), was in the original “this Act” meaning Pub. L. 104–65,
Pub. L. 110–81, title II, § 213(b),
The Librarian of Congress shall establish the National Recording Registry for the purpose of maintaining and preserving sound recordings that are culturally, historically, or aesthetically significant.
Pub. L. 106–474, § 1,
The Librarian shall publish in the Federal Register the name of each sound recording that is selected for inclusion in the National Recording Registry.
The Librarian shall provide a seal to indicate that a sound recording has been included in the National Recording Registry and is the Registry version of that recording.
The use of the seal provided under subsection (a) with respect to a sound recording shall be effective beginning on the date the Librarian publishes in the Federal Register (in accordance with section 1702(b) of this title) the name of the recording, as selected for inclusion in the National Recording Registry.
No person may knowingly use the seal described in subsection (a) to promote any version of a sound recording or recording copy other than a Registry version.
The several district courts of the United States shall have jurisdiction, for cause shown, to prevent and restrain violations of subsection (d).
Except as provided in subparagraph (B), relief for violation of subsection (d) shall be limited to the removal of the seal from the sound recording involved in the violation.
In the case of a pattern or practice of the willful violation of subsection (d), the court may order a civil fine of not more than $10,000 and appropriate injunctive relief.
The remedies provided in this subsection shall be the exclusive remedies under this chapter, or any other Federal or State law, regarding the use of the seal described in subsection (a).
All copies of sound recordings on the National Recording Registry that are received by the Librarian under subsection (b) shall be maintained in the Library of Congress and be known as the “National Recording Registry Collection of the Library of Congress”. The Librarian shall by regulation and in accordance with title 17 provide for reasonable access to the sound recordings and other materials in such collection for scholarly and research purposes.
The Librarian shall seek to obtain, by gift from the owner, a quality copy of the Registry version of each sound recording included in the National Recording Registry.
Not more than one copy of the same version or take of any sound recording may be preserved in the National Recording Registry. Nothing in the preceding sentence may be construed to prohibit the Librarian from making or distributing copies of sound recordings included in the Registry for purposes of carrying out this Act.
All copies of sound recordings on the National Recording Registry that are received by the Librarian under subsection (b) shall become the property of the United States Government, subject to the provisions of title 17.
This Act, referred to in subsec. (b)(2), is Pub. L. 106–474,
The Librarian shall, after consultation with the National Recording Preservation Board established under subchapter III, implement a comprehensive national sound recording preservation program, in conjunction with other sound recording archivists, educators and historians, copyright owners, recording industry representatives, and others involved in activities related to sound recording preservation, and taking into account studies conducted by the Board.
The Librarian shall carry out activities to make sound recordings included in the National Recording Registry more broadly accessible for research and educational purposes and to generate public awareness and support of the Registry and the comprehensive national sound recording preservation program established under this subchapter.
The Librarian shall establish in the Library of Congress a National Recording Preservation Board whose members shall be selected in accordance with the procedures described in section 1722 of this title.
The Librarian shall request each organization described in paragraph (2) to submit a list of three candidates qualified to serve as a member of the Board. The Librarian shall appoint one member from each such list, and shall designate from that list an alternate who may attend at Board expense those meetings which the individual appointed to the Board cannot attend.
In addition to the members appointed under subsection (a), the Librarian may appoint not more than five members-at-large. The Librarian shall select an alternate for each member-at-large, who may attend at Board expense those meetings that the member-at-large cannot attend.
The Librarian shall appoint one member of the Board to serve as Chair.
The term of each member of the Board shall be 4 years, except that there shall be no limit to the number of terms that any individual member may serve.
The Librarian shall have the authority to remove any member of the Board if the member fails, after receiving proper notification, to attend (or send a designated alternate to attend) a regularly scheduled Board meeting, or if the member is determined by the Librarian to have substantially failed to fulfill the member’s responsibilities as a member of the Board.
A vacancy in the Board shall be filled in the manner in which the original appointment was made under subsection (a), except that the Librarian may fill the vacancy from a list of candidates previously submitted by the organization or organizations involved. Any member appointed to fill a vacancy shall be appointed for the remainder of the term of the member’s predecessor.
2008—Subsec. (d)(2). Pub. L. 110–336 amended par. (2) generally. Prior to amendment, text of par. (2) read as follows: “The Librarian shall have the authority to remove any member of the Board (or, in the case of a member appointed under subsection (a)(1) of this section, the organization that such member represents) if the member or organization over any consecutive 2-year period fails to attend at least one regularly scheduled Board meeting.”
Members of the Board shall serve without pay, but may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5.
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.
The Board shall meet at least once each fiscal year. Meetings shall be at the call of the Librarian.
Eleven members of the Board shall constitute a quorum for the transaction of business.
The Board shall review nominations of sound recordings submitted to it for inclusion in the National Recording Registry and advise the Librarian, as provided in subchapter I, with respect to the inclusion of such recordings in the Registry and the preservation of these and other sound recordings that are culturally, historically, or aesthetically significant.
The Board shall consider for inclusion in the National Recording Registry nominations submitted by the general public as well as representatives of sound recording archives and the sound recording industry (such as the guilds and societies representing sound recording artists) and other creative artists.
The Board may, for the purpose of carrying out its duties, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Librarian and the Board consider appropriate.
Two sitting members of the Board shall be appointed by the Librarian and shall serve as members of the board of directors of the National Recording Preservation Foundation, in accordance with section 152403 of title 36.
The Librarian may appoint and fix the pay of such personnel as the Librarian considers appropriate to carry out this chapter.
The Librarian may, in carrying out this chapter, procure temporary and intermittent services under section 3109(b) of title 5, but at rates for individuals not to exceed the daily equivalent of the maximum rate of basic pay payable for level 15 of the General Schedule. In no case may a member of the Board (including an alternate member) be paid as an expert or consultant under this section.
The General Schedule, referred to in subsec. (b), is set out under section 5332 of Title 5, Government Organization and Employees.
There are authorized to be appropriated to the Librarian for the first fiscal year beginning on or after
2016—Pub. L. 114–217 substituted “through fiscal year 2026” for “through fiscal year 2016”.
2008—Pub. L. 110–336 substituted “for the first fiscal year beginning on or after
Pub. L. 110–336, § 2(a)(1)(B),
Section, Pub. L. 101–163, title III, § 319,
Section was classified to section 162–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Act Aug. 15, 1876, ch. 287, 19 Stat. 147, transferred duties relative to the Capitol theretofore performed by Commissioner of Public Buildings and Grounds to Architect of the Capitol.
Act Mar. 2, 1867, ch. 167, § 2, 14 Stat. 466, abolished office of Commissioner of Public Buildings and Grounds referred to in section 1811 of this title, and transferred the duties of that office to the Chief of Engineers of the Army.
Act Sept. 30, 1850, ch. 90, § 1, 9 Stat. 538, made appropriation for “the extension of the Capitol” according to the plan as might be approved by the President, to be expended under his direction, “by such architect as he may appoint to execute the same.” Subsequent acts frequently referred to the Architect of the Capitol or to the Architect of the Capitol Extension.
Act Mar. 3, 1829, ch. 51, § 2, 4 Stat. 363, authorized President to continue office of Architect of the Capitol long enough to complete work in progress.
Act May 2, 1828, ch. 45, § 3, 4 Stat. 266, abolished office of Architect of the Capitol. The duties of that office were transferred to Commissioner of Public Buildings and Grounds, appointed by President under act April 29, 1816, ch. 150, § 2, 3 Stat. 324, to succeed a previously existing board of three commissioners of Public Buildings and Grounds.
The name of Superintendent of the Capitol Building and Grounds was changed to Architect of the Capitol by Act Mar. 3, 1921, ch. 124, 41 Stat. 1291, the Legislative, Executive, and Judicial Appropriation Act
The name of Architect of the Capitol was changed to Superintendent of the Capitol Building and Grounds, by act Feb. 14, 1902, ch. 17, 32 Stat. 20, popularly known as the “Urgent Deficiency Appropriation Act for 1902”.
Repeal applicable with respect to appointments made on or after
Pub. L. 118–31, div. E, title LVII, § 5701,
Pub. L. 114–156, § 1,
Pub. L. 107–68, title I, § 129(d),
Pub. L. 107–68, title I, § 132,
The Architect of the Capitol shall be appointed, without regard to political affiliation and solely on the basis of fitness to perform the duties of the office, upon a majority vote of a congressional commission (referred to in this section as the “commission”) consisting of the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of the House of Representatives and Senate, the chair and ranking minority member of the Committee on Appropriations of the House of Representatives, the chairman and ranking minority member of the Committee on Appropriations of the Senate, the chair and ranking minority member of the Committee on House Administration of the House of Representatives, and the chairman and ranking minority member of the Committee on Rules and Administration of the Senate.
The Architect of the Capitol shall be appointed for a term of 10 years and, upon a majority vote of the members of the commission, may be reappointed for additional 10-year terms.
The Architect of the Capitol may be removed from office at any time upon a majority vote of the members of the commission.
This section, and the amendments made by this section, shall apply with respect to appointments made on or after
For the amendments made by this section, referred to in subsec. (e), see Codification note below.
Section is comprised of section 5702 of Pub. L. 118–31. Subsec. (d)(1) of section 5702 of Pub. L. 118–31 repealed section 1801 of this title. Subsec. (d)(2) of section 5702 of Pub. L. 118–31 amended section 1811 of this title.
The compensation of the Architect of the Capitol shall be at an annual rate which is equal to the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5.
Section was classified to section 162a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Prior provisions prescribing the annual rate of compensation of the Architect of the Capitol were contained in the following prior sections 162a of former Title 40, Public Buildings, Property, and Works:
Pub. L. 88–426, title II, § 203(c),
Acts Oct. 15, 1949, ch. 695, § 5(a), 63 Stat. 880; Aug. 5, 1955, ch. 568, § 101, 69 Stat. 515, which was repealed by Pub. L. 89–554, § 8(a),
2022—Pub. L. 117–103 substituted “the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5.” for “the maximum rate of pay in effect under section 4575(f) of this title.”
2019—Pub. L. 116–94 amended section generally. Prior to amendment, text read as follows: “The compensation of the Architect of the Capitol shall be at an annual rate which is equal to the lesser of the annual salary for the Sergeant at Arms of the House of Representatives or the annual salary for the Sergeant at Arms and Doorkeeper of the Senate.”
2001—Pub. L. 107–68, which directed amendment of “Section 203(c) of the Federal Legislative Salary Act of 1964 (40 U.S.C. 162a)” by striking “the annual rate of basic pay” and all that follows and inserting “the lesser of the annual salary for the Sergeant at Arms of the House of Representatives or the annual salary for the Sergeant at Arms and Doorkeeper of the Senate.”, was executed by substituting the new language for “the annual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314 of title 5” in this section, which is section 1(1) of Pub. L. 96–146, to reflect the probable intent of Congress.
Pub. L. 117–103, div. I, title II, § 212(c),
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Pub. L. 107–68, title I, § 129(e),
Pub. L. 96–146, § 2,
1987—Salary of Architect increased to $82,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of this title.
1977—Salary of Architect increased to $50,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of this title.
1969—Salary of Architect increased to $38,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of this title.
The Architect of the Capitol may delegate the duties and authorities of the Architect to officers and employees of the Office of the Architect of the Capitol, as the Architect determines appropriate.
Section was classified to section 163b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is from the Legislative Branch Appropriation Act, 1956.
2020—Pub. L. 116–260 substituted “delegate the duties and authorities of the Architect to officers and employees of the Office of the Architect of the Capitol, as the Architect determines appropriate” for “delegate to the assistants of the Architect such authority of the Architect as the Architect may determine proper, except those authorities, duties, and responsibilities specifically assigned to the Deputy Architect of the Capitol by the Legislative Branch Appropriations Act, 2003”.
2003—Pub. L. 108–7 substituted “Architect of the Capitol may delegate to the assistants of the Architect such authority of the Architect as the Architect may determine proper, except those authorities, duties, and responsibilities specifically assigned to the Deputy Architect of the Capitol by the Legislative Branch Appropriations Act, 2003” for “Architect of the Capitol is authorized on and after
Section, Pub. L. 91–382,
Section was classified to section 164a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 87–730,
Pub. L. 87–130,
Pub. L. 86–628,
Pub. L. 86–176,
Pub. L. 85–570,
Pub. L. 85–75,
June 27, 1956, ch. 453, 70 Stat. 365.
Aug. 5, 1955, ch. 568, 69 Stat. 515.
July 2, 1954, ch. 455, title I, 68 Stat. 405.
Aug. 1, 1953, ch. 304, title I, 67 Stat. 327.
July 9, 1952, ch. 598, 66 Stat. 472.
Oct. 11, 1951, ch. 485, 65 Stat. 396.
Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 602.
June 22, 1949, ch. 235, 63 Stat. 224.
June 14, 1948, ch. 467, 62 Stat. 430.
July 17, 1947, ch. 262, 61 Stat. 369.
July 1, 1946, ch. 530, 60 Stat. 400.
May 18, 1946, ch. 263, title I, 60 Stat. 185.
June 13, 1945, ch. 189, 59 Stat. 251.
June 26, 1944, ch. 277, title I, 58 Stat. 346.
June 28, 1943, ch. 173, title I, 57 Stat. 232.
June 8, 1942, ch. 396, 56 Stat. 341.
July 1, 1941, ch. 268, 55 Stat. 457.
June 18, 1940, ch. 396, 54 Stat. 472.
June 16, 1939, ch. 208, 53 Stat. 831.
May 17, 1938, ch. 236, 52 Stat. 390.
May 18, 1937, ch. 223, 50 Stat. 179.
Apr. 17, 1936, ch. 233, 49 Stat. 1224.
July 8, 1935, ch. 374, 49 Stat. 469.
May 30, 1934, ch. 372, 48 Stat. 826.
Feb. 28, 1933, ch. 134, 47 Stat. 1360.
June 30, 1932, ch. 314, 47 Stat. 391.
The Architect of the Capitol (in this section referred to as the “Architect”) shall appoint a suitable individual to be the Deputy Architect of the Capitol (in this section referred to as the “Deputy Architect”). The Architect may delegate to the Deputy Architect such duties as the Architect determines are necessary or appropriate.
The Deputy Architect shall be paid at an annual rate of pay to be determined by the Architect but not to exceed $1,500 less than the annual rate of pay for the Architect.
If the Architect does not appoint a Deputy Architect on or before the applicable date specified in subsection (b), the congressional commission described in section 1801a(a) of this title shall appoint the Deputy Architect by a majority vote of the members of the commission.
If the position of Deputy Architect becomes vacant, the Architect shall immediately notify the members of the congressional commission described in section 1801a(a) of this title.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7.
2023—Subsec. (a). Pub. L. 118–31, § 5703(1), inserted “(in this section referred to as the ‘Architect’)” after “The Architect of the Capitol” and “(in this section referred to as the ‘Deputy Architect’)” after “Deputy Architect of the Capitol”.
Subsec. (b). Pub. L. 118–31, § 5703(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 118–31, § 5703(2), (4), redesignated subsec. (b) as (c) and struck out “of the Capitol” after “The Deputy Architect” and after “pay for the Architect”.
Subsecs. (d), (e). Pub. L. 118–31, § 5703(5), added subsecs. (d) and (e).
2020—Pub. L. 116–260, § 701(b)(1), substituted “Capitol” for “Capitol/Chief Operating Officer” in section catchline.
Subsec. (a). Pub. L. 116–260, § 701(b)(2), inserted text of subsec. (a) and struck out former text of subsec. (a) which read as follows: “There shall be a Deputy Architect of the Capitol who shall serve as the Chief Operating Officer of the Office of the Architect of the Capitol. The Deputy Architect of the Capitol shall be appointed by the Architect of the Capitol and shall report directly to the Architect of the Capitol and shall be subject to the authority of the Architect of the Capitol. The Architect of the Capitol shall appoint the Deputy Architect of the Capitol not later than 180 days after
Subsecs. (b) to (h). Pub. L. 116–260, § 701(b)(3), (4), redesignated subsec. (h) as (b) and struck out former subsecs. (b) to (g) which related to Deputy Architect qualifications and responsibilities, submission of an action plan and annual evaluation of its implementation, and removal of the Deputy Architect.
Subsecs. (i), (j). Pub. L. 116–260, § 702(b)(5), struck out subsecs. (i) and (j) which required the Deputy Architect to prepare and transmit an annual performance report and terminated the role of the Comptroller General and the Government Accountability Office in this section as of
2010—Subsec. (e)(3). Pub. L. 111–316 struck out par. (3). Text read as follows: “Notwithstanding section 1849(a) of this title, as amended by section 129(c) of the Legislative Branch Appropriations Act, 2002, the Architect of the Capitol may fix the rate of basic pay for not more than 3 additional positions at a rate not to exceed the highest total rate of pay for the Senior Executive Service under subchapter VIII of chapter 53 of title 5 for the locality involved.”
2004—Subsecs. (f), (j). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
2003—Subsec. (a). Pub. L. 108–11, substituted “not later than 180 days” for “not later than 90 days”.
Pub. L. 111–316, § 1(c),
Pub. L. 108–11, title II, § 2601(b),
The Deputy Architect of the Capitol (in this section referred to as the “Deputy Architect”) shall act as Architect of the Capitol (in this section referred to as the “Architect”) if the Architect is absent or disabled or there is no Architect.
An officer serving as acting Architect under subsection (a) or (b) shall perform all the duties and exercise all the authorities of the Architect, including the authority to delegate the duties and authorities of the Architect in accordance with section 1803 of this title.
Section is comprised of section 5704 of Pub. L. 118–31. Subsec. (d) of section 5704 of Pub. L. 118–31 repealed section 1804 of this title.
Section, Pub. L. 110–28, title VI, § 6701,
Section, Pub. L. 110–161, div. H, title I, § 1309,
This section may be cited as the “Architect of the Capitol Inspector General Act of 2007”.
There shall be at the head of the Office of Inspector General, an Inspector General who shall be appointed by the Architect of the Capitol, in consultation with the Inspectors General of the Library of Congress, Government Publishing Office, Government Accountability Office, and United States Capitol Police. The appointment shall be made without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. The Inspector General shall report to, and be under the general supervision of, the Architect of the Capitol.
The Inspector General may be removed from office, or transferred to another position within, or another location of, the Office of the Architect of the Capitol, by the Architect of the Capitol.
Nothing in this paragraph shall prohibit a personnel action (except for removal or transfer) that is otherwise authorized by law.
The Inspector General shall be paid at an annual rate of pay equal to $1,500 less than the annual rate of pay of the Architect of the Capitol.
The Inspector General may not receive any cash award or cash bonus, including a cash award under chapter 45 of title 5.
The Inspector General shall, in accordance with applicable laws and regulations governing selections, appointments, and employment at the Office of the Architect of the Capitol, obtain legal advice from a counsel reporting directly to the Inspector General or another Inspector General.
The Inspector General, in carrying out this section, is authorized, without the supervision or approval of any other employee, office, or other entity within the Office of the Architect of the Capitol, to select, appoint, and employ such officers and employees (including consultants) as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General subject to the provisions of law governing selections, appointments, and employment in the Office of the Architect of the Capitol.
Appointments under the authority under subparagraph (A) shall be made consistent with personnel security and suitability requirements.
Any appointment of a consultant under the authority under subparagraph (A) shall be made consistent with section 6(a)(8) of the Inspector General Act of 1978 (5 U.S.C. App.).1
After providing notice to the appropriate committees of Congress, the Inspector General may add requirements to the certification required under subclause (I), as determined appropriate by the Inspector General.
The Inspector General shall maintain firearms-related requirements (including quarterly firearms qualifications) and use of force training requirements that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in accordance with the Council of the Inspectors General on Integrity and Efficiency use of force policies, which incorporate Department of Justice guidelines.
The Inspector General may reauthorize an individual to exercise the authority granted under subparagraph (A) if the Inspector General determines the individual has achieved compliance with the requirements under this paragraph.
A revocation of the authority granted under subparagraph (A) shall not be subject to administrative, judicial, or other review, unless the revocation results in an adverse action. Such an adverse action may, at the election of the applicable individual, be reviewed in accordance with the otherwise applicable procedures.
Before the first grant of authority under subparagraph (A), and semiannually thereafter as part of the report under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.),1 the Inspector General shall submit to the appropriate committees of Congress a written certification that adequate internal safeguards and management procedures exist that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in compliance with standards established by the Council of the Inspectors General on Integrity and Efficiency, which incorporate Department of Justice guidelines, to ensure proper exercise of the powers authorized under this paragraph.
The authority granted under this paragraph (including any grant of authority to an individual under subparagraph (A), without regard to whether the individual is in compliance with subparagraph (B)) may be suspended by the Inspector General if the Office of Inspector General fails to comply with the reporting and review requirements under clause (i) of this subparagraph or subparagraph (D). Any suspension of authority under this clause shall be reported to the appropriate committees of Congress.
To ensure the proper exercise of the law enforcement powers authorized under this paragraph, the Office of Inspector General shall submit to and participate in the external review process established by the Council of the Inspectors General on Integrity and Efficiency for ensuring that adequate internal safeguards and management procedures continue to exist. Under the review process, the exercise of the law enforcement powers by the Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be communicated in writing to the Inspector General, the Council of the Inspectors General on Integrity and Efficiency, and the appropriate committees of Congress.
Any allegation of misconduct by an individual granted authority under subparagraph (A) may be reviewed by the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency.
The Architect of the Capitol shall include the annual budget request of the Inspector General in the budget of the Office of the Architect of the Capitol without change.
All functions, personnel, and budget resources of the Office of the Inspector General of the Architect of the Capitol as in effect before the effective date of this section are transferred to the Office of Inspector General described under subsection (b).
References in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Inspector General of the Architect of the Capitol shall be deemed to refer to the Inspector General as set forth under this section.
By the date occurring 180 days after
Except as provided under paragraph (2), this section shall take effect 180 days after
Subsection (g) shall take effect on
Sections 5 and 6(a)(8) of the Inspector General Act of 1978, referred to in subsec. (d)(2)(C), (3)(C)(i), are sections 5 and 6(a)(8) of Pub. L. 95–452, which were set out in the Appendix to Title 5, Government Organization and Employees, and were repealed and restated as sections 405 and 406(a)(8), respectively, of Title 5 by Pub. L. 117–286, §§ 3(b), 7,
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
2022—Subsec. (d)(1). Pub. L. 117–286 substituted “Sections 404, 405 (other than subsections (b)(13) and (f)(1)(B) thereof), 406 (other than subsection (a)(7) and (8) thereof), and 407 of title 5” for “Sections 4, 5 (other than subsections (a)(13) and (e)(1)(B) thereof), 6 (other than subsection (a)(7) and (8) thereof), and 7 of the Inspector General Act of 1978 (5 U.S.C. App.)” in introductory provisions.
2019—Subsec. (c). Pub. L. 116–94, § 1602(b)(1), inserted “; pay; limits on bonuses; counsel” after “removal” in heading.
Subsec. (c)(2). Pub. L. 116–94, § 1602(b)(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The Inspector General may be removed from office by the Architect of the Capitol. The Architect of the Capitol shall, promptly upon such removal, communicate in writing the reasons for any such removal to each House of Congress.”
Subsec. (c)(4), (5). Pub. L. 116–94, § 1602(b)(3), added pars. (4) and (5).
Subsec. (d)(2). Pub. L. 116–94, § 1605(b), designated existing provisions as subpar. (A), inserted subpar. heading and “, without the supervision or approval of any other employee, office, or other entity within the Office of the Architect of the Capitol,” after “is authorized”, and added subpars. (B) and (C).
Subsec. (d)(3). Pub. L. 116–94, § 1603(b), added par. (3).
Subsec. (d)(4). Pub. L. 116–94, § 1604(b), added par. (4).
“Government Publishing Office” substituted for “Government Printing Office” in subsec. (c)(1)(A) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
The Architect of the Capitol shall perform all the duties relative to the Capitol Building performed prior to
Section was classified to section 162 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is a composite of the acts of
2023—Pub. L. 118–31 struck out “, and he shall be appointed by the President” after “Commissioner of Public Buildings and Grounds”.
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
Amendment by Pub. L. 118–31 applicable with respect to appointments made on or after
Pub. L. 112–74, div. G, title I, § 1202,
Pub. L. 107–68, title I, § 128,
The Architect of the Capitol shall on and after
Section was classified to section 163 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
The first sentence of this section is from act
Provisions similar to those comprising the first sentence of this section were contained in act Aug. 15, 1876, ch. 287, 19 Stat. 147.
1951—Act
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
On and after
The Architect, referred to in text, means the Architect of the Capitol.
Section was classified to section 163a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is from the Sundry Civil Appropriation Act
All improvements, alterations, additions, and repairs of the Capitol Building shall be made by the direction and under the supervision of the Architect of the Capitol.
Section was classified to section 166 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
R.S. § 1816 derived from Res.
Provision of R.S. § 1816 relating to purchase of furniture or carpets for House or Senate is classified to section 2184 of this title.
1951—Act
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
Pub. L. 101–520, title III, § 306,
Similar provisions were contained in the following prior appropriations acts:
Pub. L. 101–163, title III, § 306,
Pub. L. 100–458, title III, § 307B,
Pub. L. 102–392, title III, § 305,
Similar provisions were contained in the following prior appropriations acts:
Pub. L. 102–90, title III, § 305,
Pub. L. 101–520, title III, § 305,
Pub. L. 101–163, title III, § 305,
Pub. L. 100–458, title III, § 305,
Pub. L. 100–202, § 101(i) [title III, § 305],
Pub. L. 99–500, § 101(j) [H.R. 5203, title III, § 305],
Section, Pub. L. 105–275, title III, § 310,
Section was classified to section 166i of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
The Architect of the Capitol may not enter into or administer any construction contract with a value greater than $50,000 unless the contract includes a provision requiring the payment of liquidated damages in the amount determined under subsection (b) in the event that completion of the project is delayed because of the contractor.
Notwithstanding paragraph (1), the daily liquidated damage payment rate may be adjusted by the contracting officer involved to a rate greater or lesser than the rate described in such paragraph if the contracting officer makes a written determination that the rate described does not accurately reflect the anticipated damages which will be suffered by the United States as a result of the delay in the completion of the contract.
This section shall apply with respect to contracts entered into during fiscal year 2002 or any succeeding fiscal year.
Section was classified to section 166j of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
In subsec. (a), “section 3309 of title 41” substituted for “section 303M of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253m)” on authority of Pub. L. 111–350, § 6(c),
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
Notwithstanding any other provision of law, the Architect of the Capitol is authorized to contract for personal services with any firm, partnership, corporation, association, or other legal entity in the same manner as he is authorized to contract for personal services with individuals under the provisions of section 6101 of title 41.
In text, “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c),
Section was classified to section 6a–2 of former Title 41, prior to the enactment of Title 41, Public Contracts, by Pub. L. 111–350, § 3,
Pub. L. 116–136, div. B, title IX, § 19005,
[For definition of “coronavirus” as used in section 19005 of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of this title.]
The Architect of the Capitol may transfer apparatus, appliances, equipments, and supplies of any kind, discontinued or permanently out of service, to other branches of the service of the United States, or District of Columbia, whenever, in his judgment the interests of the Government service may require it.
Section was classified to section 171 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on section 11 of act
1951—Act
1928—Act
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
The Architect of the Capitol shall have the authority, within the limits of available appropriations, to dispose of surplus or obsolete personal property by inter-agency transfer, donation, sale, trade-in, or discarding. Amounts received for the sale or trade-in of personal property shall be credited to funds available for the operations of the Architect of the Capitol and be available for the costs of acquiring the same or similar property. Such funds shall be available for such purposes during the fiscal year received and the following fiscal year.
This section shall apply with respect to fiscal year 2010, and each fiscal year thereafter.
Section is from the Legislative Branch Appropriations Act, 2010, which is div. A of Pub. L. 111–68.
Notwithstanding any other provision of law, the Architect of the Capitol, with the approval of the House Office Building Commission and Senate Committee on Rules and Administration, is authorized to secure, through rental, lease, or other appropriate agreement, storage space in areas within the District of Columbia and its environs beyond the boundaries of the United States Capitol Grounds for use of the United States Senate, the United States House of Representatives, and the Office of the Architect of the Capitol, under such terms and conditions as such Commission and committee may authorize, and to incur any necessary incidental expenses in connection therewith.
Section was classified to section 166d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
The Architect of the Capitol is authorized, subject to the availability of appropriations, to acquire (through purchase, lease, or otherwise) buildings and facilities for use as computer backup facilities (and related uses) for offices in the legislative branch.
Any building or facility acquired by the Architect of the Capitol pursuant to subsection (a) shall be a part of the United States Capitol Grounds and shall be subject to the provisions of sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40.
In the case of a building or facility acquired through purchase pursuant to subsection (a), the Architect of the Capitol may enter into or assume a lease with another person for the use of any portion of the building or facility that the Architect of the Capitol determines is not required to be used to carry out the purposes of this section, subject to the approval of the entity which approved the acquisition of such building or facility under subsection (b).
This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.
Sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40, referred to in subsec. (c), was in the original a reference to the Act entitled “An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes”, approved
Section was classified to section 166k of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2005—Subsecs. (d), (e). Pub. L. 109–55 added subsec. (d) and redesignated former subsec. (d) as (e).
Pub. L. 109–55, title I, § 1202(b),
Subject to the approval of the House Office Building Commission and the Senate Committee on Rules and Administration, the Architect of the Capitol is authorized to acquire (through purchase, lease, transfer from another Federal entity, or otherwise) real property, subject to the availability of appropriations and upon approval of an obligation plan by the Committees on Appropriations of the House and Senate, for the use of the United States Capitol Police.
Any real property acquired by the Architect of the Capitol pursuant to subsection (a) shall be a part of the United States Capitol Grounds and shall be subject to the provisions of sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40.
This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.
Sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40, referred to in subsec. (b), was in the original a reference to the Act entitled “An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes”, approved
Section was classified to section 166m of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Pub. L. 108–199, div. H, § 152,
This section shall apply to fiscal year 2003 and each fiscal year thereafter.
In subsec. (a)(1), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c),
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7.
Prior similar provisions were contained in Pub. L. 107–68, title I, § 131,
2018—Subsec. (a). Pub. L. 115–244, which directed amendment of “2 U.S.C. 1821” by inserting “To promote efficiency and economy in contracting and to avoid unnecessary burdens, the Architect of the Capitol is granted authority to utilize special simplified procedures for purchases of property and services the aggregate amount of which does not exceed $250,000.” before “Notwithstanding any other provision of law—”, was executed by making the insertion in subsec. (a) of section 1201 of Pub. L. 108–7, div. H, title I, which is classified to this section, to reflect the probable intent of Congress.
Pub. L. 115–244, div. B, title I, § 133(b),
This section shall apply with respect to fiscal year 2004, and each fiscal year thereafter.
Section is from the Legislative Branch Appropriations Act, 2004.
2007—Subsec. (b)(1). Pub. L. 110–161, § 1306(a)(1), substituted “Committees on Appropriations and Rules and Administration” for “Committee on Rules and Administration”.
Subsec. (b)(2). Pub. L. 110–161, § 1306(a)(2), substituted “the Committee on Appropriations of the House of Representatives and the House Office Building Commission” for “the House Office Building Commission”.
Subsec. (b)(3). Pub. L. 110–161, § 1306(a)(3), substituted “, for space to be leased for any other entity under subsection (a).” for period at end.
Pub. L. 110–161, div. H, title I, § 1306(b),
Section is from the Continuing Appropriations Resolution, 2007.
Subject to the approval of the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and the Senate, the Architect of the Capitol and the Librarian of Congress may transfer between themselves appropriations or other available funds to pay the costs incurred in acquiring real property pursuant to the authority of this section and the costs of necessary expenses incurred in connection with the acquisition of the property.
No obligation entered into pursuant to the authority of this section shall be in advance of, or in excess of, available appropriations.
This section shall apply with respect to fiscal year 2009 and each succeeding fiscal year.
Section is from the Legislative Branch Appropriations Act, 2009, which is div. G of the Omnibus Appropriations Act, 2009.
To the maximum extent practicable, the Architect of the Capitol shall include energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures in the Capitol Complex Master Plan.
Not later than 6 months after
Pub. L. 110–140, title XVI, § 1601,
The Architect of the Capitol shall establish a program for the collection and sale of recyclable materials collected from or on the Capitol buildings and grounds, in accordance with the procedures applicable under subchapter III of chapter 5 of subtitle I of title 40, to the sale of surplus property by an executive agency.
This section shall apply with respect to fiscal year 2009 and each fiscal year thereafter.
Section was formerly classified as a note under section 1811 of this title.
2014—Subsec. (c). Pub. L. 113–76 substituted “fiscal year 2009 and each fiscal year thereafter” for “each of the fiscal years 2009 through 2013”.
Section, Pub. L. 110–161, div. H, title I, § 1305,
The Architect of the Capitol may grant, upon such terms as the Architect of the Capitol considers advisable, including monetary consideration, easements for rights-of-way over, in, and upon the Capitol Grounds and any other public lands under the jurisdiction and control of the Architect of the Capitol.
No easement granted under this section may include more land than is necessary for the easement.
There is established in the Treasury an easement account for the Architect of the Capitol. The Architect of the Capitol shall deposit in the account all proceeds received relating to the granting of easements under this section. The proceeds deposited in that account shall be available to the Architect, in such amounts and for such purposes provided in appropriations acts.
Subject to subsection (f), the Architect may accept in-kind consideration instead of, or in addition to, any monetary consideration, for any easement granted under this section.
This section shall apply to fiscal year 2008 and each fiscal year thereafter.
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
Section is from the Legislative Branch Appropriations Act, 2010, which is div. A of Pub. L. 111–68.
This section may be cited as the “Architect of the Capitol Human Resources Act”.
The Congress finds that the Office of the Architect of the Capitol should develop human resources management programs that are consistent with the practices common among other Federal and private sector organizations.
It is the purpose of this section to require the Architect of the Capitol to establish and maintain a personnel management system that incorporates fundamental principles that exist in other modern personnel systems.
The Architect of the Capitol shall establish and maintain a personnel management system.
The Architect of the Capitol shall develop a system of oversight and evaluation to ensure that the personnel management system of the Architect of the Capitol achieves the requirements of subsection (c) and complies with all other relevant laws, rules and regulations. The Architect of the Capitol shall report to the Speaker of the House of Representatives, the House Office Building Commission, the Committee on Rules and Administration of the Senate, and the Joint Committee on the Library on an annual basis the results of its evaluation under this subsection.
Nothing in this section shall be construed to alter or supersede any other provision of law otherwise applicable to the Architect of the Capitol or its employees, unless expressly provided in this section.
Section was classified to section 166b–7 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is comprised of section 312 of Pub. L. 103–283. Subsec. (f) of section 312 of Pub. L. 103–283 amended sections 60m, 1201, 1205, and 1212 of this title.
1995—Subsec. (e). Pub. L. 104–1 struck out subsec. (e) which related to processing of discrimination complaints.
Pub. L. 104–1, title V, § 504(c)(1),
Pub. L. 110–161, div. H, title I, § 1302,
Pub. L. 108–83, title I, § 1101(b)–(d),
Pub. L. 107–68, title I, § 133(a),
Pub. L. 105–55, title III, § 310,
Notwithstanding any other provisions of law, in order to improve the economic use of the personal services of his employees, the Architect of the Capitol is authorized on and after
Section was classified to section 166b–6 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on section 102 of title I of H.R. 4390 (Legislative Branch Appropriation Act, 1980), as incorporated by reference by section 101(c) of Pub. L. 96–86, and enacted into law by section 106 of Pub. L. 100–202.
Pub. L. 100–202, § 106,
The electrician, together with everything pertaining to the electrical machinery and apparatus, and the ventilation and heating of the House of Representatives, and all laborers and others connected with the lighting, heating, and ventilating thereof, shall be subject exclusively to the orders, and in all respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval. And all engineers and others who are engaged in heating and ventilating the House shall be subject to the orders, and in all respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval.
Section was classified to section 167 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section, except the words “and the ventilation and heating of the House of Representatives,” is based on act
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
All engineers and others who are engaged in heating and ventilating the Senate wing of the Capitol shall be subject to the orders and in all respects under the direction of the Architect of the Capitol, subject to the approval of the Senate Committee on Rules and Administration.
Section was classified to section 168 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on act
1946—Act
Act Aug. 2, 1946, ch. 753, title I, § 142, 60 Stat. 834, provided that section 102 of that act shall take effect on
The detail of an employee under a joint agency agreement under this section shall be for such duration as may be provided in the agreement, except that in the case of a detail made on a non-reimbursable basis, the duration of the detail may not exceed one year unless the Architect of the Capitol and the head of the department, agency, or instrumentality involved each determine that an extension of the detail of the employee is in the public interest.
For purposes of any law, rule, or regulation, the detail of an employee on a non-reimbursable basis under a joint agency agreement under this section for a fiscal year shall not be treated as an increase or modification of the appropriation for the fiscal year of the office to whom the employee is detailed.
This section shall apply with respect to fiscal year 2019 and each succeeding fiscal year.
The effective date of this section, referred to in text, means immediately prior to noon on
Section was classified to section 166b–1a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
The Architect of the Capitol shall convert, as of the effective date of this section, to a single per annum gross rate, the rate of pay of each employee described in subparagraph (1) or subparagraph (2) of section 1841 of this title, whose pay immediately prior to such effective date was fixed at a basic rate with respect to which additional pay was payable by law.
The effective date of this section, referred to in text, means immediately prior to noon on
Section was classified to section 166b–1b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
The effective date of this section, referred to in text, means immediately prior to noon on
Section was classified to section 166b–1c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section was classified to section 166b–1d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section effective immediately prior to noon on
Section was classified to section 166b–1e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section effective immediately prior to noon on
Section 3 of the Legislative Pay Act of 1929, referred to in par. (3), amended section 2 of the Classification Act of 1923, which was classified to section 662 of former Title 5, Executive Departments and Government Officers and Employees. The Classification Act of 1923 was repealed and superseded by the Classification Act of 1949, Oct. 28, 1949, ch. 782, 63 Stat. 954, 972. The amendment of section 3 of the Legislative Pay Act of 1929 made by act
Section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, referred to in par. (4), means section 208 of act Oct. 9, 1940, ch. 780, title II, 54 Stat. 1056, which was classified to section 174k of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 104–186, title II, § 221(3)(B),
Section was classified to section 166b–1f of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section effective immediately prior to noon on
On and after
On and after
Section was classified to section 166b–3 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
“Chapter 51 and subchapter III of chapter 53 of title 5” substituted for “the Classification Act of 1949, as amended” in text on authority of Pub. L. 89–554, § 7(b),
1989—Pub. L. 101–163 substituted “four positions” for “three positions” and “Architect or Assistant Architect” for “Architect, Assistant Architect, or Second Assistant Architect of the Capitol”.
1975—Pub. L. 94–157 increased to two positions from one position the number of positions under the appropriation “Capitol Buildings”.
1968—Pub. L. 90–239 increased the compensation of one position under appropriation “Senate Office Buildings” from “$7,700” to “$8,200”.
1967—Pub. L. 90–206 increased the compensation from $7,700 to $8,200 per annum each of the three positions under the appropriation “Salaries, Office of the Architect of the Capitol”, of one position under the appropriation “Capitol Buildings”, and of one position under the appropriation “House Office Buildings”.
1965—Pub. L. 89–309 increased the compensation of one position under appropriation “Senate Office Buildings” from $7,020 to $7,700.
Amendment by Pub. L. 90–206 effective as of beginning of first pay period which begins on or after
Notwithstanding any other provision of law, the pay for positions described in subsection (b) shall be the amounts specified for such positions in appropriations Acts.
The pay for each position described in subsection (b) shall be the pay payable for such position with respect to the last pay period before this section takes effect, subject to any applicable adjustment during fiscal year 1988 under, or by reference to any applicable adjustment during fiscal year 1988 under, subchapter I of chapter 53 of title 5.
This section shall apply in fiscal years beginning after
The first undesignated paragraph under the center subheadings “
Section was classified to section 166b–3a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1989—Subsec. (b). Pub. L. 101–163 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The positions referred to in subsection (a) of this section are: (1) the two positions of assistant referred to in the proviso in the first undesignated paragraph under the center subheadings ‘
Pub. L. 108–7, div. H, title I, § 1206,
Pub. L. 107–68, title I, § 129(b),
The Architect of the Capitol may fix the rate of basic pay for not more than 32 positions at a rate not to exceed the highest total rate of pay for the Senior Executive Service under subchapter VIII of chapter 53 of title 5 for the locality involved.
Section was classified to section 166b–3b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2010—Pub. L. 111–316 amended section generally. Prior to amendment, section related to compensation of certain positions under jurisdiction of Architect of the Capitol, specifying twelve positions fixed in relation to Senior Executive Service, nine positions fixed in relation to the General Schedule, and four positions for Executive Project Directors.
2005—Subsec. (b). Pub. L. 109–55 substituted “9 positions” for “8 positions”.
2002—Subsec. (c). Pub. L. 107–117 added subsec. (c).
2001—Subsec. (a). Pub. L. 107–68, § 129(c)(1)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: “Effective as of the first day of the first applicable pay period beginning on or after
Subsecs. (b), (c). Pub. L. 107–68, § 129(c)(1), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:
“(1) Effective beginning with any pay period beginning on or after
“(A) for not more than one of the positions under paragraph (2) at a rate not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved; and
“(B) for any other position under paragraph (2), at such rate as the Architect considers appropriate for such position, not to exceed 85 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved.
“(2) Authority under paragraph (1) may be exercised with respect to any of the following positions under the jurisdiction of the Architect of the Capitol:
“(A) The Senior Landscape Architect.
“(B) The Administrative Assistant.
“(C) The Executive Officer.
“(D) The Budget Officer.
“(E) The General Counsel.
“(F) The Superintendent of the Senate Office Buildings.
“(G) The Superintendent of the House Office Buildings.
“(H) The Supervising Engineer of the United States Capitol.”
1997—Subsec. (a). Pub. L. 105–55, § 311(a), substituted “such rate as the Architect considers appropriate, not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved” for “the rate of basic pay payable for level V of the Executive Schedule”.
Subsec. (b)(1). Pub. L. 105–55, § 311(b)(1), struck out at end “For purposes of the preceding sentence, ‘the maximum rate allowable for the Senior Executive Service’ means the highest rate of basic pay that may be set for the Senior Executive Service under section 5382(b) of title 5.”
Subsec. (b)(1)(A), (B). Pub. L. 105–55, § 311(b)(2), substituted “the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved” for “the maximum rate allowable for the Senior Executive Service”.
1991—Subsec. (b)(1). Pub. L. 102–90, § 104(a)(3), inserted sentence at end relating to maximum rate allowable for Senior Executive Service.
Subsec. (b)(1)(A). Pub. L. 102–90, § 104(a)(1), substituted “90 percent of the maximum rate allowable for the Senior Executive Service;” for “the rate payable for grade GS–18 of the General Schedule;”.
Subsec. (b)(1)(B). Pub. L. 102–90, § 104(a)(2), substituted “85 percent of the maximum rate allowable for the Senior Executive Service.” for “the rate payable for step 2 of grade GS–17 of the General Schedule.”
Subsec. (c). Pub. L. 102–90, § 104(b), added subsec. (c).
Amendment by Pub. L. 111–316 applicable with respect to pay periods beginning on or after
Pub. L. 109–55, title I, § 1201(b),
Pub. L. 107–117, div. B, § 914(b),
Pub. L. 107–68, title I, § 129(c)(2),
Pub. L. 105–55, title III, § 311(c),
Notwithstanding any other provision of law, effective on the first day of the first applicable pay period which begins on or after
Notwithstanding any other provision of law, effective
The General Schedule, referred to in text, is set out under section 5332 of Title 5, Government Organization and Employees.
Section was classified to section 166b–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1994—Pub. L. 103–283 substituted “at not to exceed grade 12” for “to grade 11” in first par.
1990—Pub. L. 101–520 substituted “grade 11” for “grade 10” and struck out “and compensated initially at the same steps in such grade, currently in effect for their present grades, so long as such positions are held by the present incumbents” after “General Schedule” in first par.
Until otherwise provided by law, there is authorized to be paid out of the applicable accounts of the House of Representatives, on vouchers signed by the chairman of the Committee on House Oversight, a gratuity to the widow, widower, or heirs-at-law, of each deceased employee under the jurisdiction of the Architect of the Capitol who was assigned to duty in the House of Representatives at the time of his death. The payment of each such gratuity shall be in accordance with uniform rules and regulations adopted by the Committee on House Oversight except that no such gratuity shall be in excess of that payable to the widow, widower, or heirs-at-law of any deceased employee under the jurisdiction of the Architect of the Capitol having a comparable length of service, who was assigned to similar duties in the Senate at the time of his death.
Section was classified to section 166b–4 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on House Resolution No. 291,
1996—Pub. L. 104–186 substituted “applicable accounts” for “contingent fund” and substituted “House Oversight” for “House Administration” in two places.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Any agreement entered into under subsection (a) of this section shall not require the Architect to remit such sums more often than once each calendar quarter.
The Architect may enter into agreements under subsection (a) of this section at such time or times as he considers appropriate.
This section imposes no duty, burden, or requirement upon the United States, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section.
For the purposes of this section, “State” means any of the States of the United States.
Section was classified to section 166b–5 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
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.
Section 3 of the Legislative Pay Act of 1929, as amended (40 Stat. 38; 55 Stat. 615), referred to in text, which was an amendment of the Classification Act of 1923 and which was classified to section 662 of former Title 5, Executive Departments and Government Officers and Employees, was repealed by section 1202 of the Classification Act of 1949, Oct. 28, 1949, ch. 782, 63 Stat. 972.
The Classification Act of 1923, referred to in text, is act Mar. 4, 1923, ch. 265, 42 Stat. 1488, as amended, which was classified to section 661 et seq. of such former Title 5, and was repealed by section 1202 of the Classification Act of 1949.
Section was formerly classified to section 60e–2a of this title prior to editorial reclassification and renumbering as this section.
Section is comprised of section 204(a) of act
Section was classified to section 1084(a) of Title 5 prior to the general revision and enactment of Title 5 by Pub. L. 89–554, § 1,
“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,
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.
Section 6102 of title 5, referred to in text, was repealed by Pub. L. 92–392, § 7(a),
Sections 60e–3 and 60e–4 of this title, referred to in text, were omitted from the Code.
Section was formerly classified to section 60e–2b of this title prior to editorial reclassification and renumbering as this section.
Section was classified to section 933 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1,
“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,
1949—Act
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,
Appropriations under the control of the Architect of the Capitol shall be available for expenses of advertising and personal and other services.
Section was classified to section 689 of former Title 31, prior to the enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
Section consolidates provisions from the Legislative Branch Appropriation Acts for fiscal years 1930 and 1931.
Section was classified to section 166h of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
The Architect of the Capitol shall transfer amounts made available for construction projects during a fiscal year to the applicable appropriations accounts of the United States Capitol Police in order to reimburse the Capitol Police for overtime costs incurred in connection with such projects.
This section shall apply with respect to fiscal year 2013 and each succeeding fiscal year.
Section is from the Legislative Branch Appropriations Act, 2012, which is div. G of the Consolidated Appropriations Act, 2012.
Any expenditures required to implement the provisions of section 1818 of this title shall be paid from the appropriation “Contingent Expenses, Architect of the Capitol” and any funds appropriated under this head shall hereafter be available for such purpose.
Section was classified to section 166e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
On and after
Section was classified to section 166f of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on the words “to hereafter incur expenses authorized by the Act of
There is hereby established in the Treasury of the United States an account for the Architect of the Capitol to be known as “Capitol Police Buildings and Grounds” (hereinafter in this section referred to as the “account”).
This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year. Any amounts provided to the Architect of the Capitol prior to
Section was classified to section 166l of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2018—Subsecs. (b) to (d). Pub. L. 115–244 added subsec. (c), redesignated former subsec. (c) as (d), and amended subsec. (b) generally. Prior to amendment, text of subsec. (b) read as follows: “Funds in the account shall be used by the Architect of the Capitol for all necessary expenses for the maintenance, care, and operation of buildings and grounds of the United States Capitol Police.”
It shall not be a duty of the Architect of the Capitol to certify any pay roll or other voucher covering any expenditure from any appropriation for the Senate Office Building, or for any other building or activity, unless the obligation involved was incurred by him or under his direction.
Section was classified to section 174e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
On and after
Section was classified to section 166g of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Pub. L. 115–31, div. I, title I, § 1203,
Section was classified to section 162b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1976—Pub. L. 94–303 designated existing provisions as par. (1) and added par. (2).
For termination, effective
Not later than 60 days after the last day of each semiannual period, the Architect of the Capitol shall submit to Congress, with respect to that period, a detailed, itemized report of the disbursements for the operations of the Office of the Architect of the Capitol.
Each report under this section shall be printed as a House document.
This section shall apply with respect to the semiannual periods of January 1 through June 30 and July 1 through December 31 of each year, beginning with the semiannual period in which this section is enacted.
During fiscal year 2008 and each succeeding fiscal year, following notification of the Committees on Appropriations of the House of Representatives and the Senate, the Architect of the Capitol may make payments in advance for obligations of the Office of the Architect of the Capitol for subscription services if the Architect determines it to be more prompt, efficient, or economical to do so.
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
There is hereby established in the Treasury of the United States, as an account for the Architect of the Capitol, the House Historic Buildings Revitalization Trust Fund (hereafter in this section referred to as the “Fund”).
Amounts in the Fund shall be used by the Architect of the Capitol for the revitalization of the major historical buildings and assets of the House of Representatives which the Architect is responsible for maintaining and preserving, except that the Architect may not obligate any amounts in the Fund without the approval of the Committee on Appropriations of the House of Representatives.
Any amounts transferred to and merged with, or otherwise deposited into, the Fund shall remain available until expended.
This section and the amendment made by this section shall apply with respect to fiscal year 2010 and each succeeding fiscal year.
Section is comprised of section 1304 of Pub. L. 111–68. Subsec. (d) of section 1304 of Pub. L. 111–68 amended section 5507 of this title.
Section is from the Legislative Branch Appropriations Act, 2010, which is div. A of Pub. L. 111–68.
Notwithstanding section 1101, available balances of expired Architect of the Capitol appropriations shall be available to the Architect of the Capitol to make the deposit to the credit of the Employees’ Compensation Fund required by section 8147(b) of title 5.
This section shall apply with respect to appropriations for fiscal year 2013 and each year thereafter.
Section 1101, referred to in subsec. (a), is section 1101 of title I of div. F of Pub. L. 113—6,
Notwithstanding any other provision of law, the Architect of the Capitol may accept payment or authorize an employee of the Office of the Architect of the Capitol to accept payment on the Office’s behalf from non-Federal sources for travel, subsistence, and related expenses with respect to attendance of the employee (or the spouse of such employee) at any meeting or similar function relating to the employee’s official duties. Any cash payment so accepted shall be credited to the appropriation applicable to such expenses. In the case of a payment in kind so accepted, a pro rata reduction shall be made in any entitlement of the employee to payment from the Government for such expenses.
This section shall apply with respect to fiscal year 2019 and each succeeding fiscal year.
At the request of an immediate family member of a firefighter, law enforcement officer, member of a rescue squad or ambulance crew, or public safety officer who died in the line of duty, the Representative or Senator of the family may provide to the family a Capitol-flown flag, together with the certificate described in subsection (c).
A Capitol-flown flag provided under this section shall be provided at no cost to the family.
The certificate described in this subsection is a certificate which is signed by the Speaker of the House of Representatives and the Representative, or the President pro tempore of the Senate and the Senator, providing the Capitol-flown flag, as applicable, and which contains an expression of sympathy for the family involved from the House of Representatives or the Senate, as applicable.
Not later than 30 days after
The regulations issued under subsection (a) shall take effect upon approval by the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate.
There are authorized to be appropriated for each of fiscal years 2017 through 2028 such sums as may be necessary to carry out this subchapter, to be derived from amounts appropriated in each such fiscal year for the operation of the Architect of the Capitol, except that the aggregate amount appropriated to carry out this subchapter for all such fiscal years may not exceed $40,000.
2022—Pub. L. 117–328 substituted “through 2028” for “through 2022”.
This subchapter shall take effect on
There shall be a Capitol police. There shall be a captain of the Capitol police and such other members with such rates of compensation, respectively, as may be appropriated for by Congress from year to year. The Capitol Police shall be headed by a Chief who shall be appointed by the Capitol Police Board and shall serve at the pleasure of the Board.
Section was classified to section 206 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section was a composite of provisions of R.S. § 1821, act
R.S. § 1821 derived from acts Mar. 2, 1867, ch. 167, § 2, 14 Stat. 466; Mar. 3, 1873, ch. 226, 17 Stat. 488.
2010—Pub. L. 111–145, § 6(e)(3), amended first sentence of R.S. § 1821 by striking “, the members of which shall be appointed by the Sergeants-at-Arms of the two Houses and the Architect of the Capitol Extension” after “There shall be a Capitol police”.
Pub. L. 111–145, § 6(e)(2), repealed Pub. L. 108–7, § 1018(h)(1), and provided that the sentence repealed by such section is restored to appear at end of section. See 2003 Amendment note below.
Pub. L. 111–145, § 6(e)(1), struck out “The captain and lieutenants shall be selected jointly by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives; and one-half of the privates shall be selected by the Sergeant at Arms of the Senate and one-half by the Sergeant at Arms of the House of Representatives.” after “from year to year.”
2003—Pub. L. 108–7, § 1018(h)(1), which struck out last sentence which read “The Capitol Police shall be headed by a Chief who shall be appointed by the Capitol Police Board and shall serve at the pleasure of the Board.”, was repealed by Pub. L. 111–145, § 6(e)(2).
1979—Pub. L. 96–152 inserted last sentence providing that the Capitol Police be headed by a Chief who shall be appointed by the Capitol Police Board and who shall serve at the pleasure of the Board.
Pub. L. 111–145, § 6(d),
Pub. L. 111–145, § 6(e)(4),
Amendment by Pub. L. 108–7 effective
Pub. L. 96–152, § 7,
Pub. L. 117–77, § 1,
Pub. L. 115–45, § 1,
Pub. L. 111–145, § 1,
Pub. L. 110–178, § 1,
Pub. L. 110–161, div. H, title I, § 1004(a),
Pub. L. 117–31, title III, § 301,
Pub. L. 108–7, div. H, title I, § 1014,
Pub. L. 110–178, §§ 2, 3, 8,
Similar provisions were contained in Pub. L. 110–161, div. H, title I, § 1004(b), (c), (h),
Pub. L. 108–83, title I, § 1006,
Pub. L. 108–7, div. H, title I, § 1015,
Pub. L. 108–7, div. H, title I, § 1019,
Pub. L. 107–117, div. B, § 907(b),
Similar provisions as to the selection of privates were contained in the following acts:
June 8, 1942, ch. 396, 56 Stat. 340.
