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US House of Representatives | 2, 6, §191 | The President of the Senate, the Speaker of the House of Representatives, or a chairman of any
joint committee established by a joint or concurrent resolution of the two Houses of Congress, or of a
committee of the whole, or of any committee of either House of Congress, is empowered to
administer oaths to witnesses in any case under their examination.
Any member of either House of Congress may administer oaths to witnesses in any matter
depending in either House of Congress of which he is a Member, or any committee thereof.
(R.S. §101; June 26, 1884, ch. 123, 23 Stat. 60; June 22, 1938, ch. 594, 52 Stat. 942, 943.)
EDITORIAL NOTES
CODIFICATION
R.S. §101 derived from acts May 3, 1798, ch. 36, §1, 1 Stat. 554, and Feb. 8, 1817, ch. 10, 3 Stat. 345.
R.S. §101 constitutes first sentence, and act June 26, 1884, constitutes second sentence.
AMENDMENTS
1938—Act June 22, 1938, reenacted section without change.
[Release Point 118-70] | §191. Oaths to witnesses | 1938-06-22T00:00:00 | ab1ebe21ab7c1cc19cbccf38088960e7b20f006d037ba1320504fd197518971a |
US House of Representatives | 2, 6, §192 | Every person who having been summoned as a witness by the authority of either House of
Congress to give testimony or to produce papers upon any matter under inquiry before either House,
or any joint committee established by a joint or concurrent resolution of the two Houses of Congress,
or any committee of either House of Congress, willfully makes default, or who, having appeared,
refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a
misdemeanor, punishable by a fine of not more than $1,000 nor less than $100 and imprisonment in
a common jail for not less than one month nor more than twelve months.
(R.S. §102; June 22, 1938, ch. 594, 52 Stat. 942.)
EDITORIAL NOTES
CODIFICATION
R.S. §102 derived from act Jan. 24, 1857, ch. 19, §1, 11 Stat. 155.
AMENDMENTS
1938—Act June 22, 1938, reenacted section without change. | §192. Refusal of witness to testify or produce papers | 1938-06-22T00:00:00 | 0733ea1cff81601d92a26612b75a6c1b4da88aca67cd77eb5ae320ed16713f74 |
US House of Representatives | 2, 6, §193 | No witness is privileged to refuse to testify to any fact, or to produce any paper, respecting which
he shall be examined by either House of Congress, or by any joint committee established by a joint
or concurrent resolution of the two Houses of Congress, or by any committee of either House, upon
the ground that his testimony to such fact or his production of such paper may tend to disgrace him
or otherwise render him infamous.
(R.S. §103; June 22, 1938, ch. 594, 52 Stat. 942.)
EDITORIAL NOTES
CODIFICATION
R.S. §103 derived from act Jan. 24, 1862, ch. 11, 12 Stat. 333.
AMENDMENTS
1938—Act June 22, 1938, reenacted section without change. | §193. Privilege of witnesses | 1938-06-22T00:00:00 | 3cc553851eeadb2eb4812ac6c4da9fb8b541010da91b61ccdd0a604e523744f4 |
US House of Representatives | 2, 6, §194 | Whenever a witness summoned as mentioned in section 192 of this title fails to appear to testify or
fails to produce any books, papers, records, or documents, as required, or whenever any witness so
summoned refuses to answer any question pertinent to the subject under inquiry before either House,
or any joint committee established by a joint or concurrent resolution of the two Houses of Congress,
or any committee or subcommittee of either House of Congress, and the fact of such failure or
failures is reported to either House while Congress is in session or when Congress is not in session, a
statement of fact constituting such failure is reported to and filed with the President of the Senate or
the Speaker of the House, it shall be the duty of the said President of the Senate or Speaker of the
House, as the case may be, to certify, and he shall so certify, the statement of facts aforesaid under
the seal of the Senate or House, as the case may be, to the appropriate United States attorney, whose
duty it shall be to bring the matter before the grand jury for its action.
(R.S. §104; July 13, 1936, ch. 884, 49 Stat. 2041; June 22, 1938, ch. 594, 52 Stat. 942.)
EDITORIAL NOTES
[Release Point 118-70]
CODIFICATION
R.S. §104 derived from act Jan. 24, 1857, ch. 19, §3, 11 Stat. 156.
AMENDMENTS
1938—Act June 22, 1938, substituted "section 102" for "section 102 of the Revised Statutes" and inserted
"or any joint committee established by a joint or concurrent resolution of the two Houses of Congress".
1936—Act July 13, 1936, substituted "section 102 of the Revised Statutes" for "section 102", inserted
provisions as to failure to produce and refusal to answer, required a statement of facts constituting the failure
to be reported to and filed with the President of the Senate or the Speaker of the House, and directed that said
President or Speaker certify the facts to the appropriate United States attorney in lieu of prior certification to
the district attorney for the District of Columbia. | §194. Certification of failure to testify or produce; grand jury action | 1936-07-13T00:00:00 | b3fb76114371ca64ce5a8d135e32f20f9e934974cb77cb11ce3f30cac56bae3d |
US House of Representatives | 2, 6, §195 | Witnesses residing in the District of Columbia and not in the service of the government of said
District or of the United States, who shall be summoned to give testimony before any committee of
the House of Representatives, shall not be allowed exceeding $2 for each day's attendance before
said committee.
(May 1, 1876, ch. 88, 19 Stat. 41.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
HOUSE RULE ON PAY OF WITNESSES
Rule XI, clause 5, Rules of the House of Representatives, provides that: "Witnesses appearing before the
House or any of its committees shall be paid the same per diem rate as established, authorized, and regulated
by the Committee on House Administration for Members, Delegates, the Resident Commissioner, and
employees of the House, plus actual expenses of travel to or from the place of examination. Such per diem
may not be paid when a witness has been summoned at the place of examination." | §195. Fees of witnesses in District of Columbia | 1876-05-01T00:00:00 | d141bc90cf475314b8d5d54e9c4b98054a4d22fe870b5be4709d08e4c610c85f |
US House of Representatives | 2, 6, §196 | Senate resolutions providing for inquiries and investigations shall contain a limit of cost of such
investigation, which limit shall not be exceeded except by vote of the Senate authorizing additional
amounts.
(Mar. 3, 1926, ch. 44, §1, 44 Stat. 162.)
[Release Point 118-70] | §196. Senate resolutions for investigations; limit of cost | 2024-07-12T00:00:00 | f7d8e7bcf9e4f9b89b5a00b71cd587758f319c07e2ca7a39c2e9e7ad8aa00572 |
US House of Representatives | 2, 6, §197 | The rate of compensation for any position under the appropriations now available for, or hereafter
made for, expenses of inquiries and investigations of the Senate or expenses of special and select
committees of the House of Representatives shall not exceed the rates fixed under chapter 51 and
subchapter III of chapter 53 of title 5, for positions with comparable duties; and the salary limitations
of $3,600 attached to appropriations heretofore made for expenses of inquiries and investigations of
the Senate or for expenses of special and select committees of the House of Representatives are
repealed.