July 1, 1941, ch. 268, 55 Stat. 456.
June 18, 1940, ch. 396, 54 Stat. 471.
June 16, 1939, ch. 208, 53 Stat. 831.
May 17, 1938, ch. 236, 52 Stat. 389.
May 18, 1937, ch. 223, 50 Stat. 178.
Apr. 17, 1936, ch. 233, 49 Stat. 1223.
July 8, 1935, ch. 374, 49 Stat. 468.
May 30, 1934, ch. 372, 48 Stat. 826.
Feb. 28, 1933, ch. 134, 47 Stat. 1359.
June 30, 1932, ch. 314, 47 Stat. 390.
Feb. 20, 1931, ch. 234, 46 Stat. 1182.
June 6, 1930, ch. 407, 46 Stat. 512.
Feb. 28, 1929, ch. 367, 45 Stat. 1394.
May 14, 1928, ch. 551, 45 Stat. 524.
Feb. 23, 1927, ch. 168, 44 Stat. 1154.
May 13, 1926, ch. 294, 44 Stat. 545.
Mar. 4, 1925, ch. 549, 43 Stat. 1294.
June 7, 1924, ch. 303, 43 Stat. 586.
House Resolution No. 199, One Hundred Second Congress,
House Resolution No. 420, One Hundred First Congress,
House Resolution No. 661, Ninety-fifth Congress,
The purpose of the Capitol Police Board is to oversee and support the Capitol Police in its mission and to advance coordination between the Capitol Police and the Sergeant at Arms of the House of Representatives and the Sergeant at Arms and Doorkeeper of the Senate, in their law enforcement capacities, and the Congress. Consistent with this purpose, the Capitol Police Board shall establish general goals and objectives covering its major functions and operations to improve the efficiency and effectiveness of its operations.
The Capitol Police Board shall consist of the Sergeant at Arms of the House of Representatives, the Sergeant at Arms and Doorkeeper of the Senate, the Chief of the Capitol Police, and the Architect of the Capitol. The Chief of Capitol Police shall serve in an ex-officio capacity and be a non-voting member of the Board.
There shall be established in the Capitol Police an Executive Assistant for the Capitol Police Board to act as a central point for communication and enhance the overall effectiveness and efficiency of the Capitol Police Board’s administrative activities.
The Executive Assistant shall be appointed by the Chief of the Capitol Police in consultation with the Sergeant at Arms of the House of Representatives and the Sergeant at Arms and Doorkeeper of the Senate.
The Executive Assistant shall be assigned to, and report to, the Chairman of the Board. The Executive Assistant shall assist the Capitol Police Board in developing, documenting, and implementing a clearly defined process for additional tasks assigned to the Capitol Police Board under this section, and shall perform any additional duties assigned by the Capitol Police Board.
The Capitol Police Board shall document its functions and processes, including its mission statement, policies, directives, and operating procedures established or revised under subsection (a)(1) or (b), and make such documentation available for examination to the Speaker and minority leader of the House of Representatives, the President pro tempore and minority leader of the Senate, the Chief of the Capitol Police, and the Comptroller General.
The Capitol Police Board shall document Board meetings and make the documentation available for distribution to the Speaker and minority leader of the House of Representatives and the President pro tempore and minority leader of the Senate.
Upon request, the Comptroller General shall provide assistance to the Capitol Police Board in carrying out its responsibilities under this subsection.1
Section was formerly set out as a note under section 1901 of this title.
The Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives (referred to in this section as the “Committees”) are authorized to jointly conduct oversight hearings regarding the Capitol Police Board and may request the attendance of all members of the Capitol Police Board at any such hearing. Members of the Capitol Police Board shall attend a joint hearing under this section, as requested and under such rules or procedures as may be adopted by the Committees.
The Committees may conduct oversight hearings under this section as determined appropriate by the Committees, but shall conduct not less than one oversight hearing under this section during each Congress.
The annual rate of pay for the Chief of the Capitol Police shall be the amount equal to the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5.
Section was classified to section 206–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2022—Subsec. (c). Pub. L. 117–103 substituted “the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5.” for “$1,000 less than the maximum rate of pay in effect under section 4575(f) of this title.”
2019—Pub. L. 116–94 substituted “the maximum rate of pay in effect under section 4575(f) of this title.” for “the lower of the annual rate of pay in effect for the Sergeant-at-Arms of the House of Representatives or the annual rate of pay in effect for the Sergeant-at-Arms and Doorkeeper of the Senate.”
2003—Pub. L. 108–7 amended section generally. Prior to amendment, section read as follows: “The Chief of the Capitol Police shall receive compensation at a rate determined by the Capitol Police Board, but not to exceed $2,500 less than the lesser of the annual salary for the Sergeant at Arms of the House of Representatives or the annual salary for the Sergeant at Arms and Doorkeeper of the Senate.”
2002—Pub. L. 107–117 substituted “but not to exceed $2,500 less than the lesser of the annual salary for the Sergeant at Arms of the House of Representatives or the annual salary for the Sergeant at Arms and Doorkeeper of the Senate” for “but not to exceed the rate of basic pay payable for level ES–4 of the Senior Executive Service, as established under subchapter VIII of chapter 53 of title 5 (taking into account any comparability payments made under section 5304(h) of such title)”.
2000—Pub. L. 106–554 substituted “the rate of basic pay payable for level ES–4 of the Senior Executive Service, as established under subchapter VIII of chapter 53 of title 5 (taking into account any comparability payments made under section 5304(h) of such title)” for “the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5”.
Amendment by Pub. L. 117–103 effective on the first day of the first applicable pay period beginning on or after
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Pub. L. 108–7, div. H, title I, § 1013(d),
Pub. L. 107–117, div. B, § 907(c),
Pub. L. 106–554, § 1(a)(2) [title I, § 109(b)],
Section effective
There shall be within the United States Capitol Police an Office of Administration, to be headed by the Chief Administrative Officer, who shall report to and serve at the pleasure of the Chief of the Capitol Police.
The Chief Administrative Officer shall be appointed by the Chief of the United States Capitol Police, after consultation with the Capitol Police Board, without regard to political affiliation and solely on the basis of fitness to perform the duties of the position.
The annual rate of pay for the Chief Administrative Officer shall be the amount equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police.
Section was classified to section 206a–9 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2010—Subsec. (a). Pub. L. 111–145, § 2(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to the establishment of the Office of Administration and the appointment and compensation of the Chief Administrative Officer.
Subsec. (c). Pub. L. 111–145, § 2(a)(2), struck out subsec. (c) which related to the Chief Administrative Officer’s employment of personnel and access to resources of other agencies.
Subsecs. (d) to (g). Pub. L. 111–145, § 6(a), struck out subsecs. (d) to (g) which related to a plan for office policies, procedures, and actions, a report on progress made in such planning, submission of the plan and report to the appropriate congressional committees, and termination of the role of the Comptroller General.
2005—Subsec. (b)(2)(D). Pub. L. 109–55 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “shall prepare annual financial statements for the Capitol Police and provide for an annual audit of the financial statements by an independent public accountant in accordance with generally accepted government auditing standards.”
2004—Subsec. (a)(5). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
2003—Subsec. (a)(4). Pub. L. 108–7 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The Chief Administrative Officer shall receive basic pay at a rate determined by the Chief of the Capitol Police, but not to exceed $1,000 less than the annual rate of pay for the Chief of the Capitol Police.”
2001—Subsec. (a)(4). Pub. L. 107–68 substituted “the Chief of the Capitol Police, but not to exceed $1,000 less than the annual rate of pay for the Chief of the Capitol Police” for “the Capitol Police Board, but not to exceed the annual rate of basic pay payable for ES–2 of the Senior Executive Service, as established under subchapter VIII of chapter 53 of title 5 (taking into account any comparability payments made under section 5304(h) of such title)”.
2000—Pub. L. 106–346 amended section generally, substituting present provisions for similar provisions establishing within the Capitol Police an Office of Administration to be headed by a Chief Administrative Officer, providing that the Chief Administrative Officer would be appointed and his pay rate would be set by the Comptroller General, setting out the powers and duties of the Chief Administrative Officer, and providing that as of
Amendment by Pub. L. 109–55 effective
Amendment by Pub. L. 108–7 applicable with respect to the first pay period beginning on or after
Pub. L. 107–68, title I, § 122(b),
Pub. L. 106–346, § 101(a) [title V, § 507(b)],
Pub. L. 111–145, § 2(a)(6),
The Chief Administrative Officer of the United States Capitol Police, or when there is not a Chief Administrative Officer, the Chief of the Capitol Police, shall appoint certifying officers to certify all vouchers for payment from funds made available to the United States Capitol Police.
The liability of the certifying officers of the United States Capitol Police shall be enforced in the same manner and to the same extent as currently provided with respect to the enforcement of the liability of disbursing and other accountable officers, and such officers shall have the right to apply for and obtain a decision by the Comptroller General on any question of law involved in a payment on any vouchers presented to them for certification.
Section was classified to section 207d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2010—Subsecs. (a), (b)(1). Pub. L. 111–145 substituted “the Chief of the Capitol Police” for “the Capitol Police Board”.
Section was classified to section 207e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is from the Supplemental Appropriations Act, 2001.
2015—Subsec. (a)(1). Pub. L. 114–113, § 1001(a), substituted “District of Columbia), and from any other source in the case of assistance provided in connection with an activity that was not sponsored by Congress” for “District of Columbia)”.
Subsec. (a)(2). Pub. L. 114–113, § 1001(b), substituted “any law enforcement assistance for which reimbursement described in paragraph (1) is made” for “law enforcement assistance to any Federal, State, or local government agency (including any agency of the District of Columbia)”.
2010—Subsec. (a)(1). Pub. L. 111–145, § 2(b)(1)(A), substituted “United States Capitol Police” for “Capitol Police Board” in two places.
Subsec. (a)(2). Pub. L. 111–145, § 2(b)(1)(B), substituted “Chief of the United States Capitol Police” for “Capitol Police Board”.
Pub. L. 114–113, div. I, title I, § 1001(c),
Pub. L. 111–145, § 2(b)(2),
Notwithstanding any other provision of law, the Chief of the Capitol Police is authorized to receive moneys from the Department of the Treasury as reimbursements for salaries paid by the Capitol Police in connection with certain officers and members of the United States Capitol Police serving as instructors at the Federal Law Enforcement Training Center. Moneys so received shall be deposited in the Treasury of the United States as miscellaneous receipts.
Section was formerly classified to section 64–3 of this title.
Section is from the Supplemental Appropriations Act, 1977.
2003—Pub. L. 108–7 substituted “Chief of the Capitol Police” for “Secretary of the Senate” and “the Capitol Police” for “the United States Senate”.
Amendment by Pub. L. 108–7 effective
For transfer of functions, personnel, assets, and liabilities of the Federal Law Enforcement Training Center of the Department of the Treasury to the Secretary of Homeland Security, and for treatment of related references, see sections 203(4), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
Within the limits of available appropriations, the Capitol Police may dispose of surplus or obsolete property of the Capitol Police, and property which is in the possession of the Capitol Police because it has been disposed, forfeited, voluntarily abandoned, or unclaimed, by interagency transfer, donation, sale, trade-in, or other appropriate method.
Any amounts received by the Capitol Police from the disposition of property under subsection (a) shall be credited to the account established for the general expenses of the Capitol Police, and shall be available to carry out the purposes of such account during the fiscal year in which the amounts are received and the following fiscal year.
This section shall apply to fiscal year 2003 and each fiscal year thereafter.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7.
2017—Subsec. (a). Pub. L. 115–31 substituted “surplus or obsolete property of the Capitol Police, and property which is in the possession of the Capitol Police because it has been disposed, forfeited, voluntarily abandoned, or unclaimed,” for “surplus or obsolete property of the Capitol Police”.
Pub. L. 115–31, div. I, title I, § 1001(c),
The Chief of the Capitol Police shall be the disbursing officer for the Capitol Police. Any reference in any law or resolution before
Any statutory function, duty, or authority of the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate as disbursing officers for the Capitol Police shall transfer to the Chief of the Capitol Police as the single disbursing officer for the Capitol Police.
Until such time as the Chief notifies the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate that systems are in place for discharging the disbursing functions under this subsection, the House of Representatives and the Senate shall continue to serve as the disbursing authority on behalf of the Capitol Police.
There is established in the Treasury of the United States a separate account for the Capitol Police, into which shall be deposited appropriations received by the Chief of the Capitol Police and available for the salaries of the Capitol Police.
Until such time as the Chief notifies the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate that systems are in place for discharging the disbursing functions under subsection (a), the Chief shall have the authority to transfer amounts in the account to the House of Representatives and the Senate to the extent necessary to enable the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate to continue to serve as the disbursing authority on behalf of the Capitol Police pursuant to subsection (a)(3).
There is established in the Treasury of the United States a separate account for the Capitol Police, into which shall be deposited appropriations received by the Chief of the Capitol Police and available for the general expenses of the Capitol Police.
The Chief Administrative Officer of the House of Representatives and the Secretary of the Senate are authorized and directed to transfer to the Chief of the Capitol Police all funds, assets, accounts, and copies of original records of the Capitol Police that are in the possession or under the control of the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate in order that all such items may be available for the unified operation of the Capitol Police. Any funds so transferred shall be deposited in the Treasury accounts established under subsection (b) and be available to the Chief of the Capitol Police for the same purposes as, and in like manner and subject to the same conditions as, the funds prior to the transfer.
Any transfer authority existing before
Except as may otherwise be provided in law, the unexpended balances of appropriations for the fiscal year 2003 and succeeding fiscal years that are subject to disbursement by the Chief of the Capitol Police shall be withdrawn as of September 30 of the fifth fiscal year following the period or year for which provided. Unpaid obligations chargeable to any of the balances so withdrawn or appropriations for prior years shall be liquidated from any appropriations for the same general purpose, which, at the time of payment, are available for disbursement.
The Chief of the Capitol Police, in carrying out the duties of office, is authorized to appoint, hire, suspend with or without pay, discipline, discharge, and set the terms, conditions, and privileges of employment of employees of the Capitol Police, subject to and in accordance with applicable laws and regulations.
The Chief may terminate an officer, member, or employee only after the Chief has provided notice of the termination to the Capitol Police Board (in such manner as the Board may from time to time require) and the Board has approved the termination, except that if the Board has not disapproved the termination prior to the expiration of the 30-day period which begins on the date the Board receives the notice, the Board shall be deemed to have approved the termination.
Employees of the Capitol Police who are appointed by the Chief under the authority of this subsection shall be subject to the same type of benefits (including the payment of death gratuities, the withholding of debt, and health, retirement, Social Security, and other applicable employee benefits) as are provided to employees of the House of Representatives, and any such individuals serving as employees of the Capitol Police as of
The provisions of this section shall not be construed to reduce the pay or benefits of any employee of the Capitol Police whose pay was disbursed by the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate before
All provisions of law inconsistent with this section are hereby superseded to the extent of the inconsistency.
This section and the amendments made by this section shall take effect on
For the amendments made by this section, referred to in subsec. (i), see Codification note below.
Section is comprised of section 1018 of div. H of Pub. L. 108–7. Subsec. (h) of section 1018 of Pub. L. 108–7 amended sections 1901 and 1905a of this title and repealed section 1921 of this title.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7.
2014—Pub. L. 113–76 struck out subsec. (f) which established a worker’s compensation account for the Capitol Police.
2010—Subsec. (e)(1). Pub. L. 111–145 added par. (1) and struck out former par. (1) which authorized the Chief of the Capitol Police to appoint, hire, discharge, and set the terms, conditions, and privileges of employment of employees of the Capitol Police, subject to review and approval.
Pub. L. 113–76, div. I, title I, § 1002(c),
During fiscal year 2014 and any succeeding fiscal year, the Capitol Police may transfer amounts appropriated for the fiscal year between the category for salaries and the category for general expenses, upon the approval of the Committees on Appropriations of the House of Representatives and Senate.
Available balances of expired United States Capitol Police appropriations shall be available to the Capitol Police to make the deposit to the credit of the Employees’ Compensation Fund required by section 8147(b) of title 5.
Section applicable with respect to appropriations for fiscal year 2014 and each fiscal year thereafter, see section 1002(c) of Pub. L. 113–76, set out as an Effective Date of 2014 Amendment note under section 1907 of this title.
Any counsel described under paragraph (2) may for the purposes of providing legal assistance and representation to the United States Capitol Police Board or the United States Capitol Police enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof, without compliance with any requirement for admission to practice before such court.
Entrance of appearance authorized under subsection (a) shall be subject to the direction of the Capitol Police Board.
The authority under subsection (a) shall not apply with respect to the admission of any person to practice before the United States Supreme Court.
This section shall apply to fiscal year 2004, and each fiscal year thereafter.
Section is from the Legislative Branch Appropriations Act, 2004.
2010—Subsec. (a)(2)(A). Pub. L. 111–145, § 3(b)(1), substituted “the General Counsel to the Chief of Police and the United States Capitol Police” for “the General Counsel for the United States Capitol Police Board and the Chief of the Capitol Police”.
Subsec. (a)(2)(B). Pub. L. 111–145, § 4(a)(1), substituted “the Employment Counsel to the Chief of Police and the United States Capitol Police” for “the Employment Counsel for the United States Capitol Police Board and the United States Capitol Police”.
Pub. L. 111–145, § 3(b)(2),
Pub. L. 111–145, § 4(a)(2),
Pub. L. 111–145, § 4(b),
There is established in the United States Capitol Police the Office of the Inspector General (hereafter in this section referred to as the “Office”), headed by the Inspector General of the United States Capitol Police (hereafter in this section referred to as the “Inspector General”).
The Inspector General shall be appointed by, and under the general supervision of, the Capitol Police Board. The appointment shall be made in consultation with the Inspectors General of the Library of Congress, Government Publishing Office, and the Government Accountability Office. The Capitol Police Board shall appoint the Inspector General without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations.
The Inspector General shall serve for a term of 5 years, and an individual serving as Inspector General may be reappointed for not more than 2 additional terms.
The Inspector General may be removed from office prior to the expiration of his term only by the unanimous vote of all of the voting members of the Capitol Police Board, and the Board shall communicate the reasons for any such removal to the Committee on House Administration, the Senate Committee on Rules and Administration and the Committees on Appropriations of the House of Representatives and of the Senate.
The Inspector General shall be paid at an annual rate equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police.
The Capitol Police Board shall appoint the first Inspector General under this section not later than 180 days after
The Inspector General shall carry out the same duties and responsibilities with respect to the United States Capitol Police as an Inspector General of an establishment carries out with respect to an establishment under section 404 of title 5, under the same terms and conditions which apply under such section.
The Inspector General shall prepare and submit semiannual reports summarizing the activities of the Office in the same manner, and in accordance with the same deadlines, terms, and conditions, as an Inspector General of an establishment under section 405 (other than subsection (b)(13) thereof) of title 5. For purposes of applying section 405 of such title to the Inspector General, the Chief of the Capitol Police shall be considered the head of the establishment. The Chief shall, within 30 days of receipt of a report, report to the Capitol Police Board, the Committee on House Administration, the Senate Committee on Rules and Administration, and the Committees on Appropriations of the House of Representatives and of the Senate consistent with section 405(c) of such title.
The Inspector General may receive and investigate complaints or information from an employee or member of the Capitol Police concerning the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety, including complaints or information the investigation of which is under the jurisdiction of the Internal Affairs Division of the Capitol Police as of
The Inspector General shall not, after receipt of a complaint or information from an employee or member, disclose the identity of the employee or member without the consent of the employee or member, unless required by law or the Inspector General determines such disclosure is otherwise unavoidable during the course of the investigation.
An employee or member of the Capitol Police who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee or member as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.
Neither the Capitol Police Board, the Chief of the Capitol Police, nor any other member or employee of the Capitol Police may prevent or prohibit the Inspector General from carrying out any of the duties or responsibilities assigned to the Inspector General under this section.
The Inspector General may exercise the same authorities with respect to the United States Capitol Police as an Inspector General of an establishment may exercise with respect to an establishment under section 406(a) of title 5, other than paragraphs (7) and (8) of such section.
The Inspector General may appoint and fix the pay of such personnel as the Inspector General considers appropriate. Such personnel may be appointed without regard to the provisions of title 5 regarding appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no personnel of the Office (other than the Inspector General) may be paid at an annual rate greater than $500 less than the annual rate of pay of the Inspector General under subsection (b)(4).
The Inspector General may procure temporary and intermittent services under section 3109 of title 5 at rates not to exceed the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of such title.
No individual may carry out any of the duties or responsibilities of the Office unless the individual is appointed by the Inspector General, or provides services procured by the Inspector General, pursuant to this paragraph. Nothing in this subparagraph may be construed to prohibit the Inspector General from entering into a contract or other arrangement for the provision of services under this section.
None of the regulations governing the appointment and pay of employees of the Capitol Police shall apply with respect to the appointment and compensation of the personnel of the Office, except to the extent agreed to by the Inspector General. Nothing in the previous sentence may be construed to affect subparagraphs (A) through (C).
The Chief of the Capitol Police shall provide the Office with appropriate and adequate office space, together with such equipment, supplies, and communications facilities and services as determined by the Inspector General to be necessary for the operation of the Office, and shall provide necessary maintenance services for such office space and the equipment and facilities located therein.
To the extent that any office or entity in the Capitol Police prior to the appointment of the first Inspector General under this section carried out any of the duties and responsibilities assigned to the Inspector General under this section, the functions of such office or entity shall be transferred to the Office upon the appointment of the first Inspector General under this section.
The transfer of the functions of an office or entity to the Office under paragraph (1) may not result in a reduction in the pay or benefits of any employee of the office or entity, except to the extent required under subsection (d)(2)(A).
This section shall be effective on
The provisions of title 5 regarding appointments in the competitive service, referred to in subsec. (d)(2)(A), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.
Section is comprised of section 1004 of Pub. L. 109–55. Subsec. (g) of section 1004 of Pub. L. 109–55 amended section 1903 of this title.
Section is from the Legislative Branch Appropriations Act, 2006.
2022—Subsec. (c)(1). Pub. L. 117–286, § 4(b)(4)(A), substituted “section 404 of title 5,” for “section 4 of the Inspector General Act of 1978, (5 U.S.C. App. 4),”.
Subsec. (c)(2). Pub. L. 117–286, § 4(b)(4)(B), substituted “section 405 (other than subsection (b)(13) thereof) of title 5.” for “section 5 (other than subsection (a)(13) thereof) of the Inspector General Act of 1978, (5 U.S.C. App. 5).”, “section 405 of such title” for “section 5 of such Act”, and “section 405(c) of such title.” for “section 5(b) of such Act.”
Subsec. (d)(1). Pub. L. 117–286, § 4(b)(4)(C), substituted “section 406(a) of title 5, other than paragraphs (7) and (8) of such section.” for “section 6(a) of the Inspector General Act of 1978, (5 U.S.C. App. 6(a)), other than paragraphs (7) and (8) of such section.”
“Government Publishing Office” substituted for “Government Printing Office” in subsec. (b)(1) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Not later than 60 days after the last day of each semiannual period, the Chief of the Capitol Police shall submit to Congress, with respect to that period, a detailed, itemized report of the disbursements for the operations of the United States Capitol Police.
Each report under this section shall be printed as a House document.
This section shall apply with respect to the semiannual periods of October 1 through March 31 and April 1 through September 30 of each year, beginning with the semiannual period in which this section is enacted.
Section is from the Legislative Branch Appropriations Act, 2006.
There shall be within the United States Capitol Police the General Counsel to the Chief of Police and the United States Capitol Police (in this subsection referred to as the “General Counsel”), who shall report to and serve at the pleasure of the Chief of the United States Capitol Police.
The General Counsel shall be appointed by the Chief of the Capitol Police in accordance with section 1907(e)(1) of this title (as amended by section 2(a)(4)),1
Subject to subparagraph (B), the annual rate of pay for the General Counsel shall be fixed by the Chief of the Capitol Police.
The annual rate of pay for the General Counsel may not exceed an annual rate equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police.
Nothing in this section or the amendments made by this section may be construed to affect the status of the individual serving as the General Counsel to the Chief of Police and the United States Capitol Police as of
Section 2(a)(4), referred to in par. (2), means section 2(a)(4) of Pub. L. 111–145.
For the amendments made by this section, referred to in par. (5), see Codification note below.
Section is comprised of subsec. (a) of section 3 of Pub. L. 111–145. Subsec. (a)(4) of section 3 of Pub. L. 111–145 repealed section 84–2 of this title, now section 5521 of this title, and provisions set out as a note under section 1901 of this title.
Section, R.S. § 1822, provided that Capitol Police would be paid on the order of the Sergeant at Arms of the Senate or the House.
Section was classified to section 207 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Repeal effective
The determination of a rate or amount described in subsection (a) may not be subject to review or appeal in any manner.
This section shall apply with respect to fiscal year 2005 and each succeeding fiscal year.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
Payroll administration for the Capitol Police and civilian support personnel of the Capitol Police shall be carried out on a unified basis by a single disbursing authority. The Capitol Police Board, with the approval of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate, acting jointly, shall, by contract or otherwise, provide for such unified payroll administration.
Section was classified to section 207a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1996—Pub. L. 104–186 substituted “House Oversight” for “House Administration”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Pub. L. 102–397, title I, § 104,
[Pub. L. 102–392, title III, § 321,
Nothing in this section shall be construed to affect the appointing authority of any officer of the Senate or the House of Representatives.
The Family and Medical Leave Act of 1993, referred to in subsec. (b)(1)(D), is Pub. L. 103–3,
Section was classified to section 207b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Section, Pub. L. 92–184, ch. IV,
Section was classified to section 206b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Subsecs. (a) to (f) of this section were based on section 3 of H. Res. No. 449, Ninety-second Congress,
Subsec. (g) of this section was based on section 3 of H. Res. No. 1309, Ninety-third Congress,
As originally codified, this section consisted of two undesignated pars. based on sections 3 and 5 of H. Res. No. 449, Ninety-second Congress,
Section, Pub. L. 92–51,
Section was classified to section 206c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
In carrying out subsection (a)(1), the Chief of the Capitol Police may, by regulation, make applicable such provisions of section 5379 of title 5 as the Chief determines necessary to provide for such program.
The Capitol Police may not reimburse any individual under subsection (a)(1) for any repayments made by the individual prior to entering into an agreement with the Capitol Police to participate in the program under this section.
Any amount repaid by, or recovered from, an individual under subsection (a)(1) and its implementing regulations shall be credited to the appropriation account available for salaries or general expenses of the Capitol Police at the time of repayment or recovery. Such credited amount may be used for any authorized purpose of the account and shall remain available until expended.
The total amount paid by the Capitol Police with respect to any individual under the program under this section may not exceed $80,000.
Any determination made under the program under this section shall not be reviewable or appealable in any manner.
This section shall apply with respect to fiscal year 2003 and each succeeding fiscal year.
Section was classified to section 207b–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2020—Subsec. (c). Pub. L. 116–260 substituted “$80,000” for “$60,000”.
2019—Subsec. (c). Pub. L. 116–94 substituted “$60,000” for “$40,000”.
2003—Pub. L. 108–7 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (f) relating to student loan repayment program.
Pub. L. 108–7, div. H, title I, § 1020,
The Capitol Police Board (hereafter in this section referred to as the “Board”) may authorize the Chief of the United States Capitol Police (hereafter in this section referred to as the “Chief”) to pay a bonus to an individual who is newly appointed to a position as an officer or employee of the Capitol Police, and to pay an additional bonus to an individual who must relocate to accept a position as an officer or employee of the Capitol Police, if the Chief, in the Chief’s sole discretion, determines that such a bonus will assist the Capitol Police in recruitment efforts.
The amount of a bonus under this subsection shall be determined by regulations of the Board, but the amount of any bonus paid to an individual under this subsection may not exceed 25 percent of the annual rate of basic pay of the position to which the individual is being appointed.
Payment of a bonus under this subsection shall be contingent upon the individual entering into an agreement with the Capitol Police to complete a period of employment with the Capitol Police, with the required period determined pursuant to regulations of the Board. If the individual voluntarily fails to complete such period of service or is separated from the service before completion of such period of service for cause on charges of misconduct or delinquency, the individual shall repay the bonus on a pro rata basis.
A bonus under this subsection shall be paid as a lump sum, and may not be considered to be part of the basic pay of the officer or employee.
Under regulations of the Board, a bonus under this subsection may be paid to a newly-hired officer or employee before the officer or employee enters on duty.
Any determination of the Chief under this subsection shall not be appealable or reviewable in any manner.
The Board may authorize the Chief to pay an allowance to an officer or employee of the United States Capitol Police if the Chief, in the Chief’s sole discretion, determines that such a bonus will assist the Capitol Police in retention efforts.
A retention allowance, which shall be stated as a percentage of the rate of basic pay of the officer or employee, may not exceed 25 percent of such rate of basic pay.
A retention allowance may not be considered to be part of the basic pay of an officer or employee, and any determination of the Chief under this subsection, or the reduction or elimination of a retention allowance, shall not be appealable or reviewable in any manner. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under any of the laws made applicable to the Capitol Police pursuant to section 1302 of this title.
A retention allowance under this subsection shall be paid at the same time and in the same manner as the officer’s or employee’s basic pay is paid.
The Board may pay an incentive or merit bonus to an officer or employee of the United States Capitol Police who meets such criteria for receiving the bonus as the Board may establish.
A bonus under this subsection shall be paid as a lump sum, and may not be considered to be part of the basic pay of the officer or employee.
The payment of bonuses, allowances, step increases, compensation, and other payments pursuant to this section shall be carried out in accordance with regulations prescribed by the Board.
This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.
Section was classified to section 207b–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2003—Subsec. (a)(1). Pub. L. 108–7, § 1004(1)(A), substituted “the Chief, in the Chief’s sole discretion, determines that such a bonus will assist the Capitol Police in recruitment efforts” for “the Board determines that the Capitol Police would be likely, in the absence of such a bonus, to encounter difficulty in filling the position”.
Subsec. (a)(6). Pub. L. 108–7, § 1004(1)(B), added par. (6).
Subsec. (b)(1). Pub. L. 108–7, § 1006(1), substituted “if the Chief, in the Chief’s sole discretion, determines that such a bonus will assist the Capitol Police in retention efforts.” for “if—” and struck out pars. (A) and (B) which read as follows:
“(A) the unusually high or unique qualifications of the officer or employee or a special need of the Capitol Police for the officer’s or employee’s services makes it essential to retain the officer or employee; and
“(B) the Chief determines that the officer or employee would be likely to leave in the absence of a retention allowance.”
Subsec. (b)(3). Pub. L. 108–7, § 1006(2), which directed the substitution of “any determination of the Chief under this subsection, or the reduction or elimination of a retention allowance, shall not be appealable or reviewable in any manner” for “the reduction or the elimination of a retention allowance may not be appealed”, was executed by making the substitution for “the reduction or elimination of a retention allowance may not be appealed”, to reflect the probable intent of Congress.
Subsec. (e). Pub. L. 108–7, § 1004(2), (3), redesignated subsec. (f) as (e) and struck out former subsec. (e) which related to additional compensation for field training officers.
Subsec. (f). Pub. L. 108–7, § 1004(3), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).
Subsec. (f)(2). Pub. L. 108–7, § 1004(2), struck out heading and text of par. (2). Text read as follows: “The regulations prescribed pursuant to this subsection shall be subject to the approval of the Committee on Rules and Administration of the Senate, the Committee on House Administration of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives.”
Subsec. (g). Pub. L. 108–7, § 1004(3), redesignated subsec. (g) as (f).
Pub. L. 88–454, § 104(c),
[Section 4507 of this title, referred to above, not to apply, on or after
[Pub. L. 88–454, § 104(d),
Section, R.S. § 1823; Mar. 3, 1921, ch. 124, § 1, 41 Stat. 1291, related to suspension of members of the force.
Section was classified to section 208 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
R.S. § 1823 derived from acts Mar. 3, 1873, ch. 226, 17 Stat. 488; June 20, 1874, ch. 328, 18 Stat. 86; Mar. 3, 1875, ch. 129, 18 Stat. 345.
Section, Mar. 3, 1875, ch. 129, 18 Stat. 345, related to pay of members under suspension.
Section was classified to section 209 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section was based on a proviso in act
Notwithstanding any other provision of law, the rate of basic pay payable to an individual upon appointment to a position with the Capitol Police shall be at a rate within the minimum and maximum pay rates applicable to the position.
This section shall apply to fiscal year 2003 and each fiscal year thereafter.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7.
The Chief of the Capitol Police may establish and determine, from time to time, positions in salary classes of employees of the Capitol Police to be designated as employees with specialty assignments or proficiencies, based on the experience, education, training, or other appropriate factors required to carry out the duties of such employees.
The additional compensation authorized by this subsection shall be paid to an employee in a manner determined by the Chief or his designee except when the employee ceases to be assigned to the specialty assignment or ceases to maintain the required proficiency. The loss of such additional compensation shall not constitute an adverse action for any purpose.
Any determination under section 1
Level II of the Executive Schedule, referred to in subsec. (b)(2), is set out in section 5313 of Title 5, Government Organization and Employees.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7.
Any limits on the amount of premium pay which may be earned by officers and members of the Capitol Police during emergencies (as determined by the Capitol Police Board) shall be applied by the Chief of the Capitol Police on an annual basis and not on a pay period basis. Any determination under this subsection shall not be reviewable or appealable in any manner.
Subsection (a) shall apply with respect to hours of duty occurring on or after
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7.
No officer or employee of the United States Capitol Police whose service with the United States Capitol Police is terminated may receive any lump-sum payment with respect to accrued compensatory time off, except to the extent permitted under section 1313(c)(4) of this title.
The amendment made by subparagraph (A) shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2003, except that the amendment shall not apply with respect to any overtime work performed prior to
The Legislative Branch Appropriations Act, 2003, referred to in subsec. (b)(3)(B), is div. H of Pub. L. 108–7, which was approved
Section is comprised of section 5 of Pub. L. 111–145. Subsec. (a)(2) of section 5 of Pub. L. 111–145 repealed sections 1924 and 1925 of this title. Subsec. (b)(3)(A) of section 5 of Pub. L. 111–145 repealed section 1009 of the Legislative Branch Appropriations Act, 2003, Pub. L. 108–7, div. H, 117 Stat. 359, which is not classified to the Code.
Subject to the joint approval of the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, the Chief of the United States Capitol Police may waive in whole or in part a claim of the United States against a person arising out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, to an officer, member, or employee of the United States Capitol Police, if the collection of the claim would be against equity and good conscience and not in the best interests of the United States.
The Chief shall investigate each application for the waiver of a claim under subsection (a) and shall submit a written report of the investigation, including a description of the facts and circumstances of the claim, to the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, except that if the aggregate amount of the claim involved exceeds $1,500, the Comptroller General may also investigate the application and submit a written report of the investigation, including a description of the facts and circumstances of the claim, to the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate.
In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under subsection (a).
An erroneous payment, the collection of which is waived under subsection (a), is deemed a valid payment for all purposes.
This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States.
Subject to the approval of the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, the Chief shall promulgate rules and regulations to carry out this section.
This section shall apply with respect to payments of pay and allowances made at any time after the Chief became the disbursing officer for the United States Capitol Police pursuant to section 1907(a) of this title.
Section is from the Legislative Branch Appropriations Act, 2012, which is div. G of the Consolidated Appropriations Act, 2012.
The Capitol Police Board shall select and regulate the pattern for a uniform for the Capitol police and watchmen, and furnish each member of the force with the necessary belts and arms, payable from appropriations to the Capitol Police upon certification of payment by the Chief of the Capitol Police. Such arms so furnished or other arms as authorized by the Capitol Police Board shall be carried by each officer and member of the Capitol Police, while in the Capitol Buildings (as defined in section 5101 of title 40), and while within or outside of the boundaries of the United States Capitol Grounds (as defined in section 5102 of title 40), in such manner and at such times as the Capitol Police Board may, by regulations, prescribe.
Section was classified to section 210 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
R.S. § 1824 derived from act Mar. 30, 1867, ch. 20, § 1, 15 Stat. 11.
2004—Pub. L. 108–447, in first sentence, substituted “The Capitol Police Board” for “The Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives” and “payable from appropriations to the Capitol Police upon certification of payment by the Chief of the Capitol Police” for “payable out of the contingent fund of the Senate and House of Representatives upon the certificate of the officers above named” and, in second sentence, inserted “or other arms as authorized by the Capitol Police Board” after “furnished” and substituted “the Capitol Police Board” for “the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives”.
1977—Pub. L. 95–26 struck out “at a cost not to exceed twenty dollars per man,” after “furnish each member of the force with the necessary belts and arms,”.
1972—Pub. L. 92–607 directed that the arms be carried in the Capitol Buildings and within and without the boundaries of the United States Capitol Grounds according to regulations prescribed by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives.
Section was classified to section 210a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1977—Pub. L. 95–179 substituted “United States Secret Service Uniformed Division” for “Executive Protective Service” wherever appearing.
Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon
Section, R.S. § 1825, required members of the Capitol police to pay for their own uniforms.
Section was classified to section 211 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
R.S. § 1825 derived from act July 20, 1868, ch. 176, § 1, 15 Stat. 94.
The officers, privates, and watchmen of the Capitol police shall, when on duty, wear the regulation uniform.
Section was classified to section 212 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
The text of this section was taken from act
There is hereby established in the Treasury of the United States the United States Capitol Police Memorial Fund (hereafter in this part referred to as the “Fund”). All amounts received by the Capitol Police Board which are designated for deposit into the Fund, including amounts received in response to the shooting incident at the practice for the Congressional Baseball Game for Charity on
Section was classified to section 207c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2017—Pub. L. 115–45 substituted “deposit into the Fund, including amounts received in response to the shooting incident at the practice for the Congressional Baseball Game for Charity on
Section was classified to section 207c–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2017—Pub. L. 115–45 inserted “and certain other United States Capitol Police employees” at end of section catchline, designated existing provisions as subsec. (a), inserted heading, substituted “Except to the extent used or reserved for use under subsection (b) and subject to the regulations” for “Subject to the regulations”, and added subsec. (b).
For purposes of title 26, any contribution or gift to or for the use of the Fund shall be treated as a contribution or gift for exclusively public purposes to or for the use of an organization described in section 170(c)(1) of title 26.
Any payment from the Fund shall not be subject to any Federal, State, or local income or gift tax.
For purposes of title 26, notwithstanding section 501(c)(1)(A) of title 26, the Fund shall be treated as described in section 501(c)(1) of title 26 and exempt from tax under section 501(a) of title 26.
Section was classified to section 207c–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
The Capitol Police Board shall administer and manage the Fund (including establishing the timing and manner of making payments under section 1952 of this title) in accordance with regulations issued by the Board, subject to the approval of the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives. Under such regulations, the Board shall pay any balance remaining in the Fund upon the expiration of the 6-month period which begins on
Section was classified to section 207c–3 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2017—Pub. L. 115–45 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
This section and sections 1922, 1966, 1967, and 1969 of this title, referred to in subsec. (a), was in the original a reference to the act of
This Act, referred to in subsec. (a), probably means Pub. L. 101–520,
Section was classified to section 212a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2010—Subsec. (d). Pub. L. 111–145 repealed Pub. L. 110–161, § 1004(d)(1)(A). See 2007 Amendment note below.
2008—Subsec. (d). Pub. L. 110–178 added subsec. (d).
2007—Subsec. (d). Pub. L. 110–161, § 1004(d)(1)(A), which made an amendment identical to that made by Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
2003—Subsec. (a). Pub. L. 108–7 substituted “this section, sections 1922, 1966, 1967, and 1969 of this title (and regulations promulgated under section 1969 of this title), and chapter 51 of title 40” for “sections 193a to 193m, 212a, 212a–2, and 212b of this title and regulations promulgated under section 212b of this title,”.
2002—Subsec. (a). Pub. L. 107–117, §§ 901(c)(2)(A), 903(b)(2)(A), amended section identically, inserting “(a)” before “The Capitol Police shall police”.
Subsec. (b). Pub. L. 107–206 redesignated subsec. (b) relating to buildings or facilities acquired by the Chief Administrative Officer of the House of Representatives as (c).
Pub. L. 107–117, § 903(c)(2)(B), added subsec. (b) relating to buildings or facilities acquired by the Chief Administrative Officer of the House of Representatives.
Pub. L. 107–117, § 901(c)(2)(B), added subsec. (b) relating to buildings or facilities acquired by the Sergeant at Arms of the Senate.
Subsec. (c). Pub. L. 107–206 redesignated subsec. (b) relating to buildings or facilities acquired by the Chief Administrative Officer of the House of Representatives as (c).
1992—Pub. L. 102–392 and Pub. L. 102–397 amended directory language of Pub. L. 101–520 identically. See 1990 Amendment note below.
1990—Pub. L. 101–520, as amended by Pub. L. 102–392 and Pub. L. 102–397, amended section generally. Prior to amendment, section read as follows: “The Capitol Police shall police the United States Capitol Buildings and Grounds under the direction of the Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, and shall have the power to enforce the provisions of sections 193a to 193m, 212a, 212a–2, and 212b of this title and regulations promulgated under section 212b of this title, and to make arrests within the United States Capitol Buildings and Grounds for any violations of any law of the United States, of the District of Columbia, or of any State, or any regulation promulgated pursuant thereto: Provided, That the Metropolitan Police force of the District of Columbia are authorized to make arrests within the United States Capitol 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 Capitol Police Board, to enter such buildings to make arrests in response to complaints or to serve warrants or to patrol the United States Capitol Buildings and Grounds. For the purpose of this section, the word ‘grounds’ shall include the House Office Building parking area.”
1973—Pub. L. 93–198 inserted reference to violations of any law of the District of Columbia and struck out “, with the exception of the streets and roadways shown on the map referred to in section 193a of this title as being under the jurisdiction and control of the Commissioners of the District of Columbia” after “or to patrol the United States Capitol Buildings and Grounds”.
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.
Amendment by Pub. L. 110–178 effective
Pub. L. 108–7, div. H, title I, § 1016(d),
Amendment by section 902(b) of Pub. L. 107–206 effective as if included in the enactment of the Emergency Supplemental Act, 2002, Pub. L. 107–117, div. B, see section 902(c) of Pub. L. 107–206, set out as a note under section 2022 of this title.
Amendment by section 903(b) of Pub. L. 107–206 effective as if included in the enactment of the Emergency Supplemental Act, 2002, Pub. L. 107–117, div. B, see section 903(c) of Pub. L. 107–206, set out as a note under section 2002 of this title.
Amendment by section 901(c)(2) of Pub. L. 107–117 applicable with respect to fiscal year 2002 and each succeeding fiscal year, see section 2022(e) of this title.
Amendment by section 903(c)(2) of Pub. L. 107–117 applicable with respect to fiscal year 2002 and each succeeding fiscal year, see section 2002(e) of this title.
Pub. L. 102–397, title I, § 103,
Pub. L. 102–392, title III, § 310,
Pub. L. 93–198, title VII, § 771(d),
Act July 31, 1946, ch. 707, § 16(b), 60 Stat. 721, provided that:
Pub. L. 101–302, title III, § 313,
Pub. L. 95–175,
The Capitol Police Board is authorized to detail police from the House Office, Senate Office, and Capitol Buildings for police duty on the Capitol Grounds and on the Library of Congress Grounds.
Section was classified to section 212a–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Provisions of this section were enacted as permanent law in Pub. L. 96–432. Similar fiscal year provisions were contained in the following appropriation acts and have not been repeated since 1983:
Pub. L. 98–51, title I, § 112,
Pub. L. 97–276, § 101(e) [S. 2939, title I],
Pub. L. 97–51, § 101(c) [H.R. 4120, title I],
Pub. L. 96–536, § 101(c) [H.R. 7593, title I],
Pub. L. 95–391, title I,
Pub. L. 95–94, title I,
Pub. L. 94–440, title III,
Pub. L. 94–59, title III,
Pub. L. 93–371,
Pub. L. 93–145,
Pub. L. 92–342,
Pub. L. 92–51,
Pub. L. 91–382,
Pub. L. 91–145,
Pub. L. 90–417,
Pub. L. 90–57,
Pub. L. 89–545,
Pub. L. 89–90,
Pub. L. 88–454,
Pub. L. 88–248,
Pub. L. 87–730, § 104,
Pub. L. 87–130, § 104,
Pub. L. 86–628, § 104,
Pub. L. 86–176, § 104,
Pub. L. 85–570, § 104,
Pub. L. 85–75, § 104,
June 27, 1956, ch. 453, § 104, 70 Stat. 370.
Aug. 5, 1955, ch. 568, § 104, 69 Stat. 520.
July 2, 1954, ch. 455, title I, § 104, 68 Stat. 409.
Aug. 1, 1953, ch. 304, title I, § 106, 67 Stat. 332.
July 9, 1952, ch. 598, § 106, 66 Stat. 478.
Oct. 11, 1951, ch. 485, § 106, 65 Stat. 403.
Sept. 6, 1950, ch. 896, § 106, 64 Stat. 608.
June 22, 1949, ch. 235, § 106, 63 Stat. 230.
June 14, 1948, ch. 467, § 106, 62 Stat. 437.
July 17, 1947, ch. 262, § 106, 61 Stat. 377.
July 1, 1946, ch. 530, § 106, 60 Stat. 408.
June 13, 1945, ch. 189, § 106, 59 Stat. 259.
June 26, 1944, ch. 277, title I, § 105, 58 Stat. 354.
June 28, 1943, ch. 173, title I, 57 Stat. 230.
June 8, 1942, ch. 396, 56 Stat. 340.
July 1, 1941, ch. 268, 55 Stat. 456.
June 18, 1940, ch. 396, 54 Stat. 471.
It shall be the duty of the Capitol police on and after
Section was classified to section 214 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Effective
The paragraph under the heading “
This Act, referred to in subsec. (a)(2)(A), is Pub. L. 104–53,
Section 102 of the Legislative Branch Appropriations Act, 1989, referred to in subsec. (a)(2)(B), is section 102 of Pub. L. 100–458, title I,
In subsec. (b), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c),
Section was classified to section 212a–4 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Section was classified to section 212a–4a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
None of the funds made available in this or any other Act in prior fiscal years, this fiscal year, or any fiscal year thereafter may be used to install permanent, above-ground fencing around the perimeter, or any portion thereof, of the United States Capitol Grounds, as described in section 5102 of title 40.
Subject to the direction of the Capitol Police Board, the United States Capitol Police is authorized to protect, in any area of the United States, the person of any Member of Congress, officer of the Congress, as defined in section 4101(b) of this title, and any member of the immediate family of any such Member or officer, if the Capitol Police Board determines such protection to be necessary.
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.
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.
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.
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.
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.
Section was classified to section 212a–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Notwithstanding any other provision of law (except section 1341 of title 31), hereafter, the United States Capitol Police shall perform a threat assessment for former Speakers of the House of Representatives, and if warranted, any such former Speaker shall receive a United States Capitol Police protective detail for a period of not more than one year beginning on the date they leave such office, except that such former Speaker shall have the option to decline such protective detail at any time: Provided, That at the conclusion of the one year period, the United States Capitol Police shall perform a threat assessment to determine whether extension of the protective detail is warranted: Provided further, That, the protective detail may be extended beyond the initial one year period, with the concurrence of the relevant former Speaker, if the United States Capitol Police determines that information or conditions, including but not limited to violent threats, warrant such protection: Provided further, That the United States Capitol Police is authorized to enter into Memoranda of Understanding with relevant state and local law enforcement agencies, as needed, to carry out this section.
This section does not affect the authority of the Metropolitan Police force of the District of Columbia with respect to the area described in subsection (b).
As used in this section, the term “crime of violence” has the meaning given that term in section 16 of title 18.
Section was classified to section 212a–3 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2003—Subsec. (a)(3). Pub. L. 108–83, § 1003(a)(1)(A), struck out “and” after the semicolon.
Subsec. (a)(4). Pub. L. 108–83, § 1003(a)(1)(B), which directed the substitution of “under subsection (b)(1); and” for “in subsection (b) of this section.” was executed by making the substitution for language which read in the original “in subsection (b).”, to reflect the probable intent of Congress.
Subsec. (a)(5). Pub. L. 108–83, § 1003(a)(1)(C), added par. (5).
Subsec. (b). Pub. L. 108–83, § 1003(a)(2), designated existing provisions as par. (1) and added par. (2).
1996—Subsec. (a). Pub. L. 104–186 substituted “House Oversight” for “House Administration”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Pub. L. 108–83, title I, § 1003(c),
Pub. L. 108–83, title I, § 1003(b),
The Chief of the Capitol Police, with the approval of the Capitol Police Board, may designate a member of the Capitol Police to have responsibility for citation release.
Section was classified to section 212a–5 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
The Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, shall have exclusive charge and control of the regulation and movement of all vehicular and other traffic, including the parking and impounding of vehicles and limiting the speed thereof, within the United States Capitol Grounds; and said Board is authorized and empowered to make and enforce all necessary regulations therefor and to prescribe penalties for violation of such regulations, such penalties not to exceed a fine of $300 or imprisonment for not more than ninety days. Notwithstanding the foregoing provisions of this section those provisions of the District of Columbia Traffic Act of 1925, as amended, for the violation of which specific penalties are provided in said Act, as amended, shall be applicable to the United States Capitol Grounds. Prosecutions for violation of such regulations shall be in the Superior Court of the District of Columbia, upon information by the Corporation Counsel of the District of Columbia or any of his assistants.
Regulations authorized to be promulgated under this section shall be promulgated by the Capitol Police Board and such regulations may be amended from time to time by the Capitol Police Board whenever it shall deem it necessary: Provided, That until such regulations are promulgated and become effective, the traffic regulations of the District of Columbia shall be applicable to the United States Capitol Grounds.
All regulations promulgated under the authority of this section shall, when adopted by the Capitol Police Board, be printed in one or more of the daily newspapers published in the District of Columbia, and shall not become effective until the expiration of ten days after the date of such publication, except that whenever the Capitol Police Board deems it advisable to make effective immediately any regulation relating to parking, diverting of vehicular traffic, or the closing of streets to such traffic, the regulation shall be effective immediately upon placing at the point where it is to be in force conspicuous signs containing a notice of the regulation. Any expenses incurred under this subsection shall be payable from the appropriation “Uniforms and Equipment, Capitol Police”.
It shall be the duty of the Mayor of the District of Columbia, or any officer or employee of the government of the District of Columbia designated by said Mayor upon request of the Capitol Police Board, to cooperate with the Board in the preparation of the regulations authorized to be promulgated under this section, and any future amendments thereof.
The District of Columbia Traffic Act of 1925, referred to in subsec. (a), is act Mar. 3, 1925, ch. 443, 43 Stat. 1119, as amended, which is not classified to the Code.
Section was classified to section 212b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1973—Subsec. (a). Pub. L. 93–198, § 739(g)(6), struck out “, except on those streets and roadways shown on the map referred to in section 193a of this title as being under the jurisdiction and control of the Commissioner of the District of Columbia”.
1947—Subsec. (b). Act
Subsec. (c). Act
“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 first day of seventh calendar month which begins after
Pub. L. 87–873, § 1,
Pub. L. 93–198, title VII, § 771(d),
Except as otherwise provided in Reorg. Plan No. 3, of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon
Executive departments and Executive agencies may assist the United States Capitol Police in the performance of its duties by providing services (including personnel), equipment, and facilities on a temporary and reimbursable basis when requested by the Capitol Police Board or in accordance with paragraph (4) and on a permanent and reimbursable basis upon advance written request of the Capitol Police Board; except that the Department of Defense and the Coast Guard may provide such assistance on a temporary basis without reimbursement when assisting the United States Capitol Police in its duties directly related to protection under sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40.1
No services (including personnel), equipment, or facilities may be ordered, purchased, leased, or otherwise procured for the purposes of carrying out the duties of the United States Capitol Police by persons other than officers or employees of the Federal Government duly authorized by the Chairman of the Capitol Police Board to make such orders, purchases, leases, or procurements.
The Capitol Police Board may revoke a request for assistance provided under paragraph (4)(B)(ii)(III) upon consultation with appropriate Members of the Senate and House of Representatives in leadership positions.
With respect to any fiscal year in which an executive department or executive agency provides assistance under this section, the head of that department or agency shall submit a report not later than 90 days after the end of the fiscal year to the Chairman of the Capitol Police Board.
The report submitted under paragraph (1) shall contain a detailed account of all expenditures made by the Executive department or executive agency in providing assistance under this section during the applicable fiscal year.
After receipt of all reports under paragraph (2) with respect to any fiscal year, the Chairman of the Capitol Police Board shall submit a summary of such reports to the Committees on Appropriations of the Senate and the House of Representatives.
This section shall take effect on
Sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40, referred to in subsec. (a)(1), (3)(A), (4)(B)(ii)(III), was in the original a reference to the Act of
Section was classified to section 212c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2021—Subsec. (a)(1). Pub. L. 117–77, § 2(a)(1), inserted “or in accordance with paragraph (4)” before “and on a permanent”.
Subsec. (a)(4)(B). Pub. L. 117–77, § 2(a)(2)(A), struck out “advance” before “written request” in introductory provisions.
Subsec. (a)(4)(B)(ii)(III). Pub. L. 117–77, § 2(a)(2)(B), added subcl. (III).
Subsec. (a)(5). Pub. L. 117–77, § 2(a)(3), added par. (5).
Pub. L. 117–77, § 4,
At any time on or after
Section was classified to section 206d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
In addition to the authority provided under section 1971 of this title, at any time on or after
Section was classified to section 206d–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
At any time on or after
Section was classified to section 206e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Nothing in this section shall prohibit the Capitol Police from entering into an agreement for the reimbursement of services provided under this section with any Federal, State, or local agency.
Subject to approval by the Speaker of the House of Representatives (in consultation with the Minority Leader of the House of Representatives) and the Majority Leader of the Senate (in consultation with the Minority Leader of the Senate), acting jointly, the Capitol Police Board may prescribe regulations to carry out this section.
This section shall take effect on
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7.
2021—Subsec. (a). Pub. L. 117–77, § 2(b)(1), inserted “or as determined by the Chief of the Capitol Police in accordance with section 1970(a)(4)(B)(ii)(III) of this title,” after “Congress,” in introductory provisions and inserted concluding provisions.
Subsec. (c). Pub. L. 117–77, § 2(b)(2), (3), redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “Any individual appointed under subsection (a) shall be subject to—
“(1) qualification requirements as the Chief of the Capitol Police determines necessary; and
“(2) approval by the Capitol Police Board.”