(Feb. 9, 1937, ch. 9, title I, §1, 50 Stat. 9; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972.)
EDITORIAL NOTES
CODIFICATION
"Chapter 51 and subchapter III of chapter 53 of title 5" substituted in text for "the Classification Act of
1949" on authority of section 7(b) of Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 631, section 1 of which enacted
Title 5, Government Organization and Employees.
AMENDMENTS
1949—Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
STATUTORY NOTES AND RELATED SUBSIDIARIES
REPEALS
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by
Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655. | §197. Compensation of employees | 2024-07-12T00:00:00 | 270efbad5c4391da009a0430620aaed55256200cd6ae8b5af8a6f2d0562ff89f |
US House of Representatives | 2, 6, §198 | (a) Unless otherwise provided by the Congress, the two Houses shall—
(1) adjourn sine die not later than July 31 of each year; or
(2) in the case of an odd-numbered year, provide, not later than July 31 of such year, by
concurrent resolution adopted in each House by roll-call vote, for the adjournment of the two
Houses from that Friday in August which occurs at least thirty days before the first Monday in
September (Labor Day) of such year to the second day after Labor Day.
(b) This section shall not be applicable in any year if on July 31 of such year a state of war exists
pursuant to a declaration of war by the Congress.
(Aug. 2, 1946, ch. 753, title I, §132, 60 Stat. 831; Pub. L. 91–510, title IV, §461(b), Oct. 26, 1970, 84
Stat. 1193.)
EDITORIAL NOTES
AMENDMENTS
1970—Pub. L. 95–110, in amending section generally, incorporated existing subject matter in subsec.
(a)(1), substituted therein an adjournment date not later than July 31 of each year for prior provision for a date
not later than last day (Sundays excepted) in month of July in each year, added subsec. (a)(2), added subsec.
(b) which incorporated former exception to adjournment in time of war, and deleted another exception to
adjournment during national emergency proclaimed by the President.
STATUTORY NOTES AND RELATED SUBSIDIARIES
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EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91–510 effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of
Pub. L. 91–510, set out as a note under section 4301 of this title.
EFFECTIVE DATE
Section effective Jan. 2, 1947, see section 142 of act Aug. 2, 1946, ch. 753, title I, 60 Stat. 834. | §198. Adjournment | 2024-07-12T00:00:00 | d813066f64b252eac52b57a137e56b487d17c0a2aa2a791a9d0e9199ee7dbf59 |
US House of Representatives | 2, 6, §199 | Senate; recommendation process; applicability
(a) Any provision of law which provides that any member of a commission, board, committee,
advisory group, or similar body is to be appointed by the President pro tempore of the Senate shall be
construed to require that the appointment be made—
(1) upon recommendation of the Majority Leader of the Senate, if such provision of law
specifies that the appointment is to be made on the basis of the appointee's affiliation with the
majority political party,
(2) upon the recommendation of the Minority Leader of the Senate, if such provision of law
specifies that the appointment is to be made on the basis of the appointee's affiliation with the
minority party, and
(3) upon the joint recommendation of the Majority Leader of the Senate and the Minority
Leader of the Senate, if such provision of law does not specify that the appointment is to be made
on the appointee's affiliation with the majority or minority political party.
(b) The provisions of subsection (a) shall be applicable in the case of appointments made after
December 22, 1980, pursuant to provisions of law enacted on, before, and after, December 22, 1980. | §199. Member of commission, board, etc., appointed by President pro tempore of | 1980-12-22T00:00:00 | bd286b2545006201de85e46620e81e90d1e7bcdefd747041154ff9a1eac90f5d |
US House of Representatives | 2, 9, §271 | There shall be in the Senate an office to be known as the Office of the Legislative Counsel, and to
be under the direction of the Legislative Counsel of the Senate.
(Feb. 24, 1919, ch. 18, title XIII, §1303(a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, title XI, §1101,
43 Stat. 353.)
EDITORIAL NOTES
CODIFICATION
As originally enacted, section provided for creation of an office of the legislative counsel to be under the
direction of two legislative counsels. In view of nonapplicability of section to Speaker, employee, etc., of the
House of Representatives pursuant to section 531 of Pub. L. 91–510, set out as a note under section 281 of this
title, section has been revised to limit applicability to Senate and creation therein of Office of Legislative
Counsel. See section 281 of this title for provisions establishing Office of the Legislative Counsel for the
House of Representatives and section 282 of this title for provisions vesting management, etc., in the
Legislative Counsel.
STATUTORY NOTES AND RELATED SUBSIDIARIES
APPROPRIATIONS
Act Aug. 2, 1946, ch. 753, §204, 60 Stat. 837, provided: "There is hereby authorized to be appropriated for
the work of the Office of the Legislative Counsel the following sums:
"(1) For the fiscal year ending June 30, 1947, $150,000;
"(2) For the fiscal year ending June 30, 1948, $200,000;
"(3) For the fiscal year ending June 30, 1949, $250,000;
"(4) For the fiscal year ending June 30, 1950, $250,000; and
"(5) For each fiscal year thereafter such sums as may be necessary to carry on the work of the Office."
[Section 204 of act Aug. 2, 1946, set out above, was made effective Aug. 2, 1946, by section 245 of act
Aug. 2, 1946, set out as a note under section 4301 of this title.] | §271. Establishment | 1950-06-30T00:00:00 | 6bee274cb7cd97dde9f47191c9337618530dbedf1ae66ea08a7e41631aaf910e |
US House of Representatives | 2, 9, §272 | The Legislative Counsel shall be appointed by the President pro tempore of the Senate, without
reference to political affiliations and solely on the ground of fitness to perform the duties of the
office.
(Feb. 24, 1919, ch. 18, title XIII, §1303(a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, title XI, §1101,
43 Stat. 353; Sept. 20, 1941, ch. 412, title VI, §602, 55 Stat. 726.)
EDITORIAL NOTES
CODIFICATION
Provisions authorizing appointment of a legislative counsel for the House of Representatives by the Speaker
were omitted in view of nonapplicability of section to Speaker, employee, etc., of the House of
Representatives pursuant to section 531 of Pub. L. 91–510, set out as a note under section 281 of this title. See
section 282 of this title for provisions authorizing appointment, etc., of Legislative Counsel of the House of
Representatives.
AMENDMENTS
1941—Act Sept. 20, 1941, substituted "President pro tempore of the Senate" for "President of the Senate." | §272. Legislative Counsel | 1924-06-02T00:00:00 | 172aa0e0a1832eb90592b8e9abbc865c159310ee8c1d397ef55dcd002e20c639 |
US House of Representatives | 2, 9, §273 | The Legislative Counsel of the Senate shall be paid at an annual rate of compensation of $40,000.
[Release Point 118-70]
(Feb. 24, 1919, ch. 18, title XIII, §1303(d), as added June 2, 1924, ch. 234, title XI, §1101, 43 Stat.
353; amended June 18, 1940, ch. 396, §1, 54 Stat. 472; Sept. 20, 1941, ch. 412, title VI, §602, 55
Stat. 726; Oct. 15, 1949, ch. 695, §6(c), 63 Stat. 881; Aug. 5, 1955, ch. 568, §§9, 101, 69 Stat. 509,
514; Pub. L. 85–75, July 1, 1957, 71 Stat. 250; Pub. L. 88–426, title II, §203(g), Aug. 14, 1964, 78
Stat. 415; Pub. L. 93–371, §4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94–59, title I, §105, July 25,
1975, 89 Stat. 275; Pub. L. 116–94, div. E, title II, §212(a)(3)(A), (H), Dec. 20, 2019, 133 Stat. 2775,
2776.)
EDITORIAL NOTES
CODIFICATION
Provisions setting forth authority for the allocation of the positions of legislative counsel to the appropriate
grade in the compensation schedules of section 1112 of former Title 5 and the setting of rates of compensation
thereunder by the President pro tempore of the Senate and the Speaker of the House of Representatives and
prescribing the annual rate of compensation of the Legislative Counsel of the House of Representatives as an
amount equal to $15,000, increased by an amount which is the same percentage of $15,000 as the percentage
set forth in section 4(c) of the Federal Employees Salary Increase Act of 1955 were omitted in view of
nonapplicability of section to Speaker, employee, etc., of the House of Representatives pursuant to section 531
of Pub. L. 91–510, set out as a note under section 281 of this title. See section 282b of this title for provisions
setting forth compensation of Legislative Counsel of House of Representatives.
AMENDMENTS
2019—Pub. L. 116–94, §212(a)(3)(H), repealed Pub. L. 88–426, §203(g). See 1964 Amendment note
below.
Pub. L. 116–94, §212(a)(3)(A), repealed Pub. L. 94–59, §105. See 1975 Amendment note below.
1975—Pub. L. 94–59, which substituted "an annual rate of compensation of $40,000" for "a gross annual
compensation of $38,760 per annum" as the rate of compensation of the Legislative Counsel of the Senate,
effective July 1, 1975, was repealed by Pub. L. 116–94, §212(a)(3)(A). See above.
1974—Pub. L. 93–371 substituted provisions authorizing the Legislative Counsel of the Senate to be paid at
an annual rate of compensation of $38,760, for provisions setting forth the gross annual compensation of the
Legislative Counsel as $27,500 per annum, effective July 1, 1974.
1964—Pub. L. 88–426, which provided that the compensation of the Legislative Counsel of the Senate shall
be at the rate of $27,500 per annum, was repealed by Pub. L. 116–94, §212(a)(3)(H). See above.
1957—Pub. L. 85–75 increased the gross compensation of the Legislative Counsel of the Senate from
$15,500 to $17,500 per annum, effective July 1, 1957.
1955—Act Aug. 5, 1955, increased the compensation of the Legislative Counsel of the Senate from a basic
compensation of $12,000, to a gross annual compensation of $15,500, and the compensation of the Legislative
Counsel of the House was increased from a basic compensation of $12,000 to an annual rate of compensation
of $15,000 increased by the percentage set forth in section 4(c) of the Federal Employees Salary Increase Act
of 1955.
1949—Act Oct. 15, 1949, increased the compensation of the Legislative Counsel of both House and the
Senate from $10,000 to $12,000 per annum.
1941—Act Sept. 20, 1941, substituted "President pro tempore of the Senate" for "President of the Senate".
1940—Act June 18, 1940, provided that thereafter the compensation of the Legislative Counsel of the
Senate shall be at the rate of $10,000 per annum so long as the present incumbent held the position.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2019 AMENDMENT
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period
beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec.
20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Pub. L. 93–371, §4, Aug. 13, 1974, 88 Stat. 429, provided in part that: "This paragraph [referred to here as
section 4 of Pub. L. 93–371, see Tables for classification] is effective July 1, 1974."
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EFFECTIVE DATE OF 1949 AMENDMENT
Act Oct. 15, 1949, ch. 695, §9, 63 Stat. 882, provided that: "This Act shall take effect on the first day of the
first pay period which begins after the date of enactment of this Act [Oct. 15, 1949]."
REPEALS
Act Mar. 10, 1928, ch. 167, §23(a), 45 Stat. 279, formerly cited as a credit to this section, was repealed by
Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 647.
1974 ADJUSTMENT IN COMPENSATION NOT TO SUPERSEDE ADJUSTMENTS IN
COMPENSATION OR LIMITATIONS BY PRESIDENT PRO TEMPORE OF THE SENATE
Pub. L. 93–371, §4, Aug. 13, 1974, 88 Stat. 429, eff. July 1, 1974, provided in part that: "This paragraph
does not supersede (1) any provision of an order of the President pro tempore of the Senate authorizing a
higher rate of compensation, and (2) any authority of the President pro tempore to adjust rates of
compensation or limitations referred to in this paragraph under section 4 of the Federal Pay Comparability Act
of 1970 [2 U.S.C. 4571]."
INCREASES IN COMPENSATION
Increases in compensation for officers and employees of the Senate under authority of the Federal Pay
Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of the President pro tempore of the Senate,
set out as notes under section 4571 of this title. | §273. Compensation | 1974-07-01T00:00:00 | b14a962dbf0feee9a6690010725754a74d974cd1fefd4cb92dd7a387e85421fb |
US House of Representatives | 2, 9, §274 | The Legislative Counsel shall, subject to the approval of the President pro tempore of the Senate,
employ and fix the compensation of such Assistant Counsel, clerks, and other employees, and
purchase such furniture, office equipment, books, stationery, and other supplies, as may be necessary
for the proper performance of the duties of the Office and as may be appropriated for by Congress.
(Feb. 24, 1919, ch. 18, title XIII, §1303(a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, title XI, §1101,
43 Stat. 353; Sept. 20, 1941, ch. 412, title VI, §602, 55 Stat. 726.)
EDITORIAL NOTES
CODIFICATION
As originally enacted, section also provided for legislative counsel of House of Representatives, subject to
approval of Speaker, to employ and fix the compensation of assistant counsel, clerks, etc. In view of
nonapplicability of section to Speaker, employee, etc., of the House of Representatives pursuant to section 531
of Pub. L. 91–510, set out as a note under section 281 of this title, section has been revised to limit
applicability to authority of Legislative Counsel of the Senate. See section 282a et seq. of this title for
provisions relating to appointment of staff, etc., for Office of Legislative Counsel of the House of
Representatives.
AMENDMENTS
1941—Act Sept. 20, 1941, substituted "President pro tempore of the Senate" for "President of the Senate".
STATUTORY NOTES AND RELATED SUBSIDIARIES
DESIGNATION OF DEPUTY LEGISLATIVE COUNSEL
Pub. L. 106–57, title I, §6, Sept. 29, 1999, 113 Stat. 412, provided that: "The Legislative Counsel may,
subject to the approval of the President pro tempore of the Senate, designate one of the Senior Counsels
appointed under section 102 of the Legislative Branch Appropriation Act, 1979 (2 U.S.C. 274 note; Public
Law 95–391; 92 Stat. 771) as Deputy Legislative Counsel. The Deputy Legislative Counsel shall perform the
functions of the Legislative Counsel during the absence or disability of the Legislative Counsel, or when the
office is vacant."