Subsec. (d). Pub. L. 117–77, § 2(b)(3), (4), redesignated subsec. (f) as (d) and substituted “Majority Leader” for “President pro tempore”. Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 117–77, § 2(b)(2), (3), redesignated subsec. (g) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: “Any appointment under this section shall be subject to initial approval by the Capitol Police Board and to final approval by the Speaker of the House of Representatives (in consultation with the Minority Leader of the House of Representatives) and the President pro tempore of the Senate (in consultation with the Minority Leader of the Senate), acting jointly.”
Subsecs. (f), (g). Pub. L. 117–77, § 2(b)(3), redesignated subsecs. (f) and (g) as (d) and (e), respectively.
Amendment by Pub. L. 117–77 effective
In this section, the term “United States” means each of the several States of the United States, the District of Columbia, and the territories and possessions of the United States.
Subsection (b) shall not be construed to authorize the performance of law enforcement functions by a member of the Capitol Police in connection with the travel authorized under that subsection.
The Capitol Police shall be reimbursed for the overtime pay, travel, and related expenses of any member of the Capitol Police who travels under the authority of this section. Any reimbursement under this subsection shall be paid from the account under the heading “
Any amounts received by the Capitol Police for reimbursements under subsection (d) shall be credited to the accounts established for the general expenses or salaries of the Capitol Police, and shall be available to carry out the purposes of such accounts during the fiscal year in which the amounts are received and the following fiscal year.
This section shall apply to fiscal year 2005 and each fiscal year thereafter.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
From amounts made available for salaries and expenses of the Office of the Sergeant at Arms of the House of Representatives, the Sergeant at Arms of the House of Representatives shall reimburse the Capitol Police for the overtime pay, travel, and related expenses of any member of the Capitol Police who travels under the authority of this section.
Any amounts received by the Capitol Police for reimbursements under paragraph (1) shall be credited to the accounts established for the general expenses or salaries of the Capitol Police, and shall be available to carry out the purposes of such accounts during the fiscal year in which the amounts are received and the following fiscal year.
This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year.
The Capitol Police may accept the donation of animals to be used in the canine units of the Capitol Police.
This section shall apply with respect to fiscal year 2005 and each fiscal year thereafter.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
Except as provided in paragraph (2), the Chief of the Capitol Police, in accordance with regulations prescribed by the Attorney General and any regulations as the Capitol Police Board may prescribe, may consider, ascertain, determine, compromise, adjust, and settle, in accordance with the provisions of chapter 171 of title 28, any claim for money damages against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Capitol Police while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.
The 90-day period in subparagraph (A)(ii) may be extended for an additional period (not to exceed 90 days) for good cause by the Chairman of the applicable Committee, upon the request of the Chief of the Capitol Police.
Nothing in this paragraph may be construed to permit the Chairman of an applicable Committee to approve a proposal for the resolution of a claim described in paragraph (1) which is not consistent with the terms and conditions applicable under chapter 171 of title 28 to the resolution of claims for money damages against the United States.
For purposes of section 2672 of title 28, the Chief of the Capitol Police shall be the head of a Federal agency with respect to the Capitol Police.
The Capitol Police Board may prescribe regulations to carry out this subsection.
The Capitol Police Board may prescribe regulations to apply the provisions of section 3721 of title 31 for the settlement and payment of a claim against the Capitol Police by an employee of the Capitol Police for damage to, or loss of personal property incident to service.
No settlement and payment of a claim under regulations prescribed under this subsection may exceed the limits applicable to the settlement and payment of claims under section 3721 of title 31.
This section shall apply to fiscal year 2005 and each fiscal year thereafter.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
This section shall apply with respect to fiscal year 2005 and each succeeding fiscal year.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
2010—Subsec. (a)(1). Pub. L. 111–145 substituted “prior notification to the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and” for “prior notification to”.
Notwithstanding any other provision of law, any security information in the possession of the Capitol Police may be released by the Capitol Police to another entity, including an individual, only if the Capitol Police Board determines in consultation with other appropriate law enforcement officials, experts in security preparedness, and appropriate committees of Congress, that the release of the security information will not compromise the security and safety of the Capitol buildings and grounds or any individual whose protection and safety is under the jurisdiction of the Capitol Police.
Nothing in this section may be construed to affect the ability of the Senate and the House of Representatives (including any Member, officer, or committee of either House of Congress) to obtain information from the Capitol Police regarding the operations and activities of the Capitol Police that affect the Senate and House of Representatives.
The Capitol Police Board may promulgate regulations to carry out this section, with the approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives.
This Act, referred to in subsec. (e)(1), is div. G of Pub. L. 108–447,
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
The date of the enactment of this Act, referred to in subsec. (b), is the date of the enactment of Pub. L. 109–55, which was approved
Section is from the Legislative Branch Appropriations Act, 2006.
During fiscal year 2008 and each succeeding fiscal year, following notification of the Committees on Appropriations of the House of Representatives and the Senate, the Committee on House Administration of the House of Representatives, and the Committee on Rules and Administration of the Senate 1
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
2010—Pub. L. 111–145 inserted “the Committee on House Administration of the House of Representatives, and the Committee on Rules and Administration of the Senate” after “House of Representatives and the Senate,”.
Pub. L. 111–145, § 2(d)(2),
Upon notifying the Committees of Appropriations of the House of Representatives and Senate, the United States Capitol Police may accept surplus or obsolete property offered by another Federal department, agency, or office.
Section is from the Legislative Branch Appropriations Act, 2017, which is div. I of the Consolidated Appropriations Act, 2017.
Section applicable with respect to fiscal year 2017 and each succeeding fiscal year, see section 1001(c) of Pub. L. 115–31, set out as an Effective Date of 2017 Amendment note under section 1906 of this title.
The House of Representatives Office Building, which shall hereafter be designated as the House Office Building and the employment of all service, other than the United States Capitol Police, that may be appropriated for by Congress, necessary for its protection, care, and occupancy, shall be under the control and supervision of the Architect of the Capitol, subject to the approval and direction of a commission consisting of the Speaker of the House of Representatives and two Representatives in Congress, to be appointed by the Speaker. Vacancies occurring by resignation, termination of service as Representatives in Congress, or otherwise in the membership of said commission shall be filled by the Speaker, and any two members of said commission shall constitute a quorum to do business. The Architect of the Capitol shall submit annually to Congress estimates in detail for all services, other than the United States Capitol Police, and for all other expenses in connection with said office building and necessary for its protection, care, and occupancy; and said commission herein referred to shall from time to time prescribe rules and regulations to govern said architect in making all such employments, together with rules and regulations governing the use and occupancy of all rooms and space in said building.
Section was classified to section 175 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on act
2010—Pub. L. 111–145 substituted “other than the United States Capitol Police” for “other than officers and privates of the Capitol police” in two places.
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
Pub. L. 112–234, § 1,
Act Mar. 3, 1903, ch. 1007, 32 Stat. 1113, authorized acquisition of a site for and the construction of the House Office Building, and appointment of a Commission to supervise its construction.
Joint Resolution
Pub. L. 104–197, title III, § 307,
Pub. L. 114–223, div. C, § 176, as added by Pub. L. 114–254, div. A, § 101(3),
Pub. L. 113–76, div. I, title I, § 1302,
Pub. L. 104–99, title I, § 121,
[Pub. L. 104–134, title II, § 21103,
Pub. L. 98–367, title I,
Pub. L. 104–53, title III, § 306,
House Resolution No. 402, One Hundred First Congress,
“SECTION 1. DESIGNATIONS.
“(a)
“(b)
“SEC. 2. REFERENCES.
“Any reference in a law, map, regulation, document, paper, or other record of the United States to a building referred to in section 1 shall be deemed to be a reference to the building as designated in that section.
“SEC. 3. STATUES.
“The Speaker of the House of Representatives may purchase or accept as a gift to the House of Representatives, for permanent display in the appropriate building designated in section 1, a suitable statue or bust of the individual for whom the building is named. Such purchase or acceptance shall be carried out—
“(1) in the case of the building referred to in section 1(a), in consultation with the majority leader of the House of Representatives; and
“(2) in the case of the building referred to in section 1(b), in consultation with the minority leader of the House of Representatives.”
Pub. L. 94–6, ch. I,
Act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41, known as the Additional House Office Building Act of 1955, authorized the construction of an additional fireproof office building for use of the House of Representatives, on a site approved by the House Office Building Commission, in accordance with plans prepared by the Architect of the Capitol and approved by the Commission, authorized the Architect of the Capitol to acquire certain real property in the District of Columbia, subject to the approval of the Commission, for construction of the office building or for additions to the United States Capitol Grounds, designated the necessary procedure for condemnation proceedings conducted pursuant to such real property acquisition, authorized the demolition of certain buildings by the Architect, and appropriated $5,000,000 and authorized such additional appropriations as the Commission deemed necessary for the construction project.
Pub. L. 92–313, § 8,
House Resolution No. 208, Ninety-fourth Congress,
For inclusion of additional areas and buildings as part of the United States Capitol grounds, see order of the House Office Building Commission affecting the Capitol grounds and buildings, set out as a note under section 5102 of Title 40, Public Buildings, Property, and Works.
Pub. L. 100–458, title I,
Pub. L. 93–245, ch. VI,
Notwithstanding any other provision of law, in order to respond to an emergency situation, the Chief Administrative Officer of the House of Representatives may acquire buildings and facilities, subject to the availability of appropriations, for the use of the House of Representatives by lease, purchase, or such other arrangement as the Chief Administrative Officer considers appropriate (including a memorandum of understanding with the head of an executive agency, as defined in section 105 of title 5, in the case of a building or facility under the control of such Agency), subject to the approval of the House Office Building Commission.
Notwithstanding any other provision of law, the Architect of the Capitol may take any action necessary to carry out an agreement entered into with the Chief Administrative Officer pursuant to subsection (b).
Subject to the approval of the Committee on Appropriations of the House of Representatives, the Architect of the Capitol may transfer to the Chief Administrative Officer amounts made available to the Architect for necessary expenses for the maintenance, care and operation of the House office buildings during a fiscal year in order to cover any portion of the costs incurred by the Chief Administrative Officer during the year in acquiring a building or facility pursuant to subsection (a).
This section and the amendments made by this section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.
For the amendments made by this section, referred to in subsec. (e), see Codification note below.
Section was classified to section 175a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is comprised of section 903 of Pub. L. 107–117. Subsec. (c)(2) of section 903 of Pub. L. 107–117 amended section 1961 of this title.
2002—Subsec. (a). Pub. L. 107–206 substituted “buildings and facilities, subject to the availability of appropriations,” for “buildings and facilities”.
Pub. L. 107–206, title I, § 903(c),
The Speaker shall continue a member of the commission in control of said building until his successor as Speaker is elected or his term as a Representative in Congress shall have expired.
Section was classified to section 176 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on act
The assignment of rooms in the House Office Building, made prior to
Section was classified to section 177 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Any Member or Member-elect of the House of Representatives may file with the Architect of the Capitol a request in writing that any individual office room be assigned to him whenever it shall become vacant. If only one such request has been made for any room which shall at any time have become vacant, the room shall be assigned as requested. If two or more requests are made for the same vacant room, preference shall be given to the Representative making the request who has been longest in continuous service as a Member and Member-elect of the House of Representatives. If two or more Representatives with equal length of continuous service, or two or more Representatives-elect make request for the same room, preference shall be given to the one first preferring his request.
Section was classified to section 178 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
A Representative or Representative-elect making request for the assignment of a vacant room may withdraw the same at any time and no one shall have pending at the same time more than one such request. The assignment of a new room to a Representative, upon his request, or the appointment of any Representative having an individual office room as chairman of a committee having a committee room, shall act as a relinquishment by him of the room previously assigned to him.
Section was classified to section 179 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Representatives having rooms assigned to them in the foregoing manner may exchange rooms one with another, but such exchange shall be valid only so long as both Members making the exchange shall remain continuously Members or Members-elect of the House of Representatives.
Section was classified to section 180 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
The Architect of the Capitol shall keep a record of the assignment of rooms made, exchanges which may be made, requests for vacant rooms which may be filed, and the assignment thereof, which record shall be open for the inspection of Representatives or Representatives-elect of the House.
Section was classified to section 181 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
In the matter of the assignment of rooms under sections 2004 to 2011 of this title, Delegates in Congress and the Commissioner from Puerto Rico shall be treated the same as Representatives.
Section was classified to section 182 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Words “and the Philippine Islands” after “Puerto Rico” were omitted pursuant to 1946 Proc. No. 2695, eff.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Section 2106 of Title 5, Government Organization and Employees, provides that the term “Members of Congress” shall include the “Resident Commissioner from Puerto Rico.”
The assignment and reassignment of the rooms and other space in the House Office Building shall be subject to the control of the House of Representatives by rule, resolution, order, or otherwise. Nothing in sections 2004 to 2011 of this title shall be construed to affect or repeal the provisions of section 2001 of this title, placing said House Office Building under the control of the Architect of the Capitol, subject to the approval and direction of the commission provided therein.
Section was classified to section 183 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
Unoccupied space in said building shall be assigned by the Architect of the Capitol under the direction of the commission and subject to the control of the House of Representatives.
Section was classified to section 184 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
The Chief Administrative Officer of the House of Representatives shall supervise and direct the care and repair of all furniture in the Hall, cloakrooms, lobby, committee rooms, and offices of the House, and all furniture required for the House of Representatives or for any of its committee rooms or offices shall be procured on designs and specifications made or approved by the Chief Administrative Officer.
Section was classified to section 169 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on par. from act
2010—Pub. L. 111–248 amended section generally. Prior to amendment, text read as follows: “The Architect of the Capitol shall supervise and direct the care and repair of all furniture in the Hall, cloakrooms, lobby, committee rooms, and offices of the House, and all furniture required for the House of Representatives or for any of its committee rooms or offices shall be procured on designs and specifications made or approved by the said Architect.”
There is established in the Treasury a revolving fund for the House of Representatives gymnasium. The Architect of the Capitol shall deposit in the fund such amounts as the Architect may receive as gymnasium dues or assessments from Members of the House of Representatives and other authorized users of the gymnasium. The amounts so deposited shall be available for obligation by the Architect for expenses of the gymnasium.
Section was formerly classified to section 117i of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1993, which is title I of the Legislative Branch Appropriations Act, 1993.
Upon completion of the additional office building for the United States Senate, the building and the grounds and sidewalks surrounding the same shall be subject to the provisions of sections 1922, 1961, 1966, 1967, 1969, 2023, and 2024 of this title and sections 5101 to 5107 and 5109 of title 40, in the same manner and to the same extent as the present Senate Office Building and the grounds and sidewalks surrounding the same.
Sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40, referred to in text, was in the original a reference to the Act of July 31, 1946, ch. 707, 60 Stat. 718. Sections 9, 9A, 9B, 9C, and 14 of the Act are classified, respectively, to sections 1961, 1966, 1967, 1922, and 1969 of this title, and section 16(b) of the Act is set out as a note under section 1961 of this title. Sections 1 to 8, 10 to 13, and 16(a) of the Act, which were classified to sections 193a to 193m of former Title 40, Public Buildings, Property, and Works, were repealed and reenacted as sections 5101 to 5107 and 5109 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§ 1, 6(b),
Sections 2023 and 2024 of this title, referred to in text, was in the original a reference to “the Act of
Section was classified to section 174b–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Pub. L. 102–330, § 1,
Pub. L. 111–310, § 1,
Pub. L. 101–520, title I, § 107,
Pub. L. 94–157, title I, § 112,
Pub. L. 92–607, ch. V,
Pub. L. 92–607, ch. V,
Pub. L. 85–429,
Notwithstanding any other provision of law, in order to respond to an emergency situation, the Sergeant at Arms of the Senate may acquire buildings and facilities, subject to the availability of appropriations, for the use of the Senate, as appropriate, by lease, purchase, or such other arrangement as the Sergeant at Arms of the Senate considers appropriate (including a memorandum of understanding with the head of an executive agency, as defined in section 105 of title 5, in the case of a building or facility under the control of such Agency). Actions taken by the Sergeant at Arms of the Senate must be approved by the Committees on Appropriations and Rules and Administration.
Notwithstanding any other provision of law, the Architect of the Capitol may take any action necessary to carry out an agreement entered into with the Sergeant at Arms of the Senate pursuant to subsection (b).
Subject to the approval of the Committee on Appropriations of the Senate, the Architect of the Capitol may transfer to the Sergeant at Arms of the Senate amounts made available to the Architect for necessary expenses for the maintenance, care and operation of the Senate office buildings during a fiscal year in order to cover any portion of the costs incurred by the Sergeant at Arms of the Senate during the year in acquiring a building or facility pursuant to subsection (a).
This section and the amendments made by this section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.
For the amendments made by this section, referred to in subsec. (e), see Codification note below.
Section was classified to section 174b–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is comprised of section 901 of Pub. L. 107–117. Subsec. (c)(2) of section 901 of Pub. L. 107–117 amended section 1961 of this title.
2002—Subsec. (a). Pub. L. 107–206 substituted “buildings and facilities, subject to the availability of appropriations,” for “buildings and facilities”.
Pub. L. 107–206, title I, § 902(c),
On and after
Section was classified to section 174c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2010—Pub. L. 111–145 substituted “other than for the United States Capitol Police” for “other than for officers and privates of the Capitol Police” in two places.
1946—Act
Act Aug. 2, 1946, ch. 753, title I, § 142, 60 Stat. 834, provided that section 102 of that act shall take effect on
On and after
Section was classified to section 174d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1946—Act
Act Aug. 2, 1946, ch. 753, title I, § 142, 60 Stat. 834, provided that section 102 of that act shall take effect on
Section was classified to section 185a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1980—Subsec. (a). Pub. L. 96–444, § 1(a)(1), designated existing provision as subsec. (a) and substituted provision transferring, on
Subsec. (b). Pub. L. 96–444, § 1(b), added subsec. (b).
1964—Pub. L. 88–454 redesignated the Legislative Garage as the Senate Garage, transferred the authority to promulgate rules from the Vice President and the Speaker of the House to the Senate Committee on Rules and Administration, and directed that the regulations provide for the continued assignment of space and the continued furnishing of service for official motor vehicles of the House and the Senate and the Architect of the Capitol and Capitol Grounds maintenance equipment.
Title I of S. 2939, Ninety-seventh Congress, 2d Session, as reported
Pub. L. 96–444, § 2,
There is established in the Treasury of the United States a revolving fund to be known as the Senate Staff Health and Fitness Facility Revolving Fund (“the revolving fund”).
Subject to the approval of the Committee on Appropriations of the Senate, amounts in the revolving fund shall be available to the Architect of the Capitol, without fiscal year limitation, for payment of costs of the Senate Staff Health and Fitness Facility.
The Architect of the Capitol shall withdraw from the revolving fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in the revolving fund that the Architect determines are in excess of the current and reasonably foreseeable needs of the Senate Staff Health and Fitness Facility.
The Committee on Rules and Administration of the Senate shall promulgate regulations pertaining to the operation and use of the Senate Staff Health and Fitness Facility.
Section was formerly classified to section 121f of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 2001, which is title I of the Legislative Branch Appropriations Act, 2001.
2003—Subsecs. (a), (b)(1). Pub. L. 108–7, § 1207(1), (2), inserted “Staff” after “Senate”.
Subsec. (c). Pub. L. 108–7, § 1207(3), inserted “Staff” after “costs of the Senate”.
Subsec. (d). Pub. L. 108–7, § 1207(4), inserted “Staff” after “Senate”.
Subsec. (e). Pub. L. 108–7, § 1207(5), added subsec. (e) and struck out former subsec. (e) which read as follows: “Subject to the approval of the Committee on Rules and Administration of the Senate, the Architect of the Capitol may issue such regulations as may be necessary to carry out the provisions of this section.”
Notwithstanding any other authority with respect to the jurisdiction and control over the management of the House Restaurant and the cafeteria and other food service facilities of the House of Representatives, the jurisdiction over such restaurant and facilities and authority over the direction and supervision of the immediate management and operation thereof shall be vested in the Committee on House Oversight; and the immediate management and operation of such restaurant and facilities may be vested in such official or other authority, acting as the agent of the committee, as the committee may designate; and the official or authority so designated shall perform the duties vested in the Architect of the Capitol by section 208 of the First Supplemental Civil Functions Appropriation Act, 1941 (54 Stat. 1056; Public, No. 812, Seventy-sixth Congress).
The Architect of the Capitol is hereby authorized and directed to transfer, as the Committee on House Oversight directs, all accounts, records, supplies, equipment, and assets of the House Restaurant and the cafeteria and other food service facilities of the House which are in the possession or under the control of the Architect of the Capitol in order that all such items may be available for the maintenance and operation of the House Restaurant under the authority of, and as directed by, the Committee on House Oversight.
All authority, responsibility, and functions vested in or imposed upon the Architect of the Capitol in connection with the special deposit account established by section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, shall be vested in or imposed upon such other official, authority, or authorities as the Committee on House Oversight may designate.
The provisions of this section shall become effective on the first day of the first calendar month beginning after the date of adoption of this resolution, until otherwise provided by law.
Section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, referred to in subsecs. (a) and (c), means section 208 of act Oct. 9, 1940, ch. 780, title II, 54 Stat. 1056, which was classified to section 174k of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 104–186, title II, § 221(3)(B),
The date of adoption of this resolution, referred to in subsec. (d), is
Section was classified to section 174k of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on section 2 of House Resolution No. 317, Ninety-second Congress,
1996—Subsecs. (a) to (c). Pub. L. 104–186 substituted “House Oversight” for “House Administration” wherever appearing.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Pub. L. 104–53, title I, § 107A,
[Pub. L. 104–197, title I, § 101(b),
Pub. L. 99–500, § 111,
Effective
“Section 5104(c) of title 40” substituted in text for “section 4 of the Act of July 31, 1946 (40 U.S.C. 193d)” on authority of Pub. L. 107–217, § 5(c),
Section was classified to section 174j–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1999—Pub. L. 106–57 inserted at end: “The provisions of section 193d of this title, except for the provisions relating to solicitation, shall not apply to any activity carried out pursuant to this section, subject to the approval of such activities by the Committee on Rules and Administration.”
The Architect of the Capitol is authorized and directed to carry into effect for the United States Senate the provisions of sections 2042 to 2047 of this title and to exercise the authorities contained herein, and any resolution of the Senate amendatory hereof or supplementary hereto hereafter adopted. Such authority and direction shall continue until the United States Senate shall by resolution otherwise order, or until the Senate Committee on Rules and Administration shall by resolution order the restaurants to be returned to the committee’s jurisdiction.
Herein, referred to in text, means Pub. L. 87–82,
Section was classified to section 174j–3 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
There is established with the Treasurer of the United States a special deposit account in the name of the Architect of the Capitol for the United States Senate Restaurants, into which shall be deposited all sums received pursuant to sections 2042 to 2047 of this title or any amendatory or supplementary resolutions hereafter adopted and from the operations thereunder and from which shall be disbursed the sums necessary in connection with the exercise of the duties required under sections 2042 to 2047 of this title or any amendatory or supplementary resolutions and the operations thereunder. Any amounts appropriated for fiscal year 1973 and thereafter from the Treasury of the United States, which shall be part of a “Contingent Expenses of the Senate” item for the particular fiscal year involved, shall be paid to the Architect of the Capitol by the Secretary of the Senate at such times and in such sums as the Senate Committee on Rules and Administration may approve. Any such payment shall be deposited by the Architect in full under such special deposit account.
Section was classified to section 174j–4 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1972—Pub. L. 92–342 substituted provision that amounts appropriated for 1973 and thereafter which shall be part of “Contingent Expenses of the Senate” be paid to the Architect of the Capitol, for provision that amounts appropriated for 1972 and thereafter specifically for Senate Restaurants as “Contingent Expenses of the Senate” be paid to Architect of the Capitol.
1971—Pub. L. 92–51 substituted “amounts appropriated for fiscal year 1972 and thereafter” for Senate Restaurants for “amounts hereafter appropriated” for such Restaurants, provision that amounts appropriated specifically for such Restaurants as a Contingent Expense of the Senate item for fiscal year involved shall be paid to Architect of the Capitol, for prior provision declaring amounts appropriated for such Restaurants shall be a part of such Restaurants as a Contingent Expense of Senate for fiscal year involved and for payment of such part to Architect of the Capitol, and provision for approval of payments by Senate Committee on Rules and Administration, including times for payments, for prior provision for payments as appropriations shall specify.
Deposits and disbursements under such special deposit account (1) shall be made by the Architect, or, when directed by him, by such employees of the Architect as he may designate, and (2) shall be subject to audit by the Government Accountability Office at such times and in such manner as the Comptroller General may direct: Provided, That payments made by or under the direction of the Architect of the Capitol from such special deposit account shall be conclusive upon all officers of the Government.
Section was classified to section 174j–5 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
The Architect, Assistant Architect, and any employees of the Architect designated by the Architect under section 2045 of this title shall each give bond in the sum of $5,000 with such surety as the Secretary of the Treasury may approve for the handling of the financial transactions under such special deposit account.
Section was classified to section 174j–6 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Sections 2042 to 2047 of this title shall supersede any other Acts or resolutions heretofore approved for the maintenance and operation of the Senate Restaurants: Provided, however, That any Acts or resolutions now in effect shall again become effective, should the restaurants at any future time revert to the jurisdiction of the Senate Committee on Rules and Administration.
Section was classified to section 174j–7 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section, Pub. L. 92–51,
Section was classified to section 174j–8 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Repeal effective
Subject to the approval of the Senate Committee on Rules and Administration, the Architect of the Capitol shall have authority to borrow (and be accountable for), from time to time, from the appropriation account, within the contingent fund of the Senate, for “Miscellaneous Items”, such amount as he may determine necessary to carry out the provisions of the joint resolution entitled “Joint Resolution transferring the management of the Senate Restaurants to the Architect of the Capitol, and for other purposes”, approved
Any such loan authorized pursuant to subsection (a) of this section shall be for such amount and for such period as the Senate Committee on Rules and Administration shall prescribe, and shall be made by the Secretary of the Senate to the Architect of the Capitol upon a voucher approved by the Chairman of the Senate Committee on Rules and Administration.
All proceeds from the repayment of any such loan shall be deposited in the appropriation account, within the contingent fund of the Senate, for “Miscellaneous Items”, shall be credited to the fiscal year during which such loan was made, and shall thereafter be available for the same purposes for which the amount loaned was initially appropriated.
The Joint Resolution entitled “Joint Resolution transferring the management of the Senate Restaurants to the Architect of the Capitol, and for other purposes”, approved
Section was classified to section 174j–9 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Appropriations under this heading for management personnel and miscellaneous restaurant expenses on and after
Appropriations under this heading, referred to in text, probably means appropriations under the headings “ARCHITECT OF THE CAPITOL”, “
Section was classified to section 174j–10 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is from the Congressional Operations Appropriations Act, 1998, which is title I of the Legislative Branch Appropriations Act, 1998.
The term “contractor” means the private business concern that enters into a food services contract with the Architect of the Capitol.
The term “food services contract” means a contract under which food services operations of the Senate Restaurants are transferred to, and performed by, a private business concern.
The term “transfer date” means the date on which a contractor begins the performance of food services operations under a food services contract.
Not later than the day before the transfer date, an individual described under subsection (a)(2)(A) and (B) may file an election with the Office of Human Resources of the Architect of the Capitol to continue coverage under the retirement system under which that individual is covered on that day.
If the individual files an election under subparagraph (A) to continue retirement coverage, the individual may also file an election with the Office of Human Resources of the Architect of the Capitol to continue coverage of any other benefit under subsection (c)(2) or (3) for which that individual is covered on that day. Any election under this subparagraph shall be filed not later than the day before the transfer date.
The Office of Human Resources of the Architect of the Capitol shall provide timely notification to the Office of Personnel Management of any election filed under paragraph (1).
The rate of basic pay of a covered individual as an employee of a contractor, or successor contractor, during a period of continuous service may not be reduced to a rate less than the rate of basic pay paid to that individual as an employee of the Architect of the Capitol on the day before the transfer date, except for cause.
For purposes of chapters 83, 84, and 87 of title 5, any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Capitol.
For purposes of chapter 87 of title 5, the rate of basic pay of a covered individual during the period described under clause (i) shall be deemed to be the rate of basic pay of that individual as an employee of the Architect of the Capitol on the date on which the Architect of the Capitol enters into the food services contract.
For purposes of chapters 89, 89A, and 89B of title 5, any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Capitol.
Subject to section 6304 of title 5, annual and sick leave balances of any covered individual shall be credited to the leave accounts of that individual as an employee of the contractor, or any successor contractor. A food services contract may include provisions similar to regulations prescribed under section 6308 of title 5 to implement this subparagraph.
During any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, that individual shall continue to accrue annual and sick leave at rates not less than the rates applicable to that individual on the day before the transfer date.
For purposes of any benefit under section 7905 of title 5, any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Capitol.
After consultation with the Architect of the Capitol, the Director of the Office of Personnel Management shall prescribe regulations to provide for the continuity of benefits under paragraphs (2) and (3).
After consultation with the Architect of the Capitol, the Executive Director appointed by the Federal Retirement Thrift Investment Board under section 8474(a) of title 5 shall prescribe regulations to provide for the continuity of benefits under paragraph (2) of this subsection relating to subchapter III of chapter 84 of that title. Regulations under this subparagraph shall include regulations relating to employee deductions and employee and employer contributions and deposits in the Thrift Savings Fund.
Except as provided under clause (ii), a covered individual shall be entitled to severance pay under section 5595 of title 5 if during the 90-day period following the transfer date the employment of that individual with a contractor is terminated as provided under a food services contract.
Clause (i) shall not apply to a covered individual who is terminated for cause.
Not later than 30 days after
Paragraph (1)(B) shall not apply to a covered individual who is terminated for cause.
Notwithstanding any provision of chapter 83 or 84 of title 5, an employee described under paragraph (1) is entitled to an annuity which shall be computed consistent with the provisions of law applicable to annuities under section 8336(d) or 8414(b) of title 5.
For purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) a covered individual shall be treated as an employee of the Architect of the Capitol with respect to any act or omission which occurred before the transfer date.
Any commissions paid by a contractor under a food services contract shall be deposited in the miscellaneous items account within the contingent fund of the Senate.
Any funds deposited under paragraph (1) shall be available for expenditure in the same manner as funds appropriated into that account.
This section shall take effect on
Section 2048 of this title, referred to in subsec. (a)(2)(A)(iii), was repealed by Pub. L. 110–279, § 1(c)(4)(C),
The Social Security Act, referred to in subsec. (c)(2)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Appropriations made available to the Architect of the Capitol under the heading “
The Congressional Accountability Act of 1995, referred to in subsec. (g)(3), is Pub. L. 104–1,
Section is comprised of section 1 of Pub. L. 110–279. Subsec. (c)(4)(C) of section 1 of Pub. L. 110–279 repealed section 2048 of this title. Subsec. (g)(1), (2) of section 1 of Pub. L. 110–279 amended sections 1301 and 1331 of this title.
2019—Subsec. (c)(2)(A). Pub. L. 116–21, § 1(a)(1), struck out introductory provisions which read as follows: “For purposes of chapters 83, 84, and 87 of title 5—”.
Subsec. (c)(2)(A)(i). Pub. L. 116–21, § 1(a)(1), (2), inserted heading, inserted “For purposes of chapters 83, 84, and 87 of title 5,” before “any period”, and substituted period for “; and” at end.
Subsec. (c)(2)(A)(ii). Pub. L. 116–21, § 1(a)(3), inserted heading, inserted “For purposes of chapter 87 of title 5,” before “the rate of basic pay”, and substituted “a covered” for “the covered”.
Pub. L. 116–21, § 1(c),
Pub. L. 116–21, § 1(b),
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.
Section was formerly classified to section 121 of this title prior to editorial reclassification and renumbering as this section.
1946—Act
Act Aug. 2, 1946, ch. 753, title I, § 142, 60 Stat. 834, provided that the amendment made by that act is effective
Notwithstanding any other provision of law and subject to the provisions of paragraph (1) of subsection (b), the Capitol Police Board is authorized to designate certain portions of the Capitol grounds (other than a portion within the area bounded on the North by Constitution Avenue, on the South by Independence Avenue, on the East by First Street, and on the West by First Street) for use exclusively as play areas for the benefit of children attending a day care center which is established for the primary purpose of providing child care for the children of Members and employees of the Senate or the House of Representatives.
Nothing in this or any other Act shall be construed as prohibiting any day care center referred to in subsection (a) from placing playground equipment within an area designated pursuant to subsection (a) for use solely in connection with the operation of such center, subject to, in the case of a day care center established for the benefit of children of Members and employees of the Senate, the approval of the Senate Committee on Rules and Administration, and in the case of such a center established for the benefit of children of Members and employees of the House of Representatives, the approval of the House Committee on House Oversight, with the concurrence of the House Office Building Commission.
The day care center referred to in S. Res. 269, Ninety-eighth Congress, first session, is a day care center for which space may be designated under subsection (a) for use as a play area.
S. Res. 269, Ninety-eighth Congress, first session, referred to in subsec. (d), is dated
“
“
Section was classified to section 214b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1996—Subsecs. (b)(1), (c). Pub. L. 104–186 substituted “House Oversight” for “House Administration”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
The Fund shall be treated as a category of allowances and expenses for purposes of section 5507(a) of this title.
Section was classified to section 184g of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is comprised of section 312 of Pub. L. 102–90. Another subsec. (f) of section 312 of Pub. L. 102–90 repealed sections 184b to 184f of former Title 40, Public Buildings, Property, and Works.
2022—Subsec. (d)(3)(B). Pub. L. 117–328 substituted “The cost of training classes and conferences for individuals employed by the center” for “The reimbursement of individuals employed by the center for the cost of training classes and conferences”.
2020—Subsec. (d)(3)(A). Pub. L. 116–136, § 19002(a)(1), substituted “, and, at the option of the Chief Administrative Officer during an emergency situation, the payment of the salary of other employees of the Center.” for period at end.
Subsec. (d)(3)(C). Pub. L. 116–136, § 19002(a)(2), which directed that subpar. (C) be added “at the end” of subsec. (d)(3)(A), was executed by adding subpar. (C) at the end of subsec. (d)(3), to reflect the probable intent of Congress.
2019—Subsec. (d)(2). Pub. L. 116–94, § 117(b), inserted “(including the subsidies provided on behalf of employees of the center as a result of reductions in the amount of tuition otherwise charged with respect to children of such employees under paragraph (4))” after “similar benefits and programs”.
Subsec. (d)(4). Pub. L. 116–94, § 117(a), added par. (4).
2010—Subsec. (d)(1). Pub. L. 111–248, § 2(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “There is established an account which, subject to appropriation, and except as provided in paragraphs (2) and (3), shall be the exclusive source for all salaries and expenses for activities carried out under this section. The Chief Administrative Officer shall deposit in the account any amounts received under subsection (c) of this section.”
Subsecs. (e), (f). Pub. L. 111–248, § 2(b), added subsec. (e) and redesignated former subsec. (e) as (f).
2009—Subsec. (a)(1). Pub. L. 111–8 substituted “pre-school child care and (subject to the approval of regulations by the Committee on House Administration) child care for school age children other than during the course of the ordinary school day” for “pre-school child care” in introductory provisions.
2004—Subsec. (e)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
2003—Subsec. (d)(1). Pub. L. 108–7, § 108(a)(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”.
Subsec. (d)(3). Pub. L. 108–7, § 108(a)(2), added par. (3).
1999—Subsec. (a)(1)(C). Pub. L. 106–100 added subpar. (C).
1996—Pub. L. 104–186, § 221(5)(A), substituted “Chief Administrative Officer” for “Clerk” wherever appearing.
Subsec. (a)(1)(A). Pub. L. 104–186, § 221(5)(B), struck out “or the Sergeant at Arms of the House of Representatives” before “and children”.
Subsec. (b)(1)(A). Pub. L. 104–186, § 221(6)(A), substituted “minority leader” for “Minority Leader”.
Subsec. (c)(2). Pub. L. 104–186, § 221(6)(B), substituted “House Oversight” for “House Administration”.
Subsec. (d)(1). Pub. L. 104–186, § 221(6)(C), struck out “in the contingent fund of the House of Representatives” after “established”.
Subsec. (d)(2). Pub. L. 104–186, § 221(5)(C), substituted “With respect” for “with respect”.
1992—Subsec. (d)(2). Pub. L. 102–392 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “During fiscal year 1992, of the funds provided in this Act for the ‘HOUSE OF REPRESENTATIVES’ under ‘
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
“Government Publishing Office” substituted for “Government Printing Office” in subsec. (f)(2) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Pub. L. 117–328, div. I, title I, § 116(b),
Pub. L. 116–136, div. B, title IX, § 19002(b),
Pub. L. 116–94, div. E, title I, § 117(c),
Pub. L. 111–248, § 2(c),
Pub. L. 108–7, div. H, title I, § 108(b),
Pub. L. 106–100, § 1(b),
Pub. L. 102–392, title III, § 319(b),
Pub. L. 111–248, § 2(a)(2),
Pub. L. 103–69, title III, § 309,
Pub. L. 102–392, title III, § 307,
The provisions of this section shall apply to any individual who is employed by the Senate day care center (known as the “Senate Employee Child Care Center” and hereafter in this section referred to as the “Center”) established pursuant to Senate Resolution 269, Ninety-eighth Congress, and section 2061 of this title.
Any individual described under subsection (a) who is employed by the Center on or after
The Center shall make such deductions and withholdings from the pay of an individual described under subsection (a) who is an employee of the Center in accordance with subsection (d) of this section.
Government contributions for individuals receiving benefits under this section, as computed under section 8906 of title 5, shall be made by the Secretary of the Senate from the appropriations account, within the contingent fund of the Senate, “miscellaneous items”.
The Office of Personnel Management may prescribe regulations to carry out the provisions of this section.
For Senate Resolution 269, referred to in subsec. (a), see References in Text note set out under section 2061 of this title.
Section was classified to section 214c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Pub. L. 116–136, div. B, title IX, § 19001,
[For definition of “coronavirus” as used in section 19001 of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of this title.]
Notwithstanding any other provision of this section, any service performed by an individual described under subsection (a) as an employee of the Senate day care center is deemed to be civilian service creditable under section 8411 of title 5 for purposes of qualifying for survivor annuities and disability benefits under subchapters IV and V of chapter 84 of such title, if such individual makes payment of an amount, determined by the Office of Personnel Management, which would have been deducted and withheld from the basic pay of such individual if such individual had been an employee subject to section 8422 of title 5 for such period so credited, together with interest thereon.
An individual described under subsection (a) shall be deemed a congressional employee for purposes of chapter 84 of title 5 including subchapter III thereof and may make contributions under section 8432 of such title effective for the first applicable pay period beginning on or after
An individual described under subsection (a) shall be deemed an employee under section 8701(a)(3) of title 5 for purposes of life insurance coverage under chapter 87 of such title.
Government contributions for individuals receiving benefits under this section, as computed under sections 8423, 8432, and 8708,2
The Office of Personnel Management shall accept the certification of the Secretary of the Senate concerning creditable service for the purpose of this section.
The Office of Personnel Management may prescribe regulations to carry out the provisions of this section.
For Senate Resolution 269, referred to in subsec. (a)(1)(A), see References in Text note set out under section 2061 of this title.
Section was classified to section 214d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1993—Subsec. (b)(1). Pub. L. 103–50, § 1203(b)(1), substituted “
Subsecs. (h) to (j). Pub. L. 103–50, § 1203(a)(1), added subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and (j), respectively.
Pub. L. 103–50, ch. XII, § 1203(a)(2),
Pub. L. 103–50, ch. XII, § 1203(b)(2),
Notwithstanding section 1345 of title 31, the Secretary of the Senate may reimburse any individual employed by the Senate day care center for the cost of training classes and conferences in connection with the provision of child care services and for travel, transportation, and subsistence expenses incurred in connection with the training classes and conferences.
The Senate day care center shall certify and provide appropriate documentation to the Secretary of the Senate with respect to any reimbursement under this section. Reimbursements under this section shall be made from the appropriations account “MISCELLANEOUS ITEMS” within the contingent fund of the Senate on vouchers approved by the Secretary of the Senate.
Reimbursements under this section shall be subject to the regulations and limitations prescribed by the Committee on Rules and Administration of the Senate for travel and related expenses for which payment is authorized to be made from the contingent fund of the Senate.
This section shall be effective on and after
Section was classified to section 214e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Each member of the Commission specified under subsection (b) (other than a member under paragraph (7) or (8) of such subsection) may designate a Senator or Member of the House of Representatives, as the case may be, to serve as a member of the Commission in place of the member so specified.
In addition to the members under subsection (b), the Architect of the Capitol shall participate in the activities of the Commission, ex officio, and without the right to vote.
The Senate Commission on Art, the House of Representatives Fine Arts Board, and the Architect of the Capitol shall provide to the Commission such staff support and assistance as the Commission may request.
Section was classified to section 188a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1996—Subsec. (b)(3). Pub. L. 104–186 substituted “House Oversight” for “House Administration”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Section was classified to section 188a–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1990—Subsec. (b)(1). Pub. L. 101–302 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “upon agreement with the Joint Committee on the Library, the Senate Commission on Art, or the House of Representatives Fine Arts Board, as the case may be, transfer such property to the entity with which the agreement is made;”.
There is established in the Treasury a fund, to be known as the “Capitol Preservation Fund” (hereafter in this part referred to as the “fund”), which shall consist of (1) amounts deposited, and interest and proceeds credited, under subsection (d), (2) obligations obtained under subsection (e), 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.
The Commission shall deposit in the fund gifts of money and proceeds of transactions under section 2082 of this title. The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund. Disbursements from the fund shall be made on vouchers approved by the Commission and signed by the co-chairmen.
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.
The Bicentennial of the United States Congress Commemorative Coin Act, referred to in subsec. (a), is Pub. L. 100–673,
Section was classified to section 188a–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1990—Subsec. (b). Pub. L. 101–302, § 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, § 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”.
Pub. L. 107–117, div. B, § 913,
The Comptroller General shall conduct periodic audits of the transactions of the Commission, which shall be conducted at least once every 3 years, unless the Chairman or the Ranking Member of the Committee on Rules and Administration of the Senate or the Committee on House Administration of the House of Representatives, the Secretary of the Senate, or the Clerk of the House of Representatives requests that an audit be conducted at an earlier date, and shall report the results of each audit to the Congress.
Section was classified to section 188a–3 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2012—Pub. L. 112–234 substituted “periodic audits of the transactions of the Commission, which shall be conducted at least once every 3 years, unless the Chairman or the Ranking Member of the Committee on Rules and Administration of the Senate or the Committee on House Administration of the House of Representatives, the Secretary of the Senate, or the Clerk of the House of Representatives requests that an audit be conducted at an earlier date,” for “annual audits of the transactions of the Commission”.
The Commission may establish appropriate boards to provide advice and assistance to the Commission and to further the purposes of the Commission. The boards shall be composed of members (including chairmen) who shall be appointed by the Commission from public and private life and shall serve at the pleasure of the Commission and each co-chairman of the Commission may appoint one member to any such board. The members of boards under this section may be reimbursed for actual and necessary expenses incurred in the performance of the duties of the boards, at the discretion of the Commission.
Section was classified to section 188a–4 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
As used in this part, the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress.
Section was classified to section 188a–5 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
There is hereby established a Senate Commission on Art (hereinafter referred to as “the Commission”) consisting of the President pro tempore of the Senate, the chairman and ranking minority member of the Committee on Rules and Administration of the Senate, and the majority and minority leaders of the Senate.
The Majority Leader and Minority Leader of the Senate shall be the chairman and vice chairman, respectively, of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business, except that the Commission may fix a lesser number which shall constitute a quorum for the taking of testimony. The Secretary of the Senate shall be the Executive Secretary of the Commission 1
The Secretary of the Senate shall appoint a Senate Curator approved by the Senate Commission on Art. The Senate Curator shall be an employee of the Secretary of the Senate assigned to assist the Commission. The Secretary of the Senate shall assign additional employees to assist the Commission, and provide such other assistance, as the Commission determines necessary.
The Commission shall be empowered to hold hearings, summon witnesses, administer oaths, employ reporters, request the production of papers and records, take such testimony, and adopt such rules for the conduct of its hearings and meetings, as it deems necessary.
Section was classified to section 188b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on section 1 of Senate Resolution No. 382, Ninetieth Congress,
2003—Subsec. (b). Pub. L. 108–83, § 3(d)(1)(A), substituted “The Majority Leader and Minority Leader of the Senate shall be the chairman and vice chairman, respectively, of the Commission.” for “The Commission shall elect a Chairman and a Vice Chairman at the beginning of each Congress.”
Subsec. (c). Pub. L. 108–83, § 3(d)(1)(B), added subsec. (c) and struck out former subsec. (c) which read as follows: “The Commission shall select a Curator of Art and Antiquities of the Senate who shall be appointed by and be an employee of the Secretary of the Senate. The Curator shall serve at the pleasure of the Commission, shall perform such duties as it may prescribe, and shall receive compensation at a gross rate, not to exceed $22,089 per annum to be fixed by the Commission. At the request of the Commission the Secretary of the Senate shall detail to the Commission such additional professional, clerical, and other assistants as, from time to time, it deems necessary.”
1988—Subsec. (a). Pub. L. 100–696, § 901(b)(3), substituted “Senate Commission on Art” for “Commission on Art and Antiquities of the United States Senate”.
Subsec. (b). Pub. L. 100–696, § 901(b)(1), inserted “The Secretary of the Senate shall be the Executive Secretary of the Commission”.
Pub. L. 100–696, title IX, § 901(d),
Increases in compensation for officers and employees of the Senate under authority of the Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of the President pro tempore of the Senate, set out as notes under section 4571 of this title.
The Commission is hereby authorized and directed to supervise, hold, place, protect, and make known all works of art, historical objects, and exhibits within the Senate wing of the United States Capitol, any Senate Office Buildings, and in all rooms, spaces, and corridors thereof, which are the property of the United States, and in its judgment to accept any works of art, historical objects, or exhibits which may hereafter be offered, given, or devised to the Senate, its committees, and its officers for placement and exhibition in the Senate wing of the Capitol, the Senate Office Buildings, or in rooms, spaces, or corridors thereof.
The Commission shall prescribe such regulations as it deems necessary for the care, protection, and placement of such works of art, exhibits, and historical objects in the Senate wing of the Capitol and the Senate Office Buildings, and for their acceptance on behalf of the Senate, its committees, and officers. Such regulations shall be published in the Congressional Record at such time or times as the Commission may deem necessary for the information of the Members of the Senate and the public.
Regulations authorized by the provisions of section 2183 of this title to be issued by the Sergeant at Arms of the Senate for the protection of the Capitol, and any regulations issued, or activities undertaken, by the Committee on Rules and Administration of the Senate, or the Architect of the Capitol, in carrying out duties relating to the care, preservation, and protection of the Senate wing of the Capitol and the Senate Office Buildings, shall be consistent with such rules and regulations as the Commission may issue pursuant to subsection (b) of this section.
The Committee on Rules and Administration of the Senate in consultation with the Architect of the Capitol and consistent with regulations prescribed by the Commission under subsection (b) of this section, shall have responsibility for the supervision, protection, and placement of all works of art, historical objects, and exhibits which shall have been accepted on behalf of the Senate by the Commission or acknowledged as United States property by inventory of the Commission, and which may be lodged in the Senate wing of the Capitol or the Senate Office Buildings by the Commission.
Section was classified to section 188b–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on section 2 of Senate Resolution No. 382, Ninetieth Congress,
1988—Subsec. (a). Pub. L. 100–696, § 901(b)(2), substituted “protect, and make known” for “and protect” and “Senate wing of the United States Capitol, any Senate Office Buildings” for “Senate wing of the Capitol”.
The Commission shall have responsibility for the supervision and maintenance of the Old Senate Chamber on the principal floor of the Senate wing of the Capitol and of the Old Supreme Court Chamber insofar as each is to be preserved as a patriotic shrine in the Capitol for the benefit of the people of the United States.
Section was classified to section 188b–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on section 3 of Senate Resolution No. 382, Ninetieth Congress,
2001—Pub. L. 107–68 substituted “and of the Old Supreme Court Chamber insofar as each” for “insofar as it”.
Pub. L. 107–68, title I, § 108(c),
The Commission shall, from time to time, but at least once every ten years, publish as a Senate document a list of all works of art, historical objects, and exhibits currently within the Senate wing of the Capitol and the Senate Office Buildings, together with their description, location, and with such notes as may be pertinent to their history.
Section was classified to section 188b–3 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on section 4 of Senate Resolution No. 382, Ninetieth Congress,
There is hereby authorized to be appropriated out of the contingent fund of the Senate for the expenses of the Commission such amount as may be necessary each fiscal year, to be disbursed by the Secretary of the Senate on vouchers signed by the Executive Secretary of the Commission and approved by the Committee on Rules and Administration of the Senate: Provided, That no payment shall be made from such appropriation as salary.
Section was classified to section 188b–4 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on section 5 of Senate Resolution No. 382, Ninetieth Congress,
2001—Pub. L. 107–68 substituted “such amount as may be necessary each fiscal year,” for “the sum of $15,000 each fiscal year,” and “the Executive Secretary of the Commission and approved by the Committee on Rules and Administration of the Senate” for “the Chairman or Vice Chairman of the Commission”.
Amendment by Pub. L. 107–68 applicable to fiscal year 2002 and all succeeding fiscal years, see section 108(c) of Pub. L. 107–68, set out as a note under section 2103 of this title.
Section, based on S. Res. No. 95, Ninety-second Congress,
Section was classified to section 188b–5 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Effective with the fiscal year ending
All such works, objects, documents, or materials referred to in subsection (a) may be known as the “United States Senate Collection”.
Disbursements for expenses incurred for the purposes in subsection (a) shall be made upon vouchers approved by the Chairman of the Senate Commission on Art or the Executive Secretary of the Senate Commission on Art.
Section was classified to section 188b–6 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2005—Subsec. (a). Pub. L. 109–55 substituted “2006” for “2005” in first sentence.
2004—Subsec. (a). Pub. L. 108–447 substituted “2005” for “2004” in first sentence.
2003—Subsec. (a). Pub. L. 108–83, in first sentence, substituted “2004” for “2003” and inserted “for the purchase of art and historical objects for the United States Senate Collection, for exhibits and public education relating to the United States Senate Collection, for administrative and transitional expenses of the Senate Commission on Art, and” after “in which incurred,”.
Pub. L. 108–7 substituted “2003” for “2002” in first sentence.
2001—Subsec. (a). Pub. L. 107–68 substituted “2002” for “2001” in first sentence.
2000—Subsec. (a). Pub. L. 106–554, § 1(a)(2) [title III, § 309], substituted “2001” for “2000” in first sentence.
Pub. L. 106–554, § 1(a)(2) [title I, § 8(1), (2)], in first sentence, substituted “works of art, historical objects, documents, or material relating to historical matters for placement or exhibition” for “items of art, fine art, and historical items” and, in second sentence, substituted “such works, objects, documents, or material” for “such items” in two places and “a work, object, document, or material” for “an item”.
Subsec. (b). Pub. L. 106–554, § 1(a)(2) [title I, § 8(3)], substituted “such works, objects, documents, or materials” for “such items of art” and “may” for “shall”.
1999—Subsec. (a). Pub. L. 106–57 substituted “2000” for “1999”.
1998—Subsec. (a). Pub. L. 105–275 substituted “1999” for “1998”.
1997—Subsec. (a). Pub. L. 105–55 substituted “1998” for “1997”.
1996—Subsec. (a). Pub. L. 104–197 substituted “1997” for “1996”.
1995—Subsec. (a). Pub. L. 104–53 substituted “1996” for “1995”.
1994—Subsec. (a). Pub. L. 103–283 substituted “1995” for “1994”.
1993—Subsec. (a). Pub. L. 103–69 substituted “1994” for “1993”.
1992—Subsec. (a). Pub. L. 102–392 substituted “1993” for “1992”.
1991—Subsec. (a). Pub. L. 102–90 substituted “1992” for “1991”.
1990—Subsec. (a). Pub. L. 101–520 substituted “1991” for “1990”.
There is established a Board which shall be chaired by the Senate Curator. The Curatorial Advisory Board shall provide advice and assistance to the Commission on the acquisition, care, and disposition of items for or within the United States Senate Collection, and on such other matters as the Commission determines appropriate.
The Commission, or the chairman and vice chairman acting jointly on behalf of the Commission and after giving notice to the Commission, may establish 1 or more additional advisory boards.
The purpose of an additional advisory board shall be to provide advice and assistance to the Commission and to further the purposes of the Commission.
Subject to subparagraph (B), the Curatorial Advisory Board and other advisory boards established by the Commission under paragraph (2) shall be composed of members appointed by the Commission, or the chairman and vice chairman acting jointly on behalf of the Commission and after giving notice to the Commission.
Members appointed to the other advisory boards created under paragraph (2) shall serve for terms as stated in their appointment, but no longer than a term of 4 years, except that any member may be reappointed upon the expiration of their term.
The Commission, or the chairman and vice chairman acting jointly on behalf of the Commission and after giving notice to the Commission, in consultation with the Committee on Rules and Administration, may promulgate such regulations governing advisory boards established under this subsection as are necessary to carry out the purposes of this subsection.
The Executive Secretary of the Commission shall provide assistance to an advisory board as authorized by the Commission.
There is established in the Treasury a fund, to be known as the “Senate Preservation Fund” (in this section referred to as the “fund”), which shall consist of amounts deposited and credited under paragraph (3).
The fund shall be available to the Commission for the payment of acquisition and transaction costs incurred for acquisitions under subsection (a), for official activities of any advisory board established under subsection (b), for any purposes for which funds from the contingent fund of the Senate may be used under section 2107(a) of this title, and for expenditures, not to exceed $10,000 in any fiscal year, for meals and refreshments in Capitol facilities in connection with official activities of the Commission or other authorized programs or activities.
The Commission shall deposit in the fund amounts appropriated for use of the fund, gifts of money, and proceeds of transactions under subsection (a).
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 Executive Secretary of the Commission.
The Commission may, for individual conservation or restoration projects estimated to cost greater than $100,000, transfer amounts in the fund to the Architect of the Capitol for the cost of conservation or restoration, in whole or in part, by the Architect of the Capitol of works of art, historical objects, documents, or material relating to historical matters placed or exhibited, or to be placed or exhibited, within the Senate wing of the United States Capitol or any Senate Office Building.
Amounts transferred to the Architect of the Capitol under clause (i) and not subject to return under clause (v) shall remain available until expended.
Before authorizing transfers under clause (i), in whole or in part, the Commission, or the chairman and vice chairman acting jointly on behalf of the Commission and after giving notice to the Commission, shall review and approve a conservation or restoration project for which such amounts are intended (referred to in this section as the “Project”). The Commission may require updated reports on the Project before any additional amounts are transferred for the Project. No disbursements may be made from funds transferred under clause (i) that are inconsistent with the Project approved by the Commission upon which the relevant transfer is based.