SENIOR COUNSEL
Pub. L. 85–75, July 1, 1957, 71 Stat. 251, provided in part that: "No more than three employees in the
[Release Point 118-70]
Office of the Legislative Counsel of the Senate may be designated as Senior Counsel, whose compensation
shall be $15,500 gross per annum each."
ADDITIONAL SENIOR COUNSEL
Pub. L. 95–391, title I, §102, Sept. 30, 1978, 92 Stat. 771, provided that: "Effective October 1, 1978, the
number of employees in the Office of the Legislative Counsel of the Senate who may be designated as, and
receive the compensation of, a Senior Counsel is increased to five."
Pub. L. 88–248, Dec. 30, 1963, 77 Stat. 804, provided in part: "That effective July 1, 1963, one additional
employee in the Office of the Legislative Counsel of the Senate may be designated as Senior Counsel, and the
compensation of the additional employee so designated shall be equal to the gross per annum rate presently
authorized for other employees so designated."
INCREASES IN COMPENSATION OF FOUR SENIOR COUNSELS
Pub. L. 94–59, title I, §105, July 25, 1975, 89 Stat. 275, eff. July 1, 1975, which provided in part that the
four Senior Counsels in the Office of the Legislative Counsel of the Senate shall each be paid at an annual rate
of compensation of $39,000, was repealed by Pub. L. 116–94, div. E, title II, §212(a)(3)(A), Dec. 20, 2019,
133 Stat. 2775.
Pub. L. 93–371, §4, Aug. 13, 1974, 88 Stat. 429, eff. July 1, 1974, provided in part that the four Senior
Counsels in the Office of the Legislative Counsel of the Senate shall each be paid at an annual rate of
compensation of $37,620.
1974 ADJUSTMENT IN COMPENSATION NOT TO SUPERSEDE ADJUSTMENTS IN
COMPENSATION OR LIMITATIONS BY PRESIDENT PRO TEMPORE OF THE SENATE
Adjustment in compensation by Pub. L. 93–371 not to supersede order of President pro tempore of the
Senate authorizing higher rate of compensation or any authority of the President pro tempore to adjust rates of
compensation or limitations under section 4 of the Federal Pay Comparability Act of 1970, see section 4 of
Pub. L. 93–371, set out in part as a note under section 273 of this title.
INCREASES IN COMPENSATION
Increases in compensation for officers and employees of the Senate under authority of the Federal Pay
Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of the President pro tempore of the Senate,
set out as notes under section 4571 of this title. | §274. Staff; office equipment and supplies | 1974-07-01T00:00:00 | c579a01877de7f5d87e3643a3a43d9ae3637bde1a29571dfcffa5acb69fa2b1a |
US House of Representatives | 2, 9, §275 | The Office of the Legislative Counsel shall aid in drafting public bills and resolutions or
amendments thereto on the request of any committee of the Senate but the Committee on Rules and
Administration of the Senate may determine the preference, if any, to be given to such requests of
the committees. The Legislative Counsel shall, from time to time, prescribe rules and regulations for
the conduct of the work of the Office for the committees, subject to the approval of such Committee
on Rules and Administration.
(Feb. 24, 1919, ch. 18, title XIII, §1303(b), (d), 40 Stat. 1141; June 2, 1924, ch. 234, title XI, §1101,
43 Stat. 353; Aug. 2, 1946, ch. 753, title I, §§102, 121, 60 Stat. 814, 822.)
EDITORIAL NOTES
CODIFICATION
Provisions setting forth functions of office of legislative counsel with respect to the House of
Representatives and the committees thereof were omitted in view of nonapplicability of section to Speaker,
employee, etc., of the House of Representatives pursuant to section 531 of Pub. L. 91–510, set out as a note
under section 281 of this title. See section 281b of this title for functions of Office of Legislative Counsel of
House of Representatives.
AMENDMENTS
1946—Act Aug. 2, 1946, substituted "Committee on Rules and Administration" for "Library Committee of
the Senate" and "Committee on House Administration" for "Library Committee of the House of
Representatives".
[Release Point 118-70]
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1946 AMENDMENT
Act Aug. 2, 1946, ch. 753, title I, §142, 60 Stat. 834, provided that the amendment made by that act is
effective Jan. 2, 1947. | §275. Functions | 1924-06-02T00:00:00 | 0373101abc3884cf77606d5dfb71d97a05c0a70020bb184937f06c0a5f20bf8e |
US House of Representatives | 2, 9, §276 | All appropriations for the Office of the Legislative Counsel shall be disbursed by the Secretary of
the Senate.
(Feb. 24, 1919, ch. 18, title XIII, §1303(c), (d), 40 Stat. 1142; June 2, 1924, ch. 234, title XI, §1101,
43 Stat. 353.)
EDITORIAL NOTES
CODIFICATION
As originally enacted, section provided for disbursement of one-half of appropriations for office of
legislative counsel by Secretary of Senate and one-half by Clerk of House of Representatives. In view of
nonapplicability of section to Speaker, employee, etc., of the House of Representatives pursuant to section 531
of Pub. L. 91–510, set out as a note under section 281 of this title, section has been revised to limit application
to Office of the Legislative Counsel of the Senate. See section 282c of this title for provisions relating to
expenditures by Legislative Counsel of the House of Representatives. | §276. Disbursement of appropriations | 1924-06-02T00:00:00 | 51f9c5cc6b218343fb9fb4c910e58bfd50616a7d9bba6722ebf1b0bbf02d11a0 |
US House of Representatives | 2, 9, §281 | There is established in the House of Representatives an office to be known as the Office of the
Legislative Counsel, referred to hereinafter in this subchapter as the "Office".
(Pub. L. 91–510, title V, §501, Oct. 26, 1970, 84 Stat. 1201.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Subchapter effective Oct. 26, 1970, see section 601(5) of Pub. L. 91–510, set out as an Effective Date of
1970 Amendment note under section 4301 of this title.
TRANSFER OF FUNCTIONS; NONAPPLICABILITY OF SECTIONS 271 TO 277 TO THE HOUSE
Pub. L. 91–510, title V, §531, Oct. 26, 1970, 84 Stat. 1203, provided that anyone serving as Legislative
Counsel on Oct. 26, 1970 would continue as Legislative Counsel in accordance with this subchapter, and that
all personnel, positions, property, records, and unexpended balances of appropriations of or for that part of the
Office of the Legislative Counsel established under sections 271 to 277 of this title employed or held in or for
the House of Representatives would be transferred to the Office established under this subchapter and,
effective Oct. 26, 1970, those sections were without further appicability. | §281. Establishment | 2024-07-12T00:00:00 | c13fb5f2ad7376a27a128168e4e9a6104fdd96b55ea4244fd8a98dbfacd7909b |
US House of Representatives | 2, 9, §282 | 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. | §282. Legislative Counsel | 2024-07-12T00:00:00 | 48420f09cc288d433a2b71c7b7fe6b85d19c72c13728df9ed7e46002420a85a7 |
US House of Representatives | 2, 9, §285 | There is established in the House of Representatives an office to be known as the Office of the
Law Revision Counsel, referred to hereinafter in this chapter as the "Office".