The Commission retains the discretion whether or not to approve the acceptance of any donation to the fund regardless of whether the donation is intended for a conservation or restoration Project under clause (i).
The Commission may prescribe such guidelines as it deems necessary for the approval and transfer of any amounts under clause (i) and the return of any undisbursed amounts.
The Commission may require the return of amounts transferred to the Architect of the Capitol under clause (i) and not disbursed pursuant to an approved Project within five years of the transfer. Such amounts will be returned to the fund for use or disposition as the Commission shall determine appropriate. For purposes of this subsection, the Commission may, at any time, specify a date of return greater than five years from the transfer.
Once amounts are transferred pursuant to clause (i), disbursements from transferred funds shall be made by the Architect of the Capitol upon review of vouchers by the Architect of the Capitol and not subject to the audit provisions of clause 1
The authority to transfer amounts to the Architect of the Capitol under clause (i) shall expire ten years after the date of its initial enactment. Any amounts transferred prior to the termination of authority to transfer may continue to be expended in accordance with this section.
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 required by this paragraph shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to the principal and interest by the United States that, as determined by the Commission, has a maturity suitable for the fund.
In carrying out this subsection, the Secretary of the Treasury may make such purchases, sales, and redemption of obligations as may be approved by the Commission.
The Library of Congress shall provide financial management and disbursing services and support to the Commission as may be required and mutually agreed to by the Librarian of Congress and the Executive Secretary of the Commission.
The Comptroller General of the United States shall conduct periodic audits of the Senate Preservation Fund, which shall be conducted at least once every 3 years, unless the Chairman or the Ranking Member of the Committee on Rules and Administration of the Senate or the Secretary of the Senate requests that an audit be conducted at an earlier date, and shall report the results of each audit to the Commission.
Section is comprised of section 3 of Pub. L. 108–83. Subsec. (a)(3) of section 3 of Pub. L. 108–83 repealed section 2106 of this title. Subsec. (d) of section 3 of Pub. L. 108–83 amended sections 2101 and 2107 of this title.
Section is from the Legislative Branch Appropriations Act, 2004.
2017—Subsec. (c)(3). Pub. L. 115–31, § 2(1), substituted “disbursements, and transfers” for “and disbursements” in heading.
Subsec. (c)(3)(D). Pub. L. 115–31, § 2(2), added subpar. (D).
2012—Subsec. (c)(6). Pub. L. 112–234 substituted “periodic audits of the Senate Preservation Fund, which shall be conducted at least once every 3 years, unless the Chairman or the Ranking Member of the Committee on Rules and Administration of the Senate or the Secretary of the Senate requests that an audit be conducted at an earlier date,” for “annual audits of the Senate Preservation Fund”.
2005—Subsec. (c)(2). Pub. L. 109–55 substituted “for any purposes for which funds from the contingent fund of the Senate may be used under section 2107(a) of this title, and for expenditures, not to exceed $10,000 in any fiscal year, for meals and refreshments in Capitol facilities in connection with official activities of the Commission or other authorized programs or activities” for “and for any purposes for which funds from the contingent fund of the Senate may be used under section 2107(a) of this title”.
There is established in the House of Representatives a Fine Arts Board (hereafter in sections 2121 and 2122 of this title referred to as the “Board”), comprised of the House of Representatives members of the Joint Committee on the Library. The chairman of the Committee on House Oversight of the House of Representatives shall be the chairman of the Board. The Board, in consultation with the House Office Building Commission, shall have authority over all works of fine art, historical objects, and similar property that are the property of the Congress and are for display or other use in the House of Representatives wing of the Capitol, the House of Representatives Office Buildings, or any other location under the control of the House of Representatives.
Under the supervision and direction of the Board, the Clerk of the House of Representatives shall be responsible for the administration, maintenance, and display of the works of fine art and other property referred to in subsection (a).
The Architect of the Capitol shall provide assistance to the Board and to the Clerk of the House of Representatives in the carrying out of their responsibilities under sections 2121 and 2122 of this title.
Section was classified to section 188c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1996—Subsec. (a). Pub. L. 104–186 substituted “House Oversight” for “House Administration”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress,
The Board is authorized to accept, on behalf of the House of Representatives, gifts of works of fine art, historical objects, and similar property, including transfers from the United States Capitol Preservation Commission under section 2082 of this title, for display or other use in the House of Representatives wing of the Capitol, the House of Representatives Office Buildings, or any other location under the control of the House of Representatives.
Section was classified to section 188c–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Pub. L. 117–103, div. I, title II, § 214,
Suitable structures and railings shall be erected in the old hall of Representatives for the reception and protection of statuary, and the same shall be under the supervision and direction of the Architect of the Capitol. And the President is authorized to invite all the States to provide and furnish statues, in marble or bronze, not exceeding two in number for each State, of deceased persons who have been citizens thereof, and illustrious for their historic renown or for distinguished civic or military services, such as each State may deem to be worthy of this national commemoration; and when so furnished, the same shall be placed in the old hall of the House of Representatives, in the Capitol of the United States, which is set apart, or so much thereof as may be necessary, as a national statuary hall for the purpose herein indicated.
Section was classified to section 187 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
R.S. § 1814 derived from act July 2, 1864, ch. 210, § 2, 13 Stat. 347.
Section 2 of act
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
No statue of any individual may be placed in National Statuary Hall until after the expiration of the 10-year period which begins on the date of the individual’s death.
This Act, referred to in subsec. (b)(1), is Pub. L. 109–116,
Pub. L. 109–116, § 1,
[Pub. L. 110–120, § 1(b),
Nothing in this section shall be interpreted to permit a State to have more than two statues on display in the Capitol of the United States.
The Architect of the Capitol, upon the approval of the Joint Committee on the Library and with the advice of the Commission of Fine Arts as requested, is authorized and directed to relocate within the United States Capitol any of the statues received from the States under section 2131 of this title prior to
Section was classified to section 187a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
House Concurrent Resolution 47, passed
The Joint Committee on the Library, whenever, in their judgment, it is expedient, are authorized to accept any work of the fine arts, on behalf of Congress, which may be offered, and to assign the same such place in the Capitol as they may deem suitable, and shall have the supervision of all works of art that may be placed in the Capitol.
Section was classified to section 188 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
R.S. § 1831 derived from act June 10, 1872, ch. 415, § 1, 17 Stat. 362.
The following provisions relate to works of art accepted or removed by the Joint Committee on the Library:
Pub. L. 117–326,
Pub. L. 117–111,
Pub. L. 112–174,
Pub. L. 109–427,
No work of art or manufacture other than the property of the United States shall be exhibited in the National Statuary Hall, the Rotunda, Emancipation Hall of the Capitol Visitor Center, or the corridors of the Capitol.
Section was classified to section 189 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on act
R.S. § 1815 derived from act July 20, 1868, ch. 176, § 6, 15 Stat. 110.
2008—Pub. L. 110–437 inserted “Emancipation Hall of the Capitol Visitor Center,” after “Rotunda,”.
No room in the Capitol shall be used for private studios or works of art, without permission from the Joint Committee on the Library, given in writing; and it shall be the duty of the Architect of the Capitol to carry this provision into effect.
Section was classified to section 190 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
The supervision of the Capitol police shall extend over the Botanical Garden.
Section was classified to section 215 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
R.S. § 1826 derived from Res.
There shall be a superintendent and assistants in the Botanical Garden and greenhouses, who shall be under the direction of the Joint Committee on the Library.
Section was classified to section 216 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
R.S. § 1827 derived from act Mar. 3, 1873, ch. 226, § 1, 17 Stat. 491.
On and after
Section was classified to section 216b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
On and after
Section was classified to section 216d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
On and after
Section was classified to section 216a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Any gift accepted by the Architect of the Capitol under this section shall be considered a gift to the United States for purposes of income, estate, and gift tax laws of the United States.
In subsec. (b)(3), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes” on authority of Pub. L. 111–350, § 6(c),
Section was classified to section 216c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1998—Subsec. (b)(2), (3). Pub. L. 105–275 added par. (2) and redesignated former par. (2) as (3).
1995—Subsec. (a)(1). Pub. L. 104–53 substituted “plants” for “plans”.
1991—Pub. L. 102–229 amended section generally. Prior to amendment, section read as follows: “The Architect of the Capitol, subject to the direction of the Joint Committee on the Library, is authorized to—
“(1) construct a National Garden demonstrating the diversity of plants, including the rose, our national flower, to be located between Maryland and Independence Avenues, S.W., and extending from the United States Botanic Garden Conservatory to Third Street, S.W., in the District of Columbia; and
“(2) accept gifts, including money, plants, volunteer time, planning, construction and installation expenses, assistance and implements, and garden structures, on behalf of the United States Botanic Garden for the purpose of constructing the National Garden described in paragraph (1).”
Pub. L. 102–392, title II, § 201,
Pub. L. 102–229, title II, § 209(b),
On and after
Section was classified to section 217a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on par. under heading “BOTANIC GARDEN” in act of
The Architect of the Capitol, subject to the direction of the Joint Committee of Congress on the Library, may enter into cooperative agreements with entities under such terms as the Architect determines advisable, in order to support the United States Botanic Garden in carrying out its duties, authorities, and mission.
Any authority under subsection (a) or (b) shall not apply to any agreement providing for the construction or improvement of real property.
This section shall apply with respect to fiscal year 2015 and each succeeding fiscal year.
Section 2161 was editorially reclassified as section 4902 of this title.
The heating, lighting, and power plant constructed under the terms of the Act approved
In this section, the term “carbon dioxide energy efficiency” means the quantity of electricity used to power equipment for carbon dioxide capture and storage or use.
If the feasibility study determines that a demonstration project to capture and store or use Capitol Power Plant carbon dioxide emissions is technologically feasible and economically justified (including direct and indirect economic and environmental benefits), the Architect of the Capitol may conduct 1 or more demonstration projects to capture and store or use carbon dioxide emitted from the Capitol Power Plant as a result of burning fossil fuels.
A demonstration project funded under this section shall be subject to such terms and conditions as the Architect of the Capitol may prescribe.
There is authorized to be appropriated to carry out the feasibility study and demonstration project $3,000,000. Such sums shall remain available until expended.
Act approved
Section was classified to section 185 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on act
2007—Pub. L. 110–140 added text of section and struck out former text which read as follows: “The heating, lighting, and power plant constructed under the terms of the Act approved
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title.
Amendment by Pub. L. 110–140 effective on the date that is 1 day after
Pub. L. 108–447, div. G, title I, § 1101,
Pub. L. 100–458, title I,
The Architect of the Capitol shall take such steps as may be necessary to operate the steam boilers at the Capitol Power Plant in the most energy efficient manner possible to minimize carbon emissions and operating costs, including adjusting steam pressures and adjusting the operation of the boilers to take into account variations in demand, including seasonality, for the use of the system.
The Architect shall implement the steps required under paragraph (1) not later than 30 days after
The Architect of the Capitol shall take such steps as may be necessary to operate the chiller plant at the Capitol Power Plant in the most energy efficient manner possible to minimize carbon emissions and operating costs, including adjusting water temperatures and adjusting the operation of the chillers to take into account variations in demand, including seasonality, for the use of the system.
The Architect shall implement the steps required under paragraph (1) not later than 30 days after
Not later than 90 days after
Not later than 180 days after
Section effective on the date that is 1 day after
Funds appropriated for any available account of the Architect of the Capitol after
Section was classified to section 223 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
2017—Pub. L. 115–31 substituted “appropriated for any available account of the Architect of the Capitol” for “appropriated under this heading”, which had been editorially changed to read “appropriated for the Capitol Grounds” to reflect the heading appearing in the Act.
Pub. L. 115–31, div. I, title I, § 1206(b),
The passenger motor vehicles authorized by section 2163 of this title to provide a shuttle service for Members and employees of Congress may be used for the transportation of House Pages to and from special events associated with their education when approved by the House of Representatives Page Board: Provided further, That the use of the said passenger motor vehicles for transportation of House Pages shall not interfere with the shuttle service for Members and employees of the Congress.
Section was classified to section 224 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section, Pub. L. 90–264, title III, § 301,
Section was classified to section 831 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section, Pub. L. 91–510, title IV, § 441,
Section was classified to section 851 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Repeal effective first day of first pay period (applicable to employees transferred under section 2241 of this title) on or after 30 days after
The parcel of approximately 5 acres of land located on the Capitol Grounds and described in subsection (b) shall be known and designated as the “Congressional Award Youth Park”.
The park shall extend to the curbs of the streets described in paragraph (1).
The Architect of the Capitol shall sponsor a competition for the design of the park, based on specifications developed by the Architect.
Not later than
The specifications shall require an outdoor design that is accessible to the public.
As soon as practicable after the competition is completed, the Architect shall forward at least 3 designs, with recommendations, to the United States Capitol Preservation Commission.
The United States Capitol Preservation Commission shall select and approve the final design from among the 3 designs submitted under subparagraph (A).
Funds otherwise made available to the Architect of the Capitol under this Act shall be available to carry out this section.
This Act, referred to in subsec. (d), is Pub. L. 107–68,
Section was classified to section 217c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
The Chief Administrative Officer of the House of Representatives and the Sergeant at Arms and Doorkeeper of the Senate may enter into a memorandum of understanding under which the Sergeant at Arms and Doorkeeper shall provide all services of the United States Capitol telephone exchange for the House of Representatives, in accordance with such terms and conditions as may be provided in the memorandum of understanding.
This section and the amendment made by this section shall apply with respect to fiscal year 2005 and each succeeding fiscal year.
Section is comprised of section 215 of div. G of Pub. L. 108–447. Subsec. (d) of section 215 of div. G of Pub. L. 108–447 amended section 293 of this title.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
The Architect of the Capitol may construct a fuel tank and pumping system for E–85 fuel at or within close proximity to the Capitol Grounds Fuel Station.
The E–85 fuel tank and pumping system shall be available for use by all legislative branch vehicles capable of operating with E–85 fuel, subject to such other legislative branch agencies reimbursing the Architect of the Capitol for the costs of E–85 fuel used by such other legislative branch vehicles.
There is authorized to be appropriated to carry out this section $640,000 for fiscal year 2008.
Section effective on the date that is 1 day after
Subject to paragraph (3), funds appropriated to the Architect of the Capitol under the heading “Capitol Power Plant” under the heading “ARCHITECT OF THE CAPITOL” in any fiscal year are available to construct, operate, and maintain on a reimbursable basis battery recharging stations in parking areas under the jurisdiction of the Senate on Capitol Grounds for use by privately owned vehicles used by Senators or covered employees.
In carrying out paragraph (1), the Architect of the Capitol may use 1 or more vendors on a commission basis.
Subject to paragraph (2), the Architect of the Capitol shall charge fees or charges for electricity provided to Senators and covered employees sufficient to cover the costs to the Architect of the Capitol to carry out this section, including costs to any vendors or other costs associated with maintaining the battery recharging stations.
Not later than 30 days after the end of each fiscal year, the Architect of the Capitol shall submit a report on the financial administration and cost recovery of activities under this section with respect to that fiscal year to the Committee on Rules and Administration of the Senate.
Not later than 3 years after
If a determination is made under subparagraph (A) that a subsidy is being received, the Architect of the Capitol shall submit a plan to the Committee on Rules and Administration of the Senate on how to update the program to ensure no subsidy is being received. If the committee does not act on the plan within 60 days, the Architect of the Capitol shall take appropriate steps to increase rates or fees to ensure reimbursement for the cost of the program consistent with an appropriate schedule for amortization, to be charged to those using the charging stations.
This section shall apply with respect to fiscal year 2011 and each fiscal year thereafter.
Subject to paragraph (3), funds appropriated to the Architect of the Capitol under the heading “Capitol Power Plant” under the heading “ARCHITECT OF THE CAPITOL” in any fiscal year are available to construct, operate, and maintain on a reimbursable basis battery recharging stations in parking areas under the jurisdiction of the House of Representatives on Capitol Grounds for use by privately owned vehicles used by Members of the House of Representatives (including the Delegates or Resident Commissioner to the Congress) or covered employees.
In carrying out paragraph (1), the Architect of the Capitol may use 1 or more vendors on a commission basis.
Subject to paragraph (2), the Architect of the Capitol shall charge fees or charges for electricity provided to Members and covered employees sufficient to cover the costs to the Architect of the Capitol to carry out this section, including costs to any vendors or other costs associated with maintaining the battery recharging stations.
Not later than 30 days after the end of each fiscal year, the Architect of the Capitol shall submit a report on the financial administration and cost recovery of activities under this section with respect to that fiscal year to the Committee on House Administration of the House of Representatives.
Not later than 3 years after
If a determination is made under subparagraph (A) that a subsidy is being received, the Architect of the Capitol shall submit a plan to the Committee on House Administration of the House of Representatives on how to update the program to ensure no subsidy is being received. If the committee does not act on the plan within 60 days, the Architect of the Capitol shall take appropriate steps to increase rates or fees to ensure reimbursement for the cost of the program consistent with an appropriate schedule for amortization, to be charged to those using the charging stations.
This section shall apply with respect to fiscal year 2011 and each fiscal year thereafter.
Subject to paragraph (3), funds appropriated to the Architect of the Capitol under the heading “Capitol Power Plant” under the heading “ARCHITECT OF THE CAPITOL” in any fiscal year are available to construct, operate, and maintain on a reimbursable basis battery recharging stations in parking areas under the jurisdiction of the Library of Congress on Library of Congress buildings and grounds for use by privately owned vehicles used by covered employees.
In carrying out paragraph (1), the Architect of the Capitol may use one or more vendors on a commission basis.
Subject to paragraph (2), the Architect of the Capitol shall charge fees or charges for electricity provided to covered employees sufficient to cover the costs to the Architect of the Capitol to carry out this section, including costs to any vendors or other costs associated with maintaining the battery charging stations.
Not later than 30 days after the end of each fiscal year, the Architect of the Capitol shall submit a report on the financial administration and cost recovery of activities under this section with respect to that fiscal year to the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and Senate.
Not later than 3 years after
If a determination is made under subparagraph (A) that a subsidy is being received, the Architect of the Capitol shall submit a plan to the Joint Committee on the Library on how to update the program to ensure no subsidy is being received. If the Joint Committee does not act on the plan within 60 days, the Architect of the Capitol shall take appropriate steps to increase rates or fees to ensure reimbursement for the cost of the program consistent with an appropriate schedule for amortization, to be charged to those using the charging stations.
This section shall apply with respect to fiscal year 2016 and each fiscal year thereafter.
There is established in the legislative branch the Office of Congressional Accessibility Services, to be headed by the Director of Accessibility Services.
The Office of Congressional Accessibility Services shall be subject to the direction of the Congressional Accessibility Services Board.
In this paragraph, the term “United States Capitol Complex” means the Capitol buildings (as defined in section 5101 of title 40) and the United States Capitol Grounds (as described in section 5102 of such title).
The Director of Accessibility Services shall be appointed by the Congressional Accessibility Services Board and shall be paid at a rate of pay determined by the Congressional Accessibility Services Board.
Upon removal of the Director of Accessibility Services, the Congressional Accessibility Services Board shall immediately provide notice of the removal to the Committee on Rules and Administration of the Senate, the Committee on House Administration of the House of Representatives, and the Committees on Appropriations of the House of Representatives and Senate. The notice shall include the reasons for the removal.
Subject to the approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, the Director of Accessibility Services may place orders and enter into agreements with the Office of the Architect of the Capitol, with other legislative branch agencies, and with any office or other entity of the Senate or House of Representatives for procuring goods and providing financial and administrative services on behalf of the Office of Congressional Accessibility Services, or to otherwise assist the Director in the administration and management of the Office of Congressional Accessibility Services.
The Director of Accessibility Services shall submit a report to the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives not later than 45 days following the close of each semiannual period ending on March 31 or September 30 of each year on the financial and operational status during the period of each function under the jurisdiction of the Director. Each such report shall include financial statements and a description or explanation of current operations, the implementation of new policies and procedures, and future plans for each function.
Section was formerly classified to section 130e of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 1990.
2008—Pub. L. 110–437 amended section generally, substituting provisions relating to Office of Congressional Accessibility Services for provisions relating to Special Services Office.
1995—Pub. L. 104–53 substituted “Sergeant at Arms” for “Clerk” after “comprised of the” and “Architect of the Capitol” for “Librarian of Congress”.
For transfer of contracts, liabilities, records, property, appropriations, other assets and interests, and employees of the Congressional Special Services Office of Capitol Guide Service to the Office of Congressional Accessibility Services, see section 2252 of this title.
The President pro tempore of the Senate and the Speaker of the House of Representatives shall cause a survey to be made of available space within the Capitol which could be utilized for joint committee meetings, meetings of conference committees, and other meetings, requiring the attendance of both Senators and Members of the House of Representatives; and shall recommend the reassignment of such space to accommodate such meetings.
Section was classified to section 174d–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section effective
The rooms and space recently occupied by the Library of Congress in the Capitol building shall be divided into three stories, the third story of which shall be fitted up and used for a reference library for the Senate and House of Representatives, and that portion of the other two stories north of a line drawn east and west through the center of the Rotunda shall be used for such purpose as may be designated by the Senate of the United States, and that portion of the first and second stories south of said line shall be used for such purpose as may be designated by the House of Representatives.
Section was classified to section 190b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
The Sergeants at Arms of the Senate and of the House of Representatives are authorized to make such regulations as they may deem necessary for preserving the peace and securing the Capitol from defacement, and for the protection of the public property therein, and they shall have power to arrest and detain any person violating such regulations, until such person can be brought before the proper authorities for trial.
Section was classified to section 193 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
R.S. § 1820 derived from acts Mar. 30, 1867, ch. 20, § 2, 15 Stat. 12; Apr. 29, 1876, ch. 86, 19 Stat. 41.
No furniture or carpets for either House shall be purchased without the written order of the chairman of the Committee on Rules and Administration, for the Senate, or without the written order of the chairman of the Committee on House Oversight of the House of Representatives, for the House of Representatives.
Section was classified to section 170 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
R.S. § 1816 derived from Res.
Provision of R.S. § 1816 relating to repairs of Capitol is classified to section 1814 of this title.
1996—Pub. L. 104–186 substituted “House Oversight of the House of Representatives, for the House of Representatives” for “Accounts of the House of Representatives, for the House”.
1946—Act
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Act Aug. 2, 1946, ch. 753, title I, § 142, 60 Stat. 834, provided that section 102 of that act shall take effect on
All changes and improvements in the Capitol grounds, including approaches to the Capitol, shall be estimated for in detail, showing what modifications are proposed and the estimate cost of the same.
Section was classified to section 173 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on act
Enlargement of the Capitol grounds by the acquisition of certain squares in the city of Washington, provided by the following Sundry Civil Appropriation Acts for the fiscal years 1911, 1912, 1913, and 1914.
June 23, 1913, ch. 3, 38 Stat. 44.
Aug. 24, 1912, ch. 355, 37 Stat. 454.
For fiscal year 2016 and each fiscal year thereafter, the Architect of the Capitol, in consultation with the District of Columbia, is authorized to maintain and improve the landscape features, excluding streets, in Square 580 up to the beginning of I–395.
Provisions similar to those in this section were contained in the following prior appropriation act:
Pub. L. 113–235, div. H, title II, § 206,
The facility authorized for construction under the heading “Capitol Visitor Center” under chapter 5 of title II of division B of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277; 112 Stat. 2681–569) is designated as the Capitol Visitor Center and is a part of the Capitol.
The Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives shall have oversight of the Capitol Visitor Center.
The expansion space of the Senate described as unassigned space under the heading “Capitol Visitor Center” under the heading “ARCHITECT OF THE CAPITOL” under title II of the Act entitled “An Act making appropriations for the Legislative Branch for the fiscal year ending
The expansion space of the House of Representatives described as unassigned space under the heading “Capitol Visitor Center” under the heading “ARCHITECT OF THE CAPITOL” under title II of the Act entitled “An Act making appropriations for the Legislative Branch for the fiscal year ending
The Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives shall jointly prescribe regulations for the assignment of the space in the Capitol Visitor Center known as the Congressional Auditorium and the related adjacent areas.
The regulations under paragraph (1) shall include a designation of the areas that are related adjacent areas to the Congressional Auditorium.
Subject to subparagraph (B), the Architect of the Capitol may enter into loan agreements to place historical objects for display in the Exhibition Hall of the Capitol Visitor Center.
This paragraph shall take effect on
A loan agreement described under paragraph (3)(A)(ii) may provide for the removal of an historical object from exhibition for preservation purposes and the substitution of that object with another historical object having a comparable educational purpose.
Provisions under the heading “Capitol Visitor Center” in chapter 5 of title II of division B of Public Law 105–277, 112 Stat. 2681–569, referred to in subsec. (a), are not classified to the Code.
Provisions under the headings “Capitol Visitor Center” and “ARCHITECT OF THE CAPITOL” in title II of Public Law 107–68, 115 Stat. 588, referred to in subsec. (c)(2)(A), are not classified to the Code.
Section is comprised of section 101 of Pub. L. 110–437. Subsec. (e) of section 101 of Pub. L. 110–437 repealed section 2165 of this title. Subsec. (f)(2) of section 101 of Pub. L. 110–437 amended section 2134 of this title.
Pub. L. 110–437, § 1(a),
Subsection (a) shall not apply to any room or space under the jurisdiction of the Senate or the House of Representatives.
The Emancipation Hall of the Capitol Visitor Center may not be used for any event, except upon the passage of a resolution agreed to by both houses of Congress authorizing the use of the Emancipation Hall for that event.
There is established within the Office of the Architect of the Capitol the Office of the Capitol Visitor Center (in this chapter referred to as the “Office”), to be headed by the Chief Executive Officer for Visitor Services (in this chapter referred to as the “Chief Executive Officer”).
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 110–437,
The Chief Executive Officer shall be appointed by the Architect of the Capitol.
The Chief Executive Officer shall report directly to the Architect of the Capitol and shall be subject to oversight by the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives.
Upon removal of the Chief Executive Officer, the Architect of the Capitol shall immediately provide notice of the removal to the Committee on Rules and Administration of the Senate, the Committee on House Administration of the House of Representatives, and the Committees on Appropriations of the House of Representatives and Senate. The notice shall include the reasons for the removal.
The Chief Executive Officer shall be paid at an annual rate of pay equal to the annual rate of pay of the Deputy Architect of the Capitol.
The individual who serves as the Chief Executive Officer for Visitor Services under section 1806 of this title as of
Section 1806 of this title, referred to in subsec. (e)(1), was repealed by Pub. L. 110–437, title II, § 202(e)(2),
Section is comprised of section 202 of Pub. L. 110–437. Subsec. (e)(2) of section 202 of Pub. L. 110–437 repealed section 1806 of this title.
The Architect of the Capitol, upon recommendation of the Chief Executive Officer, shall submit the proposed budget for the Office for a fiscal year in the proposed budget for that year for the Office of the Architect of the Capitol (as submitted by the Architect of the Capitol to the President). The proposed budget for the Office shall be considered independently from the other components of the proposed budget for the Architect of the Capitol.
In preparing the proposed budget for the Office under subparagraph (A), the Chief Executive Officer shall exclude costs attributable to the activities and services described under section 2271(b) of this title (relating to continuing jurisdiction of the Architect of the Capitol for the care and superintendence of the Capitol Visitor Center).
The Architect of the Capitol may not enter into a contract for the operations of the Capitol Visitor Center for which the amount involved exceeds $250,000 without the prior approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives.
The Chief Executive Officer shall submit a report to the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives not later than 45 days following the close of each semiannual period ending on March 31 or September 30 of each year on the financial and operational status during the period of each function under the jurisdiction of the Chief Executive Officer. Each such report shall include financial statements and a description or explanation of current operations, the implementation of new policies and procedures, and future plans for each function.
This chapter, referred to in subsecs. (a)(1) and (b), was in the original “this Act”, meaning Pub. L. 110–437,
The General Schedule, referred to in subsec. (b)(1), is set out under section 5332 of Title 5, Government Organization and Employees.
The individual who serves as the assistant under section 1807 of this title as of
Section 1807 of this title, referred to in subsec. (b)(1), was repealed by Pub. L. 110–437, title II, § 204(b)(2),
Section is comprised of section 204 of Pub. L. 110–437. Subsec. (b)(2) of section 204 of Pub. L. 110–437 repealed section 1807 of this title.
The Architect of the Capitol, acting through the Chief Executive Officer, shall establish a Capitol Visitor Center Gift Shop within the Capitol Visitor Center for the purpose of providing for the sale of gift items. All moneys received from sales and other services by the Capitol Visitor Center Gift Shop shall be deposited in the Capitol Visitor Center Revolving Fund established under section 2231 of this title and shall be available for purposes of this section.
Section 5104(c) of title 40 shall not apply to any activity carried out under this section.
The Architect of the Capitol, acting through the Chief Executive Officer, shall establish within the Capitol Visitor Center a restaurant and other food service facilities, including catering services and vending machines.
The Architect of the Capitol, acting through the Chief Executive Officer, may enter into a contract for food service operations within the Capitol Visitor Center.
Nothing in paragraph (1) shall be construed to affect any contract for food service operations within the Capitol Visitor Center in effect on
All net profits from the food service operations within the Capitol Visitor Center and all commissions received from the contractor for such food service operations shall be deposited in the Capitol Visitor Center Revolving Fund established under section 2231 of this title.
Section 5104(c) of title 40 shall not apply to any activity carried out under this section.
There shall be deposited in the Gift Shop Account all monies received from sales and other services by the gift shop established under section 2215 of this title, together with any interest accrued on balances in the Account.
All monies in the Gift Shop Account shall be available without fiscal year limitation for disbursement by the Architect of the Capitol, upon recommendation of the Chief Executive Officer, in connection with the operation of the gift shop under section 2215 of this title, including supplies, inventories, equipment, and other expenses. In addition, such monies may be used by the Architect of the Capitol, upon recommendation of the Chief Executive Officer, to reimburse any applicable appropriations account for amounts used from such appropriations account to pay the salaries of employees of the gift shops.
Disbursements from the Fund may be made by the Architect of the Capitol, upon recommendation of the Chief Executive Officer.
The Secretary of the Treasury shall invest any portion of the Fund that, as determined by the Architect of the Capitol, upon recommendation of the Chief Executive Officer, is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States or an obligation guaranteed both as to principal and interest by the United States that, as determined by the Architect of the Capitol, upon recommendation of the Chief Executive Officer, has a maturity date suitable for the purposes of the Fund. The Secretary of the Treasury shall credit interest earned on the obligations to the Fund.
The Fund shall be subject to audit by the Comptroller General at the discretion of the Comptroller General.
Any individual who is an employee of the Capitol Guide Service on a non-temporary basis on the transfer date who is transferred to the Office under subsection (a) shall be subject to the authority of the Architect of the Capitol under section 2242(b) of this title, except that the individual’s grade, compensation, rate of leave, or other benefits that apply with respect to the individual at the time of transfer shall not be reduced while such individual remains continuously so employed in the same position within the Office, other than for cause.
This section does not apply with respect to any employees, contracts, liabilities, records, property, appropriations, and other assets and interests of the Congressional Special Services Office of the Capitol Guide Service that are transferred to the Office of Congressional Accessibility Services under part B.
This subchapter, referred to in subsec. (a), was in the original “this title”, meaning title IV of Pub. L. 110–437,
Section 2166 of this title, referred to in subsec. (a)(2), was repealed by Pub. L. 110–437, title IV, § 422(a),
In accordance with this section, the Capitol Guide Service shall provide without charge guided tours of the interior of the United States Capitol, including the Capitol Visitor Center, for the education and enlightenment of the general public.
An employee of the Capitol Guide Service shall not charge or accept any fee, or accept any gratuity, for or on account of the official services of that employee.
All such tours shall be conducted in compliance with regulations approved by the Architect of the Capitol, upon recommendation of the Chief Executive Officer.
The Chief Executive Officer shall coordinate the provision of accessible tours for individuals with disabilities with the Office of Congressional Accessibility Services established under part B.
This section shall take effect on the transfer date.
The Director of Accessibility Services shall submit to the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives a list of the specific functions that the Office of Congressional Accessibility Services will perform in carrying out this part with the approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives. The Director of Accessibility Services shall submit the list not later than 30 days after the transfer date.
The individual who serves as the head of the Congressional Special Services Office as of
Section is comprised of section 411 of Pub. L. 110–437. Subsec. (a) of section 411 of Pub. L. 110–437 amended section 2172 of this title.
Any individual who is an employee of the Congressional Special Services Office of the Capitol Guide Service on a non-temporary basis on the transfer date who is transferred under subsection (a) shall be subject to the authority of the Director of Accessibility Services under section 2172(b) of this title (as amended by section 2251 of this title), except that the individual’s grade, compensation, rate of leave, or other benefits that apply with respect to the individual at the time of transfer shall not be reduced while such individual remains continuously so employed in the same position within the Office of Congressional Accessibility Services established under section 2172(a) of this title (as amended by section 2251 of this title), other than for cause.
The Director of Accessibility Services may not impose a period of probation with respect to the transfer of any individual who is transferred to the Office of Congressional Accessibility Services under subsection (a).
This subchapter, referred to in subsec. (a), was in the original “this title”, meaning title IV of Pub. L. 110–437,
In this subchapter, the term “transfer date” means the date occurring on the first day of the first pay period (applicable to employees transferred under section 2241 of this title) occurring on or after 30 days after
This subchapter, referred to in text, was in the original “this title”, meaning title IV of Pub. L. 110–437,
Nothing in this chapter granting any authority to the Architect of the Capitol or Chief Executive Officer shall be construed to affect the exclusive jurisdiction of the Capitol Police, the Capitol Police Board, the Sergeant at Arms and Doorkeeper of the Senate, and the Sergeant at Arms of the House of Representatives to provide security for the Capitol, including the Capitol Visitor Center.
Nothing in this chapter granting any authority to the Chief Executive Officer shall be construed to affect the exclusive jurisdiction of the Architect of the Capitol for the care and superintendence of the Capitol Visitor Center. All maintenance services, groundskeeping services, improvements, alterations, additions, and repairs for the Capitol Visitor Center shall be made under the direction and supervision of the Architect, subject to the approval of the Committee on Rules and Administration of the Senate and the House Office Building Commission as to matters of general policy.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 110–437,
Section is comprised of section 501 of Pub. L. 110–437. Subsec. (b)(2) of section 501 of Pub. L. 110–437 repealed section 1825 of this title.
Notwithstanding section 1342 of title 31, the Architect of the Capitol, upon the recommendation of the Chief Executive Officer, may accept and use voluntary and uncompensated services for the Capitol Visitor Center as the Architect of the Capitol determines necessary. No person shall be permitted to donate personal services under this section unless such person has first agreed, in writing, to waive any and all claims against the United States arising out of or connection with such services, other than a claim under the provisions of chapter 81 of title 5. No person donating personal services under this section shall be considered an employee of the United States for any purpose other than for purposes of chapter 81 of such title. In no case shall the acceptance of personal services under this subsection 1
Any amount collected under this section shall first be used to reimburse the Architect of the Capitol for any costs incurred in the collection and processing of the coins, and maintaining fountains under the jurisdiction of the Architect of the Capitol. The amount of any such reimbursement is appropriated to the account from which such costs were paid and may be used for any authorized purpose of that account.
The Architect of the Capitol shall deposit coins collected under this section in the Miscellaneous Receipts Account of the Capitol Visitor Center Revolving Fund established under section 2231 of this title.
Amounts deposited in the Miscellaneous Receipts Account of the Capitol Visitor Center Revolving Fund under this section shall be available as provided under section 2233(b) of this title.
2022—Subsec. (c). Pub. L. 117–103 inserted “, and maintaining fountains under the jurisdiction of the Architect of the Capitol” before period at end of first sentence.
There are authorized to be appropriated such sums as are necessary to carry out this chapter.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 110–437,
Section was formerly classified to section 60–1 of this title prior to editorial reclassification and renumbering as this section.
Section effective immediately prior to noon on
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.
Section was formerly classified to section 111 of this title prior to editorial reclassification and renumbering as this section.
Bureau of Federal Supply and its functions and duties transferred to Administrator of General Services by act
Effective
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, §§ 301, 303, eff.
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.
Section was formerly classified to section 111b of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1983.
Pub. L. 98–63, title I, § 903(b),
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.
The Secretary of the Senate and the Chief Administrative Officer of the House of Representatives shall, in disbursing the public moneys for the use of the two Houses, respectively, purchase only articles the growth and manufacture of the United States, provided the articles required can be procured of such growth and manufacture upon as good terms as to quality and price as are demanded for like articles of foreign growth and manufacture.
Section was formerly classified to section 109 of this title prior to editorial reclassification and renumbering as this section.
R.S. § 69 derived from act June 17, 1844, ch. 105, § 1, 5 Stat. 681.
1996—Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.
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 Director of the Government Publishing Office at actual cost thereof and payment therefor shall be made before delivery.
Section was formerly classified to section 110 of this title prior to editorial reclassification and renumbering as this section.
Stationery room of House of Representatives redesignated Office Supply Service.
“Director of the Government Publishing Office” substituted for “Public Printer” in text on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.
The Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate, respectively, shall make and issue regulations specifying the classes of articles which may be purchased by or through the stationery rooms of the House and Senate.
Section was formerly classified to section 119 of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 substituted “Committee on House Oversight” for “Committee on Accounts”.
1946—Act
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Stationery room of House of Representatives redesignated Office Supply Service.
Act Aug. 2, 1946, ch. 753, title I, § 142, 60 Stat. 834, provided that the amendment made by that act is effective
Notwithstanding the provisions of any other law, the unexpended balances of appropriations for the fiscal year 1955 and succeeding fiscal years which are subject to disbursement by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives shall be withdrawn as of June 30 of the second fiscal year following the year for which provided, except that the unexpended balances of such appropriations for the period commencing on
Section was formerly classified to section 102a of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.
1976—Pub. L. 94–303 provided that unexpended balances for period commencing
Section 102 of this title, referred to in par. (1), was repealed by Pub. L. 104–186, title II, § 204(52),
Sections 103 and 104 of this title, referred to in par. (1), were omitted from the Code.
Section was formerly classified to section 104a of this title prior to editorial reclassification and renumbering as this section.
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, § 4(b),
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, § 5(b),
2009—Par. (1). Pub. L. 111–68, § 2(1), substituted “may” for “shall” in last sentence.
Par. (6). Pub. L. 111–68, § 2(2), added par. (6).
2004—Par. (1). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
2000—Par. (5). Pub. L. 106–554 added par. (5).
1996—Par. (1). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk” in two places.
1994—Par. (4). Pub. L. 103–283 added par. (4).
1992—Par. (3). Pub. L. 102–392 added par. (3).
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.
Pub. L. 106–554, § 1(a)(2) [title I, § 1(b)],
Amendment by Pub. L. 103–283 effective with respect to reports and statements covering periods beginning on and after
For termination, effective
Provisions of this section requiring submission and printing of statements and reports not applicable to the House of Representatives, see section 5535(e) of this title.
The Secretary of the Senate and the Chief Administrative Officer of the House of Representatives, respectively, shall report to Congress on the first day of each regular session, and at the expiration of their terms of service, a full and complete statement of all their receipts and expenditures as such officers, showing in detail the items of expense, classifying them under the proper appropriations, and also showing the aggregate thereof, and exhibiting in a clear and concise manner the exact condition of all public moneys by them received, paid out, and remaining in their possession as such officers.
Section was formerly classified to section 113 of this title prior to editorial reclassification and renumbering as this section.
R.S. § 70 derived from act July 15, 1870, ch. 302, § 1, 16 Stat. 365.
1996—Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.
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.
Section was formerly classified to section 51 of this title prior to editorial reclassification and renumbering as this section.
Pub. L. 105–275, title II, § 209,
Pub. L. 97–245,
Not later than 180 days after
Each report submitted under subsection (a) shall include statistics on cyber attacks and other incidents of espionage or surveillance targeted against Senators or the immediate families or staff of the Senators, and Representatives, Delegates, and the Resident Commissioner, or the immediate families or staff of the Representatives, Delegates, and the Resident Commissioner, in which the nonpublic communications and other private information of such targeted individuals were lost, stolen, or otherwise subject to unauthorized access.
In preparing a report to be submitted under subsection (a), the Comptroller General shall consult with the Director of National Intelligence, the Secretary of Homeland Security, the Sergeant at Arms of the House of Representatives, and the Sergeant at Arms and Doorkeeper of the Senate.
The report under subsection (a), including the contents of the report in subsection (b), shall be submitted in unclassified form, but may include a classified annex to protect sources and methods and any appropriate redactions of personally identifiable information.
For definition of “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of Title 50, War and National Defense.
This section may be cited as the “Intragovernmental Cybersecurity and Counterintelligence Information Sharing Act”.
The individuals designated by the President under subparagraph (A) shall coordinate with appropriate Executive agencies (as defined in section 105 of title 5, including the Executive Office of the President) and appropriate officers in the executive branch in entering any agreement described in paragraph (2).
The agreements described in subparagraph (A) shall establish procedures for timely sharing of tactical and operational cybersecurity threat and security vulnerability information and planned or ongoing counterintelligence operations or targeted collection efforts with the legislative branch.
Not less frequently than semiannually during the 3-year period beginning on
Section 5171 of this division, referred to in subsec. (c)(2), probably should be a reference to section 7143(b)(1) of div. G of Pub. L. 117–263, which added section 650 of Title 6, Domestic Security.
Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress,
Pub. L. 118–31, div. A, title V, § 502,
On
The first undesignated paragraph under the center heading “
Section was formerly classified to section 117g of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1990, which is title I of the Legislative Branch Appropriations Act, 1990.
Section was formerly classified to section 117h of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1993, which is title I of the Legislative Branch Appropriations Act, 1993.
The Attending Physician to Congress shall have the authority and responsibility for overseeing and coordinating the use of medical assets in response to a bioterrorism event and other medical contingencies or public health emergencies occurring within the Capitol Buildings or the United States Capitol Grounds. This shall include the authority to enact quarantine and to declare death. These actions will be carried out in close cooperation and communication with the Commissioner of Public Health, Chief Medical Examiner, and other Public Health Officials of the District of Columbia government.
Subsection (a) shall take effect on
Section was formerly classified to section 121g of this title prior to editorial reclassification and renumbering as this section.
There is established the House Recording Studio, the Senate Recording Studio, and the Senate Photographic Studio.
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.
The House Recording Studio shall be operated by the Chief Administrative Officer of the House of Representatives under the direction and control of a committee which is created (hereinafter referred to as the committee) composed of three Members of the House. Two members of the committee shall be from the majority party and one member shall be from the minority party, to be appointed by the Speaker. The committee is authorized to issue such rules and regulations relating to operation of the House Recording Studio as it may deem necessary.
The Senate Recording Studio and the Senate Photographic Studio shall be operated by the Sergeant at Arms of the Senate under the direction and control of the Committee on Rules and Administration of the Senate. The Committee on Rules and Administration is authorized to issue such rules and regulations relating to operation of the Senate Recording Studio and the Senate Photographic Studio as it may deem necessary.
The Chief Administrative Officer of the House of Representatives shall, subject to the approval of the committee, set the price of making disk, film, and tape recordings, and collect all moneys owed the House Recording Studio. The Committee on Rules and Administration of the Senate shall set the price of making disk, film, and tape recordings and all moneys owed the Senate Recording Studio and the Senate Photographic Studio shall be collected by the Sergeant at Arms of the Senate.
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.
The Chief Administrative Officer of the House of Representatives is authorized, subject to the approval of the committee, to appoint a Director of the House Recording Studio and such other employees as are deemed necessary to the operation of the House Recording Studio.
There is established in the Treasury of the United States, a revolving fund for the House Recording Studio for the purposes of administering the duties of that studio. There is also established in the Treasury of the United States a revolving fund, within the contingent fund of the Senate, which shall be known as the “Senate Photographic Studio Revolving Fund”, for the purpose of administering the duties of the Senate Photographic Studio; and there is established in the Treasury of the United States, a revolving fund, within the contingent fund of the Senate, which shall be known as the “Senate Recording Studio Revolving Fund”, for the purpose of administering the duties of the Senate Recording Studio.
All moneys received by the House Recording Studio from Members of the House of Representatives for disk, film, or tape recordings, or from any other source, shall be deposited by the Chief Administrative Officer of the House of Representatives in the revolving fund established for the House Recording Studio by the preceding paragraph; moneys in such fund shall be available for disbursement therefrom by the Chief Administrative Officer of the House of Representatives for the care, maintenance, operation, and other expenses of the studio upon vouchers signed and approved in such manner as the committee shall prescribe. All moneys received by the Senate Recording Studio shall be deposited in the Senate Recording Studio Revolving Fund established by subsection (g) 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.
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.
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.
The Joint Recording Facility positions and salaries established pursuant to the Legislative Branch Appropriation Act, 1948, and all subsequent Acts are abolished.
Effective with the completion of the transfer provided for by subsection (i) hereof 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
Such sums as may be necessary to carry out the provisions of this section are authorized to be appropriated.
Section was formerly classified to section 123b of this title prior to editorial reclassification and renumbering as this section.
1996—Subsecs. (c), (d), (f). Pub. L. 104–186, § 204(68)(A), substituted “Chief Administrative Officer” for “Clerk”.
Subsec. (g). Pub. L. 104–186, § 204(68)(B), struck out “within the contingent fund of the House of Representatives” before “for the House Recording Studio”.
Subsec. (h). Pub. L. 104–186, § 204(68)(A), substituted “Chief Administrative Officer” for “Clerk” in two places.
1990—Subsec. (g). Pub. L. 101–520, § 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, § 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”.
General Accounting Office redesignated Government Accountability Office by section 8 of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance.
Pub. L. 101–520, title I, § 7(b),
Pub. L. 101–520, title I, § 7(c),
Amendment by Pub. L. 88–652 effective
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 4132(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.
Pub. L. 104–53, title I, § 107,
Section was formerly classified to section 123b–1 of this title prior to editorial reclassification and renumbering as this section.
Words “prior to
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 6597 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
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.”
Pub. L. 101–520, title I, § 7(d),
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.
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
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) 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.
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.
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 Oversight of the House of Representatives, as the case may be.
Staff members appointed pursuant to a request by minority members of a committee under subsection (a) or subsection (c), 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.
Section was formerly classified to section 72a of this title prior to editorial reclassification and renumbering as this section.
In subsec. (i)(2), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c),
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, § 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, § 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, § 105, 65 Stat. 403, House Resolution No. 393 of the Eighty-eighth Congress, which was enacted into permanent law by Pub. L. 88–454, § 103,
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, § 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, § 103, 70 Stat. 370, House Resolution No. 126 of the Eighty-fifth Congress, which was enacted into permanent law by Pub. L. 85–75, § 103,
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, § 103,
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, § 103,
1997—Subsec. (j)(1). Pub. L. 105–55 amended directory language of Pub. L. 104–186, § 204(11). See 1996 Amendment note below.
1996—Subsec. (f). Pub. L. 104–186, § 204(10)(A), substituted “House Oversight” for “House Administration”.
Subsec. (i)(1). Pub. L. 104–186, § 204(10), substituted “House Oversight” for “House Administration”, “contingent fund of the Senate or the applicable accounts of the House of Representatives pursuant to resolutions which, in the case of the Senate,” for “contingent funds of the respective Houses pursuant to resolutions, which”, and “the appropriate House” for “such respective Houses”.
Subsec. (i)(3). Pub. L. 104–186, § 204(10)(A), substituted “House Oversight” for “House Administration”.
Subsec. (j)(1). Pub. L. 104–186, § 204(11), as amended by Pub. L. 105–55, § 105(a), substituted “committee involved in the case of standing committees of the House of Representatives, and within the limits of funds made available from the contingent fund of the Senate or the applicable accounts of the House of Representatives pursuant to resolutions, which, in the case of the Senate, shall specify the maximum amounts which may be used for such purpose, approved by the appropriate House” for “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” and “Chief Administrative Officer of the House of Representatives” for “Clerk of the House”.
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, § 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, § 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, § 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, § 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, § 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, § 301(c), added subsec. (g).
Subsec. (h). Pub. L. 91–510, § 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
Subsec. (i). Pub. L. 91–510, § 303, added subsec. (i).
Subsec. (j). Pub. L. 91–510, § 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
1949—Subsec. (g). Act
1947—Subsec. (e). Act
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Pub. L. 105–55, title I, § 105(b),
Amendment by Pub. L. 92–136 effective as of noon on
Pub. L. 91–510, title VI, § 601, “The foregoing provisions of this Act [see Tables for classification] shall take effect as follows:
Amendment by Pub. L. 88–426 effective first day of first pay period which begins on or after
Amendment by Pub. L. 85–462 effective first day of first pay period which began on or after
Amendment by act
Act Aug. 2, 1946, ch. 753, title II, § 245, 60 Stat. 839, provided that:
Pub. L. 91–510, § 1,
Act Aug. 2, 1946, ch. 753, § 1(a), 60 Stat. 812, provided that such Act [see Tables for classification] may be cited as the “Legislative Reorganization Act of 1946.”
Section 2(a) of S. Res. 274, Ninety-sixth Congress,
Section 2(d) of Senate Resolution 281, Ninety-sixth Congress, approved
Pub. L. 104–53, title I, § 105,
Pub. L. 91–510, title III, § 301(d),
Pub. L. 91–510, title III, § 301(e),
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 4531, 4532, and 4571 of this title, Salary Directives of President pro tempore of the Senate set out as notes under section 4571 of this title, and Salary Directives of Speaker of the House set out as notes under sections 4531 and 4532 of this title.
Act Aug. 2, 1946, ch. 753, title I, §§ 102, 121, 60 Stat. 814, 822, 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
S. Res. 243, One Hundredth Congress,
“(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.
“
“(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.
“
“(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.
“
“
“(b) This resolution shall take effect on
S. Res. 229, One Hundredth Congress,
Act Aug. 2, 1946, ch. 753, title II, § 244, 60 Stat. 839, provided in part:
The maximum annual rate of compensation of the Chief of Staff of the Joint Committee on Taxation shall not exceed the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title.
Section was formerly classified to section 74a–2 of this title prior to editorial reclassification and renumbering as this section.
2019—Pub. L. 116–94 substituted “The maximum annual rate of compensation of the Chief of Staff of the Joint Committee on Taxation shall not exceed the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title.” for “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.”
1994—Pub. L. 103–437 substituted “Joint Committee on Taxation” for “Joint Committee on Internal Revenue Taxation”.
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Section effective as of beginning of first pay period which begins on or after
Compensation of Legislative Counsel of House of Representatives, see section 282b of this title.
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.
Section was formerly classified to section 105 of this title prior to editorial reclassification and renumbering as this section.
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.
Section was formerly classified to section 72a–1b of this title prior to editorial reclassification and renumbering as this section.
Section is based on House Resolution No. 16, Eighty-seventh Congress,
Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90–206), Federal Pay Comparability Act of 1970 (Pub. L. 91–656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100–202), see sections 4531 and 4532 of this title, and Salary Directives of Speaker of the House, set out as notes under those sections.
Appropriations for committee employees shall be available in such amounts and under such regulations as may be approved by the Committee on House Oversight for compensation of employees of the standing committees of the House of Representatives, except the Committee on Appropriations.
Section was formerly classified to section 72b of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 substituted “House Oversight” for “House Administration”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
The provision of law referred to in subsection (a) is section 4314 of this title.
As used in this section, the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress.
Section was formerly classified to section 57 of this title prior to editorial reclassification and renumbering as this section.
Section is based on House Resolution No. 457, Ninety-second Congress,
1999—Subsec. (a)(1), (2). Pub. L. 106–57 substituted “all aspects of official mail” for “all aspects of the Official Mail Allowance”.
1996—Pub. L. 104–186 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) authorizing Committee on House Administration to adjust certain allowances for Members, committees, and officers of House of Representatives.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Pub. L. 106–57, title I, § 103(c),
Pub. L. 101–520, title I, § 104,
In the case of reasons other than the reasons specified in paragraph (1), (2), or (3) of subsection (a), the fixing and adjustment of the allowances of the House of Representatives in the categories described in the provision of law specified in subsection (c) may be carried out only by resolution of the House of Representatives.
The provision of law referred to in subsections (a) and (b) is section 4313 of this title.
The General Schedule, referred to in subsec. (a)(3), is set out under section 5332 of Title 5, Government Organization and Employees.
Section was formerly classified to section 57a of this title prior to editorial reclassification and renumbering as this section.
Section is based on House Resolution No. 1372, § 1, Ninety-fourth Congress,
1996—Pub. L. 104–186 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating to limitations on authority of the Committee on House Administration to fix and adjust allowances.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
The Federal Bureau of Investigation, notwithstanding any other provision of law, may in any fiscal year pay all administrative uncontrollable overtime accrued by its employees while on detail to the Committee on Appropriations.
Section was formerly classified as a note under section 72a of this title prior to editorial reclassification and renumbering as this section.
Section 5321(b) of this title shall apply with respect to an intern who is compensated under an allowance under this section in the same manner as such section applies with respect to an intern who is compensated under the Members’ Representational Allowance.
In this section, the term “intern”, with respect to a committee of the House, has the meaning given such term with respect to a Member of the House of Representatives in section 5321(c)(2) of this title.
There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2022 and each succeeding fiscal year.
Section is comprised of section 113 of div. I of Pub. L. 117–103. Subsec. (d) of section 113 of div. I of Pub. L. 117–103 amended section 5507 of this title.
Compensation for stenographic assistance of committees paid out of the items under “Contingent Expenses of the Senate” on and after
Section was formerly classified to section 68c of this title prior to editorial reclassification and renumbering as this section.
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.
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) 1
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.
Section 705(c)(1) of Senate Resolution 4, 95th Congress, referred to in par. (2), which was not classified to the Code, was repealed by Pub. L. 95–94, title I, § 111(e)(2),
Section 72a–1d(c)(1) of this title, referred to in par. (2), was repealed by Pub. L. 95–94, title I, § 111(e)(1),
Section was formerly classified to section 72a–1e of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriation Act, 1978, which is title I of the Legislative Branch Appropriation Act, 1978.
Pub. L. 95–94, title I, § 111(f),
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.
Section was formerly classified to section 69 of this title prior to editorial reclassification and renumbering as this section.
1949—Act
Act
Funds in the account, within the contingent fund of the Senate, available for the expenses of inquiries and investigations shall be available for franked mail expenses incurred by committees of the Senate the other expenses of which are paid from that account.
Section was formerly classified to section 69–1 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1998, which is title I of the Legislative Branch Appropriations Act, 1998.
Pub. L. 105–55, title I, § 6(c),
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.
Section was formerly classified to section 67a of this title prior to editorial reclassification and renumbering as this section.
1946—Act
“Director of the Office of Personnel Management” substituted in text for “Civil Service Commission” pursuant to Reorg. Plan No. 2 of 1978, § 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
This section shall be effective on and after
Senate Resolution 140, agreed to
Section was formerly classified to section 72d of this title prior to editorial reclassification and renumbering as this section.
Section is comprised of section 10 of Pub. L. 105–275. Subsec. (b) of section 10 of Pub. L. 105–275 amended section 4 of Senate Resolution 54, 105th Congress, which is not classified to the Code.
Section is from the Congressional Operations Appropriations Act, 1999, which is title I of the Legislative Branch Appropriations Act, 1999.
2005—Subsec. (a)(5). Pub. L. 109–55 inserted “, except that any approval (and related reporting requirement) shall not apply” after “
This section shall take effect on
Section was formerly classified to section 72d–1 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1999, which is title I of the Legislative Branch Appropriations Act, 1999.
Notwithstanding any other provisions of law, a Senator who is the Chairman or Vice Chairman of the Senate Select Committee on Ethics may designate one employee employed in his Senate office to perform part-time service for such Committee, and such Committee shall reimburse such Senator for such employee’s services for the Committee by transferring from the contingent fund of the Senate, upon vouchers approved by the Chairman of such Committee, to such Senator’s Administrative, Clerical, and Legislative Assistance Allowance, with respect to each pay period of such employee, an amount which bears the same ratio to such employee’s salary (but not more than one-half of such salary) for such period, as the portion of the time spent (or to be spent) by such employee in performing services for such Committee during such period bears to the total time for which such employee worked (or will work) during such period (as determined by the Chairman of such Committee) for such Committee and in such Senator’s office. Any funds transferred under authority of the preceding sentence to a Senator’s Administrative, Clerical, and Legislative Assistance 1
Section was formerly classified to section 72a–1f of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriation Act, 1985, which is title I of the Legislative Branch Appropriations Act, 1985.
The General Schedule, referred to in par. (2), is set out under section 5332 of Title 5, Government Organization and Employees.
Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in par. (2)(A), is section 704(a)(1) of Pub. L. 101–194, which is set out as a note under section 5318 of Title 5.
Section was formerly classified to section 31 of this title prior to editorial reclassification and renumbering as this section.
1994—Par. (2). Pub. L. 103–356 designated existing provisions as subpar. (A), substituted “Subject to subparagraph (B), effective” for “Effective”, and added subpar. (B).
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
1949—Act
Pub. L. 103–356, title I, § 101,
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
Amendment by Pub. L. 101–194 effective
Amendment by Pub. L. 91–67 effective
Amendment by Pub. L. 89–301 effective on first day of first pay period which begins on or after
Amendment by Pub. L. 88–426 effective at noon,
Act Mar. 2, 1955, ch. 9, § 5, 69 Stat. 11, provided that:
Amendment by act
Act Aug. 2, 1946, ch. 753, title VI, § 601(a), 60 Stat. 850, provided that the salary rates provided by such section 601(a) are effective
Pub. L. 117–10, § 1,
Pub. L. 113–3, § 1,
Pub. L. 104–186, § 1(a),
Pub. L. 88–426, title II, § 201,
Pub. L. 113–3, § 3,
Pub. L. 118–47, § 7,
Similar provisions were contained in the following prior acts:
Pub. L. 117–328, § 6,
Pub. L. 117–103, § 6,
Pub. L. 116–260, § 7,
Pub. L. 116–94, § 7,
Pub. L. 115–244, div. B, title II, § 212,
Pub. L. 115–141, § 7(a),
Pub. L. 114–223, div. C, § 175, as added by Pub. L. 114–254, div. A, § 101(3),
Pub. L. 114–113, § 9,
Pub. L. 113–235, § 8,
Pub. L. 113–46, div. A, § 146,
Pub. L. 112–240, title VIII, § 802,
Pub. L. 111–165, § 1,
Pub. L. 111–8, div. J, § 103,
Pub. L. 109–289, div. B, title I, § 115, as added by Pub. L. 110–5, § 2,
Pub. L. 103–6, § 7,
Pub. L. 98–63, title I, § 908(d), (f),
For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of this title.
For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of Title 5, Government Organization and Employees.
For adjustment of pay rates under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organization and Employees.
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.
Section was formerly classified as a note under section 31 of this title prior to editorial reclassification and renumbering as this section.
The Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives are authorized to prescribe, for employees of their respective Houses, such rules and regulations as may be necessary to carry out the provisions of this section.
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.
For definition of Canal Zone, referred to in subsec. (b), see section 3602(b) of Title 22, Foreign Relations and Intercourse.
Section was formerly classified to section 130b of this title prior to editorial reclassification and renumbering as this section.
1996—Subsec. (a)(1). Pub. L. 104–186, § 204(74), substituted “Chief Administrative Officer” for “Clerk”.
Subsec. (f). Pub. L. 104–186, § 204(75), substituted “House Oversight” for “House Administration”.
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”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Pub. L. 94–310, § 4,
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
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Section was formerly classified to section 130a of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 designated existing provisions as subsec. (a), in par. (1) substituted “Chief Administrative Officer” for “Clerk”, in provisions following par. (2) substituted “the purposes of the provisions of law specified in subsection (b), if the award” 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”, “Chief Administrative Officer of the House of Representatives, as appropriate” for “Clerk of the House of Representatives, as appropriate”, and “Chief Administrative Officer of the House of Representatives by records” for “Clerk of the House by records”, and added subsec. (b).
Notwithstanding any other provision of law, the head of any office in the legislative branch may establish a program under which voluntary separation incentive payments may be offered to eligible employees of the office to encourage such employees to separate from service voluntarily (whether by retirement or resignation), in accordance with this section.
No voluntary separation incentive payment may be paid under this section with respect to an office unless the head of the office submits a plan described in paragraph (2) to each applicable committee described in paragraph (3), and each applicable committee approves the plan.
For purposes of this subsection, the “applicable committee” with respect to an office means any committee of the House of Representatives or Senate with jurisdiction over the activities of the office under the applicable rules of the House of Representatives and the Senate (as determined by the head of the office), but does not include the Committees on Appropriations of the House of Representatives and the Senate.
Subject to paragraph (2), an employee who has received a voluntary separation incentive payment under this section and accepts employment with the Government of the United States within 5 years after the date of the separation on which the payment is based shall be required to repay the entire amount of the incentive payment to the office that paid the incentive payment.
For purposes of paragraph (1) (but not paragraph (2)), the term “employment” includes employment under a personal services contract with the United States.
This section shall take effect on
Section was formerly classified to section 60q of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
2011—Subsec. (d). Pub. L. 112–74, § 1401(a)(1), struck out subsec. (d). Prior to amendment, text read as follows: “This section shall not apply to any office which is an Executive agency under section 105 of title 5 or any employee of such an office.”
Subsec. (f)(2)(A). Pub. L. 112–74, § 1401(a)(2), substituted “title 5, but excluding the Government Accountability Office” for “title 5”.
Pub. L. 112–74, div. G, title I, § 1401(c),
Any death gratuity payment at any time specifically appropriated by any Act of Congress or at any time made out of the applicable accounts of the House of Representatives or the contingent fund of the Senate shall be held to have been a gift.
Section was formerly classified identically to sections 38b and 125a of this title. Section 38b was omitted from the Code and section 125a was editorially reclassified and renumbered as this section.
1996—Pub. L. 104–186 substituted “applicable accounts of the House of Representatives or the contingent fund” for “contingent fund of the House of Representatives or”.
Section 2166 of this title, referred to in subsec. (a)(3), was repealed by Pub. L. 110–437, title IV, § 422(a),
Section was formerly classified to section 60j of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
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.
1982—Subsec. (b)(1). Figure “463” deemed to refer to the figure “482”, effective
1981—Subsec. (b)(1). Figure “$441” deemed to refer to the figure “$463”, effective
1980—Subsec. (b)(1). Figure “404” deemed to refer to the figure “441”, effective
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
1976—Subsec. (b). Figure “954” deemed to refer to the figure “1,002”, effective
1975—Subsec. (b). Figure “906” deemed to refer to the figure “954”, effective
1974—Subsec. (a)(8). Pub. L. 93–371 added par. (8).
Subsec. (b). Figure “855” deemed to refer to the figure “906”, effective
1973—Subsec. (b). Figure “816” deemed to refer to the figure “855”, effective
1972—Subsec. (b). Figure “777” deemed to refer to the figure “816” pursuant to Pub. L. 91–656, § 4, see section 4(d) of Salary Directive of President pro tempore of the Senate,
1971—Subsec. (b). Figure “738” deemed to refer to the figure “777”, effective
Figure “696” deemed to refer to the figure “738”, effective
1969—Subsec. (b). Figure “597”, as increased by Order of
1968—Subsec. (b). Figure “564”, deemed, on and after
1967—Subsec. (b). Pub. L. 90–206, § 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.
Pub. L. 96–304, title I, § 107(d),
Pub. L. 95–391, title I, § 110(b),
Pub. L. 95–240, title II, § 205,
Amendment by Pub. L. 90–206 effective at beginning of first pay period which begins on or after
Amendment by Pub. L. 90–57 effective
Amendment by Pub. L. 88–454 effective
Pub. L. 87–730, § 106(e),
For transfer of authorities, personnel, assets, and liabilities of the Capitol Guide Service to the Office of the Capitol Visitor Center and the Office of Congressional Accessibility Services, see sections 2241 and 2252 of this title.
Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress,
This section not to apply, on or after
The provisions of subsections (a) and (b) of section 4507 1
Section was formerly classified to section 60j–2 of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 struck out “(a)” before “The provisions” and substituted “Chief Administrative Officer” for “Clerk” in two places.
Statutory functions, duties, or authority of Chief Administrative Officer of the House of Representatives or the Secretary of the Senate as disbursing officers for the Capitol Police transferred to Chief of the Capitol Police, and references in any law or resolution before
Section 4507 of this title, referred to in text, not to apply, on or after
Section 4507 of this title on or after
Section was formerly classified to section 60j–4 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984.
The compensation of Members and Delegates shall be passed as public accounts, and paid out of the public Treasury.
Section was formerly classified to section 47 of this title prior to editorial reclassification and renumbering as this section.
R.S. § 46 derived from acts Jan. 22, 1818, ch. 5, § 3, 3 Stat. 404, and Feb. 10, 1854, ch. 11, § 1, 10 Stat. 267.
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.
Section was formerly classified to section 40 of this title prior to editorial reclassification and renumbering as this section.
R.S. § 41 derived from Res.
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 Chief Administrative Officer of the House of Representatives in the case of an indebtedness to the House of Representatives and to the Secretary of the Senate in the case of an indebtedness to the Senate, and such latter officials are authorized and directed, respectively, to deduct from any salary, mileage, or expense money due to any such delinquent such certified amounts or so much thereof as the balance or balances due such delinquent may cover. Sums so deducted by the Secretary of the Senate shall be disposed of by him in accordance with existing law, and sums so deducted by the Chief Administrative Officer of the House of Representatives shall be disposed of by him in accordance with existing law.
Section was formerly classified to section 40a of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 substituted “Chief Administrative Officer of the House of Representatives in” for “Sergeant at Arms of the House in” and “Chief Administrative Officer of the House of Representatives shall be” for “Sergeant at Arms of the House shall be paid to the Clerk of the House and”.
The Secretary and the Architect shall, to the extent practicable, carry out subsection (b) 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
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.
The Secretary and the Architect are authorized to issue rules and regulations they consider appropriate in carrying out their duties under this section.
Executive Order 10927, dated
The Standing Rules of the Senate, referred to in subsec. (e), were revised in 1979 and 2000. 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.
Section was formerly classified to section 60c–4 of this title prior to editorial reclassification and renumbering as this section.
“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, § 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
Section was formerly classified to section 60a–2 of this title prior to editorial reclassification and renumbering as this section.
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, § 4(b),
2019—Subsec. (e). Pub. L. 116–94, which directed amendment of section “4(e) of the Federal Pay Comparability Act of 1970 (2 U.S.C. 4531(e))” by amending subsec. (e) generally, was executed to section 5(e) of the Act, which is subsec. (e) of this section, to reflect the probable intent of Congress. Prior to amendment, subsec. (e) read as follows: “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.”
1996—Subsec. (a). Pub. L. 104–186, § 204(1)(A), substituted “Chief Administrative Officer of the House of Representatives” for “Clerk of the House of Representatives” in introductory provisions.
Subsec. (a)(1). Pub. L. 104–186, § 204(1)(D), substituted “Chief Administrative Officer” for “Clerk” in concluding provisions.
Subsec. (a)(1)(A). Pub. L. 104–186, § 204(1)(B), substituted “Chief Administrative Officer” for “Clerk of the House”.
Subsec. (a)(1)(B). Pub. L. 104–186, § 204(1)(C), struck out “, 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”
after “class of employees”.
Subsec. (a)(2). Pub. L. 104–186, § 204(1)(E), substituted “Chief Administrative Officer” for “Clerk” in two places.
Subsec. (b). Pub. L. 104–186, § 204(1)(F), substituted “Chief Administrative Officer” for “Clerk of the House”.
Subsec. (d). Pub. L. 104–186, § 204(1)(G), substituted “Chief Administrative Officer” for “Clerk of the House of Representatives”.
1992—Subsec. (a). Pub. L. 102–378 inserted “of title 5” after “section 5303”.
1990—Subsec. (a). Pub. L. 101–509, § 529 [title I, § 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, § 529 [title I, § 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, § 529 [title I, § 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, § 529 [title I, § 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, § 529 [title I, § 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”.
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
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
Amendment by Pub. L. 92–392 effective on first day of first applicable pay period beginning on or after 90th day after
Salary Directives of the Speaker of the House of Representatives were issued on the following dates:
The following acts provided increases in compensation for elected officers and certain employees of the House of Representatives:
Pub. L. 85–462, § 4(k), (l),
June 28, 1955, ch. 189, § 4(c), 69 Stat. 176.
Oct. 24, 1951, ch. 554, § 2(e), 65 Stat. 614.
Oct. 28, 1949, ch. 783, title I, § 101(d), 63 Stat. 974.
This Act, referred to in par. (1), probably means the Legislative Branch Appropriations Act, 1988, Pub. L. 100–202, § 101(i),
The amendments made by this section, referred to in par. (1), means the amendments made by section 101(i) [title III, § 311] of Pub. L. 100–202,
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.
The effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020, referred to in par. (3), is the effective date of section 212 of div. E of Pub. L. 116–94, which is set out in a note below.
Section was formerly classified to section 60a–2a of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1988, which is title I of the Legislative Branch Appropriations Act, 1988.
2019—Par. (1)(C). Pub. L. 116–94, § 212(b)(1)(A), added subpar. (C).
Pars. (3), (4). Pub. L. 116–94, § 212(b)(1)(B), (C), added par. (3) and redesignated former par. (3) as (4).
1996—Par. (1). Pub. L. 104–186 substituted “Chief Administrative Officer of the House of Representatives” for “Clerk of the House of Representatives”.
1991—Par. (2)(A). Pub. L. 102–90 substituted “5303” for “5305”.
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).
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Pursuant to the authority vested in the Speaker by section 311(d) of the Legislative Branch Appropriations Act, 1988, as amended by section 212(b) of the Legislative Branch Appropriations Act, 2020 (2 U.S.C. 4532), in order to ensure parity of treatment and preserve an appropriate pay relationship between employees of the House of Representatives and certain other employees of the Government, it is hereby–
Ordered,
SEC. 1. (a) The annual rate of pay for the Clerk, the Sergeant-at-Arms, the Chief Administrative Officer, the Chaplain, the General Counsel to the House, the Inspector General, the Director of Interparliamentary Affairs, the Attending Physician, and one additional position in the Office of the Sergeant at Arms with duties related to emergency preparedness, planning and operations shall be equal to the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5, United States Code, including any adjustment to such rate after the date of this Order.
(b) Subject to the maximum established under subsection (a), the annual rate of pay for the following positions is subject to the approval of the Speaker:
(1) The Parliamentarian.
(2) The Legislative Counsel.
(3) The Law Revision Counsel.
SEC. 2. (a) The maximum annual rate of pay for any employee whose pay is disbursed by the Chief Administrative Officer and is not otherwise provided for in this Order or otherwise limited by law, rule, or regulation, shall be equal to the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5, United States Code, including any adjustment to such rate after the date of this Order.
(b) The minimum annual rate of pay for any full-time employee whose pay is disbursed by the Chief Administrative Officer, subject to the rules and regulations promulgated by the Committee on House Administration, shall be $45,000.
(c) The Chief Administrative Officer shall promptly notify the Speaker whenever the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5, United States Code is adjusted.
SEC. 3. An employee who, under applicable rules and regulations, is paid from two (2) or more House sources may receive pay totaling the highest limitation applicable to any of the positions the employee occupies.
SEC. 4. This Order shall be effective
Prior Orders of the Speaker of the House of Representatives were issued on the following dates:
Whenever the rate of pay of an employee whose pay is disbursed by the Chief Administrative Officer 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.
Section was formerly classified to section 331 of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.
Section effective immediately prior to noon on
Pub. L. 91–510, title IV, § 477(b),
[Pub. L. 91–510, title IV, § 477(b), set out above, effective immediately prior to noon on
Section 334 of this title, referred to in text, was repealed by Pub. L. 104–186, title II, § 210(3)(A),
Section was formerly classified to section 335 of this title prior to editorial reclassification and renumbering as this section.
1996—Par. (1). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.
Section effective immediately prior to noon on
This Part, referred to in text, means Part 7 (§§ 471–477) of title IV of Pub. L. 91–510,
Section was formerly classified to section 336 of this title prior to editorial reclassification and renumbering as this section.
1996—Pars. (1), (2). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.
Section effective immediately prior to noon on
For purposes of this section, a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) shall not be considered to be an employee of the House of Representatives.
The aggregate amount of payments made on behalf of any individual under the program under this section by all employing offices of the House of Representatives may not exceed $80,000.
The Committee on House Administration shall promulgate such regulations as may be necessary to carry out the program under this section.
There are authorized to be appropriated such sums as may be necessary to carry out the program under this section during fiscal year 2003 and each succeeding fiscal year.
Section was formerly classified to section 60c–6 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of the Consolidated Appropriations Resolution, 2003.
2022—Subsec. (a). Pub. L. 117–328 amended subsec. (a) generally. Prior to amendment, text read as follows: “The Chief Administrative Officer shall establish a program under which an employing office of the House of Representatives may agree to repay (by direct payment on behalf of the employee) any student loan previously taken out by an employee of the office. For purposes of this section, a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) shall not be considered to be an employee of the House of Representatives.”
2020—Subsecs. (b) to (d). Pub. L. 116–260 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
Pub. L. 117–328, div. I, title I, § 114(b),
Pub. L. 116–260, div. I, title I, § 114(b)(1),
Pub. L. 116–260, div. I, title I, § 114(b)(2),
The Committee on House Oversight shall have authority to prescribe regulations to carry out this section.
As used in this section, the term “employee of the House of Representatives” means an employee whose pay is disbursed by the Clerk of the House of Representatives or the Chief Administrative Officer of the House of Representatives, as applicable, except that such term does not include a uniformed or civilian support employee under the Capitol Police Board.
Payments under this section may be made with respect to separations from employment taking place after
Section was formerly classified to section 60o of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1996, which is title I of the Legislative Branch Appropriations Act, 1996.
1997—Subsec. (a). Pub. L. 105–55, § 103(a)(1), (2), in introductory provisions, struck out “who is separated from employment,” after “House of Representatives” and substituted “of the employee or for any other purpose” for “of the employee”.
Subsec. (a)(1)(B). Pub. L. 105–55, § 103(a)(3), substituted “in the case of a lump sum payment for the accrued annual leave of the employee, the amount” for “the amount”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Pub. L. 105–55, title I, § 103(b),
Section was formerly classified to section 127b of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1999, which is title I of the Legislative Branch Appropriations Act, 1999.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
The usual day for paying salaries in or under the House of Representatives shall be the last day of each month, except that if the last day of a month falls on a Saturday, Sunday, or a legal public holiday, the Chief Administrative Officer of the House of Representatives shall pay such salaries on the first weekday which precedes the last day.
Section was formerly classified to section 60d–1 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 2002, which is title I of the Legislative Branch Appropriations Act, 2002.
Pub. L. 107–68, title I, § 116(c),
The Clerk, Sergeant at Arms, and Chief Administrative Officer 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.
Section was formerly classified to section 89 of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 substituted “and Chief Administrative Officer” for “Doorkeeper, and Postmaster”.
The Chief Administrative Officer of the House of Representatives is on and after
Section was formerly classified to section 125 of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 substituted “Chief Administrative Officer of the House of Representatives” for “Clerk of the House” and “applicable accounts of the House of Representatives” for “contingent fund of the House”.
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
An application for waiver of a claim shall be investigated by the Chief Administrative Officer of the House of Representatives who shall submit a written report of his investigation to the Speaker of the House.
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.
An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes.
This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States.
The Speaker of the House shall prescribe rules and regulations to carry out the provisions of this section.
Section was formerly classified to section 130d of this title prior to editorial reclassification and renumbering as this section.
1996—Subsec. (a). Pub. L. 104–316 struck out “, if the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official” before period at end.
Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.
Subsec. (b). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.
Until otherwise provided by law, the Chief Administrative Officer of the House of Representatives shall, in accordance with subsections (b), (c), and (d) enter into an agreement with any State, at the request for agreement from the proper State official. The agreement shall provide that the Chief Administrative Officer 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.
Any agreement entered into under subsection (a) shall not require the Chief Administrative Officer to remit sums withheld pursuant to any such agreement more often than once each calendar quarter.
This section and section 4556 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 4556 of this title. Nothing in this section and section 4556 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 4556 of this title. Any paper, form, document, or any other item filed with, or submitted to, the Chief Administrative Officer under this section and section 4556 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.
Section was formerly classified to section 60e–1a of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
Section is based on section 1 of House Resolution No. 732, Ninety-fourth Congress,
1996—Subsec. (a). Pub. L. 104–186, § 204(4)(B), substituted “provide that the Chief Administrative Officer shall withhold” for “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”.
Pub. L. 104–186, § 204(4)(A), substituted “Chief Administrative Officer of the House of Representatives shall, in accordance with” for “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”.
Subsec. (b). Pub. L. 104–186, § 204(4)(C), substituted “Chief Administrative Officer” for “Clerk or the Sergeant at Arms”.
Subsec. (c)(1). Pub. L. 104–186, § 204(4)(D), substituted “Chief Administrative Officer” for “Clerk and the Sergeant at Arms”.
Subsec. (c)(2). Pub. L. 104–186, § 204(4)(E), substituted “Chief Administrative Officer” for “Clerk or the Sergeant at Arms, as the case may be,” in two places.
Subsecs. (d), (e). Pub. L. 104–186, § 204(4)(F), substituted “Chief Administrative Officer” for “Clerk or the Sergeant at Arms” wherever appearing.
Section was formerly classified to section 60e–1b of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 2 of House Resolution No. 732, Ninety-fourth Congress,
The Chief Administrative Officer of the House of Representatives shall, to the extent practicable, carry out subsection (a) 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
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 Chief Administrative Officer of the House of Representatives 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.
Executive Order 10927, dated
Section was formerly classified to section 60e–1c of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 1 of House Resolution No. 12, Ninety-fifth Congress,
1996—Subsec. (a). Pub. L. 104–186, § 204(5)(A)(i), substituted “Chief Administrative Officer” for “Clerk” in introductory provisions.
Subsecs. (b), (d). Pub. L. 104–186, § 204(5)(A)(ii), substituted “Chief Administrative Officer of the House of Representatives” for “Clerk”.
Executive Order 10927, dated
Section was formerly classified to section 60e–1d of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 2 of House Resolution No. 12, Ninety-fifth Congress,
1996—Par. (1). Pub. L. 104–186, § 204(5)(B)(i), inserted “and” at end.
Par. (2). Pub. L. 104–186, § 204(5)(B)(ii), (iv), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “the term ‘Clerk’ means the Clerk of the House of Representatives;”.
Par. (3). Pub. L. 104–186, § 204(5)(B)(iii), (iv), substituted “Chief Administrative Officer of the House of Representatives” for “Clerk” and redesignated par. (3) as (2).
“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, § 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
Whenever an employee of the House of Representatives becomes indebted to the House of Representatives and fails to pay the indebtedness, the chairman of the committee or the elected officer of the House of Representatives that has jurisdiction over the activity under which the indebtedness arises may certify to the Chief Administrative Officer of the House of Representatives the amount of the indebtedness. The Chief Administrative Officer 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 Chief Administrative Officer of the House of Representatives.
Section was formerly classified to section 89a of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 substituted “and fails to pay the indebtedness, the chairman of the committee or the elected officer of the House of Representatives that has jurisdiction over the activity under which the indebtedness arises may certify to the Chief Administrative Officer of the House of Representatives the amount of the indebtedness” for “, 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” in first sentence and “Chief Administrative Officer” for “Clerk” in second and last sentences.
The Chief Administrative Officer of the House of Representatives 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.
Section was formerly classified to section 80a of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 substituted “Chief Administrative Officer of the House of Representatives” for “Sergeant-at-Arms of the House”.
The effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020, referred to in subsec. (a), is the effective date of section 212 of div. E of Pub. L. 116–94. See Effective Date of 2019 Amendment note below.
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.
Section was formerly classified to section 60a–1 of this title prior to editorial reclassification and renumbering as this section.
2022—Subsec. (a). Pub. L. 117–103, § 213(a)(2)(A)(i), in concluding provisions, substituted “, subject to section 4575(f) of this title.” for “and adjust the rates of such personnel by such amounts as necessary to maintain the pay relationships that existed on the effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020 between the maximum rate of pay for Senate personnel and Senators.”
Subsecs. (d) to (f). Pub. L. 117–103, § 213(a)(2)(A)(ii), (iii), redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) which read as follows: “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 maintain the pay relationships that existed on the effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020 between the maximum rate of pay for Senate personnel and Senators.”
2019—Subsec. (a). Pub. L. 116–94, § 212(a)(2)(A)(i)(II), in concluding provisions, struck out “and with such exceptions as may be necessary to provide for appropriate pay relationships between positions” after “as practicable” and substituted “to maintain the pay relationships that existed on the effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020 between the maximum rate of pay for Senate personnel and Senators.” for “to restore the same pay relationships that existed on
Subsec. (a)(1)(B), (C). Pub. L. 116–94, § 212(a)(2)(A)(i)(I), added subpars. (B) and (C) and struck out former subpar. (B) which read as follows: “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”.
Subsec. (d). Pub. L. 116–94, § 212(a)(2)(A)(ii), substituted “to maintain the pay relationships that existed on the effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020 between the maximum rate of pay for Senate personnel and Senators.” for “to restore and maintain the same pay relationships that existed on
2000—Subsec. (a). Pub. L. 106–554, § 1(a)(2) [title I, § 2(1)], in introductory provisions, inserted “(or section 5304 or 5304a of such title, as applied to employees employed in the pay locality of the Washington, D.C.-Baltimore, Maryland consolidated metropolitan statistical area)” after “employees under section 5303 of title 5” and in concluding provisions, inserted “(and, as the case may be, section 5304 or 5304a of such title, as applied to employees employed in the pay locality of the Washington, D.C.-Baltimore, Maryland consolidated metropolitan statistical area)” after “the President under such section 5303”.
Subsecs. (e), (f). Pub. L. 106–554, § 1(a)(2) [title I, § 2(2), (3)], added subsec. (e) and redesignated former subsec. (e) as (f).
1990—Subsec. (a). Pub. L. 101–509 substituted “5303” for “5305” wherever appearing.
1987—Subsec. (a). Pub. L. 100–202, § 101(i) [title III, § 311(a)], inserted requirement that rates of personnel be adjusted by such amounts as necessary to restore same pay relationships that existed on
Subsec. (d). Pub. L. 100–202, § 101(i) [title III, § 311(b)], inserted exception for cases in which it is necessary to restore and maintain same pay relationships that existed on
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.
Pub. L. 117–103, div. I, title II, § 213(b),
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
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
Pub. L. 100–202, § 101(i) [title III, § 311(c)],
Amendment by Pub. L. 92–392 effective on first day of first applicable pay period beginning on or after 90th day after
By virtue of the authority vested in me by section 4 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 4571) and section 212(a)(1)(B) of the Legislative Branch Appropriations Act, 2020 (2 U.S.C. 4575a), in order to provide (subject to the provisions of section 704 of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note; Public Law 101–194) and the amendments made by such section [amending section 4501 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
it is hereby—
Ordered,
(1) the term “employee” includes an officer (other than a United States Senator); and
(2) the term “annual rate for level II” means the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5, United States Code, including any adjustment to such rate after the date of this Order [
(b) The annual rates of compensation of the Secretary for the Majority and the Secretary for the Minority shall each be equal to the annual rate for level II.
(c) The annual rates of compensation of the Deputy Legislative Counsel and the Senior Counsels in the Office of the Legislative Counsel shall each be equal to, 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 not exceed, the annual rate for level II.
(1) The Vice President, for any employee under his or her jurisdiction.
(2) The President pro tempore, for any employee under his or her jurisdiction.
(3) 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).
(4) The Majority Whip and the Minority Whip, for any employee under their respective jurisdictions.
(5) The Secretary of the Conference of the Majority and the Secretary of the Conference of the Minority, for any employee under their respective jurisdictions.
(6) The Secretary of the Senate, for any employee under his or her jurisdiction (subject to the provisions of section 2(c) of this Order).
(7) The Sergeant at Arms and Doorkeeper, for any employee under his or her jurisdiction.
(8) The Chaplain, for any employee under his or her jurisdiction.
(9) The Legislative Counsel, subject to the approval of the President pro tempore, for any employee under his or her jurisdiction (other than the Deputy Legislative Counsel and the Senior Counsels).
(10) The Senate Legal Counsel, for any employee under his or her jurisdiction.
(11) The Secretary for the Majority and the Secretary for the Minority, for any employee under their respective jurisdictions.
(12) The appointing authority of any Senate entity not referred to under paragraphs (1) through (11), for any employee under its jurisdiction.
(b) 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 that is in excess of the annual rate for level II.
(b) The maximum annual rate of compensation for an employee described in subsection (a) shall be the annual rate for level II.
(b) Each of the dollar amounts contained in the table under section 105(d)(1)(A) of such Act shall be deemed to be the dollar amounts in that table, as adjusted by law and in effect on
(c)(1) The figure “$3,638” referred to in the second sentence of section 105(d)(2) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 4575(d)(2)) (as provided in section 6(c) of the Order of the President pro tempore of
(2) The maximum annual rate of compensation for an employee described in subsection (a) shall be the annual rate for level II.
(b) The maximum annual rate of compensation for an employee described in section 105(f) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 4575(f)) shall be the annual rate for level II.
(b) The annual rate of compensation of the Deputy Senate Legal Counsel shall be equal to the annual rate for level II.
(c) The maximum annual rate of compensation of each Assistant Senate Legal Counsel may not at any time exceed the annual rate for level II.
President pro tempore
Prior Orders of the President pro tempore of the Senate were issued on the following dates:
Pub. L. 89–504, title III, § 302(g), (h),
Pub. L. 89–301, § 11(g), (h),
Pub. L. 88–426, title II, § 202(f), (g),
Pub. L. 87–793, title VI, § 1005(c), (d), “ ‘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.’ ”
Pub. L. 86–568, title I, § 117(c), (d), “ ‘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.’ ”
Pub. L. 85–462, § 4(c), (d), “ ‘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.’ ”
Act June 28, 1955, ch. 189, § 4(c), 69 Stat. 176, provided that:
Act Oct. 24, 1951, ch. 554, § 2(e), 65 Stat. 614, provided that:
Act Oct. 28, 1949, ch. 783, title I, § 101(d), 63 Stat. 974, provided that:
No provision of this Act or of any Act enacted after
This Act, referred to in text, means the Legislative Branch Appropriation Act, 1977, Pub. L. 94–440,
Section was formerly classified to section 60a–1a of this title prior to editorial reclassification and renumbering as this section.
The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5, Government Organization and Employees.
The effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020, referred to in subsec. (a), is the effective date of section 212 of div. E of Pub. L. 116–94. See Effective Date of 2019 Amendment note below.
Section was formerly classified to section 60a–1b of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 1991.
2022—Subsec. (a). Pub. L. 117–103 substituted “, subject to section 4575(f) of this title.” for “to the extent necessary to maintain the pay relationships that existed on such effective date between the maximum rate of pay for Senate personnel and Senators.”
2019—Subsec. (a). Pub. L. 116–94 substituted “(including such personnel appointed to positions for which the specific amount of the rate of pay for the particular position is fixed by statute on the day before the effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020 and such personnel appointed to positions for which the maximum rates of pay for the particular positions were fixed by or pursuant to law on the day before such effective date) to the extent necessary to maintain the pay relationships that existed on such effective date between the maximum rate of pay for Senate personnel and Senators.” for “to the extent necessary to maintain the same pay relationships that existed on
1991—Subsec. (a). Pub. L. 102–90 substituted “5303” for “5305”.
Amendment by Pub. L. 117–103 effective on the first day of the first applicable pay period beginning on or after
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
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.
Section was formerly classified to section 61 of this title prior to editorial reclassification and renumbering as this section.
The rate of compensation of each employee whose compensation is disbursed by the Secretary of the Senate which was fixed before
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
No officer or employee whose compensation is disbursed by the Secretary of the Senate shall be paid gross compensation at a rate less than $3,293 1 or in excess of the annual rate of basic pay in effect for level II of the Executive Schedule under section 5313 of title 5, unless expressly authorized by law. The limitation on the minimum rate of gross compensation under this subsection shall not apply to any member or civilian employee of the Capitol Police whose compensation is disbursed by the Secretary of the Senate.
Section was formerly classified to section 61–1 of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
The table set out in subsec. (d)(1)(A) is taken from the Salary Directive of the President pro tempore of the Senate issued on
The dollar amounts set out in the text of subsecs. (d)(2) and (f) are based on modifications, when present, made by periodic Salary Directives of the President pro tempore of the Senate, the latest of which is set out as a note under section 4571 of this title. Descriptions of the changes made to the text, both by such Salary Directives and by public laws, can be found in the Amendment notes below.
Section is comprised of subsecs. (a) to (f) and (j) of section 105 of Pub. L. 90–57, the Legislative Branch Appropriation Act, 1968. Subsec. (j), which was redesignated subsec. (g) of this section for purposes of codification, was repealed by Pub. L. 104–186. Other subsections of such section 105 provided as follows: subsecs. (g) and (h) amended section 4507(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 4571 of this title; subsec. (k) is set out as an Effective Date note below.
2022—Subsec. (d)(1)(A). The table was revised upward, effective
The table was revised upward, effective
Pub. L. 117–103, § 102, revised table upward, deeming dollar amounts in table, as adjusted by law and in effect on
Subsec. (d)(2). Pub. L. 117–103, § 213(a)(1), substituted “the annual rate of basic pay in effect for level II of the Executive Schedule under section 5313 of title 5” for “$173,900”.
Figure “$3,293” to be deemed to refer, effective
Figure “$3,196” to be deemed to refer, effective
Subsec. (e)(3)(B). Pub. L. 117–103, § 213(a)(1), substituted “the annual rate of basic pay in effect for level II of the Executive Schedule under section 5313 of title 5” for “$173,900”.
Subsec. (f). Pub. L. 117–103, § 213(a)(1), substituted “the annual rate of basic pay in effect for level II of the Executive Schedule under section 5313 of title 5” for “$173,900”.
Figure “$3,293” to be deemed to refer, effective
Figure “$3,196” to be deemed to refer, effective
2021—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figure “$3,164” to be deemed to refer, effective
Subsec. (f). Figure “$3,164” to be deemed to refer, effective
2020—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figure “$3,056” to be deemed to refer, effective
Subsec. (f). Figure “$3,056” to be deemed to refer, effective
2019—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Pub. L. 116–94, § 212(a)(1)(A)(i), substituted “or in excess of $173,900.” for “or in excess of $169,459 per annum.”
Figure “$2,988” to be deemed to refer, effective
Subsec. (e)(3)(B). Pub. L. 116–94, § 212(a)(1)(A)(ii), substituted “in excess of $173,900.” for “in excess of $171,315.”
Subsec. (f). Pub. L. 116–94, § 212(a)(1)(A)(iii), substituted “or in excess of $173,900, unless expressly” for “or in excess of $169,459 unless expressly”.
Figure “$2,988” to be deemed to refer, effective
2018—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$2,921” and “$169,459” to be deemed to refer, effective
Subsec. (f). Figure “$2,921” to be deemed to refer, effective
2017—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$2,839” and “$169,459” to be deemed to refer, effective
Subsec. (f). Figure “$2,839” to be deemed to refer, effective
2015—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$2,798” and “$169,459” to be deemed to refer, effective
Subsec. (f). Figure “$2,798” to be deemed to refer, effective
2014—Subsec. (d)(1)(A). The table was revised upward, effective
The table was revised upward, effective
Subsec. (d)(2). Figures “$2,770” and “$169,459” to be deemed to refer, effective
Figures “$2,742” and “$169,459” to be deemed to refer, effective
Subsec. (f). Figure “$2,770” to be deemed to refer, effective
Figure “$2,742” to be deemed to refer, effective
2010—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$2,677” and “$169,459” to be deemed to refer, effective
Subsec. (f). Figure “$2,677” to be deemed to refer, effective
2009—Subsec. (d)(1)(A). Pub. L. 111–68 revised table upward, deeming dollar amounts in table, as adjusted by law and in effect on
The table was revised upward, effective
Pub. L. 111–8, § 1, revised table upward, deeming dollar amounts in table, as adjusted by law and in effect on
Subsec. (d)(2). Figures “$2,554” and “$164,759” to be deemed to refer, effective
Subsec. (e)(3)(B). Figure “$166,615” to be deemed to refer, effective
Subsec. (f). Figures “$2,554” and “$164,759” to be deemed to refer, effective
2008—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$2,444” and “$160,659” to be deemed to refer, effective
Subsec. (e)(3)(B). Figure “$162,515” to be deemed to refer, effective
Subsec. (f). Figures “$2,444” and “$160,659” to be deemed to refer, effective
2007—Subsec. (d)(1)(A). Pub. L. 110–161, § 1, revised table upward, deeming dollar amounts in table, as adjusted by law and in effect on
The table was revised upward, effective
Subsec. (d)(2). Figures “$2,381” and “$160,659” to be deemed to refer, effective
Subsec. (e)(3). Pub. L. 110–161, § 4(a), added par. (3) and struck out former par. (3) which read as follows: “No employee of a committee of the Senate shall be paid at a gross rate in excess of $160,164, in case of an employee of a joint committee the expenses of which are paid from the contingent fund of the Senate, $160,659, in case of an employee of a select committee (including the conference majority and conference minority of the Senate), or $162,515, 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.”
Subsec. (f). Figure “$2,381” to be deemed to refer, effective
2006—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$2,301” and “$157,559” to be deemed to refer, effective
Subsec. (e)(3). Figures “$157,064”, “$157,559”, and “$159,415” to be deemed to refer, effective
Subsec. (f). Figures “$2,301” and “$157,559” to be deemed to refer, effective
2005—Subsec. (d)(1)(A). Pub. L. 109–55 revised table upward, deeming dollar amounts in table to be increased by an additional $50,000 each.
The table was revised upward, effective
Subsec. (d)(2). Figures “$2,218” and “$153,559” to be deemed to refer, effective
Subsec. (e)(3). Figures “$153,064”, “$153,559”, and “$155,415” to be deemed to refer, effective
Subsec. (f). Figures “$2,218” and “$153,559” to be deemed to refer, effective
2004—Subsec. (d)(1)(A). Pub. L. 108–447 revised table upward, deeming dollar amounts in table to be increased by an additional $50,000 each.
The table was revised upward, effective
Subsec. (d)(2). Figures “$2,170” and “$152,459” to be deemed to refer, effective
Subsec. (e)(3). Figures “$151,964”, “$152,459”, and “$154,315” to be deemed to refer, effective
Subsec. (f). Figures “$2,170” and “$152,459” to be deemed to refer, effective
2003—Subsec. (d)(1)(A). Section 6(b) of Salary Directive of President pro tempore of the Senate dated
Pub. L. 108–83 revised table upward, deeming dollar amounts in table to be increased by an additional $50,000 each.
Pub. L. 108–7 revised table upward, deeming dollar amounts in table to be increased by an additional $50,000 each.
Subsec. (d)(2). Figures “$2,124” and “$150,159” to be deemed to refer, effective
Subsec. (e)(3). Figures “$149,664”, “$150,159”, and “$152,015” to be deemed to refer, effective
Subsec. (f). Figures “$2,124” and “$150,159” to be deemed to refer, effective
2002—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$2,060” and “$145,459” to be deemed to refer, effective
Subsec. (e)(3). Figures “$144,964”, “$145,459”, and “$147,315” to be deemed to refer, effective
Subsec. (f). Figures “$2,060” and “$145,459” to be deemed to refer, effective
2001—Subsec. (d)(1)(A). The table was revised upward, effective
Pub. L. 107–68 revised table upward, deeming dollar amounts in table to be increased by an additional $50,000 each.
Subsec. (d)(2). Figures “$1,966” and “$140,559” to be deemed to refer, effective
Subsec. (e)(3). Figures “$140,064”, “$140,559”, and “$142,415” to be deemed to refer, effective
Subsec. (f). Figures “$1,966” and “$140,559” to be deemed to refer, effective
2000—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$1,893” and “$136,759” to be deemed to refer, effective
Subsec. (e)(3). Figures “$136,264”, “$136,759”, and “$138,615” to be deemed to refer, effective
Subsec. (f). Figures “$1,893” and “$136,759” to be deemed to refer, effective
1999—Subsec. (d)(1)(A). The table was revised upward, effective
Pub. L. 106–57 revised table upward, deeming dollar amounts in table to be increased by an additional $50,000 each.
Subsec. (d)(2). Figures “$1,823” and “$132,159” to be deemed to refer, effective
Subsec. (e)(3). Figures “$131,664”, “$132,159”, and “$134,015” to be deemed to refer, effective
Subsec. (f). Figures “$1,823” and “$132,159” to be deemed to refer, effective
1998—Subsec. (d)(1)(A). The table was revised upward, effective
Pub. L. 105–275 revised table upward, deeming dollar amounts in table to be increased by an additional $50,000 each.
Subsec. (d)(2). Figure “$1,768” to be deemed to refer, effective
Subsec. (f). Figure “$1,768” to be deemed to refer, effective
1997—Subsec. (d)(1)(A). The table was revised upward, effective
Pub. L. 105–55 revised table upward, effective
Subsec. (d)(2). Figures “$1,728” and “$129,059” to be deemed to refer, effective
Subsec. (e)(3). Figures “$128,564”, “$129,059”, and “$130,915” to be deemed to refer, effective
Subsec. (f). Figures “$1,728” and “$129,059” to be deemed to refer, effective
Pub. L. 105–18 inserted at end “The limitation on the minimum rate of gross compensation under this subsection shall not apply to any member or civilian employee of the Capitol Police whose compensation is disbursed by the Secretary of the Senate.”
1996—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figure “$1,689” to be deemed to refer, effective
Subsec. (f). Figure “$1,689” to be deemed to refer, effective
Subsec. (g). Pub. L. 104–186 struck out subsec. (g) which read as follows: “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.”
1994—Subsec. (d)(1)(A). The table was revised downward, effective
Subsec. (d)(2). Figure “$1,655” increased, effective
Subsec. (f). Figure “$1,655” to be deemed to refer, effective
1992—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$1,595” and “$124,959” increased, effective
Subsec. (e)(3). Figures “$124,464”, “$124,959”, and “$126,815” to be deemed to refer, effective
Subsec. (f). Figures “$1,595” and “$124,959” to be deemed to refer, effective
1991—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$1,530” and “$97,359” increased, effective
Subsec. (e)(3). Figures “$96,864”, “$97,359”, and “$99,215” to be deemed to refer, effective
Subsec. (f). Figures “$1,530” and “$97,359” to be deemed to refer, effective
1990—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$1,469” and “$84,959” increased, effective
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
Subsec. (f). Figures “$1,469” and “$84,959” (as increased to $93,859) to be deemed to refer, effective
1989—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figure “$1,417” increased, effective
Subsec. (f). Figure “$1,417” to be deemed to refer, effective
1988—Subsec. (d)(1)(A). The table was revised upward, effective
The table was revised upward, effective
Subsec. (d)(2). Figure “$1,361” increased, effective
Figures “$1,334” and “$72,676” increased, effective
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
Subsec. (f). Figure “$1,361” to be deemed to refer, effective
Figures “$1,334” and “$72,676” to be deemed to refer, effective
1987—Subsec. (d)(1). Pub. L. 100–202 amended table and sentence immediately following table generally.
Pub. L. 100–137 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;”.
1986—Subsec. (d)(1). The table was revised upward, effective
Subsec. (d)(2). Figures “$1,295” and “$70,559” increased, effective
Subsec. (e)(3). Figures “$70,064”, “$70,559”, and “$72,415” to be deemed to refer, effective
Subsec. (f). Figures “$1,295” and “$70,559” to be deemed to refer, effective
1985—Subsec. (d)(1). The table was revised upward, effective
Subsec. (d)(2). Figures “$1,251” and “$68,172” increased, effective
Subsec. (e)(3). Figures “$67,694”, “$68,172”, and “$69,966” to be deemed to refer, effective
Subsec. (f). Figures “$1,251” and “$68,172” to be deemed to refer, effective
1984—Subsec. (d)(1). Pub. L. 98–367, § 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)(2). Pub. L. 98–367, § 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”.
Subsec. (e)(3). Pub. L. 98–367, § 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”.
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.”
Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$1,202”, “$39,154”, “$71,101”, “$68,938”, and “$72,061” increased, effective
Subsec. (e)(3). 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
Subsec. (f). Figure “$1,202” to be deemed to refer, effective
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
1982—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$1,155”, “$37,648”, “$68,366”, “$66,286”, and “$69,289” increased, effective
Subsec. (e)(3). Figures “$68,366”, “$71,137”, and “$75,063” to be deemed to refer, effective
Subsec. (f). Figures “$1,155” and “$75,063” to be deemed to refer, effective
1981—Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$1,102”, “$35,923”, “$63,250”, and “$66,115” increased, effective
Subsec. (e)(3). Figures “$65,234”, “$67,878”, and “$71,625” to be deemed to refer, effective
Subsec. (f). Figures “$1,102” and “$71,625” to be deemed to refer, effective
1980—Subsec. (a)(1). Pub. L. 96–304, § 107(a), substituted “
Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$1,010”, “$32,926”, “$57,974”, and “$60,600” increased, effective
Pub. L. 96–304, § 112(b)(1), substituted “that portion of subsection (e)(3) of this section preceding subparagraph (A)” for “subsection (e)(1) of this section”.
Subsec. (e). Figures “$23,836”, “$35,956”, “$59,792”, “$62,216”, and “$65,650” to be deemed to refer, effective
Pub. L. 96–304, § 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.
Subsec. (f). Figures “$1,010” and “$65,650” to be deemed to refer, effective
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,
Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$1,134”, “$30,807”, “$54,243”, and “$56,700” increased, effective
Subsec. (e). Figures “$22,302”, “$33,642”, “$55,944”, “$58,212”, and “$61,425” to be deemed to refer, effective
Subsec. (f). Figures “$1,134” and “$61,425” to be deemed to refer, effective
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,
Subsec. (d)(1)(A). The table was revised upward, effective
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
Subsec. (d)(2). Figures “$1,074”, “$29,177”, “$51,373”, and “$53,700” increased, effective
Subsec. (e). Figures “$21,122”, “$31,862”, “$52,984”, “$55,132”, and “$58,175” to be deemed to refer, effective
Subsec. (e)(3)(A). Pub. L. 95–482, § 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, § 112(3), substituted “five such employees” for “three such employees”.
Subsec. (f). Figures “$1,074” and “$58,175” to be deemed to refer, effective
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,
Subsec. (d)(1)(A). The table was revised upward, effective
Subsec. (d)(2). Figures “$1,169”, “$27,221”, “$47,929”, and “$50,100” increased, effective
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
Subsec. (f). Figures “$1,169” and “$54,275” to be deemed to refer, effective
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,
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
Subsec. (d)(2). Figures “$1,113”, “$25,440”, “$43,407”, and “$45,315” increased, effective
Subsec. (e). Figures “$18,762”, “$27,666”, “$44,679”, “$46,587”, and “$48,653” to be deemed to refer, effective
Subsec. (f). Figures “$1,113” and “$48,654” to be deemed to refer, effective
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,
Subsec. (d)(1)(A). The table was revised upward, effective
Pub. L. 94–59 revised upward, effective
Subsec. (d)(2). Figures “$1,057”, “$24,160”, “$41,223”, and “$43,035” increased, effective
Subsec. (e). Figures “$17,818”, “$26,274”, “$42,431”, “$44,243”, and “$46,206” to be deemed to refer, effective
Subsec. (f). Figures “$1,057” and “$46,206” to be deemed to refer, effective
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,
Subsec. (d)(1)(A). The table was revised upward, effective
Pub. L. 93–371 revised upward, effective
Subsec. (d)(2). Figures “$1,140,” “$22,800,” “$39,045,” and “$40,755” increased, effective
Subsec. (e). Figures “$16,815,” “$24,795,” “$40,185,” “$41,895,” and “$43,890” to be deemed to refer, effective
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
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,
Subsec. (d)(1). Pub. L. 93–145 revised upward, retroactive to
The table was revised upward, effective
Subsec. (d)(2). 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.
Salary dollar limits were modified upward, effective
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,
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,
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,
Subsec. (d)(1). The table was revised upward, effective
Subsec. (d)(2). Figures “$1,295,” “$20,720,” “$27,972,” “$33,929,” “$35,483,” and “$37,037” to be deemed to refer, effective
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
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,
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,
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,
Subsec. (d)(1). The table was revised upward, effective
Pub. L. 92–184 revised upward, effective
The table was revised upward, effective
Subsec. (d)(2). Figures “$1,230”, “$19,680”, “$26,568”, “$32,226”, “$33,702”, “$35,178” to be deemed to refer, effective
Figures “$1,095”, “$17,520”, “$23,652”, “$28,689”, “$30,003”, and “$31,317” to be deemed to refer, effective
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
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
Subsec. (f). Figures “$1,230” and “$35,670” to be deemed to refer, effective
Figures “$1,160” and “$35,496” to be deemed to refer, effective
1970—Subsec. (a)(1). Figure “$219” deemed on and after
Subsec. (d)(1). The table was revised upward, effective
Subsecs. (d)(2) to (f). Figures were increased, effective
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
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
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
1968—Subsec. (a)(1). Figure “$188” deemed on and after
Subsec. (d)(1). The table was revised upward, effective
Subsecs. (d)(2) to (f). Figures were increased, effective
1967—Subsec. (a)(1). Pub. L. 90–206, § 214(j), substituted “$188” for “$180”.
Subsec. (d)(1). Pub. L. 90–206, § 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, § 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.
Pub. L. 117–103, div. I, title I, § 102,
Amendment by section 213(a)(1) of Pub. L. 117–103 effective on the first day of the first applicable pay period beginning on or after
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Pub. L. 111–68, div. A, title I, § 1,
Pub. L. 111–8, div. G, title I, § 1,
Pub. L. 110–161, div. H, title I, § 1,
Pub. L. 110–161, div. H, title I, § 4(b),
Pub. L. 109–55, title I, § 1,
Pub. L. 108–447, div. G, title I, § 1,
Pub. L. 108–83, title I, § 1,
Pub. L. 108–7, div. H, title I, § 3,
Pub. L. 107–68, title I, § 106,
Pub. L. 106–57, title I, § 2,
Pub. L. 105–275, title I, § 8,
Pub. L. 105–55, title I, § 5,
Pub. L. 100–202, § 101(i) [title I, § 1(b)],
Pub. L. 100–137, § 1(c)(1),
Pub. L. 100–71, title I, § 3(a),
Pub. L. 98–367, title I, § 3(b),
Pub. L. 98–367, title I, § 12(c),
Pub. L. 98–181, title I, § 1203(b),
Amendment by section 107(a) of Pub. L. 96–304 effective
Pub. L. 96–304, title I, § 112(b),
Amendment by Pub. L. 95–94 effective
Pub. L. 94–440, title I, § 101(a),
Pub. L. 93–371, § 6,
Pub. L. 93–145,
Pub. L. 92–184, ch. IV,
Amendment by Pub. L. 91–510 effective
Pub. L. 91–145,
Amendment by Pub. L. 90–206 effective at beginning of first pay period which begins on or after
Pub. L. 90–57, § 105(k),
Statutory functions, duties, or authority of Chief Administrative Officer of the House of Representatives or the Secretary of the Senate as disbursing officers for the Capitol Police transferred to Chief of the Capitol Police, and references in any law or resolution before
Pub. L. 108–83, title I, § 10,
Pub. L. 94–59, title I, § 105,
Pub. L. 94–157, title I, § 111(c),
Pub. L. 93–371, § 4,
[For provisions that section 4 of Pub. L. 93–371, set out above, 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 of compensation or limitations referred to in section 4 of Pub. L. 93–371 under section 4 of the Federal Pay Comparability Act of 1970 [2 U.S.C. 4571] and that the provisions of section 4 of Pub. L. 93–371 are effective
Pub. L. 94–157, title I, § 111(c),
Pub. L. 95–94, title I, § 111(a), (b),
[The amount of the increase referred to in section 111(a) of Pub. L. 95–94, set out above, was set at $636,300 by § 6(d) of the Salary Directive of President pro tempore of the Senate,
[Prior amounts of increase authorized by section 111(a) of Pub. L. 95–94, set out above, were contained in the following Salary Directives of President pro tempore of the Senate, formerly set out as notes under former section 60a–1 and section 4571 of this title:
[Pub. L. 100–137, § 3,
[S. Res. 34,
Section 5(b)(2)–(4) of Salary Directive of President pro tempore of the Senate,
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,
Section 5(b)(2)–(4) of Salary Directive of President pro tempore of the Senate,
Section 5(b)(2)–(4) of Salary Directive of President pro tempore of the Senate,
Section 5(b)(2)–(4) of Salary Directive of President pro tempore of the Senate,
Section 5(b)(3)–(5) of Salary Directive of President pro tempore of the Senate,
Section 5(b)(3)–(5) of Salary Directive of President pro tempore of the Senate,
Section 5(b)(3)–(5) of Salary Directive of President pro tempore of the Senate,
Section 5(b)(3)–(5) of Salary Directive of President pro tempore of the Senate,
Section 5(b)(3)–(6) of Salary Directive of President pro tempore of the Senate,
Section 5(b)(3)–(5) of Salary Directive of President pro tempore of the Senate,
Section 5(b)(3)–(5) of Salary Directive of President pro tempore of the Senate,
Section 5(b)(2) of Salary Directive of President pro tempore of the Senate,
Section 6(c)(2) of Salary Directive of President pro tempore of the Senate,
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,
Section 6(c)(2) of Salary Directive of President pro tempore of the Senate,
Section 6(c)(2) of Salary Directive of President pro tempore of the Senate,
Section 6(c)(2) of Salary Directive of President pro tempore of the Senate,
Section 6(c)(2) of Salary Directive of President pro tempore of the Senate,
Section 6(c)(2) of Salary Directive of President pro tempore of the Senate,
Section 6(c)(2) of Salary Directive of President pro tempore of the Senate,
Section 6(c)(2) of Salary Directive of President pro tempore of the Senate,
Section 6(c)(2), (3) of Salary Directive of President pro tempore of the Senate,
Section 6(c)(2), (3) of Salary Directive of President pro tempore of the Senate,
Section 6(c)(2)–(4) of Salary Directive of President pro tempore of the Senate,
Section 6(c)(2) of Salary Directive of President pro tempore of the Senate,
Section 7(b)(2) of Salary Directive of President pro tempore of the Senate,
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,
Section 7(b)(2) of Salary Directive of President pro tempore of the Senate,
Section 7(b)(2) of Salary Directive of President pro tempore of the Senate,
Section 7(b)(2) of Salary Directive of President pro tempore of the Senate,
Section 7(b)(2) of Salary Directive of President pro tempore of the Senate,
Section 7(b)(2) of Salary Directive of President pro tempore of the Senate,
Section 7(b)(2) of Salary Directive of President pro tempore of the Senate,
Section 7(b)(2) of Salary Directive of President pro tempore of the Senate,
Section 7(b)(2), (3) of Salary Directive of President pro tempore of the Senate,
Section 7(b)(2), (3) of Salary Directive of President pro tempore of the Senate,
Section 7(b)(2) of Salary Directive of President pro tempore of the Senate,
Section 7(b) of Salary Directive of President pro tempore of the Senate,
Pub. L. 95–94, title I, § 111(d),
Pub. L. 100–71, title I, § 3(b), (c),
Pub. L. 99–349, title I, § 1,
Pub. L. 99–88, title I, § 191,
Pub. L. 98–367, title I, § 9,
Pub. L. 98–63, title I, § 901,
Pub. L. 97–257, title I,
Pub. L. 97–12, title I, § 106,
Pub. L. 96–304, title I, § 105,
Pub. L. 96–86, § 111(a), (b),
Pub. L. 95–391, title I, § 104(a),
Pub. L. 95–26, title I,
Pub. L. 94–157, title I, ch. IV,
Pub. L. 94–32, title I,
Pub. L. 93–371,
Pub. L. 91–145,
Pub. L. 90–239, ch. IV,
Pub. L. 89–697, ch. VI,
Pub. L. 88–25, title I,
Pub. L. 87–545, title I, “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.”