(Pub. L. 93–554, title I, ch. III, §101, Dec. 27, 1974, 88 Stat. 1777.)
EDITORIAL NOTES
CODIFICATION
Section is based on section 205(a) of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974,
which was enacted into permanent law by Pub. L. 93–554.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777, provided that the enactment of House
Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, into permanent law is effective on Jan. 2, 1975. This
chapter is derived from enactment into permanent law of section 205 of House Resolution No. 988. | §285. Establishment | 2024-07-12T00:00:00 | b54b608fd4dde733994fd103dad3e0c3d2e120b32234fe6b3baaec5f78084f23 |
US House of Representatives | 2, 9, §287 | [Release Point 118-70]
There is hereby established in the House of Representatives an office to be known as the Office of
the Parliamentarian, hereinafter in this chapter referred to as the "Office".
(Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668.)
EDITORIAL NOTES
CODIFICATION
Section is based on section 1 of House Resolution No. 502, Ninety-fifth Congress, Apr. 20, 1977, which
was enacted into permanent law by Pub. L. 95–94.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section 6 of House Resolution No. 502, Apr. 20, 1977, as enacted into permanent law by section 115 of
Pub. L. 95–94, provided that: "This resolution [this chapter] shall take effect as of March 1, 1977, and shall
continue in effect until otherwise provided by law." | §287. Establishment | 1977-03-01T00:00:00 | e72feaf5e9a39fbe8bbd3d931298ecf7dcbb9c00b296e83a4c4c7844c4718942 |
US House of Representatives | 2, 9, §288 | (a) Establishment; appointment of Counsel and Deputy Counsel; Senate approval;
reappointment; compensation
(1) There is established, as an office of the Senate, the Office of Senate Legal Counsel (hereinafter
referred to as the "Office"), which shall be headed by a Senate Legal Counsel (hereinafter referred to
as the "Counsel"); and there shall be a Deputy Senate Legal Counsel (hereinafter referred to as the
"Deputy Counsel") who shall perform such duties as may be assigned to him by the Counsel and
who, during any absence, disability, or vacancy in the position of the Counsel, shall serve as Acting
Senate Legal Counsel.
(2) The Counsel and the Deputy Counsel each shall be appointed by the President pro tempore of
the Senate from among recommendations submitted by the majority and minority leaders of the
Senate. Any appointment made under this paragraph shall be made without regard to political
affiliation and solely on the basis of fitness to perform the duties of the position. Any person
appointed as Counsel or Deputy Counsel shall be learned in the law, a member of the bar of a State
or the District of Columbia, and shall not engage in any other business, vocation, or employment
during the term of such appointment.
(3)(A) Any appointment made under paragraph (2) shall become effective upon approval by
resolution of the Senate. The Counsel and the Deputy Counsel shall each be appointed for a term of
service which shall expire at the end of the Congress following the Congress during which the
[Release Point 118-70]
Counsel or Deputy Counsel, respectively, is appointed except that the Senate may, by resolution,
remove either the Counsel or the Deputy Counsel prior to the termination of any term of service. The
Counsel and the Deputy Counsel may be reappointed at the termination of any term of service.
(B) The first Counsel and the first Deputy Counsel shall be appointed, approved, and begin service
within ninety days after January 3, 1979, and thereafter the Counsel and Deputy Counsel shall be
appointed, approved, and begin service within thirty days after the beginning of the session of the
Congress immediately following the termination of a Counsel's or Deputy Counsel's term of service
or within sixty days after a vacancy occurs in either position.
(b) Assistant counsels and other personnel; compensation; appointment; removal
(1) The Counsel shall select and fix the compensation of such Assistant Senate Legal Counsels
(hereinafter referred to as "Assistant Counsels") and of such other personnel, within the limits of
available funds, as may be necessary to carry out the provisions of this chapter and may prescribe the
duties and responsibilities of such personnel. Any selection made under this paragraph shall be made
without regard to political affiliation and solely on the basis of fitness to perform the duties of the
position. Any individual selected as an Assistant Counsel shall be learned in the law, a member of
the bar of a State or the District of Columbia, and shall not engage in any other business, vocation, or
employment during his term of service. The Counsel may remove any individual appointed under
this paragraph.
(2) For purposes of pay (other than the rate of pay of the Counsel and Deputy Counsel) and
employment benefits, right, and privileges, all personnel of the Office shall be treated as employees
of the Senate.
(c) Consultants
In carrying out the functions of the Office, the Counsel may procure the temporary (not to exceed
one year) or intermittent services of individual consultants (including outside counsel), or
organizations thereof, in the same manner and under the same conditions as a standing committee of
the Senate may procure such services under section 4301(i) of this title.
(d) Policies and procedures
The Counsel may establish such policies and procedures as may be necessary to carry out the
provisions of this chapter.
(e) Delegation of duties
The counsel may delegate authority for the performance of any function imposed by this chapter
1
except any function imposed upon the Counsel under section 288e(b) of this title.
(f) Attorney-client relationship
The Counsel and other employees of the Office shall maintain the attorney-client relationship with
respect to all communications between them and any Member, officer, or employee of the Senate.
(Pub. L. 95–521, title VII, §701, Oct. 26, 1978, 92 Stat. 1875; Pub. L. 116–94, div. E, title II, | §288. Office of Senate Legal Counsel | 1979-01-03T00:00:00 | c858cc31d84e8b12537b043a0aa3a35a3cd3a650bd65f77a0f2d55dfc42a1196 |
US House of Representatives | 2, 10, §291 | It is the purpose of this chapter to provide a classification system for the equitable establishment
and adjustment of rates of compensation for, and for the efficient utilization of personnel in, certain
positions under the House of Representatives to which this chapter applies, through—
(1) the creation and maintenance of orderly and equitable compensation relationships for such
positions—
(A) in accordance with the principle of equal pay for substantially equal work, and
(B) with due regard to (i) differences in the levels of difficulty, responsibility, and
qualification requirements of the work, (ii) the kind of work performed, (iii) satisfactory
performance, and (iv) length of service;
(2) the application of appropriate position standards and position descriptions for such
positions; and
(3) the adoption of organization and position titles in the House which accurately reflect the
respective functions, duties, and responsibilities of those organizations and positions in the House
to which this chapter applies.
(Pub. L. 88–652, §2, Oct. 13, 1964, 78 Stat. 1079.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78
Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
[Release Point 118-70]
EFFECTIVE DATE
Pub. L. 88–652, §17, Oct. 13, 1964, 78 Stat. 1084, provided that: "This Act [enacting this chapter and
amending sections 88c and 4131 of this title] shall become effective on January 1, 1965."
SHORT TITLE
Pub. L. 88–652, §1, Oct. 13, 1964, 78 Stat. 1079, provided that: "This Act [see Tables for classification]
may be cited as the 'House Employees Position Classification Act'."