Act June 28, 1955, ch. 189, § 4(d), (f), 69 Stat. 176, 177, as amended
Act Oct. 24, 1951, ch. 554, § 2(c)(1), 65 Stat. 614, provided that:
Pub. L. 89–504, title III, § 302(f),
Pub. L. 89–301, § 11(f),
Pub. L. 88–426, title II, § 202(e),
Pub. L. 87–793, § 1005(b),
Pub. L. 86–568, title I, § 117(b),
Pub. L. 85–462, § 4(b),
Act June 28, 1955, ch. 189, § 4(e)(2), 69 Stat. 177, provided that:
Act Oct. 28, 1949, ch. 783, title I, § 101(c)(1), 63 Stat. 974, provided that:
Act Oct. 28, 1949, ch. 783, title I, § 101(c)(2), 63 Stat. 974, provided that:
Act Dec. 20, 1944, ch. 617, § 2(b), 58 Stat. 832, effective
Pub. L. 95–4,
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
This section deemed amended on and after
Pub. L. 94–32, title I, § 5,
Pub. L. 86–213,
For any position for which the Secretary of the Senate disburses the pay for the position and for which the specific amount of the rate of pay for the particular position is fixed by statute on the day before the effective date of the amendments made by this section, on and after such effective date the amount of the rate of pay for such position shall be fixed by the President pro tempore in an amount not to exceed the maximum rate of pay in effect under section 4575(f) of this title.
For any position for which the Secretary of the Senate disburses the pay for the position and for which the maximum rate of pay for the particular position is fixed by statute on the day before the effective date of the amendments made by this section, on and after such effective date the maximum rate of pay for such position shall be fixed by the President pro tempore, which shall not exceed the maximum rate of pay in effect under section 4575(f) of this title.
The effective date of the amendments made by this section, referred to in text, is the effective date of section 212 of Pub. L. 116–94, which is set out in a note below.
Section effective on the later of the first day of the first applicable pay period beginning on or after
The Ethics in Government Act of 1978, referred to in subsec. (b)(3)(A), is Pub. L. 95–521,
The Congressional Accountability Act of 1995, referred to in subsec. (b)(3)(B), is Pub. L. 104–1,
Section was formerly classified to section 61–1a of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
Section is from the Congressional Operations Appropriation Act, 1978, which is title I of the Legislative Branch Appropriation Act, 1978.
2021—Subsec. (a). Pub. L. 117–10, § 2(a)(1), (2), designated existing provisions as subsec. (a) and substituted “qualifying position if the aggregate gross pay from those positions does not exceed—” and pars. (1) and (2) for “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 4575(d)(2) of this title.”
Subsecs. (b) to (d). Pub. L. 117–10, § 2(a)(3), added subsecs. (b) to (d).
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.
Pub. L. 117–10, § 2(b),
At no time during the first three months of any fiscal year (commencing with the fiscal year which begins
Section was formerly classified to section 61–1b of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriation Act, 1985, which is title I of the Legislative Branch Appropriations Act, 1985.
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.
Section was formerly classified to section 66a of this title prior to editorial reclassification and renumbering as this section.
The term “departing Senator or Vice President” means a Senator or Vice President who will not serve in the next term due to retirement, resignation, a decision to not seek reelection, or a failure to secure reelection.
The term “Secretary” means the Secretary of the Senate.
The Secretary shall establish standard service agreements for employing offices to use in carrying out this section.
On entering into a service agreement under this section, the employing office shall submit a copy of the service agreement to the Secretary.
Notwithstanding section 5379 of title 5, an employee of the Office of Congressional Accessibility Services may not participate in the student loan repayment program through an agreement under that section and participate in the student loan repayment program through a service agreement under this section at the same time.
Except as provided in subparagraph (B), the term of the required period of employment under a service agreement under this section shall be 1 year. On completion of the required period of employment under such a service agreement, the eligible employee and the employing office may enter into additional service agreements for successive 1-year periods of employment.
Any student loan payment made under this section in any month may not result in the sum of the payment and the compensation of an employee for that month exceeding 1⁄12th of the applicable annual maximum gross compensation limitation under section 4575(d)(2), (e), or (f) of this title.
Student loan payments made under this section under a service agreement shall begin the first day of the pay period after the date on which the agreement is signed and received by the Secretary, and shall be made on a monthly basis.
An employing office who hires an eligible employee during a required period of employment (including a required period of employment described in subsection (c)(1)(B)) under such a service agreement may assume the remaining obligations (as of the date of the hiring) of the employee’s prior employing office under the agreement.
Any amount repaid by, or recovered from, an eligible employee under this section shall be credited to the subaccount for the employing office from which the amount involved was originally paid. Any amount so credited shall be merged with other sums in such subaccount for the employing office and shall be available for the same purposes, and subject to the same limitations (if any), as the sums with which such amount is merged.
Such report shall not include any information which is considered confidential or could disclose the identity of individual employees or employing offices. Information required to be contained in the report of the Secretary under section 4108 of this title shall not be considered to be personal information for purposes of this paragraph.
The Secretary shall establish and maintain a central account from which student loan payments available under this section shall be paid on behalf of eligible employees.
The Secretary shall ensure that, within the account established under subparagraph (A), a separate subaccount is established for each employing office to be used by each such office to make student loan payments under this section. Such student loan payments shall be made from any funds available to the employing office for student loan payments that are contained in the subaccount for the office.
Amounts in each subaccount established under this paragraph shall not be made available for any purpose other than to make student loan payments under this section.
Student loan payments may be made under this section only with respect to the amount of student loan indebtedness of the eligible employee that is outstanding on the date on which the employee and the employing office enter into a service agreement under this section. Such payments may not be made under this section on a student loan that is in default or arrears.
Student loan payments may be made under this section with respect to more than 1 student loan of an eligible employee at the same time or separately, if the total payments on behalf of such employee do not exceed the limits under subsection (c)(2)(A).
Student loan payments made on behalf of an eligible employee under this section shall be in addition to any basic pay and other forms of compensation otherwise payable to the eligible employee, and shall be subject to withholding for income and employment tax obligations as provided for by law.
An agreement to make student loan payments under this section shall not exempt an eligible employee from the responsibility or liability of the employee with respect to the loan involved and the eligible employee shall continue to be responsible for making student loan payments on the portion of any loan that is not covered under the terms of the service agreement.
Notwithstanding the terms of a service agreement under this section, the head of an employing office may reduce the amount of student loan payments made under the agreement if adequate funds are not available to such office.
A service agreement under this section shall not be construed to create a right to, promise of, or entitlement to the continued employment of the eligible employee.
A student loan payment under this section shall not be construed to be an entitlement for any eligible employee.
In the case of an employing office that is a Committee of the Senate, the funds allocated under this subsection shall be apportioned between the majority and minority staff of the committee in the same manner as amounts are apportioned between the staffs for salaries.
Amounts provided under this section shall be subject to annual appropriations.
This section shall apply to fiscal year 2002 and each fiscal year thereafter.
The Higher Education Act of 1965, referred to in subsec. (a)(5)(A), is Pub. L. 89–329,
The Public Health Service Act, referred to in subsec. (a)(5)(B), is act July 1, 1944, ch. 373, 58 Stat. 682. Part A of title VII of the Act is classified generally to part A (§ 292 et seq.) of subchapter V of chapter 6A of Title 42, The Public Health and Welfare. Part E of title VIII of the Act is classified generally to part E (§ 297a et seq.) of subchapter VI of chapter 6A of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.
Section 6568(c) of this title, referred to in subsec. (d)(4)(A), was in the original “section 104(c) of the Legislative Appropriation Act, 1977”, and was translated as reading “section 104(c) of the Legislative Branch Appropriation Act, 1977”, to reflect the probable intent of Congress.
Section 4108 of this title, referred to in subsec. (e)(2), was in the original “section 105(a) of the Legislative Branch Act, 1965”, and was translated as reading “section 105(a) of the Legislative Branch Appropriation Act, 1965”, to reflect the probable intent of Congress.
Section was formerly classified to section 60c–5 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 2002, which is title I of the Legislative Branch Appropriations Act, 2002.
2020—Subsec. (c)(2)(A)(i). Pub. L. 116–260, § 105(a)(1)(A), substituted “$833” for “$500”.
Subsec. (c)(2)(A)(ii). Pub. L. 116–260, § 105(a)(1)(B), substituted “$80,000” for “$40,000”.
Subsec. (h)(1). Pub. L. 116–260, § 105(a)(2), substituted “2.5 percent” for “2 percent” in subpars. (A) and (B).
2018—Subsec. (a)(1), (2). Pub. L. 115–141, § 103(a)(1)(B), added pars. (1) and (2). Former pars. (1) and (2) redesignated (3) and (4), respectively.
Subsec. (a)(3). Pub. L. 115–141, § 103(a)(1)(A), redesignated par. (1) as (3). Former par. (3) redesignated (5).
Subsec. (a)(3)(B). Pub. L. 115–141, § 103(a)(1)(C), substituted “rate of basic pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5.” for “rate of basic pay for an employee for a position at ES–1 of the Senior Executive Schedule as provided for in subchapter VIII of chapter 53 of title 5 (including any locality pay adjustment applicable to the Washington, D.C.-Baltimore Maryland consolidated metropolitan statistical area).”
Subsec. (a)(4) to (7). Pub. L. 115–141, § 103(a)(1)(A), redesignated pars. (2) to (5) as (4) to (7), respectively.
Subsec. (b)(1)(A)(ii). Pub. L. 115–141, § 103(a)(2), struck out “1-year” before “required period”.
Subsec. (c)(1). Pub. L. 115–141, § 103(a)(3), designated existing provisions as subpar. (A), inserted heading, substituted “Except as provided in subparagraph (B), the term” for “The term”, and added subpar. (B).
Subsec. (d)(2). Pub. L. 115–141, § 103(a)(4)(A), struck out “or” at end of subpar. (A), substituted a semicolon for “under subsection (f)(7).” at end of subpar. (B), and added subpars. (C) and (D).
Subsec. (d)(3). Pub. L. 115–141, § 103(a)(4)(B), inserted “(including a required period of employment described in subsection (c)(1)(B))” after “required period of employment”.
Subsec. (f)(7). Pub. L. 115–141, § 103(a)(5), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: “Notwithstanding the terms of a service agreement under this section, the head of an employing office may reduce the amount of student loan payments made under the agreement if adequate funds are not available to such office. If the head of the employing office decides to reduce the amount of student loan payments for an eligible employee, the head of the office and the employee may mutually agree to terminate the service agreement.”
2011—Subsec. (a)(1). Pub. L. 112–74, § 1001(a)(1), inserted “, except as provided under subsection (b)(3)” after “means an individual” in introductory provisions.
Subsec. (a)(2), (3). Pub. L. 112–74, § 1001(a)(2), added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:
“(2)
“(3)
Subsec. (b)(3). Pub. L. 112–74, § 1001(b), added par. (3).
2002—Subsec. (a). Pub. L. 107–117, § 916(1), redesignated pars. (2) to (6) as (1) to (5), respectively, and struck out heading and text of former par. (1). Text read as follows: “The term ‘Committee’ means the Committee on Rules and Administration of the Senate.”
Subsec. (g)(1). Pub. L. 107–117, § 916(2), substituted “subsection (h)(1)(A)” for “subsection (i)(1)(A)” in subpar. (A) and “subsection (h)(1)(B)” for “subsection (i)(1)(B)” in subpar. (B).
Pub. L. 116–260, div. I, title I, § 105(b),
Pub. L. 115–141, div. I, title I, § 103(b),
Pub. L. 112–74, div. G, title I, § 1001(c),
Any payment under this section shall be paid from the appropriation account or fund used to pay the employee.
If an individual who received a lump sum payment under this section is reemployed as an employee of the Senate before the end of the period covered by the lump sum payment, the individual shall refund an amount equal to the applicable pay covering the period between the date of reemployment and the expiration of the lump sum period. Such amount shall be deposited to the appropriation account or fund used to pay the lump sum payment.
The Committee on Rules and Administration of the Senate may prescribe regulations to carry out this section.
Section was formerly classified as a note under section 60o of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 2001, which is title I of the Legislative Branch Appropriations Act, 2001.
Section was formerly classified to section 61–1c of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1992, which is title I of the Legislative Branch Appropriations Act, 1992.
Section was formerly classified to section 60c–1 of this title prior to editorial reclassification and renumbering as this section.
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”.
Pub. L. 97–257, title I, § 105(c),
Pub. L. 97–51, § 111(b),
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 6301 of this title.
Pub. L. 96–38, title I, § 108(b),
Pub. L. 92–136, § 9(b),
Pub. L. 86–426, § 3,
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 1
Section 50 of the Revised Statutes, referred to in text, was classified to section 38 of this title and was repealed by Pub. L. 104–186, title II, § 203(4),
Section was formerly classified to section 36a of this title prior to editorial reclassification and renumbering as this section.
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.
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
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.
An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes.
This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States.
The Secretary of the Senate shall promulgate rules and regulations to carry out the provisions of this section.
Section was formerly classified to section 130c of this title prior to editorial reclassification and renumbering as this section.
1996—Subsec. (a). Pub. L. 104–316 in first sentence struck out “, if the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official” after “in part by the Secretary of the Senate”, and in third sentence substituted “$1,500 may also” for “$1,500 shall also”.
1993—Subsec. (a). Pub. L. 103–69 substituted “$1,500” for “$500”.
Pub. L. 104–316, title I, § 101(e),
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.
The Secretary may enter into agreements under subsection (a) of this section at such time or times as he considers appropriate.
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.
For the purposes of this section, “State” means any of the States of the United States and the District of Columbia.
The Standing Rules of the Senate, referred to in subsec. (e), were revised in 1979 and 2000. 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.
Section was formerly classified to section 60c–3 of this title prior to editorial reclassification and renumbering as this section.
The Financial Clerk of the Senate is authorized to accept from an individual whose pay is disbursed by the Secretary of 1
The Financial Clerk of the Senate is authorized to withhold the amount referred to in subsection (a) from any amount which is disbursed by the Secretary of the Senate and which is due to or on behalf of the individual described in subsection (a).
Any payment accepted under this section shall be deposited in the general fund of the Treasury as miscellaneous receipts.
As used in this section, the term “head of the employing office” means any person with the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of an individual whose pay is disbursed by the Secretary of the Senate.
This section shall apply to fiscal year 1996 and each fiscal year thereafter.
Section was formerly classified to section 60p of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1997, which is title I of the Legislative Branch Appropriations Act, 1997.
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.
Section was formerly classified to section 101 of this title prior to editorial reclassification and renumbering as this section.
After a Member of Congress or an elected officer of either House of Congress leaves office, or after the termination of employment with the House of Representatives or the Senate of an employee who is covered under paragraph (2), (3), (4), or (5) of section 207(e) of title 18, the Clerk of the House of Representatives, after consultation with the Committee on Standards of Official Conduct, or the Secretary of the Senate, as the case may be, shall notify the Member, officer, or employee of the beginning and ending date of the prohibitions that apply to the Member, officer, or employee under section 207(e) of that title.
The Clerk of the House of Representatives, with respect to notifications under subsection (a) relating to Members, officers, and employees of the House, and the Secretary of the Senate, with respect to such notifications relating to Members, officers, and employees of the Senate, shall post the information contained in such notifications on the public Internet site of the Office of the Clerk or the Secretary of the Senate, as the case may be, in a format that, to the extent technically practicable, is searchable, sortable, and downloadable.
Section was formerly classified to section 104d of this title prior to editorial reclassification and renumbering as this section.
Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress,
Pub. L. 110–81, title I, § 105(c),
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.
This section shall take effect immediately before noon
The Rules of the House of Representatives for the One Hundred Sixth Congress were adopted and amended generally by House Resolution No. 5, One Hundred Sixth Congress,
Section was formerly classified to section 29d of this title prior to editorial reclassification and renumbering as this section.
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.
Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress,
Pub. L. 101–194, title VIII, § 801(e),
Pub. L. 101–194, title VIII, § 802(e),
Pub. L. 101–194, title VIII, § 805,
Subject to paragraph (2), subsection (a) shall apply with respect to information received by the Clerk of the House of Representatives on or after
Members of the House of Representatives (including Delegates and Resident Commissioners to the Congress) shall be permitted to omit personally identifiable information not required to be disclosed on the reports posted on the public Internet site under this section (such as home address, Social Security numbers, personal bank account numbers, home telephone, and names of children) prior to the posting of such reports on such public Internet site.
The Clerk of the House of Representatives, in consultation with the Committee on Standards of Official Conduct, shall include in any informational materials concerning any disclosure that will be posted on the public Internet site under this section an explanation of the procedures for protecting personally identifiable information as described in this section.
The Clerk shall maintain the information posted on the public Internet site of the Office of the Clerk under this section for a period of 6 years after receiving the information, or, in the case of reports filed under section 13105(h)(1) of title 5, until the expiration of the 6-year period which begins on the date the individual is no longer a Member of Congress.
Section was formerly classified to section 104e of this title prior to editorial reclassification and renumbering as this section.
2022—Subsec. (a)(2). Pub. L. 117–286, § 4(c)(4)(A), substituted “section 13105(h)(1) of title 5” for “section 103(h)(1) of the Ethics in Government Act of 1978”.
Subsec. (c). Pub. L. 117–286, § 4(c)(4)(B), substituted “section 13105(h)(1) of title 5,” for “section 103(h)(1) of the Ethics in Government Act of 1978,”.
2012—Subsec. (c). Pub. L. 112–105 substituted “, or, in the case of reports filed under section 103(h)(1) of the Ethics in Government Act of 1978, until the expiration of the 6-year period which begins on the date the individual is no longer a Member of Congress.” for period at end.
Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress,
Pub. L. 112–105, § 19(b)(2),
Pub. L. 112–105, § 10,
Pub. L. 110–81, title III, § 306,
Notwithstanding any other provision of law or any other rule or regulation, any information on payments made by the Committee on Standards of Official Conduct of the House of Representatives to an individual for attendance as a witness before the Committee in executive session during a Congress shall be reported not later than the second semiannual report filed under section 5535 of this title in the following Congress.
Section was formerly classified as a note under section 104b of this title prior to editorial reclassification and renumbering as this section.
Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress,
If the Committee on Ethics of the Senate determines that there is a reasonable basis to believe that a Member, officer, or employee of the Senate may have committed an ethics violation, the committee may request the Office of Special Investigations of the Government Accountability Office to conduct factfinding and an investigation into the matter. The Office of Special Investigations shall promptly investigate the matter as directed by the committee.
Section was formerly classified to section 72a–1g of this title prior to editorial reclassification and renumbering as this section.
2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in section catchline and text.
The Select Committee on Ethics shall conduct ongoing ethics training and awareness programs for Members of the Senate and Senate staff.
Section was formerly classified to section 72a–1h of this title prior to editorial reclassification and renumbering as this section.
Section was formerly classified to section 72a–1i of this title prior to editorial reclassification and renumbering as this section.
Section was formerly classified to section 60–2 of this title prior to editorial reclassification and renumbering as this section.
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.
Section was formerly classified to section 31–2 of this title prior to editorial reclassification and renumbering as this section.
2022—Subsec. (a)(2)(B). Pub. L. 117–286, § 4(c)(5)(A), substituted “section 13104(a)(2)(A) of title 5;” for “section 102(a)(2)(A) of the Ethics in Government Act of 1978;”.
Subsec. (a)(3)(B). Pub. L. 117–286, § 4(c)(5)(B), substituted “section 13101(16) of title 5.” for “section 107(2) of title I of the Ethics in Government Act of 1978 (Public Law 95–521).”
1991—Subsec. (a)(1). Pub. L. 102–90, § 314(c)(1)–(3), redesignated par. (2) as (1), substituted “in any calendar year aggregating more than the minimal value as established by section 7342(a)(5) of title 5 or $250, whichever is greater” for “having an aggregate value exceeding $300 during a calendar year”, and struck out former par. (1) which read as follows: “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.”
Subsec. (a)(2). Pub. L. 102–90, § 314(c)(2), (4), redesignated par. (5) as (2) and, in subpar. (B), substituted “$100 or less, as adjusted under section 102(a)(2)(A) of the Ethics in Government Act of 1978” for “less than $75”. Former par. (2) redesignated (1).
Subsec. (a)(3). Pub. L. 102–90, § 314(c)(5), redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: “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;”.
Pub. L. 102–90, § 314(c)(1), (2), redesignated par. (6) as (3) and struck out former par. (3) which read as follows: “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.”
Subsec. (a)(4). Pub. L. 102–90, § 314(c)(1), (2), redesignated par. (7) as (4) and struck out former par. (4) which read as follows: “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, 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 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.”
Subsec. (a)(5) to (8). Pub. L. 102–90, § 314(c)(2), redesignated pars. (5) to (8) as (2) to (5), respectively.
1990—Subsec. (a)(5)(D). Pub. L. 101–280, § 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, § 8(1)(B), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.
Subsec. (b). Pub. L. 101–280, § 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”.
Pub. L. 102–90, title III, § 314(g),
[Amendment by Pub. L. 102–378 to section 314(g) of Pub. L. 102–90, set out above, effective
Pub. L. 101–280, § 11,
In developing and revising guidelines under paragraph (1)(A), the committee shall take into account the maximum per diem rates for official Federal Government travel published annually by the General Services Administration, the Department of State, and the Department of Defense.
For purposes of this section, travel on a flight described in paragraph 1(c)(1)(C)(ii) of rule XXXV of the Standing Rules of the Senate shall not be considered to be a reasonable expense.
The deadline for the initial guidelines required by paragraph (1) may be extended for 30 days by the Committee on Rules and Administration.
The amendments made by subsection (a), referred to in par. (1), mean the amendments made by subsec. (a) of section 544 of Pub. L. 110–81 to paragraph 2 of rule XXXV of the Standing Rules of the Senate, which are not classified to the Code.
Section was formerly classified to section 31–3 of this title prior to editorial reclassification and renumbering as this section.
Pub. L. 110–81, title V, § 544(f),
Pub. L. 110–81, title V, § 544(e),
The Secretary of the Senate shall maintain the information posted on the public Internet site of the Office of the Secretary under this section for a period not longer than 4 years after receiving the information.
If the Secretary of the Senate is unable to meet the deadline established under subsection (a), the Committee on Rules and Administration of the Senate may grant an extension of the Secretary of the Senate.
There are authorized to be appropriated such sums as are necessary to carry out this section.
Section was formerly classified to section 104g of this title prior to editorial reclassification and renumbering as this section.
After a Senator or an elected officer of the Senate leaves office or after the termination of employment with the Senate of an employee of the Senate, the Secretary of the Senate shall notify the Member, officer, or employee of the beginning and ending date of the prohibitions that apply to the Member, officer, or employee under rule XXXVII of the Standing Rules of the Senate.
This section shall take effect 60 days after
Section was formerly classified to section 104f of this title prior to editorial reclassification and renumbering as this section.
Section was formerly classified to section 88b–1 of this title prior to editorial reclassification and renumbering as this section.
Repeal of subsecs. (c) and (d) of this section is based on section 304(a) of H.R. 4120, as reported
2004—Subsec. (b)(1). Pub. L. 108–447 substituted “sixteen” for “fourteen”.
1996—Subsec. (a)(1). Pub. L. 104–186, § 204(36)(A), substituted “the period specified in writing at the time of the appointment” for “a period of not less than two months”.
Subsec. (b). Pub. L. 104–186, § 204(36)(B), substituted a period for “; or” at end of par. (2) and struck out concluding provisions which read as follows: “(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.”
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.
Subsecs. (a), (c), and (d) of this section effective immediately prior to noon on
Pub. L. 91–510, title IV, § 491(f),
Prior to the repeal of subsecs. (c) and (d) of section 88b–1 (now 4901) 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,
Pub. L. 96–536, § 101(c),
Pub. L. 96–38, title III, § 303,
Pub. L. 95–391, title III, § 305,
There is hereby authorized to be constructed, on a site jointly approved by the Senate Office Building Commission and the House Office Building Commission, in accordance with plans which shall be prepared by or under the direction of the Architect of the Capitol and which shall be submitted to and jointly approved by the Senate Office Building Commission and the House Office Building Commission, a fireproof building containing dormitory and classroom facilities, including necessary furnishings and equipment, for pages of the Senate, the House of Representatives, and the Supreme Court of the United States.
The Architect of the Capitol, under the joint direction and supervision of the Senate Office Building Commission and the House Office Building Commission, is authorized to acquire on behalf of the United States, by purchase, condemnation, transfer, or otherwise, such publicly or privately owned real property in the District of Columbia (including all alleys, and parts of alleys, and streets within the curblines surrounding such real property) located in the vicinity of the United States Capitol Grounds, as may be approved jointly by the Senate Office Building Commission and the House Office Building Commission, for the purpose of constructing on such real property, in accordance with this section, a suitable dormitory and classroom facilities complex for pages of the Senate, the House of Representatives, and the Supreme Court of the United States.
Any proceeding for condemnation instituted under subsection (b) of this section shall be conducted in accordance with subchapter IV of chapter 13 of title 16 of the District of Columbia Code.
Notwithstanding any other provision of law, any real property owned by the United States, and any alleys, or parts of alleys and streets, contained within the curblines surrounding the real property acquired on behalf of the United States under this section shall be transferred, upon the request of the Architect of the Capitol made with the joint approval of the Senate Office Building Commission and the House Office Building Commission, to the jurisdiction and control of the Architect of the Capitol.
Notwithstanding any other provision of law, any alleys, or parts of alleys and streets, contained within the curblines surrounding the real property acquired on behalf of the United States under this section shall be closed and vacated by the Mayor of the District of Columbia in accordance with any request therefor made by the Architect of the Capitol with the joint approval of the Senate Office Building Commission and the House Office Building Commission.
Upon the acquisition on behalf of the United States of all real property under this section, such property shall be a part of the United States Capitol Grounds and shall be subject to the provisions of sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40.
The building constructed on the real property acquired under this section shall be designated the “John W. McCormack Residential Page School”. The employment of all services (other than that of the United States Capitol Police) necessary for its protection, care, maintenance, and use, for which appropriations are made by Congress, shall be under the control and supervision of the Architect of the Capitol. Such supervision and control shall be subject to the joint approval and direction of the Speaker and the President pro tempore. The Architect shall submit annually to the Congress estimates in detail for all services, other than those of the United States Capitol Police or those provided in connection with the conduct of school operations and the personal supervision of pages, and for all other expenses in connection with the protection, care, maintenance, and use of the John W. McCormack Residential Page School. The Speaker and the President pro tempore shall prescribe, from time to time, regulations governing the Architect in the provision of services and the protection, care, and maintenance, of the John W. McCormack Residential Page School.
Nothing in this part shall affect the operation of section 4903 of this title, relating to educational facilities of pages and other minors who are congressional employees.
Sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40, referred to in subsec. (f), was in the original a reference to the Act entitled “An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes”, approved
This part, referred to in subsec. (i), means part 9 of title IV of Pub. L. 91–510,
Section was formerly classified to section 2161 of this title prior to editorial reclassification and renumbering as this section, and to section 184a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
1996—Subsec. (i). Pub. L. 104–186 struck out “section 88a of title 2 or” after “affect the operation of”.
Section effective immediately prior to noon on
Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon
Pub. L. 92–607, ch. V,
The facilities provided for the education of Congressional and Supreme Court pages shall be available from and after
Section was formerly classified to section 88b of this title prior to editorial reclassification and renumbering as this section.
The first paragraph of this section is based on act
The second paragraph was based on H. Res. No. 279, Ninety-eighth Congress,
1996—Pub. L. 104–186, in first par., substituted “Senate employees” for “congressional employees” and struck out “and the Clerk of the House of Representatives” after “Secretary of the Senate”, and struck out second par. which read as follows: “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.”
Section was formerly classified to section 88b–2 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 1 of House Resolution No. 611, Ninety-seventh Congress,
2007—Pub. L. 110–2 designated existing provisions as subsec. (a) and added subsec. (b).
Pub. L. 110–2, § 4,
Pub. L . 110–2, § 1,
As used in sections 4911 to 4913 of this title, the term “Member of the House” means a Representative in, and a Delegate or Resident Commissioner to, the Congress.
Section was formerly classified to section 88b–3 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 2 of House Resolution No. 611, Ninety-seventh Congress,
2007—Subsec. (a)(1). Pub. L. 110–2, § 2(a)(1), substituted “and two Members” for “and one Member”.
Subsec. (a)(2) to (4). Pub. L. 110–2, § 2(a)(2)–(4), added pars. (2) and (3) and redesignated former par. (2) as (4).
Subsecs. (b), (c). Pub. L. 110–2, § 2(b), added subsec. (b) and redesignated former subsec. (b) as (c).
1998—Subsec. (a)(3). Pub. L. 105–275 inserted “and” at end of par. (1), substituted a period for “; and” at end of par. (2), and struck out par. (3) which read as follows: “the Architect of the Capitol.”
1996—Subsec. (a)(2). Pub. L. 104–186 substituted “Clerk and the Sergeant” for “Clerk, Doorkeeper, and Sergeant”.
Amendment by Pub. L. 110–2 applicable with respect to the portion of the One Hundred Tenth Congress which begins after
Pub. L. 105–275, title I, § 101(b),
The Page Board shall have authority to prescribe such regulations as may be necessary to carry out sections 4911 to 4913 of this title.
Section was formerly classified to section 88b–4 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 3 of House Resolution No. 611, Ninety-seventh Congress,
The page program shall consist of the two semesters of the academic year, plus a non-academic summer term.
Section was formerly classified to section 88c–2 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 2 of House Resolution No. 234, Ninety-eighth Congress,
1996—Pub. L. 104–186 substituted “semesters of the academic year, plus a non-academic” for “terms of the academic year plus a”.
Section 5 of House Resolution No. 234, Ninety-eighth Congress,
Section was formerly classified to section 88c–3 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 3 of House Resolution No. 234, Ninety-eighth Congress,
1996—Subsec. (a)(1)(B). Pub. L. 104–186, § 204(40)(C), substituted “semester or two full semesters” for “term or two full terms”.
Subsec. (b)(1). Pub. L. 104–186, § 204(40)(D), substituted “except that no appointment may be made under this paragraph for service to begin on or after October 1 with respect to the first semester or on or after March 1 with respect to the second semester” for “but no appointment to fill that vacancy shall be for a period of less than two months”.
Subsec. (b)(2). Pub. L. 104–186, § 204(40)(E), substituted “semesters or terms, as the case may be,” for “terms”.
Section effective
Section was formerly classified to section 88c–4 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 4 of House Resolution No. 234, Ninety-eighth Congress,
1996—Par. (1). Pub. L. 104–186 substituted “semesters” for “terms”.
Section effective
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.
There shall be deposited in the revolving fund such amounts as may be received by the Chief Administrative Officer of the House of Representatives with respect to lodging, meals, and related services furnished for congressional pages. Amounts so deposited shall be available for disbursement by the Chief Administrative Officer of the House of Representatives, as determined by the Clerk of the House of Representatives, for expenses relating to the page residence hall and the page meal plan.
The House of Representatives Page Board shall prescribe such regulations as may be necessary to carry out this section.
The Ninety-eighth Congress, referred to in subsec. (a), convened on
Section was formerly classified to section 88b–5 of this title prior to editorial reclassification and renumbering as this section.
Section is based on House Resolution No. 64, Ninety-eighth Congress,
Sections 1 to 4 of House Resolution No. 64 have been redesignated subsecs. (a) to (d) of this section, respectively, for purposes of codification.
1996—Subsec. (b). Pub. L. 104–186, § 204(38)(A), (B), substituted “Chief Administrative Officer of the House of Representatives” for “Clerk” in first sentence and “Chief Administrative Officer of the House of Representatives, as determined by the Clerk of the House of Representatives,” for “Clerk” in second sentence.
Subsecs. (c), (d). Pub. L. 104–186, § 204(38)(C), (D), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “As used in this section, the term ‘Clerk’ means the Clerk of the House of Representatives.”
There is established in the Treasury of the United States a revolving fund within the contingent fund of the Senate to be known as the Daniel Webster Senate Page Residence Revolving Fund (hereafter referred to in this section as the “fund”). The fund shall consist of all rental payments and other moneys collected or received by the Sergeant at Arms with regard to the Daniel Webster Senate Page Residence. All moneys in the fund shall be available without fiscal year limitation for disbursement by the Secretary of the Senate in connection with operation and maintenance of the Daniel Webster Senate Page Residence not normally performed by the Architect of the Capitol. In addition, such moneys may be used by the Sergeant at Arms to purchase food and food related items and fund activities for the pages.
All moneys received from rental payments and other moneys (including donated moneys) collected or received by the Sergeant at Arms with regard to the Daniel Webster Senate Page Residence shall be deposited in the fund and shall be available for purposes of this section.
Disbursements from the fund shall be made upon vouchers approved by the Sergeant at Arms, or the designee of the Sergeant at Arms.
The Sergeant at Arms is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section and to provide for the operations of the Daniel Webster Senate Page Residence.
Section was formerly classified to section 88b–7 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1995, which is title I of the Legislative Branch Appropriations Act, 1995.
1995—Subsec. (b). Pub. L. 104–53 inserted “(including donated moneys)” after “other moneys”.
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.
Section was formerly classified to section 74a of this title prior to editorial reclassification and renumbering as this section.
Section effective
Pub. L. 85–462, § 4(n),
House Resolution No. 127, Eighty-ninth Congress,
House Resolution No. 258, Eighty-ninth Congress,
Section 207(c) of House Resolution 988, Ninety-third Congress,
Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90–206), Federal Pay Comparability Act of 1970 (Pub. L. 91–656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100–202), see sections 4531 and 4532 of this title, and Salary Directives of Speaker of the House, set out as notes under those sections.
Section was formerly classified to section 74a–9 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1999, which is title I of the Legislative Branch Appropriations Act, 1999.
Section was formerly classified to section 333 of this title prior to editorial reclassification and renumbering as this section.
Section effective immediately prior to noon on
Funds provided under this section limited to use for compensation of additional personnel and other necessary official expenses, see section 112 of Pub. L. 98–51, set out as a note under section 5142 of this title.
Notwithstanding any other provision of law (including any provision of law that sets forth an allowance for official expenses), the amount appropriated or otherwise made available during a Congress for the salaries and expenses of any office or authority described in paragraph (2) shall be the amount allocated for such office or authority by the Speaker of the House of Representatives from the aggregate amount appropriated or otherwise made available for all such offices and authorities.
Notwithstanding any other provision of law (including any provision of law that sets forth an allowance for official expenses), the amount appropriated or otherwise made available during a Congress for the salaries and expenses of any office or authority described in paragraph (2) shall be the amount allocated for such office or authority by the Minority Leader of the House of Representatives from the aggregate amount appropriated or otherwise made available for all such offices and authorities.
This section shall apply with respect to any months occurring during the One Hundred Twelfth Congress that begin after
The most recent bill making appropriations for the legislative branch that was enacted prior to
Section was formerly classified to section 74a–11a of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2012, which is div. G of the Consolidated Appropriations Act, 2012.
Each office described under the heading “HOUSE LEADERSHIP OFFICES” in the Act making appropriations for the legislative branch for a fiscal year may transfer any amounts appropriated for the office under such heading among the various categories of allowances and expenses for the office under such heading.
Subsection (a) shall not apply with respect to any amounts appropriated for official expenses.
This section shall apply with respect to fiscal year 1999 and each succeeding fiscal year.
Section was formerly classified to section 74a–11 of this title prior to editorial reclassification and renumbering as this section.
Section is from the 1999 Emergency Supplemental Appropriations Act.
There is established for the House of Representatives an allowance which shall be available for the compensation of interns who serve in House leadership offices.
Section 5321(b) of this title shall apply with respect to an intern who is compensated under the allowance under this section in the same manner as such section applies with respect to an intern who is compensated under the Members’ Representational Allowance.
There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2020 and each succeeding fiscal year.
This section and the amendments made by this section shall apply with respect to fiscal year 2020 and each succeeding fiscal year.
Section is comprised of section 113 of Pub. L. 116–94. Subsec. (e) of section 113 of Pub. L. 116–94 amended section 5507 of this title.
There shall be paid to the Speaker of the House of Representatives in equal monthly installments an expense allowance of $10,000 per annum to assist in defraying expenses relating to or resulting from the discharge of his official duties, for which no accounting, other than for income tax purposes, shall be made by him.
Section was formerly classified to section 31b of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 struck out “(which shall be in lieu of the allowance provided by section 601(b) of the Legislative Reorganization Act of 1946, as amended)” after “per annum”.
1951—Act
Amendment by act
Section effective at noon,
There shall be paid from the applicable accounts of the House of Representatives 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.
Section was formerly classified to section 74–1 of this title prior to editorial reclassification and renumbering as this section.
Section is based on House Resolution No. 487, Eighty-seventh Congress,
1996—Pub. L. 104–186 substituted “applicable accounts of the House of Representatives” for “contingent fund of the House”.
There is established in the House of Representatives an office to be known as the Speaker’s Office for Legislative Floor Activities. The Speaker shall appoint and set the annual rate of pay for employees of the Office. The Office shall have the responsibility of assisting the Speaker in the management of legislative floor activity.
Section was formerly classified to section 74a–7 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 223(b) of House Resolution No. 6, One Hundred Fourth Congress,
Pub. L. 107–68, title I, § 113,
Section was formerly classified to section 74a–12 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 2002, which is title I of the Legislative Branch Appropriations Act, 2002.
Section, Pub. L. 91–665, ch. VIII,
Pub. L. 115–244, div. B, title I, § 118(c),
Section 5126, Pub. L. 91–665, ch. VIII,
Section 5127, Pub. L. 91–665, ch. VIII,
Section 5128, Pub. L. 91–665, ch. VIII,
Section 5129, Pub. L. 103–69, title I, § 101A(a),
Repeal applicable with respect to any individual who serves as a Representative in Congress during the One Hundred Fifteenth Congress or any succeeding Congress, see section 118(c) of Pub. L. 115–244, set out as a note under section 5125 of this title.
Section was formerly classified to section 74a–3 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 1 of House Resolution No. 393, Ninety-fifth Congress,
Amendment by Pub. L. 104–53 is based on section 3(b) of House Resolution No. 113, One Hundred Fourth Congress,
2019—Subsec. (b). Pub. L. 116–94 substituted “The maximum annual rate of compensation for any individual employed under subsection (a) shall not exceed the greater of $173,900 or the applicable rate of pay in effect under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title,” for “The annual rate of compensation for any individual employed under subsection (a) shall not exceed the annual rate of basic pay of level V of the Executive Schedule of section 5316 of title 5,”.
1996—Subsec. (b). Pub. L. 104–186 substituted “applicable accounts of the House of Representatives” for “contingent fund of the House”.
1995—Subsec. (a). Pub. L. 104–53 substituted “chief deputy majority whip” for “chief majority whip”.
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Section 3(a) of House Resolution No. 113, One Hundred Fourth Congress,
Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90–206), Federal Pay Comparability Act of 1970 (Pub. L. 91–656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100–202), see sections 4531 and 4532 of this title, and Salary Directives of Speaker of the House, set out as notes under those sections.
Section was formerly classified to section 74a–4 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 2 of House Resolution No. 393, Ninety-fifth Congress,
1996—Pub. L. 104–186 substituted “applicable accounts of the House of Representatives” for “contingent fund of the House”.
Pub. L. 98–51, title I, § 112,
Effective
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.
Section was formerly classified to section 74c of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 1 of House Resolution 119, Ninety-fifth Congress,
Provisions similar to those in this section were contained in House Resolution 441, Ninety-first Congress,
House Resolution No. 7, One Hundred Fourth Congress,
Section was formerly classified to section 74a–10 of this title prior to editorial reclassification and renumbering as this section.
Section is from the 1999 Emergency Supplemental Appropriations Act.
Section was formerly classified to section 74a–10a of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2009, which is div. G of the Omnibus Appropriations Act, 2009.
Section was formerly classified to section 74a–10b of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2010, which is div. A of Pub. L. 111–68.
There is hereby established an account in the House of Representatives for purposes of carrying out training and program development activities of the Republican Conference and the Democratic Steering and Policy Committee.
There are authorized to be appropriated to the account under this section for fiscal year 1999 and each succeeding fiscal year such sums as may be necessary for training and program development activities of the Republican Conference and the Democratic Steering and Policy Committee during the fiscal year.
Section was formerly classified to section 74a–8 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1999, which is title I of the Legislative Branch Appropriations Act, 1999.
2011—Subsec. (b). Pub. L. 112–74, § 104(a)(1), substituted “Funds” for “Subject to the allocation described in subsection (c) of this section, funds” in introductory provisions.
Subsec. (b)(1). Pub. L. 112–74, § 104(a)(2), substituted “direct (or, if the Speaker is not a member of the Republican Party, under such terms and conditions as the Minority Leader of the House of Representatives may direct);” for “direct;”.
Subsec. (b)(2). Pub. L. 112–74, § 104(a)(3), substituted “direct (or, if the Speaker is a member of the Democratic Party, under such terms and conditions as the Speaker may direct).” for “direct.”
Subsecs. (c), (d). Pub. L. 112–74, § 104(b), redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “Of the total amount in the account established under subsection (a) of this section—
“(1) 50 percent shall be allocated to the Speaker for payments for activities of the Republican Conference; and
“(2) 50 percent shall be allocated to the Minority Leader for payments for activities of the Democratic Steering and Policy Committee.”
Pub. L. 112–74, div. G, title I, § 104(c),
There is established in the House of Representatives an office to be known as the Republican Policy Committee, which shall have such responsibilities as may be assigned by the Speaker of the House of Representatives (or, if the Speaker is not a member of the Republican Party, the Minority Leader of the House of Representatives).
There shall be a lump sum allowance for the salaries and expenses of the Republican Policy Committee, which shall be treated as a category of House leadership offices for purposes of section 5507(c) of this title, and which shall be obligated and expended as directed by the Speaker (or, if the Speaker is not a member of the Republican party, the Minority Leader).
This section shall apply with respect to fiscal year 2005 and each succeeding fiscal year.
Section was formerly classified to section 74a–13 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
2011—Subsec. (a). Pub. L. 112–74, § 102(a), substituted “the Speaker of the House of Representatives (or, if the Speaker is not a member of the Republican Party, the Minority Leader of the House of Representatives)” for “the chair of the Republican Conference”.
Subsec. (b). Pub. L. 112–74, § 102(b), inserted “, and which shall be obligated and expended as directed by the Speaker (or, if the Speaker is not a member of the Republican party, the Minority Leader)” before period at end.
Pub. L. 112–74, div. G, title I, § 102(c),
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.
Section was formerly classified to section 34 of this title prior to editorial reclassification and renumbering as this section.
R.S. § 38 derived from act Mar. 3, 1873, ch. 226, § 1, 17 Stat. 488.
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.
Section was formerly classified to section 35 of this title prior to editorial reclassification and renumbering as this section.
R.S. § 39 derived from Res.
Section 5302 of this title shall not be construed as being applicable to a Senator.
Section was formerly classified to section 35a of this title prior to editorial reclassification and renumbering as this section.
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 6301 of this title. See Effective Date note below.
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 6301 of this title.
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.
Section was formerly classified to section 37 of this title prior to editorial reclassification and renumbering as this section.
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 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 Chief Administrative Officer of the House of Representatives and received by the Chief Administrative Officer 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.
Section was formerly classified to section 38a of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 struck out “(including amounts held in the trust fund account in the office of the Sergeant at Arms)” after “due such individual” in first undesignated par. and substituted “Chief Administrative Officer of the House of Representatives and received by the Chief Administrative Officer” for “Sergeant at Arms, and received by the Sergeant at Arms” in second undesignated par.
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.
The Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives) shall deduct from the monthly payments (or other periodic payments authorized by law) of each Member or Delegate the amount of his salary for each day that he has been absent from the House, unless such Member or Delegate assigns as the reason for such absence the sickness of himself or of some member of his family.
Section was formerly classified to section 39 of this title prior to editorial reclassification and renumbering as this section.
R.S. § 40 derived from act Aug. 16, 1856, ch. 123, § 6, 11 Stat. 49.
2005—Pub. L. 109–55 struck out “Secretary of the Senate and the” before “Chief Administrative Officer”, “, respectively,” before “shall deduct from”, “, respectively” before “, unless such Member”, and “Senate or” after “absent from the”.
1996—Pub. L. 104–186 substituted “the Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives)” for “Sergeant-at-Arms of the House”.
1981—Pub. L. 97–51 substituted “from the monthly payments (or other periodic payments authorized by law)” for “from the monthly payments”.
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 6301 of this title.
Salary and mileage accounts of Representatives and Delegates shall be certified by the Speaker of the House of Representatives; and such certificates shall be conclusive upon all the departments and officers of the Government.
Section was formerly classified to section 48 of this title prior to editorial reclassification and renumbering as this section.
R.S. § 47 derived from acts July 28, 1866, ch. 296, § 17, 14 Stat. 323, and Jan. 22, 1818, ch. 5, § 3, 3 Stat. 404.
R.S. § 48 derived from act Sept. 30, 1850, ch. 90, § 1, 9 Stat. 523.
R.S. § 47 constitutes first clause and R.S. § 48 constitutes remainder.
Words “mileage accounts” substituted for words “accounts for traveling expenses in going to and returning from Congress” based on text of section 17 of act July 28, 1866, ch. 296, 14 Stat. 323.
2004—Pub. L. 108–447 substituted “of Representatives and Delegates shall be certified” for “of Senators shall be certified by the President of the Senate, and those of Representatives and Delegates”.
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 5307 of this title for salary and accounts for traveling expenses in going to and returning from Congress of Representatives and Delegates.
Section 5307 of this title, referred to in text, was in the original “section forty-seven of the Revised Statutes”, which initially enacted part of section 48 of this title and was subsequently reclassified as section 5307 of this title. See Codification notes under sections 48 and 5307 of this title.
Section was formerly classified to section 50 of this title prior to editorial reclassification and renumbering as this section.
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 Chief Administrative Officer 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.
Section was formerly classified to section 80 of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 substituted “Chief Administrative Officer” for “Sergeant-at-Arms”.
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
Section was formerly classified to section 49 of this title prior to editorial reclassification and renumbering as this section.
The Committee on House Oversight shall have authority to prescribe regulations to carry out this section.
Section was formerly classified to section 92 of this title prior to editorial reclassification and renumbering as this section.
Section is comprised of section 104 of Pub. L. 104–186. Subsec. (e)(1) of section 104 of Pub. L. 104–186 repealed former section 92 of this title. Subsec. (e)(2) and (3) of section 104 of Pub. L. 104–186 repealed provisions formerly set out as notes under section 92 of this title.
1999—Pub. L. 106–57, § 103(b)(2), struck out “Clerk hire” before “Employees” in section catchline.
Subsec. (a). Pub. L. 106–57, § 103(b)(1), struck out “clerk hire” before “employees” in two places in introductory provisions.
1997—Subsec. (c)(2). Pub. L. 105–55 struck out “in the District of Columbia” after “office of the Member”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Amendment by Pub. L. 106–57 applicable with respect to the first session of the One Hundred Sixth Congress and each succeeding session of Congress, see section 103(c) of Pub. L. 106–57, set out as a note under section 4313 of this title.
Pub. L. 105–55, title I, § 104(b),
House Resolution No. 359, Ninety-sixth Congress,
House Resolution No. 357, Ninety-first Congress,
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 applicable accounts of the House of Representatives. 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.
The Committee on House Oversight shall prescribe such regulations as may be necessary to carry out this section.
Section was formerly classified to section 60g–2 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 1 of House Resolution No. 420, Ninety-third Congress,
1996—Subsec. (a). Pub. L. 104–186, § 204(7)(A), substituted “applicable accounts of the House of Representatives” for “contingent fund of the House”.
Subsec. (b). Pub. L. 104–186, § 204(6), substituted “Chief Administrative Officer” for “Clerk”.
Subsec. (c). Pub. L. 104–186, § 204(7)(B), substituted “House Oversight” for “House Administration”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Section 3 of House Resolution No. 420, Ninety-third Congress, as enacted into permanent law by Pub. L. 93–245, ch. VI,
There is established for the House of Representatives an allowance which shall be available for the compensation of interns who serve in the offices of Members of the House of Representatives.
An office of a Member of the House of Representatives may not use more than $20,000 of the allowance under this section during any calendar year.
Section 5321(b) of this title shall apply with respect to an intern who is compensated under the allowance under this section in the same manner as such section applies with respect to an intern who is compensated under the Members’ Representational Allowance.
Nothing in this section may be construed to affect the use of the Members’ Representational Allowance for the compensation of interns, as provided under section 5321 of this title.
There are authorized to be appropriated to carry out this section $8,800,000 for fiscal year 2019, and such sums as may be necessary for fiscal year 2020 and each succeeding fiscal year.
2019—Subsec. (f). Pub. L. 116–94 substituted “, and such sums as may be necessary for fiscal year 2020 and each succeeding fiscal year.” for period at end.
Pub. L. 116–94, div. E, title I, § 112(c),
When a Senator 1
Section was formerly classified to section 92a of this title prior to editorial reclassification and renumbering as this section.
Pub. L. 98–473, title I, § 123A(a),
Notwithstanding the provisions of section 5323 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.
Section was formerly classified to section 92b of this title prior to editorial reclassification and renumbering as this section.
1966—Pub. L. 89–554 struck out sentence which related to retirement service credit.
1952—Joint Res.
1950—Joint Res.
Act Aug. 21, 1935, ch. 600, § 4, 49 Stat. 680, provided that:
Any clerical assistants who continue on the House pay rolls under the provisions of section 5324 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.
Section was formerly classified to section 92c of this title prior to editorial reclassification and renumbering as this section.
Section effective
As used in section 5324 of this title the phrase “Member of the House” shall mean a Representative, Representative-elect, Delegate, Delegate-elect, Resident Commissioner, or Resident Commissioner-elect.
Section was formerly classified to section 92d of this title prior to editorial reclassification and renumbering as this section.
Section effective
Section was formerly classified to section 92b–1 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 1 of House Resolution 804, Ninety-sixth Congress,
The Committee on House Oversight of the House of Representatives shall have authority to prescribe regulations for the carrying out of sections 5327 to 5329 of this title.
Section was formerly classified to section 92b–2 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 2 of House Resolution 804, Ninety-sixth Congress,
1996—Pub. L. 104–186 substituted “House Oversight of the House of Representatives” for “House Administration”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Payments under sections 5327 to 5329 of this title shall be made on vouchers approved by the Committee on House Oversight of the House of Representatives and signed by the chairman of such committee.
Section was formerly classified to section 92b–3 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 3 of House Resolution 804, Ninety-sixth Congress,
1996—Pub. L. 104–186 substituted “House Oversight of the House of Representatives” for “House Administration”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
There is established for the House of Representatives a single allowance, to be known as the “Members’ Representational Allowance”, which shall be available to support the conduct of the official and representational duties of a Member or Member-elect of the House of Representatives with respect to the district from which the Member or Member-elect is elected.
The Clerk Hire Allowance, the Official Expenses Allowance, and the Official Mail Allowance, as in effect on the day before
As used in this section, the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress.
The Committee on House Oversight of the House of Representatives shall have authority to prescribe regulations to carry out this section, including regulations establishing under subsection (a) the official and representational duties during a Congress of a Member-elect of the House of Representatives who is not an incumbent Member re-elected to the ensuing Congress.
This section shall take effect on
Section was formerly classified to section 57b of this title prior to editorial reclassification and renumbering as this section.
2020—Subsec. (a). Pub. L. 116–260, § 117(a), substituted “a Member or Member-elect” for “a Member” and “the Member or Member-elect” for “the Member”.
Subsec. (d). Pub. L. 116–260, § 117(b), substituted “, including regulations establishing under subsection (a) the official and representational duties during a Congress of a Member-elect of the House of Representatives who is not an incumbent Member re-elected to the ensuing Congress.” for period at end.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Pub. L. 116–260, div. I, title I, § 117(c),
The applicable accounts of the House of Representatives is 1
Section was formerly classified to section 127a of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 substituted “applicable accounts” for “contingent fund” and “House Oversight” for “House Administration”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
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.
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.