SAVINGS PROVISION
Pub. L. 88–652, §15, Oct. 13, 1964, 78 Stat. 1084, provided that:
"(a) Notwithstanding any provision of this Act [this chapter], the aggregate (gross) rate of compensation of
any employee immediately prior to the effective date of this Act [Jan. 1, 1965] shall not be reduced by reason
of the enactment of this Act.
"(b) For the purposes of applicable law relating to the payment to any individual of compensation from
more than one civilian office or position, each employee of the House to whom this Act applies who,
immediately prior to the effective date of this Act—
"(1) is receiving basic compensation from more than one civilian office or position and
"(2) is in compliance with such law
shall be held and considered to be in compliance with such law on and after such effective date,
notwithstanding the enactment of this Act, so long as such employee continues to receive, without break in
service of more than thirty days, the same or lower rate of basic compensation in a position to which this Act
does not apply." | §291. Congressional declaration of purpose | 1965-01-01T00:00:00 | 4e40d45f24c7fe3a44716e4c3a4ef0a5d9bb83a9a45c2e59ee838eb3efb58717 |
US House of Representatives | 2, 10, §292 | This chapter shall apply to—
(1) all positions under the Clerk, the Sergeant at Arms, the Chief Administrative Officer, and
the Inspector General of the House of Representatives, except the positions of telephone operator
and positions on the United States Capitol Police force;
(2) the position of minority pair clerk in the House;
(3) all positions under the House Recording Studio; and
(4) all positions under the House Radio and Television Correspondents' Gallery and the House
Periodical Press Gallery.
(Pub. L. 88–652, §3, Oct. 13, 1964, 78 Stat. 1079; Pub. L. 104–53, title I, §108(1), Nov. 19, 1995,
109 Stat. 522.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78
Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of
this title and Tables.
AMENDMENTS
1995—Par. (1). Pub. L. 104–53 substituted "Chief Administrative Officer, and the Inspector General" for
"Doorkeeper, and the Postmaster,".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this
title.
[Release Point 118-70] | §292. Positions affected | 2024-07-12T00:00:00 | 0400a20e348570ccc692ad71f418906aa12be55e055fd649ec87b6fa75dd7fb4 |
US House of Representatives | 2, 10, §293 | (a)(1) The Committee on House Oversight of the House of Representatives (hereinafter referred to
as the "committee") shall establish and maintain, and, from time to time, may revise, for positions to
which this chapter applies (other than positions within the purview of subsection (b) of this section
the compensation for which is fixed and adjusted from time to time in accordance with prevailing
rates), a compensation schedule of per annum rates, which shall be known as the "House Employees
Schedule" and for which the symbol shall be "HS", subject to the following provisions:
(A) Such schedule shall be composed of such number of compensation levels as the committee
deems appropriate.
(B) Each compensation level shall consist of twelve compensation steps.
(C) The per annum rate of compensation for each compensation step of each compensation
level shall be in such amount as the committee deems appropriate, except that the per annum rate
of compensation for the maximum compensation step of the highest compensation level shall not
exceed the maximum rate of compensation authorized by chapter 51 and subchapter III of chapter
53 of title 5.
(2) The rates of compensation for such positions shall be in accordance with such schedule.
(b) The committee shall establish and maintain, and, from time to time, may revise, for positions
under the Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Inspector General
of the House of Representatives, the compensation for which, in the judgment of the committee,
should be fixed and adjusted from time to time in accordance with prevailing rates, a compensation
schedule providing for per annum or per hour rates, or both, established in accordance with
prevailing rates and consisting of such number of compensation levels and steps as the committee
deems appropriate, which shall be known as the "House Wage Schedule" and for which the symbol
shall be "HWS". The rates of compensation for such positions shall be in accordance with such
schedule. Notwithstanding any other provision of this chapter, for purposes of applying the
adjustment made by the committee under this subsection for 2002 and each succeeding year (other
than any period during which a memorandum of understanding described in section 2168(a) of this
title is in effect), positions under the Chief Administrative Officer shall include positions of the
United States Capitol telephone exchange under the Chief Administrative Officer.
(Pub. L. 88–652, §4, Oct. 13, 1964, 78 Stat. 1079; Pub. L. 104–53, title I, §108(2), Nov. 19, 1995,
109 Stat. 522; Pub. L. 104–186, title II, §209(1), Aug. 20, 1996, 110 Stat. 1743; Pub. L. 107–68, title
III, §310, Nov. 12, 2001, 115 Stat. 592; Pub. L. 108–447, div. G, title II, §215(d), Dec. 8, 2004, 118
Stat. 3198.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78
Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of
this title and Tables.
AMENDMENTS
2004—Subsec. (b). Pub. L. 108–447 in last sentence substituted "succeeding year (other than any period
during which a memorandum of understanding described in section 2168(a) of this title is in effect)," for
"succeeding year,".
2001—Subsec. (b). Pub. L. 107–68 inserted at end "Notwithstanding any other provision of this chapter, for
purposes of applying the adjustment made by the committee under this subsection for 2002 and each
succeeding year, positions under the Chief Administrative Officer shall include positions of the United States
Capitol telephone exchange under the Chief Administrative Officer."
1996—Subsec. (a)(1). Pub. L. 104–186 substituted "House Oversight" for "House Administration".
1995—Subsec. (b). Pub. L. 104–53 substituted "Chief Administrative Officer, and the Inspector General"
for "Doorkeeper, and the Postmaster,".
[Release Point 118-70]
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Committee on House Oversight of House of Representatives changed to Committee on House
Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6,
1999.
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108–447 applicable with respect to fiscal year 2005 and each succeeding fiscal
year, see section 2168(f) of this title.
EFFECTIVE DATE
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this
title.
INCREASES IN COMPENSATION
Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967
(Pub. L. 90–206), Federal Pay Comparability Act of 1970 (Pub. L. 91–656), and Legislative Branch
Appropriations Act, 1988 (Pub. L. 100–202), see sections 4531 and 4532 of this title, and Salary Directives of
Speaker of the House, set out as notes under those sections.
§§293a to 293c. Omitted
Section 293a, Pub. L. 89–301, §11(c), Oct. 29, 1965, 79 Stat. 1120, required compensation of employees of
House of Representatives whose compensation is fixed under this chapter to be increased by amounts equal to
increases provided by section 60e–12(a) of this title.
Section 293b, Pub. L. 89–504, title III, §302(c), July 18, 1966, 80 Stat. 295, required compensation of
employees of House of Representatives whose compensation is fixed under this chapter to be increased by
amounts equal to increases provided by section 60e–13(a) of this title.
Section 293c, Pub. L. 90–206, title II, §214(c), Dec. 16, 1967, 81 Stat. 636, required compensation of
employees of House of Representatives whose compensation is fixed under this chapter to be increased by
amounts equal to increases provided by section 60e–14(a) of this title. | §293. Compensation schedules | 1966-07-18T00:00:00 | 1200f215ea3ce3c59518db6eb89fda8047197d1393ee872ecf9b0e962a9e3076 |
US House of Representatives | 2, 10, §294 | (a)(1) It shall be the duty of the committee to prescribe, revise, and (on a current basis) maintain
position standards which shall apply to positions (in existence on, or established after, January 1,
1965) under the House of Representatives to which this chapter applies.
(2) The position standards shall—
(A) provide for the separation of such positions into appropriate classes for pay and personnel
purposes on the basis of reasonable similarity with respect to types of positions, qualification
requirements of positions, and levels of difficulty and responsibility of work, and
(B) govern the placement of such positions in their respective appropriate compensation levels
of the appropriate compensation schedule.
(b)(1) Subject to review and approval by the committee, the Clerk, the Sergeant at Arms, the Chief
Administrative Officer, and the Inspector General of the House of Representatives, shall prepare,
revise, and (on a current basis) maintain, at such times and in such form as the committee deems
appropriate, position descriptions of the respective positions (in existence on, or established after,
January 1, 1965) under the House of Representatives to which this chapter applies which are under
their respective jurisdictions, including—
(A) with respect to the Clerk, positions under the House Recording Studio,
(B) with respect to the Sergeant at Arms, the position of minority pair clerk in the House, and
(C) with respect to the Chief Administrative Officer, positions under the House Radio and
[Release Point 118-70]
Television Correspondents' Gallery and the House Periodical Press Gallery.
(2) The position descriptions shall—
(A) describe in detail the actual duties, responsibilities, and qualification requirements of the
work of each of such positions,
(B) provide a position title for such position which accurately reflects such duties and
responsibilities, and
(C) govern the placement of such position in its appropriate class.
(c) The Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Inspector General
of the House of Representatives, shall transmit to the committee, at such times and in such form as
the committee deems appropriate, all position descriptions required by subsection (b) of this section
to be prepared, provided, and currently maintained by them, together with such other pertinent
information as the committee may require, in order that the committee shall have, at all times,
current information with respect to such position descriptions, the positions to which such
descriptions apply, and related personnel matters within the purview of this chapter. Such
information so transmitted shall be kept on file in the committee.
(d) Notwithstanding any other provision of this chapter, the committee shall have authority, which
may be exercised at any time in its discretion, to—
(1) conduct surveys and studies of all organization units, and the positions therein, to which this
chapter applies;
(2) ascertain on a current basis the facts with respect to the duties, responsibilities, and
qualification requirements of any position to which this chapter applies;
(3) prepare and revise the position description of any such position;
(4) place any such position in its appropriate class and compensation level;
(5) decide whether any such position is in its appropriate class and compensation level;
(6) change any such position from one class or compensation level to any other class or
compensation level whenever the facts warrant; and
(7) prescribe such organization and position titles as may be appropriate to carry out the
purposes of this chapter.
All such actions of the committee shall be binding on the House officer and organization unit
concerned and shall be the basis for payment of compensation and for other personnel benefits and
transactions until otherwise changed by the committee.
(Pub. L. 88–652, §5, Oct. 13, 1964, 78 Stat. 1080; Pub. L. 104–53, title I, §108(3), (4), Nov. 19,
1995, 109 Stat. 522; Pub. L. 104–186, title II, §209(2), Aug. 20, 1996, 110 Stat. 1743.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78
Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of
this title and Tables.
AMENDMENTS
1996—Subsec. (b)(1)(C). Pub. L. 104–186 substituted "Chief Administrative Officer" for "Doorkeeper".
1995—Subsec. (b)(1). Pub. L. 104–53 substituted "Chief Administrative Officer, and the Inspector
General" for "Doorkeeper, and the Postmaster".
Subsec. (c). Pub. L. 104–53 substituted "Chief Administrative Officer, and the Inspector General" for
"Doorkeeper, and the Postmaster,".
STATUTORY NOTES AND RELATED SUBSIDIARIES
[Release Point 118-70]
EFFECTIVE DATE
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this
title.
TRANSFER OF FUNCTIONS
Certain functions of Recording Studio and Officers of House of Representatives transferred to Director of
Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second
Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative
Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. | §294. Position standards and descriptions | 1965-01-01T00:00:00 | 9a5d506f84dab4d0e7bf8c6376f541b347c6d399b547800e2b240b4d935176ba |
US House of Representatives | 2, 10, §295 | The committee shall place each position (in existence on, or established after, January 1, 1965)
under the House of Representatives to which this chapter applies in its appropriate class, and in its
appropriate compensation level of the appropriate compensation schedule, in accordance with the
position standards and position descriptions provided for in section 294 of this title. The committee
is authorized, when circumstances so warrant, to change any such position from one class or
compensation level to another class or compensation level. All actions of the committee under this
section shall be binding on the House officer and organization unit concerned and shall be the basis
for payment of compensation and for other personnel benefits and transactions until otherwise
changed by the committee.
(Pub. L. 88–652, §6, Oct. 13, 1964, 78 Stat. 1081.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78
Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of
this title and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this
title. | §295. Placement of positions in compensation schedules | 1965-01-01T00:00:00 | 4b330cd6f7b1574c0924fa5aa9eb57f48b9fd896206958aadac185b33ddfb5b3 |
US House of Representatives | 2, 10, §296 | advancement
(a) Each employee in a compensation level of the House Employees Schedule (HS), who has not
attained the highest scheduled rate of compensation for the compensation level (HS level) in which
his position is placed, shall be advanced successively to the next higher step of such HS level, as
follows:
(1) to steps 2, 3, and 4, respectively—at the beginning of the first pay period following the
completion, without break in service of more than thirty months, of one year of satisfactory
service in the next lower step;
(2) to steps 5, 6, and 7, respectively—at the beginning of the first pay period following the
completion, without break in service of more than thirty months, of two years of satisfactory
service in the next lower step;
(3) to steps 8, 9, and 10, respectively—at the beginning of the first pay period following the
completion, without break in service of more than thirty months, of three years of satisfactory
service in the next lower step; and
[Release Point 118-70]
(4) to steps 11 and 12, respectively—at the beginning of the first pay period following the
completion, without break in service of more than thirty months, of five years of satisfactory
service in the next lower step.
(b) The receipt of an increase in compensation during any of the waiting periods of service
specified in subsection (a) of this section shall cause a new full waiting period of service to
commence for further step increases under such subsection.
(c) Any increase in compensation granted by law, or granted by reason of an increase made by the
committee in the rates of compensation of the House Employees Schedule, to employees within the
purview of subsection (a) of this section shall not be held or considered to be an increase in
compensation for the purposes of subsection (b) of this section.
(d) The benefit of successive step increases under subsection (a) of this section shall be preserved,
under regulations prescribed by the committee, for employees whose continuous service is
interrupted by service in the Armed Forces of the United States.
(e) The committee shall establish and maintain, and, from time to time, may revise, a system of
automatic advancement, by successive step increases in compensation, on the basis of satisfactory
service performed, without break in service of more than thirty months, for employees subject to the
House Wage Schedule (HWS). In the operation of such system of step increases the committee may
prescribe regulations to the effect that—
(1) the receipt of an increase in compensation during any of the waiting periods of service
required for advancement by step increases under such system shall cause a new full waiting
period of service to commence for further step increases under such system;
(2) any increase in compensation granted by law, or granted by reason of an increase made by
the committee in the rates of compensation of the House Wage Schedule, to employees within the
purview of such system of step increases shall not be held or considered to be an increase in
compensation for the purposes of subparagraph (1) of this subsection; and
(3) the benefit of successive step increases under such system of step increases shall be
preserved, under regulations prescribed by the committee, for employees whose continuous
service is interrupted by service in the Armed Forces of the United States.