With the approval of the majority leader (in the case of a Member or Member-elect of the majority party) or the minority leader (in the case of a Member or Member-elect of the minority party), subsections (a) and (b) shall apply with respect to the attendance of a Member or Member-elect at a program conducted by the Committee on House Administration for the orientation of new members 1
Section was formerly classified to section 43b–2 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 1 of House Resolution No. 10, Ninety-fourth Congress,
2004—Subsec. (b). Pub. L. 108–447, § 107(b)(2), substituted a period for “for a period not to exceed the shorter of the following—
“(i) the period beginning with the day before the designated date upon which such caucus or conference is to convene and ending with the day after the date of the final adjournment of such caucus or conference; or
“(ii) fourteen days.”
Subsec. (c). Pub. L. 108–447, § 107(c)(2), added subsec. (c).
Amendment by Pub. L. 108–447 applicable with respect to the One Hundred Tenth Congress and each succeeding Congress, see section 107(d) of Pub. L. 108–447, set out as a note under section 29a of this title.
Section was formerly classified to section 43b–3 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 2 of House Resolution No. 10, Ninety-fourth Congress,
1996—Pub. L. 104–186 substituted “House Oversight” for “House Administration” wherever appearing.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
The Clerk of the House of Representatives shall, at the request of a Member of the House of Representatives, furnish to the Member, for official use only, one set of a privately published annotated version of the United States Code, including supplements and pocket parts. The furnishing of a set of the United States Code under this section shall be in lieu of any distribution under section 212 of title 1 and shall be paid for from the Members’ Representational Allowance.
As used in this section, the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress.
The Committee on House Oversight of the House of Representatives shall have authority to prescribe regulations to carry out this section.
Section was formerly classified to section 54 of this title prior to editorial reclassification and renumbering as this section.
Section is comprised of section 107 of Pub. L. 104–186. Subsec. (d) of section 107 of Pub. L. 104–186 repealed former section 54 of this title.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Effective
The Chief Administrative Officer 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 Oversight shall have the authority to issue rules and regulations to carry out the provisions of this section.
Section was formerly classified to section 59d of this title prior to editorial reclassification and renumbering as this section.
In subsec. (a), “
Section is based on House Resolution No. 1297, Ninety-fifth Congress,
Sections 1 and 2 of House Resolution No. 1297 were redesignated subsecs. (a) and (b) of this section, respectively, for purposes of codification.
1996—Subsec. (a). Pub. L. 104–186, § 203(21)(A)–(C), substituted “applicable accounts” for “contingent fund” in first par. and “Chief Administrative Officer of the House of Representatives” for “Clerk of the House of Representatives” and “House Oversight” for “House Administration” in second par.
Subsec. (b)(1). Pub. L. 104–186, § 203(21)(D), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “the term ‘Member’ means a Representative, a Resident Commissioner in the House, and a Delegate to the House; and”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
In case of a vacancy, from whatever cause, in the office of Clerk, Sergeant at Arms, Chief Administrative Officer 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, Chief Administrative Officer 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, Chief Administrative Officer or Chaplain, as the case may be, or until the termination of the incapacity or inability of the incumbent.
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.
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.
Section was formerly classified to section 75a–1 of this title prior to editorial reclassification and renumbering as this section.
Amendment by Pub. L. 109–289 is based on section 103(b)(2) of title I of H.R. 5521, as passed by the House of Representatives on
2007—Subsec. (b). Pub. L. 109–289, § 20702(b), as added by Pub. L. 110–5, substituted “involved.” for “involved; but nothing in this section shall be held to amend, repeal, or otherwise affect section 75a of this title.”
1996—Subsec. (a). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Doorkeeper, Postmaster,” wherever appearing.
The duty of the personnel appointed to a position established under this section shall be to ensure the continuity of the operations of the House of Representatives during periods of emergency, in accordance with the direction of the head of the office in which the position is established.
The annual rate of pay provided for a position established under this section shall be determined by the head of the office in which the position is established.
Notwithstanding any other provision of law, the head of the office in which a position is established under this section shall have the exclusive authority to appoint personnel to such a position.
Section was formerly classified to section 75f of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 2002, which is title I of the Legislative Branch Appropriations Act, 2002.
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
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. § 643, which was incorporated in the former Judicial Code, § 33, and was repealed by act June 25, 1948, ch. 646, § 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. §§ 771, 989, which were also repealed by act
Section was formerly classified to section 118 of this title prior to editorial reclassification and renumbering as this section.
Act
Section 5503 of this title shall not apply to officers of the Senate.
Section was formerly classified to section 118a of this title prior to editorial reclassification and renumbering as this section.
Section effective
No payment may be made from the applicable accounts of the House of Representatives (as determined by the Committee on House Oversight of the House of Representatives), unless sanctioned by that Committee. Payments on vouchers approved in the manner directed by that Committee shall be deemed, held, and taken, and are declared to be conclusive upon all the departments and officers of the Government.
Section was formerly classified to section 95–1 of this title prior to editorial reclassification and renumbering as this section.
Section is comprised of section 105 of Pub. L. 104–186. Subsec. (c) of section 105 of Pub. L. 104–186 amended former section 95 of this title.
Provisions similar to those in this section were contained in former section 95 of this title prior to amendment of that section by Pub. L. 104–186, title I, § 105(c),
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Appropriations made for 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 Government Accountability Office shall apply the provisions of this section in the settlement of the accounts of expenditures from said appropriations incurred for services or materials.
Section was formerly classified to section 95a of this title prior to editorial reclassification and renumbering as this section. Section was also 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, § 1,
Section is based on provisions of proviso on 32 Stat. 26, act of Feb. 14, 1902, ch. 17, the Urgent Deficiency Appropriation Act for the fiscal year 1902, relating to appropriations for contingent expenses of House of Representatives. Provisions of proviso relating to appropriations for expenses of Senate are classified to section 6505 of this title.
1996—Pub. L. 104–186 substituted “expenses of the House” for “contingent expenses of the House”.
“Government Accountability Office” substituted in text for “General Accounting Office” pursuant to section 8 of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance, which redesignated the General Accounting Office and any references thereto as the Government Accountability Office. Previously, “General Accounting Office” substituted in text for “accounting officers of the Treasury” pursuant to act
Amounts appropriated for any fiscal year for the House of Representatives under the heading “
Amounts appropriated for any fiscal year for the House of Representatives under the heading “
Amounts appropriated for any fiscal year for the House of Representatives under the heading “Allowances and Expenses” may be transferred to the Architect of the Capitol and merged with and made available under the heading “House Office Buildings”, subject to the approval of the Committee on Appropriations of the House of Representatives.
Amounts appropriated for any fiscal year for the House of Representatives under any heading other than the heading “Members’ Representational Allowances” may be transferred to the Architect of the Capitol and merged with and made available under the heading “House Historic Buildings Revitalization Trust Fund”, subject to the approval of the Committee on Appropriations of the House of Representatives.
Amounts appropriated for any fiscal year for the House of Representatives under the heading “House Leadership Offices” may be transferred among and merged with the various offices and activities under such heading, effective upon the expiration of the 21-day period (or such alternative period that may be imposed by the Committee on Appropriations of the House of Representatives) which begins on the date such Committee has been notified of the transfer.
Section was formerly classified to section 95b of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1993, which is title I of the Legislative Branch Appropriations Act, 1993.
2022—Subsec. (c)(2). Pub. L. 117–103, which directed insertion of “ ‘Allowance for Compensation of Interns in House Appropriations Committee Offices’, ‘Allowance for Compensation of Interns in House Standing, Special and Select Committee Offices’,” after “ ‘Allowance for Compensation of Interns in Member Offices’,”, was executed by making the insertion after “ ‘Allowance for Compensation of Interns in Member Offices’ ” to reflect the probable intent of Congress.
2020—Subsec. (c)(2). Pub. L. 116–260 substituted “ ‘Allowance for Compensation of Interns in House Leadership Offices’, and ‘House of Representatives Modernization Initiatives Account’.” for “, and ‘Allowance for Compensation of Interns in House Leadership Offices’.”
2019—Subsec. (c)(2). Pub. L. 116–94, § 113(e), substituted “, ‘Allowance for Compensation of Interns in Member Offices’, and ‘Allowance for Compensation of Interns in House Leadership Offices’ ” for “, and ‘Allowance for Compensation of Interns in Member Offices’ ”.
Pub. L. 116–94, § 112(b), substituted “ ‘Office of the Attending Physician’, and ‘Allowance for Compensation of Interns in Member Offices’ ” for “and ‘Office of the Attending Physician’ ”.
2018—Subsec. (f). Pub. L. 115–244 added subsec. (f).
2014—Subsec. (c)(2). Pub. L. 113–76 substituted “ ‘Allowances and Expenses’, the heading for any joint committee under the heading ‘Joint Items’ (to the extent that amounts appropriated for the joint committee are disbursed by the Chief Administrative Officer of the House of Representatives), and ‘Office of the Attending Physician’ ” for “and ‘Allowances and Expenses’ ”.
2009—Subsecs. (a), (b), (c)(1). Pub. L. 111–8, § 105(a), substituted “transferred among and merged with” for “transferred among”.
Subsec. (c)(2). Pub. L. 111–8, § 105(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The headings referred to in paragraph (1) are ‘
Subsec. (d). Pub. L. 111–68, § 104(a), substituted “and merged with and made available” for “and made available”.
Pub. L. 111–8, § 103(a), added subsec. (d).
Subsec. (e). Pub. L. 111–68, § 1304(d), added subsec. (e).
2003—Subsecs. (a), (b), (c)(1). Pub. L. 108–7 substituted “effective upon the expiration of the 21-day period (or such alternative period that may be imposed by the Committee on Appropriations of the House of Representatives) which begins on the date such Committee has been notified of the transfer” for “upon approval of the Committee on Appropriations of the House of Representatives”.
Amendment by Pub. L. 116–260 applicable with respect to fiscal year 2021 and each succeeding fiscal year, see section 5513(e) of this title.
Amendment by section 112(b) of Pub. L. 116–94 effective as if included in the enactment of section 5322a of this title, see section 112(c) of Pub. L. 116–94, set out as a note under section 5322a of this title.
Amendment by section 113(e) of Pub. L. 116–94 applicable with respect to fiscal year 2020 and each succeeding fiscal year, see section 5106(f) of this title.
Pub. L. 115–244, div. B, title I, § 119(b),
Pub. L. 113–76, div. I, title I, § 103(b),
Pub. L. 111–68, div. A, title I, § 104(b),
Amendment by section 1304(d) of Pub. L. 111–68 applicable with respect to fiscal year 2010 and each succeeding fiscal year, see section 1870(e) of this title.
Pub. L. 111–8, div. G, title I, § 103(b),
Pub. L. 111–8, div. G, title I, § 105(c),
Pub. L. 108–7, div. H, title I, § 109(b),
Pub. L. 105–55, title I, § 102,
There is hereby established an account in the House of Representatives for purposes of making payments of the House of Representatives to the Employees’ Compensation Fund under section 8147 of title 5, and for reimbursing the Secretary of Labor for any amounts paid with respect to unemployment compensation payments for former employees of the House.
Notwithstanding any other provision of law, payments may be made from the account established under subsection (a) at any time after
The account established under subsection (a) shall be treated as a category of allowances and expenses for purposes of section 5507(a) of this title.
Section was formerly classified to section 95d of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1998, which is title I of the Legislative Branch Appropriations Act, 1998.
2014—Subsec. (a). Pub. L. 113–76 substituted “, and for reimbursing the Secretary of Labor for any amounts paid with respect to unemployment compensation payments for former employees of the House.” for period at end.
Pub. L. 113–76, div. I, title I, § 102(b),
Section was formerly classified to section 112f of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1999, which is title I of the Legislative Branch Appropriations Act, 1999.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
The assistance provided to the Speaker by the head of a department or establishment under this section may consist only of a type that the head of the department or establishment is authorized under law to provide to the department or establishment, another Executive department, military department, or independent establishment, or a private entity.
After initiating assistance under this section, the head of the department or establishment shall continue providing assistance until the Speaker (or Speaker’s designee) notifies the head of the department or establishment that the cybersecurity incident has terminated and that it is no longer necessary for the department or establishment to provide post-incident assistance.
Upon receiving notice from the Speaker under paragraph (1), the head of the department or establishment shall ensure that any technological support services or programs of the department or establishment are removed from the information systems of the House, and that personnel of the department or establishment are no longer monitoring such systems.
In providing assistance under this section, the head of the Executive department, military department, or independent establishment shall meet the requirements of section 113 of the Legislative Branch Appropriations Act, 2017 (Public Law 115–31).
Nothing in this section may be construed to affect the authority of an Executive department, military department, or independent establishment to provide any support, including cybersecurity support, to the House of Representatives under any other law, rule, or regulation.
In this section, each of the terms “Executive department”, “military department”, and “independent establishment” has the meaning given such term in chapter 1 of title 5.
Section 113 of the Legislative Branch Appropriations Act, 2017, referred to in subsec. (d), is section 113 of title I of div. I of Pub. L. 115–31,
Notwithstanding any other provision of law, upon completion of the second fiscal year which begins after the end of the period during which amounts appropriated under any of the items under the heading “House of Representatives, Salaries and Expenses” are available for obligation or expenditure, any such amounts which remain unobligated and unexpended shall be transferred to the heading “House of Representatives, Salaries and Expenses, Allowances and Expenses” and shall be available until expended for purposes of House of Representatives Business Continuity and Disaster Recovery.
Subsection (a) does not apply to amounts appropriated under the heading “House of Representatives, Salaries and Expenses, Members’ Representational Allowances”.
The Chief Administrative Officer of the House of Representatives shall notify the Committee on Appropriations of the House of Representatives prior to the obligation or expenditure of any amounts transferred under subsection (a).
This section shall apply with respect to amounts appropriated for fiscal year 2018 or any succeeding fiscal year.
There is hereby established in the Treasury of the United States an account for the House of Representatives to be known as the “House of Representatives Modernization Initiatives Account” (hereafter in this section referred to as the “Account”).
Funds in the Account shall be used by the House of Representatives to carry out initiatives to modernize the operations of the House, including initiatives to promote administrative efficiencies and expand the use of innovative technologies in offices of the House.
Funds in the Account are available without fiscal year limitation.
This section and the amendments made by this section shall apply with respect to fiscal year 2021 and each succeeding fiscal year.
Section is comprised of section 115 of div. I of Pub. L. 116–260. Subsec. (d) of section 115 amended section 5507 of this title.
There is established in the House of Representatives the Green and Gold Congressional Aide Program (hereafter in this section referred to as the “Program”) for veterans and Gold Star Families, under the direction of the Chief Administrative Officer of the House of Representatives, under which an eligible individual may serve a 2-year fellowship in the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or House Officer.
An individual may serve a fellowship under the Program at the Member’s office in the District of Columbia or the Member’s office in the congressional district the Member represents. Fellows assigned to House Officers may serve where assigned.
Any individual serving a fellowship under the Program in the office of a Member shall not be included in the determination of the number of employees employed by the Member under section 5321(a) of this title.
The Program shall be carried out in accordance with regulations promulgated by the Committee on House Administration.
There are authorized to be appropriated for fiscal year 2022 and each succeeding fiscal year such sums as may be necessary to carry out the Program.
This section shall apply with respect to fiscal year 2022 and each succeeding fiscal year.
The maximum per year gross rate of compensation of the Chaplain of the House of Representatives shall not exceed the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title.
Section is based on section 3 of House Resolution No. 661, Ninety-fifth Congress,
A prior section 5521, Pub. L. 95–391, title I, § 111,
Section effective on the later of the first day of the first applicable pay period beginning on or after
There are authorized to be appropriated from the applicable accounts of the House of Representatives $500,000 to carry out this section for each of the fiscal years 2003 through 2007.
Section was formerly classified to section 130j of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of the Consolidated Appropriations Resolution, 2003.
For fiscal year 1998 and each succeeding fiscal year, the Chief Administrative Officer of the House of Representatives is authorized to make advance payments under a contract or other agreement to provide a service or deliver an article for the United States Government without regard to the provisions of section 3324 of title 31.
An advance payment authorized by subsection (a) shall be made in accordance with regulations issued by the Committee on House Oversight of the House of Representatives.
The authority granted by subsection (a) shall not take effect until regulations are issued pursuant to subsection (b).
Section was formerly classified to section 95c of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1998, which is title I of the Legislative Branch Appropriations Act, 1998.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Amounts in the Fund shall be expended at the direction of the Chief Administrative Officer of the House of Representatives, upon notification provided by the Chief Administrative Officer to the Committee on Appropriations of the House of Representatives, and shall remain available until expended.
This section shall apply with respect to fiscal year 2004 and each succeeding fiscal year.
Section was formerly classified to section 95e of this title prior to editorial reclassification and renumbering as this section.
Section is from the Miscellaneous Appropriations and Offsets Act, 2004, which is division H of the Consolidated Appropriations Act, 2004.
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
Section was formerly classified to section 46b–1 of this title prior to editorial reclassification and renumbering as this section.
Stationery room of House of Representatives redesignated Office Supply Service.
Not later than 60 days after the last day of each semiannual period, the Chief Administrative Officer of the House of Representatives shall submit to the House of Representatives, with respect to that period, a detailed, itemized report of the disbursements for the operations of the House of Representatives.
Notwithstanding subsection (b), if a voucher is for payment to an individual for attendance as a witness before a committee of the Congress in executive session, the report for the semiannual period in which the appearance occurs shall show only the date of payment, voucher number, and amount paid. Any information excluded from a report under the preceding sentence shall be included in the report for the next period.
Each report under this section shall be printed as a House document.
This section shall apply to the semiannual periods of January 1 through June 30 and July 1 through December 31 of each year, beginning with the semiannual period in which this section is enacted.
Section 102 of this title, referred to in subsec. (e)(1), was repealed by Pub. L. 104–186, title II, § 204(52),
Sections 103 and 104 of this title, referred to in subsec. (e)(1), were omitted from the Code.
Section was formerly classified to section 104b of this title prior to editorial reclassification and renumbering as this section.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Provisions similar to those in this section are contained in section 4108 of this title, but were made inapplicable to the House of Representatives by subsec. (e) of this section.
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 Oversight, but subject to the limitations prescribed by this Act, the Chief Administrative Officer of the House of Representatives shall furnish 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 Oversight shall prescribe.
Office equipment furnished under this section shall be registered in the office of the Chief Administrative Officer of the House of Representatives and shall remain the property of the House of Representatives.
The cost of office equipment furnished under this section shall be paid from the applicable accounts of the House of Representatives.
The Committee on House Oversight shall prescribe such regulations as it considers necessary to carry out the purposes of this section.
This Act, referred to in subsec. (a), is Pub. L. 91–139,
Section was formerly classified to section 112e of this title prior to editorial reclassification and renumbering as this section.
1996—Subsec. (a). Pub. L. 104–186, § 204(59)(A)(i), (B)(i), substituted “House Oversight” for “House Administration” in two places and “Chief Administrative Officer of the House of Representatives shall furnish” for “Clerk of the House shall furnish electrical and mechanical”.
Subsec. (b). Pub. L. 104–186, § 204(59)(A)(ii), substituted “Chief Administrative Officer” for “Clerk”.
Subsec. (c). Pub. L. 104–186, § 204(59)(B)(ii), substituted “applicable accounts” for “contingent fund”.
Subsec. (d). Pub. L. 104–186, § 204(59)(B)(i), (iii), substituted “House Oversight” for “House Administration” and struck out at end “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.”
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Pub. L. 91–139, § 3,
There is hereby established in the Treasury of the United States a revolving fund for the House of Representatives to be known as the Net Expenses of Equipment Revolving Fund (hereafter in this section referred to as the “Revolving Fund”), consisting of funds deposited by the Chief Administrative Officer of the House of Representatives from amounts provided by offices of the House of Representatives to purchase, lease, obtain, and maintain the equipment located in such offices, and amounts provided by Members of the House of Representatives (including Delegates and Resident Commissioners to the Congress) to purchase, lease, obtain, and maintain furniture for their district offices.
Amounts in the Revolving Fund shall be used by the Chief Administrative Officer without fiscal year limitation to purchase, lease, obtain, and maintain equipment for offices of the House of Representatives and furniture for the district offices of Members of the House of Representatives (including Delegates and Resident Commissioners to the Congress).
The Revolving Fund shall be treated as a category of allowances and expenses for purposes of section 5507(a) of this title.
This section shall apply with respect to fiscal year 2003 and each succeeding fiscal year, except that for purposes of making deposits into the Revolving Fund under subsection (a), the Chief Administrative Officer may deposit amounts provided by offices of the House of Representatives during fiscal year 2002 or any succeeding fiscal year.
This section shall not apply with respect to any telecommunications equipment which is subject to coverage under section 5538 1
Section 5538 of this title, referred to in subsec. (e), was in the original “section 103 of the Legislative Branch Appropriations Act, 2005” and was translated as reading “section 102” of that Act, meaning section 102 of div. G of Pub. L. 108–447, to reflect the probable intent of Congress, because section 103 of div. G of Pub. L. 108–447 does not relate to the Net Expenses of Telecommunications Revolving Fund.
Section was formerly classified to section 112g of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of the Consolidated Appropriations Resolution, 2003.
2004—Subsec. (e). Pub. L. 108–447 added subsec. (e).
Amendment by Pub. L. 108–447 applicable with respect to fiscal year 2005 and each succeeding fiscal year, see section 5538(f) of this title.
There is hereby established in the Treasury of the United States a revolving fund for the House of Representatives to be known as the Net Expenses of Telecommunications Revolving Fund (hereafter in this section referred to as the “Revolving Fund”), consisting of funds deposited by the Chief Administrative Officer of the House of Representatives from amounts provided by legislative branch offices to purchase, lease, obtain, and maintain the data and voice telecommunications services and equipment located in such offices.
Amounts in the Revolving Fund shall be used by the Chief Administrative Officer without fiscal year limitation to purchase, lease, obtain, and maintain the data and voice telecommunications services and equipment of legislative branch offices.
The Revolving Fund shall be treated as a category of allowances and expenses for purposes of section 5507(a) of this title.
This section and the amendments made by this section shall apply with respect to fiscal year 2005 and each succeeding fiscal year, except that for purposes of making deposits into the Revolving Fund under subsection (a), the Chief Administrative Officer may deposit amounts provided by legislative branch offices during fiscal year 2004 or any succeeding fiscal year.
Section was formerly classified to section 112h of this title prior to editorial reclassification and renumbering as this section.
Section is comprised of section 102 of div. G of Pub. L. 108–447. Subsecs. (d) and (e) of section 102 of div. G of Pub. L. 108–447 amended sections 5539 and 5537 of this title, respectively.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
Effective
Receipts from the commissions and charges set forth in subsection (a) 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.
Section was formerly classified to section 117f of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 1989.
2004—Subsecs. (b), (c). Pub. L. 108–447 redesignated subsec. (c) as (b), substituted “subsection (a)” for “subsections (a) and (b)”, and struck out heading and text of former subsec. (b). Text read as follows: “The Chief Administrative Officer is authorized to receive for deposit, amounts charged to any legislative branch entity, including the Congressional Budget Office and the Architect of the Capitol, for the provision of telephone or telecommunications services, except that no amount charged to the Members’ Representational Allowance shall be deposited in accordance with this section.”
1996—Subsec. (a). Pub. L. 104–186, § 204(64)(A), substituted “Chief Administrative Officer” for “Clerk”.
Subsec. (b). Pub. L. 104–186, § 204(64)(B), substituted “Chief Administrative Officer” for “Clerk”, struck out “but not limited to Legislative Service Organizations,” after “entity, including”, and substituted “, except that no amount charged to the Members’ Representational Allowance” for “: Provided, That no amounts charged to the official expense allowances of Members of the House”.
Amendment by Pub. L. 108–447 applicable with respect to fiscal year 2005 and each succeeding fiscal year, see section 5538(f) of this title.
Section was formerly classified to section 117e of this title prior to editorial reclassification and renumbering as this section.
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
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
2015—Par. (3)(B)(ii). Pub. L. 114–95 substituted “given the terms elementary school and secondary school in section 7801” for “given such terms in section 7801”.
2002—Par. (3)(B)(ii). Pub. L. 107–110 substituted “7801” for “8801”.
2001—Par. (1). Pub. L. 107–68, in third sentence, substituted “for credit to the appropriate account of the House of Representatives, and shall be available for expenditure in accordance with applicable law. For purposes of the previous sentence, in the case of receipts from the sale or disposal of any audio or video transcripts prepared by the House Recording Studio, the ‘appropriate account of the House of Representatives’ shall be the account of the Chief Administrative Officer of the House of Representatives” for “for credit to the appropriate account under the appropriation for ‘
1997—Par. (2). Pub. L. 105–55, § 106(1), substituted “Except as provided in paragraph (3), a donation” for “A donation” in second sentence of introductory provisions.
Pars. (3) to (5). Pub. L. 105–55, § 106(2), (3), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.
1996—Pars. (1), (2). Pub. L. 104–186, § 204(63)(A), substituted “Chief Administrative Officer” for “Clerk”.
Pars. (3), (4)(B). Pub. L. 104–186, § 204(63)(B), substituted “House Oversight” for “House Administration”.
1989—Par. (1). Pub. L. 101–163, § 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, § 103(a)(3), added pars. (2) to (4).
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Amendment by Pub. L. 114–95 effective
Amendment by Pub. L. 107–110 effective
Pub. L. 107–68, title I, § 114(b),
Pub. L. 101–163, title I, § 103(c),
Pub. L. 100–71, title I,
Section 104(c) of title I of H.R. 5203 (see House Report 99–805 as filed in the House on
Provisions similar to those in par. (1) of this section relating to disposition of receipts from sales of copies of transcripts were contained in former section 84b of this title.
Effective with respect to fiscal years beginning with fiscal year 1995, in the case of mail from outside sources presented to the Chief Administrative Officer of the House of Representatives (other than mail through the Postal Service and mail with postage otherwise paid) for internal delivery in the House of Representatives, the Chief Administrative Officer is authorized to collect fees equal to the applicable postage. Amounts received by the Chief Administrative Officer as fees under the preceding sentence shall be deposited in the Treasury for credit to the account of the Office of the Chief Administrative Officer.
Section was formerly classified to section 117j of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1996, which is title I of the Legislative Branch Appropriations Act, 1996.
2007—Pub. L. 110–161 substituted “deposited in the Treasury for credit to the account of the Office of the Chief Administrative Officer” for “deposited in the Treasury as miscellaneous receipts”.
Pub. L. 110–161, div. H, title I, § 103(b),
Subject to the approval of the Committee on House Administration, the Chief Administrative Officer of the House of Representatives shall implement regulations under which the Chief Administrative Officer shall be authorized to handle any mail matter delivered by the United States Postal Service or any other carrier to the House of Representatives, or to any other entity with whom the Chief Administrative Officer has entered into an agreement to receive mail matter delivered to the entity, in such manner as the Chief Administrative Officer deems necessary to ensure the safety of any individuals who may come into contact with, or otherwise be exposed to, such mail matter.
No action taken under the regulations implemented pursuant to this section may serve as a basis for civil or criminal liability of any individual or entity.
As used in this section, the term “handle” includes but is not limited to collecting, isolating, testing, opening, disposing, and destroying.
This section shall apply with respect to fiscal year 2004 and each succeeding fiscal year.
Section was formerly classified to section 117j–1 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
Effective with respect to fiscal years beginning with fiscal year 1995, amounts received by the Chief Administrative Officer of the House of Representatives from the Administrator of General Services for rebates under the Government Travel Charge Card Program shall be deposited in the Treasury as miscellaneous receipts.
Section was formerly classified to section 117k of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1996, which is title I of the Legislative Branch Appropriations Act, 1996.
Effective with respect to fiscal year 2003 and each succeeding fiscal year, any amount received by House Information Resources from any office of the House of Representatives as reimbursement for services provided shall be deposited in the Treasury for credit to the account of the Office of the Chief Administrative Officer of the House of Representatives.
Section was formerly classified to section 117l of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of the Consolidated Appropriations Resolution, 2003.
Amounts in the Revolving Funds 2
The Revolving Fund shall be treated as a category of allowances and expenses for purposes of section 5507(a) of this title.
Each fund and account specified in paragraph (2) is hereby terminated, and the balance of each such fund and account is hereby transferred to the Revolving Fund.
This section shall take effect
Section 103(a), referred to in subsec. (a)(5), means section 103(a) of Pub. L. 108–447, div. G, title I,
Section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, referred to in subsec. (d)(2)(C), means section 208 of act Oct. 9, 1940, ch. 780, title II, 54 Stat. 1056, which was classified to section 174k of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 104–186, title II, § 221(3)(B),
Section was formerly classified to section 117m of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
2022—Subsec. (a)(8), (9). Pub. L. 117–328, § 115(a), added pars. (8) and (9).
Subsec. (b). Pub. L. 117–328, § 115(b), substituted “upon notification provided by the Chief Administrative Officer to” for “which is approved by”.
2018—Subsec. (a)(7). Pub. L. 115–141 added par. (7).
2009—Subsec. (a)(6). Pub. L. 111–8 added par. (6).
2007—Subsec. (b). Pub. L. 110–161 substituted “the Chief Administrative Officer, including purposes relating to energy and water conservation and environmental activities carried out in buildings, facilities, and grounds under the Chief Administrative Officer’s jurisdiction,” for “the Chief Administrative Officer”.
2005—Subsec. (a)(5). Pub. L. 109–13 added par. (5).
Pub. L. 117–328, div. I, title I, § 115(c),
Pub. L. 115–141, div. I, title I, § 118(b),
Pub. L. 111–8, div. G, title I, § 102(c),
Pub. L. 110–161, div. H, title I, § 104(b),
Pub. L. 109–13, div. A, title III, § 3401(c),
Pub. L. 111–248, § 1,
The Chief Administrative Officer of the House of Representatives may not enter into a memorandum of understanding described in subsection (a)(1) without the approval of the Speaker of the House of Representatives.
This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.
Section was formerly classified to section 130h of this title prior to editorial reclassification and renumbering as this section.
Section is from the Emergency Supplemental Act, 2002, which is div. B of the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002.
Section was formerly classified to section 130k of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of the Consolidated Appropriations Resolution, 2003.
Notwithstanding any other provision of law and subject to subsection (b), during an emergency situation, the Chief Administrative Officer of the House of Representatives may make payments under contracts with vendors providing goods and services to the House in amounts and under terms and conditions other than those provided under the contract in order to ensure that those goods and services remain available to the House throughout the duration of the emergency.
The Chief Administrative Officer may not make payments under the authority of subsection (a) without the approval of the Committee on House Administration of the House of Representatives.
The authority of the Chief Administrative Officer to make payments under the authority of subsection (a) is subject to the availability of appropriations to make such payments.
This section shall apply with respect to fiscal year 2020 and each succeeding fiscal year.
Section is from the Emergency Appropriations for Coronavirus Health Response and Agency Operations, which is div. B of the Coronavirus Aid, Relief, and Economic Security Act or the CARES Act.
For definition of “coronavirus”, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of this title.
There is established in the Office of the Chief Administrative Officer of the House of Representatives the House Intern Resource Office (hereinafter referred to as the “Office”).
The Office shall be headed by the House Intern Resource Coordinator (hereinafter referred to as the “Coordinator”), who shall be employed by the Chief Administrative Officer in consultation with the chair and ranking minority member of the Committee on House Administration.
In carrying out its duties, the Office shall consider inequities in access to internships in offices of the House of Representatives, and shall consider the viability of establishing an intern stipend program for interns from underrepresented backgrounds, including those who attend Historically Black Colleges and Universities (HBCUs), Tribal Colleges and Universities, Hispanic-Serving Institutions (HSIs), and other Minority Serving Institutions described in section 1067q(a) of title 20.
There are authorized to be appropriated for fiscal year 2023 and each succeeding fiscal year such sums as may be necessary to carry out this section.
This section shall apply with respect to fiscal year 2023 and each succeeding fiscal year.
No person shall be employed as a reporter for the House of Representatives without the approval of the Speaker.
Section was formerly classified to section 84a of this title prior to editorial reclassification and renumbering as this section.
R.S. § 54 derived from act Apr. 2, 1872, ch. 79, § 3, 17 Stat. 47.
Section was formerly classified to section 104c of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
The index to the daily calendar of business of the House of Representatives shall be printed only on Monday of each week.
Section was formerly classified to section 115 of this title prior to editorial reclassification and renumbering as this section.
The General Counsel of the House of Representatives and any other counsel in the Office of the General Counsel of the House of Representatives, including any counsel specially retained by the Office of General Counsel, shall be entitled, for the purpose of performing the counsel’s functions, to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof without compliance with any requirements for admission to practice before such court, except that the authorization conferred by this subsection shall not apply with respect to the admission of any such person to practice before the United States Supreme Court.
The Attorney General shall notify the General Counsel of the House of Representatives as required by section 530D of title 28.
The provisions of this section shall become effective beginning with
Section was formerly classified to section 130f of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 2000, which is title I of the Legislative Branch Appropriations Act, 2000.
2003—Subsec. (b). Pub. L. 108–7 amended Pub. L. 107–273. See 2002 Amendment note below.
2002—Pub. L. 107–273, as amended by Pub. L. 108–7, substituted “as required by section 530D of title 28” for “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 House to direct the General Counsel to intervene as a party in such proceeding pursuant to applicable rules of the House of Representatives”.
Pub. L. 108–7, div. H, title I, § 110(c),
Section was formerly classified to section 130–1 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 1 of House Resolution No. 1047, Ninety-fifth Congress,
2003—Subsec. (b). Pub. L. 108–83 substituted “$40,000” for “$80,000”.
1998—Subsec. (b). Pub. L. 105–275 substituted “$80,000” for “$55,000”.
1996—Subsec. (b). Pub. L. 104–186 substituted “applicable accounts of the House of Representatives” for “contingent fund of the House” and “House Oversight” for “House Administration”.
1994—Subsec. (b). Pub. L. 103–437 substituted “Committee on Foreign Affairs” for “Committee on International Relations”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
There is hereby established in the House of Representatives an office to be known as the “Office of Interparliamentary Affairs” (hereafter in this section referred to as the “Office”).
The Office shall be headed by the Director of Interparliamentary Affairs of the House of Representatives (hereafter in this section referred to as the “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.
The Director shall be paid at an annual rate determined by the Speaker.
With the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker, the Director may appoint and set the pay of such other employees as may be necessary to carry out 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 Director with the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker.
Any employee of the Office appointed under this subsection shall be paid at an annual rate determined by the Director with the approval of the Speaker or in accordance with policies approved by the Speaker.
There are authorized to be appropriated for fiscal year 2003 and each succeeding fiscal year such sums as may be necessary to carry out this section.
This section shall take effect on
Section was formerly classified to section 130–2 of this title prior to editorial reclassification and renumbering as this section.
Section is comprised of section 103 of Pub. L. 108–83. Subsec. (e) of section 103 of Pub. L. 108–83 amended section 5581 of this title.
Section is from the Legislative Branch Appropriations Act, 2004.
The responsibilities of positions under the House Press Gallery, the House Periodical Press Gallery, and the House Radio and Television Correspondents’ Gallery shall include providing media support services with respect to the presidential nominating conventions of the national committees of political parties.
The Standing Committee of Correspondents may enter into agreements with national committees of political parties under which the committees and persons authorized by the committees may reimburse employees for necessary expenses incurred in carrying out the responsibilities described in subsection (a) and employees may accept such reimbursement.
The terms and conditions under which employees exercise responsibilities under subsection (a), and the terms and conditions of any agreement entered into under subsection (b), shall be subject to the approval of the Chief Administrative Officer of the House of Representatives.
In this section, the terms “national committee” and “political party” have the meaning given such terms in section 30101 of title 52.
Section was formerly classified to section 130l of this title prior to editorial reclassification and renumbering as this section.
Section is from the Continuing Appropriations Resolution, 2007, which is div. B of Pub. L. 109–289, and is based on section 107 of title I of H.R. 5521, as passed by the House of Representatives on
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.
Section was formerly classified to section 77 of this title prior to editorial reclassification and renumbering as this section.
Provisions similar to those in this section were also contained in act Mar. 3, 1875, ch. 129, 18 Stat. 346.
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.
Section was formerly classified to section 83 of this title prior to editorial reclassification and renumbering as this section.
The symbol of his office shall be the mace, which shall be borne by him while enforcing order on the floor.
Section was formerly classified to section 79 of this title prior to editorial reclassification and renumbering as this section.
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.
Section was formerly classified to section 78 of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 struck out “, keep the accounts for the pay and mileage of Members and Delegates, and pay them as provided by law” after “directed to him by the Speaker”.
Effective
The Sergeant at Arms of the House of Representatives shall have the same law enforcement authority, including the authority to carry firearms, as a member of the Capitol Police. The law enforcement authority under the preceding sentence shall be subject to the requirement that the Sergeant at Arms have the qualifications specified in subsection (b).
The Committee on House Oversight of the House of Representatives shall have authority to prescribe regulations to carry out this section.
Section was formerly classified as a note under section 78 of this title prior to editorial reclassification and renumbering as this section.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Notwithstanding any other provision of law, the Sergeant at Arms of the House is authorized and directed on and after
Section was formerly classified to section 124 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriation Act, 1963.
Provisions similar to those in this section 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.
1996—Pub. L. 104–186 substituted “applicable accounts of the House of Representatives” for “contingent fund of the House” and “House Oversight” for “House Administration”.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Section was formerly classified to section 74d of this title prior to editorial reclassification and renumbering as this section.
Section is based on House Resolution No. 7, One Hundred Fifth Congress,
There shall be a lump sum allowance of $300,000 per fiscal year for the salaries and expenses of the Corrections Calendar Office, established by section 5621 of this title. Such amount shall be allocated between the majority party and the minority party as determined by the Speaker, in consultation with the minority leader.
Section was formerly classified to section 74d–1 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 1 of House Resolution No. 130, One Hundred Fifth Congress,
For transfer of lump sum allowance under this section to Offices of Speaker and Minority Leader, see section 5624 of this title.
Section was formerly classified to section 74d–2 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 2 of House Resolution No. 130, One Hundred Fifth Congress,
Section was formerly classified as a note under section 74d of this title prior to editorial reclassification and renumbering as this section.
Upon the written request of the Vice President, the Secretary of the Senate shall transfer from the appropriations account appropriated under the subheading “
The Vice President may incur such expenses as may be necessary or appropriate. Expenses incurred by the Vice President shall be paid from the amount transferred under paragraph (1) by the Vice President and upon vouchers approved by the Vice President.
The Secretary of the Senate may advance such sums as may be necessary to defray expenses incurred in carrying out paragraphs (1) and (2).
Upon the written request of the Secretary for the Majority or the Secretary for the Minority, the Secretary of the Senate shall transfer from the appropriations account appropriated under the subheading “
The Secretary for the Majority or the Secretary for the Minority may incur such expenses as may be necessary or appropriate. Expenses incurred by the Secretary for the Majority or the Secretary for the Minority shall be paid from the amount transferred under paragraph (1) by the Secretary for the Majority or the Secretary for the Minority and upon vouchers approved by the Secretary for the Majority or the Secretary for the Minority, as applicable.
The Secretary of the Senate may advance such sums as may be necessary to defray expenses incurred in carrying out paragraphs (1) and (2).
This section shall apply to fiscal year 2005 and each fiscal year thereafter.
Section was formerly classified to section 31a–2d of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
Effective fiscal year 1978 and each fiscal year thereafter, the expense allowances of the Majority and Minority Leaders of the Senate are increased to $40,000 each fiscal year for each leader: Provided, That, effective with the fiscal year 1983 and each fiscal year thereafter, the expense allowance of the Majority and Minority Whips of the Senate shall not exceed $10,000 each fiscal year for each Whip: Provided further, That, during the period beginning on
Section was formerly classified to section 31a–1 of this title prior to editorial reclassification and renumbering as this section.
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.
2004—Pub. L. 108–447 substituted “$40,000” for “$20,000”.
2003—Pub. L. 108–7 substituted “$20,000” for “$10,000” and “not exceed $10,000” for “not exceed $5,000”.
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.
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
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.
Pub. L. 108–447, div. G, title I, § 13(c),
Pub. L. 108–7, div. H, title I, § 1(f),
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.
Section was formerly classified to section 32 of this title prior to editorial reclassification and renumbering as this section.
R.S. § 36 derived from act Aug. 16, 1856, ch. 123, § 2, 11 Stat. 48.
Compensation of Vice President, see section 104 of Title 3, The President.
Effective
Section was formerly classified to section 32a of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1977.
Effective
Section was formerly classified to section 61k of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1979.
Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 4571 of this title.
Effective
Section was formerly classified to section 61l of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1977.
Increases in compensation for officers and employees of the Senate under authority of the Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of the President pro tempore of the Senate, set out as notes under section 4571 of this title.
Effective with fiscal year 1978 and each fiscal year thereafter, there is hereby authorized an expense allowance for the President Pro Tempore which shall not exceed $40,000 each fiscal year. The President Pro Tempore may receive the expense allowance (1) as reimbursement for actual expenses incurred upon certification and documentation of such expenses by the President Pro Tempore, or (2) in equal monthly payments. Such amounts paid to the President Pro Tempore as reimbursement of actual expenses incurred upon certification and documentation pursuant to this provision, shall not be reported as income, and the expenses so reimbursed shall not be allowed as a deduction, under title 26.
Section was formerly classified to section 32b of this title prior to editorial reclassification and renumbering as this section.
2004—Pub. L. 108–447 substituted “$40,000” for “$20,000”.
2003—Pub. L. 108–7 substituted “$20,000” for “$10,000”.
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.
Amendment by Pub. L. 108–447 applicable to fiscal year 2005 and each fiscal year thereafter, see section 13(c) of Pub. L. 108–447, set out as a note under section 6102 of this title.
Amendment by Pub. L. 108–7 applicable to fiscal year 2003 and each fiscal year thereafter, see section 1(f) of Pub. L. 108–7, set out as a note under section 6102 of this title.
Pub. L. 108–7, div. H, title I, § 7,
The Secretary of the Senate is authorized and directed to procure and furnish each fiscal year (commencing with the fiscal year ending
Section was formerly classified to section 42a of this title prior to editorial reclassification and renumbering as this section.
Effective
Section was formerly classified to section 46a of this title prior to editorial reclassification and renumbering as this section.
Section is from Legislative Branch Appropriation Act, 1942, and subsequent Legislative Branch Appropriation Acts.
2003—Pub. L. 108–7 substituted “$8,000” for “$4,500”.
1975—Pub. L. 94–32 substituted “Effective
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 6314 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
1953—Act
1951—Act
1948—Act
1945—Act
Pub. L. 108–7, div. H, title I, § 2(b),
Pub. L. 92–607, ch. V, § 506(k), formerly § 506(h),
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.
Commencing
Section was formerly classified to section 46d–1 of this title prior to editorial reclassification and renumbering as this section.
Effective
Section was formerly classified to section 61h–4 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1977.
Pub. L. 116–94, div. P, title XVII, § 1701,
Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 4571 of this title.
Effective
Section was formerly classified to section 61h–5 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984.
Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 4571 of this title.
Section was formerly classified to section 61h–7 of this title prior to editorial reclassification and renumbering as this section.
Section is based on Senate Resolution No. 89, One Hundredth Congress,
2019—Subsec. (a). Pub. L. 116–94 substituted “by the appropriate Leader.” for “by the appropriate Leader not to exceed the maximum annual rate of gross compensation of the Assistant Secretary of the Senate.”
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Pub. L. 101–163, title I, § 9,
Effective
Section was formerly classified to section 61j–2 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1977.
Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 4571 of this title.
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.
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.
There are authorized to be appropriated for each fiscal year (commencing with the fiscal year ending
Section was formerly classified to section 31a–2 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1985.
Section was formerly classified to section 31a–2a of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1987.
Upon the written request of the Majority or Minority Leader of the Senate, the Secretary of the Senate shall transfer during any fiscal year, from the appropriations account appropriated under the headings “Salaries, Officers and Employees” and “Offices of the Majority and Minority Leaders”, such amount as either Leader shall specify to the appropriations account, within the contingent fund of the Senate, “Miscellaneous Items”.
The Majority and Minority Leaders of the Senate are each authorized to incur such expenses as may be necessary or appropriate. Expenses incurred by either such leader shall be paid from the amount transferred pursuant to subsection (a) by such leader and upon vouchers approved by such leader.
The Secretary of the Senate is authorized to advance such sums as may be necessary to defray expenses incurred in carrying out subsections (a) and (b).
Section was formerly classified to section 31a–2b of this title prior to editorial reclassification and renumbering as this section.
Section is from the Dire Emergency Supplemental Appropriations for Consequences of Operation Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation Administration, Veterans Compensation and Pensions, and Other Urgent Needs Act of 1991.
Upon the written request of the Majority or Minority Whip of the Senate, the Secretary of the Senate shall transfer during any fiscal year, from the appropriations account appropriated under the headings “
The Majority and Minority Whips of the Senate are each authorized to incur such expenses as may be necessary or appropriate. Expenses incurred by either such whip shall be paid from the amount transferred pursuant to subsection (a) by such whip and upon vouchers approved by such whip.
The Secretary of the Senate is authorized to advance such sums as may be necessary to defray expenses incurred in carrying out subsections (a) and (b).
Section was formerly classified to section 31a–2c of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1998, which is title I of the Legislative Branch Appropriations Act, 1998.
The Secretary for the Majority of the Senate (other than the incumbent holding office on
Section was formerly classified to section 61g of this title prior to editorial reclassification and renumbering as this section.
2019—Pub. L. 116–94 repealed Pub. L. 94–59, § 105. See 1975 Amendment note below.
1977—Pub. L. 95–26 substituted “
1975—Pub. L. 94–59, which 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
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Pub. L. 94–59, title I, § 105,
Section effective
Pub. L. 95–26, title I, § 102(b),
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 273 of this title.
Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 4571 of this title.
Rates of gross compensation of Secretaries for Senate Majority and Minority, see section 202(f), (g) of Pub. L. 88–426, title II,
Effective
Section was formerly classified to section 61g–5 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriation Act, 1978, which is title I of the Legislative Branch Appropriation Act, 1978.
Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 4571 of this title.
The Chairman of a committee or the Chaplain of the Senate, as the case may be, transferring funds under this section shall notify the Committee on Appropriations of the Senate of the transfer.
Section was formerly classified to section 61g–6a of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991.
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 101–163, title I, § 1,
Pub. L. 100–458, title I, § 1,
Pub. L. 100–202, § 101(i) [title I, § 7],
2015—Subsec. (c). Pub. L. 114–113, § 2(2), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 114–113, § 2(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 114–113, § 2(3)(A), inserted “or the Office of the Chaplain of the Senate, as the case may be,” after “such committee” in two places.
Subsec. (d)(2). Pub. L. 114–113, § 2(3)(B), inserted “or the Chaplain of the Senate, as the case may be,” after “the Chairman”.
Subsec. (e). Pub. L. 114–113, § 2(1), (4), redesignated subsec. (d) as (e) and inserted “or the Chaplain of the Senate, as the case may be,” after “The Chairman of a committee”.
1995—Pub. L. 104–53 amended section generally. Prior to amendment, section read as follows: “The Chairman of the Majority or Minority Conference Committee of the Senate may, during any fiscal year (commencing with the fiscal year ending
1991—Pub. L. 102–90 substituted “$275,000” for “$75,000”.
Pub. L. 104–53, title I, § 7(b),
Pub. L. 102–90, title I, § 1(b),
Upon the written request of the Secretary of the Conference of the Majority or the Secretary of the Conference of the Minority, the Secretary of the Senate shall transfer from the appropriations account appropriated under the subheading “
The Secretary of the Conference of the Majority or the Secretary of the Conference of the Minority may incur such expenses as may be necessary or appropriate. Expenses incurred by the Secretary of the Conference of the Majority or the Secretary of the Conference of the Minority shall be paid from the amount transferred under subsection (a) by the Secretary of the Conference of the Majority or the Secretary of the Conference of the Minority and upon vouchers approved by the Secretary of the Conference of the Majority or the Secretary of the Conference of the Minority, as applicable.
The Secretary of the Senate may advance such sums as may be necessary to defray expenses incurred in carrying out subsections (a) and (b).
This section shall apply to fiscal year 2008 and each fiscal year thereafter.
Section was formerly classified to section 61g–6b of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
Pub. L. 116–260, div. I, title I, § 104,
[Pub. L. 117–328, div. I, title I, § 103(b),
For each fiscal year (beginning with the fiscal year which ends
Section was formerly classified to section 61g–6 of this title prior to editorial reclassification and renumbering as this section.
The 1982 amendment by Pub. L. 97–276 is based on section 105 of S. 2939, Ninety-seventh Congress, 2d Session, as reported
2003—Pub. L. 108–83 substituted “such amount as necessary” for “an amount, not in excess of $100,000,” in first sentence.
2001—Pub. L. 107–68 substituted “$100,000” for “$75,000”.
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.
Pub. L. 108–83, title I, § 2(b),
Pub. L. 107–68, title I, § 105(b),
Pub. L. 101–520, title I,
Pub. L. 101–163, title I,
Section 105 of S. 2939, Ninety-seventh Congress, 2d Session, as reported
Effective
Section was formerly classified to section 61g–4 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1979.
Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 4571 of this title.
Funds authorized to be expended under section 6155 of this title may be used by the Majority or Minority Conference Committee of the Senate, with the approval of the Committee on Rules and Administration, to procure the temporary services (not in excess of one year) or intermittent services of individual consultants, or organizations thereof, to make studies or advise the committee with respect to any matter within its jurisdiction or with respect to the administration of the affairs of the committee.
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 6101 of title 41 or any other provision of law requiring advertising.
Any such consultant or organization shall be selected for the Majority or Minority Conference Committee of the Senate by the chairman thereof.
Section was formerly classified to section 61g–7 of this title prior to editorial reclassification and renumbering as this section.
In subsec. (b), “section 6101 of title 41” substituted for “section 5 of title 41” on authority of Pub. L. 111–350, § 6(c),
Section is from the Supplemental Appropriations Act, 1985.
1996—Subsec. (a). Pub. L. 104–197 inserted “or with respect to the administration of the affairs of the committee” before period at end.
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
Section was formerly classified to section 61g–8 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991.
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 prior appropriation acts:
Pub. L. 101–163, title I, § 2,
Pub. L. 100–458, title I, § 2,
Pub. L. 100–202, § 101(i) [title I],
For each fiscal year (commencing with the fiscal year ending
Section was formerly classified to section 31a–3 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1985.
2003—Pub. L. 108–7 substituted “not exceed $5,000” for “not exceed $3,000”.
Amendment by Pub. L. 108–7 applicable to fiscal year 2003 and each fiscal year thereafter, see section 1(f) of Pub. L. 108–7, set out as a note under section 6102 of this title.
For each fiscal year (commencing with the fiscal year ending
Section was formerly classified to section 31a–4 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 2001, which is title I of the Legislative Branch Appropriations Act, 2001.
2003—Pub. L. 108–7 substituted “$5,000” for “$3,000”.
Amendment by Pub. L. 108–7 applicable to fiscal year 2003 and each fiscal year thereafter, see section 1(f) of Pub. L. 108–7, set out as a note under section 6102 of this title.
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.
Section was formerly classified to section 33 of this title prior to editorial reclassification and renumbering as this section.
1981—Pub. L. 97–51 struck out “monthly” after “may receive their compensation”.
Pub. L. 97–51, § 112(e),
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.
Section was formerly classified to section 36 of this title prior to editorial reclassification and renumbering as this section.
Prior similar provisions were contained in act July 31, 1894, ch. 174, 28 Stat. 162.
R.S. § 51.
1935—Act
1934—Act
1931—Act
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.”
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.
Each Senator-elect and each employee appointed under subsection (a) 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 6314(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.
This section shall take effect on
Section was formerly classified to section 43d of this title prior to editorial reclassification and renumbering as this section.
1996—Subsec. (d)(1). Pub. L. 104–197 substituted “, telephone services, and stationery” for “and telephone services”.
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 6313(2) of this title.
A Senator entitled to receive his own salary may appoint the usual clerical assistants allowed Senators.
Section was formerly classified to section 67 of this title prior to editorial reclassification and renumbering as this section.
1934—Act
This section, referred to in pars. (1) and (2), means section 1 of Pub. L. 100–137,
Section was formerly classified to section 58c of this title prior to editorial reclassification and renumbering as this section.
1997—Par. (6). Pub. L. 105–55 added par. (6).
Pub. L. 105–55, title I, § 3(d),
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 30101(b) 1
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.
For purposes of subsections (a) and (e), 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), “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).
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.
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.
Section was formerly classified to section 58 of this title prior to editorial reclassification and renumbering as this section.
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, § 108(a),
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
1999—Subsec. (b)(3)(A)(iii). Pub. L. 106–57, § 1[(a)], amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “subject to subparagraph (B), in case the Senator represents Alabama, $183,565, Alaska, $252,505, Arizona, $197,409, Arkansas, $168,535, California, $470,272, Colorado, $187,366, Connecticut, $161,691, Delaware, $127,384, Florida, $302,307, Georgia, $211,784, Hawaii, $279,648, Idaho, $163,841, Illinois, $267,000, Indiana, $195,391, Iowa, $171,340, Kansas, $168,912, Kentucky, $176,975, Louisiana, $186,714, Maine, $148,205, Maryland, $172,455, Massachusetts, $196,819, Michigan, $235,846, Minnesota, $187,742, Mississippi, $168,587, Missouri, $198,365, Montana, $161,857, Nebraska, $160,550, Nevada, $171,208, New Hampshire, $142,497, New Jersey, $207,754, New Mexico, $166,721, New York, $328,586, North Carolina, $212,711, North Dakota, $150,225, Ohio, $262,252, Oklahoma, $181,913, Oregon, $189,258, Pennsylvania, $267,240, Rhode Island, $138,637, South Carolina, $171,731, South Dakota, $151,838, Tennessee, $192,508, Texas, $353,911, Utah, $168,959, Vermont, $136,315, Virginia, $193,935, Washington, $213,887, West Virginia, $149,135, Wisconsin, $191,314, Wyoming, $153,016, plus”.
Subsec. (b)(3)(B). Pub. L. 106–57, § 1(b), substituted “the amount referred to in subparagraph (A)(iii)(I)” for “that part of the amount referred to in subparagraph (A)(iii) that is not specifically allocated for official mail expenses” and “the amount referred to in subparagraph (A)(iii)(II)” for “the part of the amount referred to in subparagraph (A)(iii) that is allocated for official mail expenses”.
1998—Subsec. (b)(3)(A)(iii). Pub. L. 105–275, § 1(a), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “subject to subparagraph (B), in case the Senator represents Alabama, $182,567, Alaska, $251,901, Arizona, $197,079, Arkansas, $168,282, California, $468,724, Colorado, $186,350, Connecticut, $160,903, Delaware, $127,198, Florida, $299,746, Georgia, $210,214, Hawaii, $279,512, Idaho, $163,335, Illinois, $266,248, Indiana, $194,770, Iowa, $170,565, Kansas, $168,177, Kentucky, $177,338, Louisiana, $185,647, Maine, $147,746, Maryland, $173,020, Massachusetts, $195,799, Michigan, $236,459, Minnesota, $187,702, Mississippi, $168,103, Missouri, $197,941, Montana, $161,725, Nebraska, $160,361, Nevada, $171,096, New Hampshire, $142,394, New Jersey, $206,260, New Mexico, $166,140, New York, $327,955, North Carolina, $210,946, North Dakota, $149,824, Ohio, $259,452, Oklahoma, $181,761, Oregon, $189,345, Pennsylvania, $266,148, Rhode Island, $138,582, South Carolina, $170,451, South Dakota, $151,450, Tennessee, $191,954, Texas, $348,681, Utah, $168,632, Vermont, $135,925, Virginia, $193,467, Washington, $214,694, West Virginia, $147,772, Wisconsin, $191,569, Wyoming, $152,438, plus”.
Subsec. (b)(3)(B). Pub. L. 105–275, § 1(b), substituted “that part of the amount referred to in subparagraph (A)(iii) that is not specifically allocated for official mail expenses” for “the amount referred to in subparagraph (A)(iii)” and inserted before period at end “; and the part of the amount referred to in subparagraph (A)(iii) that is allocated for official mail expenses shall be recalculated in accordance with regulations of the Committee on Rules and Administration”.
1997—Subsec. (b)(3)(A)(iii). Pub. L. 105–55 amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “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”.
1991—Subsec. (a). Pub. L. 102–90, § 7(a)(1), (3)–(5), substituted “payment (including reimbursement)” for “payment” in introductory provisions, substituted “Payment” for “Reimbursement to a Senator and his employees” and “paid or reimbursed” for “reimbursed” in second sentence, and substituted “payment” for “reimbursement” in last sentence.
Subsec. (a)(3) to (5), (7) to (9). Pub. L. 102–90, § 7(a)(2), struck out “reimbursement to each Senator for” at beginning of pars. (3), (4), and (7) to (9) and in par. (5) direction to strike such language was executed by striking out “reimbursements to each Senator for” to reflect the probable intent of Congress.
1990—Subsec. (a)(2). Pub. L. 101–520, § 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, § 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, § 311(h)(2), as subpar. (A). See 1990 and 1989 Amendment notes below.
Pub. L. 101–520, § 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, § 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, § 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, § 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, §§ 8(a), 14(a), made identical amendments, striking out “, but only (A) in the case of expenses for the period commencing
1987—Subsec. (a). Pub. L. 100–137, § 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, § 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, § 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, § 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, § 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 “reimbursement 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 103(1), substituted “travel expenses incurred by employees” for “actual transportation expenses incurred by employees”.
Subsec. (e). Pub. L. 94–59, § 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
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.
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.
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.
1973—Subsec. (a)(7). Pub. L. 93–145 inserted “newspapers,” after “subscriptions to”.
Pub. L. 106–57, title I, § 1[(a)],
Pub. L. 106–57, title I, § 1(c),
Pub. L. 105–275, title I, § 1(a),
Pub. L. 105–55, title I, § 3(a),
Pub. L. 102–90, title I, § 7(c),
Pub. L. 101–520, title I, § 4(d),
Pub. L. 101–520, title I, § 8,
Pub. L. 101–520, title I, § 9(b),
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 503(i) of this title.
Pub. L. 100–458, title I, §§ 8(b), 14(b),
Pub. L. 100–137, § 1(b)(1)–(5),
Pub. L. 99–65, § 2,
Pub. L. 98–181, title I, § 1204(b),
Section 103(b) of S. 2939, as reported
Section 106(b) of S. 2939, as reported
Pub. L. 97–257, title I, § 104(b),
Pub. L. 97–51, § 122,
Pub. L. 96–304, title I, § 101,
Pub. L. 96–304, title I, § 103,
Pub. L. 96–304, title I, § 104,
Pub. L. 95–391, title I, § 108(b),
Pub. L. 95–240, title II, § 208,
Pub. L. 95–94, title I, § 112(f),
Amendment by Pub. L. 93–371 effective on and after
Pub. L. 93–145, § 101,
Reference to the Office of the Secretary of the majority or minority conference of the Senate, as applicable, that represents the Democratic party deemed to be a reference to the Office of the Assistant Leader of the applicable conference, under certain conditions during the 117th Congress, see section 104 of div. I of Pub. L. 116–260, set out as a note under section 6154 of this title.
For provisions increasing each of the figures contained in subsec. (b)(3)(A)(iii) of this section by $50,000 effective
Pub. L. 103–69, title I, § 2,
Pub. L. 101–163, title I, § 5(b),
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.
Section was formerly classified to section 58a of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1984.
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)”.
Amendment by Pub. L. 99–65 effective on first day of first calendar month beginning more than 60 days after
Pub. L. 104–53, title I, § 5,
[Pub. L. 107–68, title I, § 104(b),
[Pub. L. 104–197, title I, § 4(b),
Section was formerly classified to section 55 of this title prior to editorial reclassification and renumbering as this section.
1972—Pub. L. 92–607 substituted “United States Code Service” for “Federal Code Annotated” in two places.
“UNITED STATES GOVERNMENT VEHICLE
“FOR OFFICIAL USE ONLY”;
“MOBILE OFFICE OF SENATOR _____
“FOR OFFICIAL USE ONLY”.
This section is effective on and after
Section was formerly classified to section 59 of this title prior to editorial reclassification and renumbering as this section.
Section is comprised of section 3 of Pub. L. 93–371. Subsec. (e) of section 3 of Pub. L. 93–371 amended section 6314 of this title.
2024—Subsec. (b). Pub. L. 118–36, § 1(1), and Pub. L. 118–47, § 104(1), amended subsec. (b) identically, designating existing provisions as par. (1), substituting “Subject to paragraph (2), the aggregate” for “The aggregate” in introductory provisions, redesignating former pars. (1) to (12) as subpars. (A) to (L), respectively, of par. (1), and adding par. (2).
Subsec. (c)(1). Pub. L. 118–36, § 1(2), and Pub. L. 118–47, § 104(2), amended par. (1) identically, designating existing provisions as subpar. (A), substituting “Subject to subparagraph (B), the maximum” for “The maximum”, and adding subpar. (B).
2003—Subsec. (f)(3). Pub. L. 108–7 inserted concluding provisions.
1999—Subsec. (b)(1). Pub. L. 106–57, § 3(1)(A), added par. (1) and struck out former par. (1) which read as follows: “4,800 square feet if the population of his State is less than 2,000,000;”.
Subsec. (b)(2). Pub. L. 106–57, § 3(1)(A), (C), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “5,000 square feet if such population is 2,000,000 but less than 3,000,000;”.
Subsec. (b)(3) to (12). Pub. L. 106–57, § 3(1)(C), redesignated pars. (4) to (13) as (3) to (12), respectively. Former par. (3) redesignated (2).
Subsec. (b)(13). Pub. L. 106–57, § 3(1)(C), redesignated par. (13) as (12).
Pub. L. 106–57, § 3(1)(B), substituted “8,200” for “8,000”.
Subsec. (c)(2). Pub. L. 106–57, § 3(2), substituted “$40,000” for “$30,000”, “5,000 square feet” for “4,800 square feet”, and “$1,000” for “$734” and inserted at end “Effective beginning with the 106th Congress, the aggregate amount in effect under this paragraph for any Congress shall be increased by the inflation adjustment factor for the calendar year in which the Congress begins. For purposes of the preceding sentence, the inflation adjustment factor for any calendar year is a fraction the numerator of which is the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce for the preceding calendar year and the denominator of which is such deflator for the calendar year 1998.”
1996—Subsec. (f)(1). Pub. L. 104–197 substituted “3 years” for “one year” in second sentence.
1991—Subsec. (f)(1). Pub. L. 102–90, § 7(b)(1), substituted “the contingent fund of the Senate is available for the rental payments (including by way of reimbursement)” for “shall be reimbursed from the contingent fund of the Senate for the rental payments”.
Subsec. (f)(2). Pub. L. 102–90, § 7(b)(2), substituted “paid” for “reimbursed”.
Subsec. (f)(3). Pub. L. 102–90, § 7(b)(3), substituted “payment” for “reimbursement”.
Subsec. (f)(3)(B). Pub. L. 102–27 added subpar. (B) and struck out former subpar. (B) which read as follows: “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’.”
Subsec. (f)(4). Pub. L. 102–90, § 7(b)(4), substituted “payment” for “reimbursement”.
Subsec. (f)(5). Pub. L. 102–90, § 7(b)(5), substituted “Payment” for “Reimbursement”.
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, § 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, § 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, § 107, designated existing provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 94–59, § 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).
Pub. L. 108–7, div. H, title I, § 4(b),
Amendment by Pub. L. 102–90 effective
Pub. L. 96–304, title I, § 109,
Amendment by Pub. L. 95–94 effective
Pub. L. 94–59, title I, § 106(b),
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a), is Pub. L. 93–288,
Section was formerly classified to section 59–1 of this title prior to editorial reclassification and renumbering as this section.
Upon request of a Senator, amounts in the appropriation account “Miscellaneous Items” within the contingent fund of the Senate shall be available to pay the reasonable expenses of sending or transporting the official records and papers of the Senator from the District of Columbia to any location designated by such Senator in the State represented by the Senator.
The Sergeant at Arms and Doorkeeper of the Senate shall provide for the most economical means of sending or transporting the official records and papers under this section while ensuring the orderly and timely delivery of the records and papers to the location specified by the Senator.
The Committee on Rules and Administration shall have the authority to issue rules and regulations to carry out the provisions of this section.
In this section, the term “official records and papers” means books, records, papers, and official files which could be sent as franked mail.
This section shall apply with respect to fiscal year 2005 and each succeeding fiscal year.
Section was formerly classified to section 59d–1 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
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.
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.
Section was formerly classified to section 59b of this title prior to editorial reclassification and renumbering as this section.
The Majority Leader and the Minority Leader, are each authorized to appoint and fix the compensation of not more than 12 individual consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate. The President pro tempore of the Senate is authorized to appoint and fix the compensation of not more than three individual consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of that specified in the first sentence of this subsection. The President pro tempore emeritus of the Senate is authorized to appoint and fix the compensation of one individual consultant, on a temporary or intermittent basis, at a daily rate of compensation not in excess of that specified in the first sentence of this subsection. The Secretary of the Senate is authorized to appoint and fix the compensation of not more than two individual consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate. The Legislative Counsel of the Senate (subject to the approval of the President pro tempore) is authorized to appoint and fix the compensation of not more than two consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of that specified in the first sentence of this section. The provisions of sections 8344 and 8468 of title 5 shall not apply to any individual serving in a position under this authority. Expenditures under this authority shall be paid from the contingent fund of the Senate upon vouchers approved by the President pro tempore, President pro tempore emeritus, Majority Leader, Minority Leader, Secretary of the Senate, or Legislative Counsel of the Senate, as the case may be.
Any or all appointments under this section may be at an annual rate of compensation rather than at a daily rate of compensation, but such annual rate shall not be in excess of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate.
Each appointing authority under subsection (a) may designate the title of the position of any individual appointed under that subsection.
Section was formerly classified to section 61h–6 of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
Section is from the Supplemental Appropriations Act, 1977.
2024—Subsec. (a). Pub. L. 118–47 substituted “12 individual consultants” for “nine individual consultants”.
2009—Subsec. (a). Pub. L. 111–8 substituted “nine individual consultants” for “eight individual consultants” in first sentence and “three individual consultants” for “two individual consultants” in second sentence.
2003—Subsec. (a). Pub. L. 108–7, § 6(a)(1), substituted “eight individual consultants” for “six individual consultants” in first sentence.
Subsec. (C). Pub. L. 108–7, § 6(a)(2), added subsec. (C).
2001—Subsec. (a). Pub. L. 107–68 substituted “six individual consultants” for “four individual consultants” in first sentence and “not more than two individual consultants” for “one consultant” in second sentence.
Pub. L. 107–20 inserted “The President pro tempore emeritus of the Senate is authorized to appoint and fix the compensation of one individual consultant, on a temporary or intermittent basis, at a daily rate of compensation not in excess of that specified in the first sentence of this subsection.” after second sentence and “President pro tempore emeritus,” after “President pro tempore,” in last sentence.
1998—Subsec. (a). Pub. L. 105–275, § 4(a), inserted after first sentence “The President pro tempore of the Senate is authorized to appoint and fix the compensation of one consultant, on a temporary or intermittent basis, at a daily rate of compensation not in excess of that specified in the first sentence of this subsection.” and in penultimate sentence substituted “sections 8344 and 8468” for “section 8344”.
Subsec. (b). Pub. L. 105–275, § 4(b), substituted “Any or all appointments under this section may be” for “The Majority Leader, and the Minority Leader, in appointing individuals to consultant positions under authority of this section, may appoint one such individual to such position”.
1995—Pub. L. 104–2, which directed the general amendment of section 61h–6 of title 2, was executed by amending section 101 of Pub. L. 95–26, which is classified to section 61h–6 of title 2, to reflect the probable intent of Congress, in subsec. (a) striking out provisions regarding appointment of two consultants at daily rate of compensation by President pro tempore of Senate and increasing number of appointments by Majority Leader of Senate from two to four consultants at daily rate of compensation, and in subsec. (b) striking out provisions regarding appointment of one consultant at an annual rate of compensation by President pro tempore of Senate.
1991—Subsec. (a). Pub. L. 102–90 which directed the insertion of “The Legislative Counsel of the Senate (subject to the approval of the President pro tempore) is authorized to appoint and fix the compensation of not more than 2 consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of that specified in the first sentence of this section.” immediately after the second sentence of this section and which directed the substitution of “, Secretary of the Senate, or Legislative Counsel of the Senate, as the case may be” for “and the Secretary of the Senate, respectively” in the last sentence of this section, was executed by making the insertion and the substitution for “and Secretary of the Senate, respectively”, to reflect the probable intent of Congress.
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.
Pub. L. 111–8, div. G, title I, § 2(b),
Pub. L. 108–7, div. H, title I, § 6(b),
Pub. L. 107–68, title I, § 101(b),
Pub. L. 105–275, title I, § 4(c),
Pub. L. 101–302, title III, § 314(b),
Pub. L. 95–94, title I, § 110(b),
Pub. L. 110–161, div. H, title I, § 8,
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 109–55, title I, § 2,
Pub. L. 108–447, div. G, title I, § 2,
Pub. L. 108–83, title I, § 6,
This section shall take effect on
Section was formerly classified to section 61f–10 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 2002, which is title I of the Legislative Branch Appropriations Act, 2002.
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.
Section was formerly classified to section 68 of this title prior to editorial reclassification and renumbering as this section.
Section is based on provisions of last par. on 25 Stat. 546, act of Oct. 2, 1888, ch. 1069, relating to payments from contingent fund of Senate. Provisions of that par. relating to payments from contingent fund of House of Representatives were classified to section 95 of this title prior to being struck out by Pub. L. 104–186.
1974—Pub. L. 93–554 inserted provision relating to applicability to payments made upon abstracts of disbursements of salaries.
1946—Act
Pub. L. 93–554, title I,
Act Aug. 2, 1946, ch. 753, title I, § 142, 60 Stat. 834, provided that the amendment made by that act is effective
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.
Section was formerly classified to section 68–1 of this title prior to editorial reclassification and renumbering as this section.
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”.
Appropriations made for contingent expenses of the Senate shall not be used for the payment of personal services except upon the express and specific authorization of the Senate in whose behalf such services are rendered. Nor shall such appropriations be used for any expenses not intimately and directly connected with the routine legislative business of the Senate, and the Government Accountability Office shall apply the provisions of this section in the settlement of the accounts of expenditures from said appropriations incurred for services or materials.
Section was formerly classified to section 68–2 of this title prior to editorial reclassification and renumbering as this section, and to section 671 of former Title 31, prior to the enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1,
Section is based on provisions of proviso on 32 Stat. 26, act of Feb. 14, 1902, ch. 17, the Urgent Deficiency Appropriation Act for the fiscal year 1902, as those provisions relate to appropriations for contingent expenses of Senate. Provisions of that proviso relating to appropriations for expenses of House of Representatives are classified to section 5506 of this title.
1996—Pub. L. 104–186 amended provisions relating to appropriations for expenses of House. See Codification note above.
“Government Accountability Office” substituted in text for “General Accounting Office” pursuant to section 8 of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance, which redesignated the General Accounting Office and any references thereto as the Government Accountability Office. Previously, “General Accounting Office” substituted in text for “accounting officers of the Treasury” pursuant to act
Section was formerly classified to section 68–3 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation, 1984.
The Secretary of the Senate and the Sergeant at Arms on and after
Section was formerly classified to section 65a of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriation Act, 1957, act
Provisions similar to those in this section 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.
Section was formerly classified to section 68–6 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1989, which is title I of the Legislative Branch Appropriations Act, 1989.
Provisions similar to those in this section were contained in the following prior appropriation act:
Pub. L. 100–202, § 101(i) [title I, § 8],
1990—Subsec. (a). Pub. L. 101–302 designated existing provisions as cl. (1) and added cl. (2).
Payments under this section shall be charged to the official funds of the office on whose behalf the expenses were paid, or which received the goods or services for which payment is required.
Any voucher submitted by a Senate support office pursuant to this section shall be accompanied by a certification from such office of the amount and that such purchases were of the nature that they could be charged to the official funds of the office on whose behalf charges were paid, or to which goods or services were provided.
Vouchers under this section shall be submitted and paid subject to such regulations as may be promulgated by the Committee on Rules and Administration.
Section was formerly classified to section 68–8 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1994, which is title I of the Legislative Branch Appropriations Act, 1994.
Payments from the contingent fund of the Senate for materials and supplies (including fuel) purchased on and after
Section was formerly classified to section 68a of this title prior to editorial reclassification and renumbering as this section.
1946—Act
Effective
Bureau of Federal Supply and its functions and duties transferred to Administrator of General Services by act
Act Aug. 2, 1946, ch. 753, title I, § 142, 60 Stat. 834, provided that the amendment made by that act is effective
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.
Section was formerly classified to section 68d of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1982.
Section was formerly classified to section 65c of this title prior to editorial reclassification and renumbering as this section.
2003—Subsec. (a). Pub. L. 108–83 substituted “$6,000” for “$3,000”.
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.
Pub. L. 108–83, title I, § 5(b),
Pub. L. 98–63, title I,
No part of the appropriations made under the heading “Contingent Expenses of the Senate” on and after
Section was formerly classified to section 68b of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
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.
Amendment by Pub. L. 95–94 effective
Effective
Section was formerly classified to section 69a of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1979.
2007—Pub. L. 110–161 substituted “$30,000” for “$25,000” in first sentence.
2003—Pub. L. 108–83 substituted “$25,000” for “$10,000” in first sentence.
1992—Pub. L. 102–392 substituted “$10,000” for “$4,000”.
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,”.
Pub. L. 110–161, div. H, title I, § 6(b),
Pub. L. 100–202, § 101(i) [title I, § 6],
The Secretary of the Senate is authorized to withhold fees from the salary of an individual authorized by such regulations to receive such services from the Attending Physician and to use the Senate health and fitness facilities.
The Secretary of the Senate shall remit all fees required by subsection (a)(2) that are collected pursuant to subsection (b) or by direct payment to the General Fund of the Treasury as miscellaneous receipts unless otherwise provided by law.
The provision 1
Section was formerly classified to section 121e of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 1993.
It shall be the duty of the Secretary and Sergeant at Arms of the Senate to cause to be sold all waste paper and useless documents and condemned furniture that may accumulate, in their respective departments or offices, under the direction of the Committee on Rules and Administration of the Senate and cover the proceeds thereof into the Treasury.
Section was formerly classified to section 117 of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 struck out “Clerk and Doorkeeper of the House of Representatives and the” before “Secretary and” and substituted “direction of the Committee on Rules and Administration of the Senate and cover” for “direction of the Committee on Accounts of their respective houses and cover”.
Act May 29, 1928, ch. 901, § 1(122), 45 Stat. 995, provided for the discontinuance of reports on waste paper, etc., as follows:
On and after
Section was formerly classified to section 117b–1 of this title prior to editorial reclassification and renumbering as this section, and to section 170a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1,
Section is based on title I (2d proviso under “Senate Office Buildings”) of S. 2939, as reported
Available balances of expired appropriations which are subject to disbursement by the Secretary of the Senate shall be available to the Secretary of the Senate to make the deposit to the credit of the Employees’ Compensation Fund required by section 8147(b) of title 5.
This section shall apply with respect to appropriations for fiscal year 2014, and each fiscal year thereafter.
There is established under the heading “
Amounts in the Fund shall be available to the Sergeant at Arms for the costs of compensation of fellows under the Fellowships Programs and the administration of the Fellowships Programs, except as provided in paragraph (2).
Agency contributions for the Fellowships Programs shall be paid from the appropriations account for “Salaries, Officers and Employees” of the Senate.
There are authorized to be appropriated to the Fund for fiscal year 2023, and each fiscal year thereafter, such sums as are necessary for the compensation of fellows under the Fellowships Programs during the fiscal year and for the administration of the Fellowships Programs.
The payment of compensation to any individual serving in a fellowship under the Fellowships Programs by the Sergeant at Arms shall not be included for purposes of any limitation on staffing levels of the Office of the Sergeant at Arms.
Senate Resolution 442 (117th Congress), agreed to
Section, Pub. L. 88–426, title II, § 203(g),
Repeal effective on the later of the first day of the first applicable pay period beginning on or after
Pub. L. 94–59, title I, § 105,
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.
Section was formerly classified to section 64a of this title prior to editorial reclassification and renumbering as this section.
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.
Pub. L. 91–382 provided that the amendment made by Pub. L. 91–382 is effective
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 6533 of this title.
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 6532 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 section), 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 section.
Section was formerly classified to section 64b of this title prior to editorial reclassification and renumbering as this section.
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.
The Assistant Secretary of the Senate may be paid at a maximum annual rate of compensation not to exceed $39,000.
Section was formerly classified to section 61a–3 of this title prior to editorial reclassification and renumbering as this section.
2019—Pub. L. 116–94 repealed Pub. L. 94–59, § 105. See 1975 Amendment note below.
1975—Pub. L. 94–59, which substituted “$39,000” for “$37,620”, effective
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
Assistant Secretary of the Senate deemed successor in references to Chief Clerk of Senate in all laws, rules, resolutions, and orders, effective
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Adjustment in compensation by Pub. L. 93–371 not to supersede order of President pro tempore of the Senate authorizing higher rate of compensation or any authority of the President pro tempore to adjust rates of compensation or limitations under section 4 of the Federal Pay Comparability Act of 1970, see section 4 of Pub. L. 93–371, set out in part as a note under section 273 of this title.
Increases in compensation 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 4571 of this title, and Salary Directives of President pro tempore of the Senate, set out as notes under that section.
The Parliamentarian of the Senate may be paid at a maximum annual rate of compensation not to exceed $39,000.
Section was formerly classified to section 61b of this title prior to editorial reclassification and renumbering as this section.
2019—Pub. L. 116–94 repealed Pub. L. 94–59, § 105. See 1975 Amendment note below.
1975—Pub. L. 94–59, which substituted “$39,000” for “$37,620”, effective
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
1956—Act
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Adjustment in compensation by Pub. L. 93–371 not to supersede order of President pro tempore of the Senate authorizing higher rate of compensation or any authority of the President pro tempore to adjust rates of compensation or limitations under section 4 of the Federal Pay Comparability Act of 1970, see section 4 of Pub. L. 93–371, set out in part as a note under section 273 of this title.
Increases in compensation 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 4571 of this title, and Salary Directives of President pro tempore of the Senate set out as notes under that section.
Pub. L. 86–213,
The Financial Clerk of the Senate may be paid at a maximum annual rate of compensation not to exceed $39,000.
Section was formerly classified to section 64a–1 of this title prior to editorial reclassification and renumbering as this section.
2019—Pub. L. 116–94 repealed Pub. L. 94–59, § 105. See 1975 Amendment note below.
1975—Pub. L. 94–59, which substituted “$39,000” for “$37,620”, effective
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after
Section effective
Adjustment in compensation by Pub. L. 93–371 not to supersede order of President pro tempore of the Senate authorizing higher rate of compensation or any authority of the President pro tempore to adjust rates of compensation or limitations under section 4 of the Federal Pay Comparability Act of 1970, see section 4 of Pub. L. 93–371, set out in part as a note under section 273 of this title.
Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 4571 of this title.
Section, Pub. L. 94–59, title I, § 105,
Repeal effective on the later of the first day of the first applicable pay period beginning on or after
Pub. L. 94–59, title I, § 105,
The Secretary of the Senate is authorized to employ such administrative assistants as may be necessary in order to carry out the provisions of this Act under the jurisdiction of the Secretary.
This Act, referred to in text, means act Aug. 2, 1946, ch. 753, 60 Stat. 812, known as the Legislative Reorganization Act of 1946. For complete classification of this Act to the Code, see Tables.
Section was formerly classified to section 74b of this title prior to editorial reclassification and renumbering as this section.
1996—Pub. L. 104–186 substituted “is” for “and the Clerk of the House are” and “the jurisdiction of the Secretary” for “their respective jurisdictions”.
Section effective
Effective
Section was formerly classified to section 61a–11 of this title prior to editorial reclassification and renumbering as this section.
Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 4571 of this title.
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.
Section was formerly classified to section 61c–1 of this title prior to editorial reclassification and renumbering as this section.
Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see section 4571 of this title, and Salary Directives of President pro tempore of the Senate, set out as notes under that section.
For each fiscal year (beginning with the fiscal year which ends
Section was formerly classified to section 61b–3 of this title prior to editorial reclassification and renumbering as this section.
Pub. L. 97–257, title I, § 107,
The Secretary of the Senate is on and after
Section was formerly classified to section 64–1 of this title prior to editorial reclassification and renumbering as this section.
The reporters of debates in the office of the Secretary of the Senate are hereby designated the official reporters of debates of the Senate.
Section was formerly classified to section 126–2 of this title prior to editorial reclassification and renumbering as this section.
The Secretary of the Senate is on and after
Section was formerly classified to section 126b of this title prior to editorial reclassification and renumbering as this section.
“On and after
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”.
For fiscal year 1998, and each fiscal year thereafter, the Secretary of the Senate is authorized to make advance payments under a contract or other agreement to provide a service or deliver an article for the United States Government without regard to the provisions of section 3324 of title 31.
An advance payment authorized by subsection (a) shall be made in accordance with regulations issued by the Committee on Rules and Administration of the Senate.
The authority granted by subsection (a) shall not take effect until regulations are issued pursuant to subsection (b).
Section was formerly classified to section 68e of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1998, which is title I of the Legislative Branch Appropriations Act, 1998.
During any fiscal year (commencing with the fiscal year beginning
Section was formerly classified to section 64–2 of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 104 of S. 2939, Ninety-seventh Congress, 2d Session, as reported
Provisions authorizing 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, § 113,
Pub. L. 97–12, title I, § 107,
Subject to the approval of the Committee on Appropriations of the Senate, if in any fiscal year amounts in any appropriations account under the heading “SENATE” under the heading “LEGISLATIVE BRANCH” are available for more than 1 fiscal year, the Secretary of the Senate may establish procedures for the payment of expenses with respect to that account from any amounts available for that fiscal year.
This section shall apply to fiscal year 2012 and each fiscal year thereafter.
Section was formerly classified to section 68f of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2012, which is div. G of the Consolidated Appropriations Act, 2012.
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.
Section was formerly classified to section 61a–9a of this title prior to editorial reclassification and renumbering as this section.
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”.
Pub. L. 98–367, title I, § 1,
Pub. L. 97–12, title I, § 102,
Pub. L. 95–355, title I, § 101,
Pub. L. 95–94, title I, § 106,
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 [52 U.S.C. 30101 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.
The Federal Election Campaign Act of 1971, referred to in text, is Pub. L. 92–225,
Section was formerly classified to section 61a–9 of this title prior to editorial reclassification and renumbering as this section.
For the purpose of carrying out his duties under the Federal Election Campaign Act of 1971 [52 U.S.C. 30101 et seq.], the Secretary of the Senate is authorized, from and after
The Federal Election Campaign Act of 1971, referred to in text, is Pub. L. 92–225,
Section was formerly classified to section 442 of this title prior to editorial reclassification and renumbering as this section.
Section was enacted as part of Legislative Branch Appropriation Act, 1973.
On and after
The provisions of subsection (a) shall be effective in the case of expenditures for fiscal years ending after
Upon the written request of the Secretary of the Senate, and upon notification to the Committee on Appropriations of the Senate, there shall be transferred any amount of funds available under subsection (a) specified in the request, but not to exceed $15,000 in any fiscal year, from the appropriation account (within the contingent fund of the Senate) for expenses of the Office of the Secretary of the Senate to the appropriation account for the expense allowance of the Secretary of the Senate. Any funds so transferred shall be available in like manner and for the same purposes as are other funds in the account to which the funds are transferred.
Section was formerly classified to section 65f of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1987.
2019—Subsec. (c). Pub. L. 116–94 substituted “$15,000” for “$10,000”.
2004—Subsec. (c). Pub. L. 108–447 substituted “and upon notification to” for “with the approval of” in first sentence.
1997—Subsec. (c). Pub. L. 105–18 added subsec. (c).
1991—Subsec. (a). Pub. L. 102–90 substituted “On and after
Pub. L. 105–18, title II, § 7003(b),
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.
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.
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.
Section was formerly classified to section 60c–2a of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriation Act, 1977.
Section 6569, R.S. §§ 65, 66; Feb. 18, 1875, ch. 80, § 1, 18 Stat. 316; Pub. L. 104–186, title II, § 204(55),
Section 6570, R.S. § 67; Feb. 18, 1875, ch. 80, § 1, 18 Stat. 316, related to opening bids for stationery and awarding contracts.
Section 6571, R.S. § 68; Pub. L. 104–186, title II, § 204(56),
Purchases of stationery and materials for folding shall be made in accordance with section 4104 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.
Section was formerly classified to section 112 of this title prior to editorial reclassification and renumbering as this section.
2014—Pub. L. 113–235 substituted “section 4104 of this title” for “sections 4104 and 6569 to 6571 of this title”.
1996—Pub. L. 104–186 struck out “or the Committee on Accounts of the House of Representatives respectively” before period at end.
1946—Act
Act Aug. 2, 1946, ch. 753, title I, § 142, 60 Stat. 834, provided that the amendment made by that act is effective
There is established within the Contingent Fund of the Senate a revolving fund which shall consist of (1) the unexpended balance of the appropriation “Contingent Expenses, Senate, Stationery, fiscal year 1957”, (2) any amounts hereafter appropriated for stationery allowances of the President of the Senate, and for stationery for use of officers of the Senate and the Conference of the Majority and the Conference of the Minority of the Senate, and (3) any undeposited amounts heretofore received, and any amounts hereafter received as proceeds of sales by the stationery room of the Senate. Any moneys in the fund shall be available until expended for use in the same manner and for the same purposes as funds heretofore appropriated to the Contingent Fund of the Senate for stationery, except that (1) the balance of any amount appropriated for stationery for use of committees and officers of the Senate which remains unexpended at the end of any fiscal year and (2) allowances which are not available for obligation due to vacancies or waiver of entitlement thereto, shall be withdrawn from the revolving fund. Disbursements from the fund shall be made upon vouchers approved by the Secretary of the Senate, or his designee.
Section was formerly classified to section 46a–1 of this title prior to editorial reclassification and renumbering as this section.
1997—Pub. L. 105–55, which directed the amendment of section 1101 of Pub. L. 85–58 by inserting at end “Disbursements from the fund shall be made upon vouchers approved by the Secretary of the Senate, or his designee.”, was executed by making the insertion at the end of this section which is second par. under heading “
1980—Pub. L. 96–304, § 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”.
Pub. L. 96–304, title I, § 112(b),
Pub. L. 92–607, ch. V, § 506(l), formerly § 506(i),
Pub. L. 101–163, title I, § 6,
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”).
All moneys received on and after
Disbursements from the revolving fund shall be made upon vouchers approved by the Secretary of the Senate.
The Secretary of the Senate is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section.
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.
Section was formerly classified to section 68–7 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1990, which is title I of the Legislative Branch Appropriations Act, 1990.
The Secretary of the Senate is entitled, for transcribing and certifying extracts from the journal of the Senate or the executive Journal of the Senate when the injunction of secrecy has been removed, except when such transcripts are required by an officer of the United States in a matter relating to the duties of his office, to receive from the persons for whom such transcripts are prepared the sum of 10 cents for each sheet containing one hundred words.
Section was formerly classified to section 114 of this title prior to editorial reclassification and renumbering as this section.
R.S. § 71 derived from acts Sept. 15, 1789, ch. 14, § 6, 1 Stat. 69; Aug. 8, 1846, ch. 107, § 2, 9 Stat. 80; and Apr. 23, 1856, ch. 20, 11 Stat. 5.
1996—Pub. L. 104–186 substituted “Secretary of the Senate is” for “Secretary of the Senate and the Clerk of the House of Representatives, respectively, are” and struck out “or from the journal of the House of Representatives,” after “has been removed,”.
The Secretary of the Senate is authorized to establish a Senate Gift Shop for the purpose of providing for the sale of gift items to Members of the Senate, staff, and the general public.
All moneys received from sales and other services by the Senate Gift Shop shall be deposited in the revolving fund established by subsection (c) and shall be available for purposes of this section.
The provisions of section 5104(c) of title 40 shall not be applicable to any activity carried out pursuant to this section.
To provide capital for the fund, the Secretary of the Senate is authorized to transfer, from moneys in the Stationery Revolving Fund in the contingent fund of the Senate, to the fund such sum as he may determine necessary, not to exceed $300,000.
For the purpose of acquiring supplies, equipment, and meeting other initial expenses in implementing subsection (a), the Secretary of the Senate is authorized, upon
Disbursements from the fund shall be made upon vouchers approved by the Secretary of the Senate, or his designee.
The Secretary of the Senate is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section.
The Legislative Branch Appropriations Act, 1991, referred to in subsec. (f), is Pub. L. 101–520,
Section was formerly classified to section 121d of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1993, which is title I of the Legislative Branch Appropriations Act, 1993.
In subsec. (d), “section 5104(c) of title 40” substituted for “section 4 of the Act of July 31, 1946 (40 U.S.C. 193d)” on authority of Pub. L. 107–217, § 5(c),
2007—Subsec. (c)(3). Pub. L. 110–39 added par. (3).
2001—Subsec. (c). Pub. L. 107–68 designated existing provisions as par. (1) and added par. (2).
Pub. L. 107–68, title I, § 107(b),
Pub. L. 103–283, title I, § 1,
The Secretary of the Senate, with the oversight and approval of the Committee on Rules and Administration of the Senate, shall oversee the development and implementation of a comprehensive Senate legislative information system.
In carrying out this section, the Secretary of the Senate shall consult and work with officers and employees of the House of Representatives. Legislative branch agencies and departments and agencies of the executive branch shall provide cooperation, consultation, and assistance as requested by the Secretary of the Senate to carry out this section.
Any funds that were appropriated under the heading “Secretary of the Senate” for expenses of the Office of the Secretary of the Senate by the Legislative Branch Appropriations Act, 1995, to remain available until
The Committee on Rules and Administration of the Senate may prescribe such regulations as may be necessary to carry out the provisions of this section.
This section shall be effective for fiscal years beginning on or after
The Legislative Branch Appropriations Act, 1995, referred to in subsec. (c), is Pub. L. 103–283,
Section was formerly classified to section 123e of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1997, which is title I of the Legislative Branch Appropriations Act, 1997.
There is established the Senate Leader’s Lecture Series (hereinafter referred to as the “lecture series”). Expenses incurred in connection with the lecture series shall be paid from the appropriations account “Secretary of the Senate” within the contingent fund of the Senate and shall not exceed $30,000 in any fiscal year.
Payments for expenses in connection with the lecture series may cover expenses incurred by speakers, including travel, subsistence, and per diem, and the cost of receptions, including food, food related items, and hospitality.
Payments for expenses of the lecture series shall be made on vouchers approved by the Secretary of the Senate.
This section is effective on and after
Section was formerly classified to section 69b of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1999, which is title I of the Legislative Branch Appropriations Act, 1999.
Section, Pub. L. 88–426, title II, § 203(g),
Repeal effective on the later of the first day of the first applicable pay period beginning on or after
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.
Section was formerly classified to section 62 of this title prior to editorial reclassification and renumbering as this section.
Provisions similar to those in this section were also contained in act Mar. 3, 1875, ch. 129, 18 Stat. 344.
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.
Section was formerly classified to section 61e–3 of this title prior to editorial reclassification and renumbering as this section.
Effective
Section was formerly classified to section 61e–1 of this title prior to editorial reclassification and renumbering as this section.
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.
Pub. L. 94–226, § 1(c),
Pub. L. 94–226, § 1(b),
Pub. L. 94–226, § 1(a),
Section was formerly classified to section 61e–2 of this title prior to editorial reclassification and renumbering as this section.
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 6597 of this title which abolished all statutory positions in the Office of Sergeant at Arms and Doorkeeper of Senate, with specified exceptions, effective
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.
Section was formerly classified to section 61f–9 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriation Act, 1985, which is title I of the Legislative Branch Appropriations Act, 1985.
Effective
Section was formerly classified to section 61f–7 of this title prior to editorial reclassification and renumbering as this section.
Pub. L. 102–90, title I, § 8,
Pub. L. 102–90, title I, § 9,
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 4571 of this title.
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, any voucher for payment of moneys, payroll action, or personnel action 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, payroll action, or personnel action 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.
Section was formerly classified to section 61e–4 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1984.
2021—Pub. L. 116–344 substituted “on his behalf, any voucher for payment of moneys, payroll action, or personnel action” for “on his behalf, all vouchers, for payment of moneys,” and “approval of any voucher for payment of moneys, payroll action, or personnel action” for “approval of any voucher, for payment of moneys,”.
Section was formerly classified to section 61f–8 of this title prior to editorial reclassification and renumbering as this section.
In par. (1), “section 6101 of title 41” substituted for “section 5 of title 41, United States Code,” on authority of Pub. L. 111–350, § 6(c),
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”.
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.
There is established under the heading “
Amounts in the Fund shall be available to the Sergeant at Arms for purposes of the business continuity and disaster recovery needs of the Senate.
Subject to subparagraph (C), prior to the date of the withdrawal of amounts appropriated under the heading “
Amounts transferred under subparagraph (A) shall remain available until expended.
If the Sergeant at Arms intends to transfer amounts under subparagraph (A), the Sergeant at Arms shall submit to the Committee on Appropriations of the Senate written notice not later than 15 days before the date of the withdrawal of such amounts in accordance with section 4107 of this title.
The authority to transfer amounts under this paragraph shall apply with respect to amounts appropriated for fiscal year 2022, or any fiscal year thereafter.
There are authorized to be appropriated to the Fund such sums as are necessary for fiscal year 2022 and each fiscal year thereafter.
Section was formerly classified to section 68–6a of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991.
2022—Pub. L. 117–103 substituted “Transfer authority and Sergeant at Arms Business Continuity and Disaster Recovery Fund” for “Transfers from appropriations account for expenses of Office of Sergeant at Arms and Doorkeeper of Senate” in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
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.
Section was formerly classified to section 61f–1a of this title prior to editorial reclassification and renumbering as this section.
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”.
Pub. L. 101–520, title I, § 6,
Pub. L. 100–458, title I, § 6,
Pub. L. 97–12, title I, § 108,
Pub. L. 96–86, § 111(c),
The Secretary of the Senate on and after
Section was formerly classified to section 65b of this title prior to editorial reclassification and renumbering as this section.
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”.
From funds available for any fiscal year (commencing with the fiscal year ending
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.
Section was formerly classified to section 65d of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984.
Any provision of law which is enacted prior to
Section was formerly classified to section 68–4 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1984.
The Sergeant at Arms of the Senate may incur obligations and make expenditures for meals, refreshments, and other support and maintenance for Members, officers, and employees of the Senate when such obligations and expenditures are necessary to respond to emergencies involving the safety of human life or the protection of property.
This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.
Section was formerly classified to section 130g of this title prior to editorial reclassification and renumbering as this section.
Section is from the Emergency Supplemental Act, 2002, which is div. B of the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002.
2019—Subsec. (a)(1). Pub. L. 116–94, § 1502(1)(A)(i), substituted “paragraph (3)” for “subsection (b)”.
Subsec. (a)(3). Pub. L. 116–94, § 1502(1)(A)(ii)–(C), added par. (3).
Subsec. (b). Pub. L. 116–94, § 1502(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The Sergeant at Arms of the Senate may enter into a memorandum of understanding described in subsection (a)(1) consistent with the Senate Procurement Regulations.”
The Sergeant-at-Arms and Doorkeeper of the Senate shall have the same law enforcement authority, including the authority to carry firearms, as a member of the Capitol Police. The law enforcement authority under the preceding sentence shall be subject to the requirement that the Sergeant-at-Arms and Doorkeeper of the Senate have the qualifications specified in subsection (b).
The Committee on Rules and Administration of the Senate shall have authority to prescribe regulations to carry out this section.
Section was formerly classified to section 61f–14 of this title prior to editorial reclassification and renumbering as this section.
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.
Section was formerly classified to section 123c of this title prior to editorial reclassification and renumbering as this section.
Section is from the Second Supplemental Appropriations Act, 1975.
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”.
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
Section was formerly classified to section 123c–1 of this title prior to editorial reclassification and renumbering as this section.
Subject to the approval of the Committee on Rules and Administration of the Senate, the Sergeant at Arms and Doorkeeper of the Senate may provide services and equipment funded by appropriations available to the Senate to persons and entities not funded by such appropriations.
The provision of services and equipment under subsection (a) shall be on a reimbursable basis.
In the case of services or equipment provided under subsection (a) that were procured using amounts available to the Sergeant at Arms and Doorkeeper of the Senate in the account for Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate, amounts received under subsection (b) as reimbursement for the provision of such services or equipment shall be credited to that account or, if applicable, to any subaccount of that account. Amounts credited to any such account or subaccount shall be merged with amounts in that account or subaccount and shall be available to the same extent, and subject to the same terms and conditions, as amounts in that account or subaccount.
This section shall apply to fiscal year 2004 and each succeeding fiscal year.
Section was formerly classified to section 61f–11 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2004.
Section was formerly classified to section 58a–1 of this title prior to editorial reclassification and renumbering as this section.
Pub. L. 100–123, § 4,
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.
For purposes of sections 6621 to 6623 of this title, telephone equipment and services provided to any user for which payment, prior to
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.
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.
Nothing in sections 6621 to 6623 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.
Section was formerly classified to section 58a–2 of this title prior to editorial reclassification and renumbering as this section.
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),”.
Section effective
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 6621 to 6623 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.
Section was formerly classified to section 58a–3 of this title prior to editorial reclassification and renumbering as this section.
Section effective
This section, referred to in text, means section 4 of Pub. L. 101–520, which enacted this section, amended section 6314 of this title, and enacted provisions set out as a note under section 6314 of this title.
Section was formerly classified to section 58a–4 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991.
Section effective
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.
Section was formerly classified to section 111a of this title prior to editorial reclassification and renumbering as this section.
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.
Section was formerly classified to section 117d of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriation Act, 1985, which is title I of the Legislative Branch Appropriations Act, 1985.
Any amounts received by the Sergeant at Arms and Doorkeeper of the Senate (in this section referred to as the “Sergeant at Arms”) for compensation for damage to, loss of, or loss of use of property of the Sergeant at Arms that was procured using amounts available to the Sergeant at Arms in the account for Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate, shall be credited to that account or, if applicable, to any subaccount of that account.
Amounts credited to any account or subaccount under subsection (a) shall be merged with amounts in that account or subaccount and shall be available to the same extent, and subject to the same terms and conditions, as amounts in that account or subaccount.
This section shall apply with respect to fiscal year 2005 and each fiscal year thereafter.
Section was formerly classified to section 117d–1 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
A Senate office shall be deemed to retain possession of any Senate data of the Senate office, without regard to the use by the Senate office of any individual or entity described in paragraph (2) for the purposes of any function or service described in paragraph (2).
Subparagraph (A) shall not be construed to limit the use by an intended recipient of any Senate data from a Senate office.
The Office of the SAA, any officer, employee, or agent of the Office of the SAA, and any provider for a Senate office shall not be treated as acquiring possession, custody, or control of any Senate data by reason of its being transmitted, processed, or stored (whether temporarily or otherwise) through the use of an electronic system established, maintained, or operated, or the use of electronic services provided, in whole or in part by the Office of the SAA, the officer, employee, or agent of the Office of the SAA, or the provider for the Senate office.
Notwithstanding any other provision of law or rule of civil or criminal procedure, the Office of the SAA, any officer, employee, or agent of the Office of the SAA, and any provider for a Senate office that is providing services to or used by a Senate office shall not be barred, through operation of any court order or any statutory provision, from notifying the Senate office of any legal process seeking disclosure of Senate data of the Senate office that is transmitted, processed, or stored (whether temporarily or otherwise) through the use of an electronic system established, maintained, or operated, or the use of electronic services provided, in whole or in part by the Office of the SAA, the officer, employee, or agent of the Office of the SAA, or the provider for a Senate office.
Upon a motion made promptly by a Senate office or provider for a Senate office, a court of competent jurisdiction shall quash or modify any legal process directed to the provider for a Senate office if compliance with the legal process would require the disclosure of Senate data of the Senate office.
The Office of the SAA, in consultation with the Senate Legal Counsel, shall provide information to each Senate office that commissions or uses a provider of electronic communication service or remote computing service to provide such services to the Senate office regarding the potential constitutional implications and the potential impact on privileges that may be asserted by the Senate office.
Nothing in this section shall be construed to limit or supersede any applicable privilege, immunity, or other objection that may apply to the disclosure of Senate data.
Except as provided in this section, any provision of law or rule of civil or criminal procedure of any State, political subdivision, or agency thereof, which is inconsistent with this section shall be deemed to be preempted and superseded.
This section shall apply to fiscal year 2005 and each fiscal year thereafter.
Section was formerly classified to section 61f–12 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
2020—Pub. L. 116–260 added subsecs. (a) to (g), redesignated former subsec. (b) as (h), and struck out former subsec. (a). Prior to amendment, text of subsec. (a) read as follows: “The Office of the Sergeant at Arms and Doorkeeper of the United States Senate, and any officer, employee, or agent of the Office, shall not be treated as acquiring possession, custody, or control of any electronic mail or other electronic communication, data, or information by reason of its being transmitted, processed, or stored (whether temporarily or otherwise) through the use of an electronic system established, maintained, or operated, or the use of electronic services provided, in whole or in part by the Office.”
2007—Pub. L. 109–289, § 20701(c)(1), as added by Pub. L. 110–5, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Pub. L. 116–260, div. FF, title IV, § 401(b),
Pub. L. 109–289, div. B, title II, § 20701(c)(2), as added by Pub. L. 110–5, § 2,
For each fiscal year (commencing with the fiscal year ending
Senate Resolution 90 of the 100th Congress, referred to in text, which was agreed to
Section was formerly classified to section 68–5 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Supplemental Appropriations Act, 1985.
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”.
Pub. L. 100–202, § 101(i) [title I, § 3(b)],
Effective
Section was formerly classified to section 59c and then to section 117b of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriation Act, 1978, which is title I of the Legislative Branch Appropriation Act, 1978.
1981—Pub. L. 97–51 substituted “Effective
The Sergeant at Arms and Doorkeeper of the Senate may directly, or through the General Services Administration, transfer title to excess or surplus educationally useful equipment to a public school. Any such transfer shall be completed at the lowest possible cost to the public school and the Senate.
The Committee on Rules and Administration of the Senate shall prescribe regulations to carry out the provisions of this section.
Receipts from reimbursements for the costs of transfer of excess or surplus educationally useful equipment under this section,1
This section shall take effect beginning with fiscal year 1997 and shall be effective each fiscal year thereafter.
Section was formerly classified to section 117b–2 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1997, which is title I of the Legislative Branch Appropriations Act, 1997.
2015—Subsec. (d)(1). Pub. L. 114–95 substituted “elementary school or secondary school, as such terms are defined in section 7801” for “public elementary or secondary school as such terms are defined in section 7801”.
2002—Subsec. (d)(1). Pub. L. 107–110 substituted “7801” for “8801”.
Amendment by Pub. L. 114–95 effective
Amendment by Pub. L. 107–110 effective
On and after
Section was formerly classified to section 117c of this title prior to editorial reclassification and renumbering as this section.
Section is based on section 102 of S. 2939, Ninety-seventh Congress, 2d Session, as reported
In this section, the terms “national committee” and “political party” have the meaning given such terms in section 30101 of title 52.
The official duties of employees of the Sergeant at Arms and Doorkeeper of the Senate under the Senate Daily Press Gallery, the Senate Periodical Press Gallery, the Senate Press Photographers Gallery, and the Senate Radio and Television Correspondents Gallery may include providing media support services with respect to the presidential nominating conventions of the national committees of political parties.
The terms and conditions under which employees perform official duties under subsection (b) shall be subject to the approval of the Sergeant at Arms and Doorkeeper of the Senate.
This section shall apply to fiscal year 2008 and each fiscal year thereafter.
Section was formerly classified to section 61f–13 of this title prior to editorial reclassification and renumbering as this section.
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
The Sergeant at Arms and Doorkeeper of the Senate is authorized to appoint and fix the compensation of such employees as may be necessary to operate Senate Hair Care Services.
There is established in the Treasury of the United States within the contingent fund of the Senate a revolving fund to be known as the Senate Hair Care Services Revolving Fund (hereafter in this section referred to as the “revolving fund”).
Disbursements from the revolving fund shall be made upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate, except that vouchers shall not be required for the disbursement of salaries paid at an annual rate.
At the direction of the Committee on Rules and Administration, the Secretary of the Senate shall withdraw from the revolving fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in the revolving fund that the Committee may determine are in excess of the current and reasonably foreseeable needs of Senate Hair Care Services.
The Sergeant at Arms and Doorkeeper of the Senate are authorized to prescribe such regulations as may be necessary to carry out the provisions of this section, subject to the approval of the Committee on Rules and Administration.
There is transferred to the revolving fund established by this section any unobligated balance in the fund established by section 121a of this title on the effective date of this section.
This section shall be effective on and after
Section 121a of this title, referred to in subsec. (g), was repealed by Pub. L. 105–275, title I, § 6(h)(1),
Section was formerly classified to section 121b–1 of this title prior to editorial reclassification and renumbering as this section.
Section is comprised of section 6 of Pub. L. 105–275. Subsec. (h) of section 6 of Pub. L. 105–275 amended section 10 of title I of Pub. L. 100–458, set out as a note below, and repealed section 121a of this title.
Section is from the Congressional Operations Appropriations Act, 1999, which is title I of the Legislative Branch Appropriations Act, 1999.
In subsec. (c), in the first par. (3), “section 5104(c) of title 40” substituted for “section 4 of the Act of July 31, 1946 (40 U.S.C. 193d)” on authority of Pub. L. 107–217, § 5(c),
2000—Subsec. (c)(2)(A). Pub. L. 106–554, § 1(a)(2) [title I, § 3(a)(1)], struck out “and agency contributions” after “salaries”.
Subsec. (c)(3). Pub. L. 106–554, § 1(a)(2) [title I, § 3(a)(2)], added par. (3) relating to agency contributions.
1999—Subsec. (c)(3). Pub. L. 106–57 added par. (3).
Pub. L. 106–554, § 1(a)(2) [title I, § 3(b)],
Pub. L. 100–458, title I, § 10,
The Sergeant at Arms and Doorkeeper of the Senate is authorized to establish an Office of Senate Health Promotion.
There is established in the Treasury of the United States a revolving fund within the contingent fund of the Senate to be known as the Senate Health Promotion Revolving Fund (hereinafter referred to in this section as the “fund”). The fund shall consist of all amounts collected or received by the Sergeant at Arms and Doorkeeper of the Senate as fees, assessments, and other charges for activities and services to carry out the provisions of this section. All moneys in the fund shall be available without fiscal year limitation for disbursement by the Secretary of the Senate for promoting the health of Members, officers, and employees of the Senate. On or before December 31 of each year, the Secretary of the Senate shall withdraw from the fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in excess of $5,000 in the fund at the close of the preceding fiscal year.
Disbursements from the revolving fund shall be made upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate.
The provisions of section 5104(c) of title 40 shall not be applicable to any class, service, or other activity carried out pursuant to the provisions of this section.
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.
Section was formerly classified to section 121c of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1990, which is title I of the Legislative Branch Appropriations Act, 1990.
In subsec. (e), “section 5104(c) of title 40” substituted for “section 4 of the Act of July 31, 1946 (40 U.S.C. 193d)” on authority of Pub. L. 107–217, § 5(c),
1991—Subsec. (c). Pub. L. 102–90 inserted at end “On or before December 31 of each year, the Secretary of the Senate shall withdraw from the fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in excess of $5,000 in the fund at the close of the preceding fiscal year.”
To the extent that the personnel of the Senate Computer Center are unable to carry out the contracts entered into under subsection (b) 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.
Disbursements from the revolving fund under subsections (b) and (c) 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.
Section was formerly classified to section 123d of this title prior to editorial reclassification and renumbering as this section.
Section, Pub. L. 100–202, § 101(i) [title I, § 2(a)],
Repeal effective on the later of the first day of the first applicable pay period beginning on or after
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.
Section was formerly classified to section 61d–1 of this title prior to editorial reclassification and renumbering as this section.
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 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 4571 of this title.
The Secretary of the Senate is authorized and directed to procure and furnish each fiscal year (commencing with the fiscal year ending
Section was formerly classified to section 61d–2 of this title prior to editorial reclassification and renumbering as this section.
For each fiscal year there is authorized to be expended from the contingent fund of the Senate an amount, not in excess of $50,000 for the Chaplain of the Senate. Payments under this section shall be made only for expenses actually incurred by the Chaplain of the Senate in carrying out his functions, and shall be made upon certification and documentation of the expenses involved, by the Chaplain claiming payment under this section and upon vouchers approved by the Chaplain and by the Committee on Rules and Administration. Funds authorized for expenditure under this section may be used to purchase food or food related items.
Any funds in the Chaplain Expense Revolving Fund on the date of the repeal under this section shall be remitted to the general fund of the United States Treasury.
This section shall apply with respect to fiscal year 2004, and each fiscal year thereafter.
Section was formerly classified to section 61d–4 of this title prior to editorial reclassification and renumbering as this section.
Section is comprised of section 155 of div. H of Pub. L. 108–199. Subsec. (b)(1) of section 155 of Pub. L. 108–199 repealed section 61d–3 of this title.
Section is from the Miscellaneous Appropriations and Offsets Act, 2004, which is division H of the Consolidated Appropriations Act, 2004.