(Pub. L. 88–652, §7, Oct. 13, 1964, 78 Stat. 1081.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this
title. | §296. Step increases; waiting periods; service in Armed Forces; automatic | 2024-07-12T00:00:00 | 36b9e56557ca02bf09609ac79f8b68a9273e9fe675d13930d42868a8f2e6fd88 |
US House of Representatives | 2, 10, §297 | (a) Each employee in a compensation level of the House Employees Schedule (HS), who is
appointed to a position in a higher compensation level of such schedule, or whose position is placed
in a higher compensation level of such schedule pursuant to a reclassification of such position, shall
be paid compensation in such higher compensation level, in accordance with the following
provisions, whichever is first applicable in the following numerical order of precedence:
(1) at the rate of the lowest step for which the rate of compensation equals the rate of
compensation for that step, in the compensation level from which he is appointed, which is two
steps above the step in such level which he had attained immediately prior to such appointment;
(2) at the rate of the lowest step for which the rate of compensation exceeds, by not less than
two steps of the compensation level from which he is appointed, his rate of compensation
immediately prior to such appointment; or
(3) at the rate of the highest step of such higher compensation level, or at his rate of
compensation immediately prior to such appointment, whichever rate is the higher.
[Release Point 118-70]
(b) The committee may provide by regulations for the payment of compensation, at an appropriate
compensation step determined in accordance with such regulations, to each employee subject to the
House Wage Schedule (HWS) who is appointed to a position in a higher compensation level of such
schedule or whose position is placed in a higher compensation level of such schedule pursuant to a
reclassification of such position.
(Pub. L. 88–652, §8, Oct. 13, 1964, 78 Stat. 1082.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this
title. | §297. Appointments and reclassifications to higher compensation levels | 2024-07-12T00:00:00 | 27868e73a1f5798b54a1b8c9abbcffaee4e141def072076a34d02bdcd81b73e4 |
US House of Representatives | 2, 10, §298 | Each employee in a position of a compensation level of the House Employees Schedule (HS) or
the House Wage Schedule (HWS), whose employment in such position and level is terminated and
who is reemployed, with or without break in service, in a position in a lower compensation level (HS
level or HWS level) of such schedule, or whose position is placed in a lower compensation level of
such schedule pursuant to a reclassification of such position, shall be placed by the committee in
such step of such lower compensation level as the committee deems appropriate.
(Pub. L. 88–652, §9, Oct. 13, 1964, 78 Stat. 1083.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this
title. | §298. Reductions in compensation level | 2024-07-12T00:00:00 | 82d95945f63be271a75f2948bad8c4a103ee289fcfc8e1420d89d2cac0950f29 |
US House of Representatives | 2, 10, §300 | 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
[Release Point 118-70]
may be paid out of the applicable accounts of the House of Representatives until otherwise provided
by law. An additional position of the kind to which this chapter applies shall not be established
without authorization of the committee.
(Pub. L. 88–652, §11, Oct. 13, 1964, 78 Stat. 1083; Pub. L. 104–186, title II, §209(3), Aug. 20, 1996,
110 Stat. 1743.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78
Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of
this title and Tables.
AMENDMENTS
1996—Pub. L. 104–186 substituted "applicable accounts" for "contingent fund".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this
title. | §300. Establishment of positions; payment from applicable accounts | 2024-07-12T00:00:00 | 86de34249b547712d6b080c26f8c98ab3746da3378015b3d0a7b3d879198b4a8 |
US House of Representatives | 2, 10, §301 | This chapter shall not be held or considered to change or otherwise affect—
(1) any authority to establish positions under the House of Representatives which are not within
the purview of this chapter, or
(2) any authority to make appointments to positions under the House of Representatives,
irrespective of whether such positions are within the purview of this chapter.
(Pub. L. 88–652, §12, Oct. 13, 1964, 78 Stat. 1083.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78
Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of
this title and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this
title. | §301. Preservation of existing appointing authorities | 2024-07-12T00:00:00 | cf273380d65e2ba0c1fabbff5f61086f0d6a185283f5da54e329a2abf869cbb8 |
US House of Representatives | 2, 10, §302 | The committee is authorized to prescribe such regulations as may be necessary to carry out the
purposes of this chapter.
(Pub. L. 88–652, §13, Oct. 13, 1964, 78 Stat. 1084.)
[Release Point 118-70]
Transferred.
335, 336.
Repealed.
334.
Omitted.
333a.
Transferred.
333.
Repealed.
332.
Transferred.
331.
Sec.
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 88–652, Oct. 13, 1964, 78
Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of
this title and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this
title. | §302. Regulations | 2024-07-12T00:00:00 | 9f5c278e91dab649aa2abcca3fecf04a9a109b534191ee6aeab06e362d249817 |
US House of Representatives | 2, 10, §303 | For the purposes of applicable law relating to the payment to any employee subject to the House
Employees Schedule or the House Wage Schedule of compensation from more than one civilian
office or position, the rate of basic compensation of each employee subject to any such schedule
shall be held and considered to be that rate which, when increased by additional compensation then
currently authorized by law for House employees generally, equals or most nearly equals the per
annum rate of compensation of such employee under such schedule.
(Pub. L. 88–652, §14, Oct. 13, 1964, 78 Stat. 1084.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this
title.
CHAPTER 10A—PAYROLL ADMINISTRATION IN HOUSE OF
REPRESENTATIVES | §303. Dual compensation | 2024-07-12T00:00:00 | 2f50eb06e587462777b761f48f487e5c7557a0bd483794d3474b16b6a5c1b085 |
US House of Representatives | 2, 11, §351 | There is hereby established a commission to be known as the Citizens' Commission on Public
Service and Compensation (hereinafter referred to as the "Commission").
(Pub. L. 90–206, title II, §225(a), Dec. 16, 1967, 81 Stat. 642; Pub. L. 101–194, title VII, §701(a),
Nov. 30, 1989, 103 Stat. 1763.)
EDITORIAL NOTES
AMENDMENTS
1989—Pub. L. 101–194 substituted "Citizens' Commission on Public Service and Compensation" for
"Commission on Executive, Legislative, and Judicial Salaries".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section
3110 of Title 5, Government Organization and Employees. | §351. Establishment | 2024-07-12T00:00:00 | 4b5ccb0bf6babe8b9e8235540b53838621cd07621f44249327406ca41ad3e26c |
US House of Representatives | 2, 11, §352 | (1) The Commission shall be composed of 11 members, who shall be appointed from private life
as follows:
(A) 2 appointed by the President of the United States;
(B) 1 appointed by the President pro tempore of the Senate, upon the recommendation of the
majority and minority leaders of the Senate;
(C) 1 appointed by the Speaker of the House of Representatives;
(D) 2 appointed by the Chief Justice of the United States; and
(E) 5 appointed by the Administrator of General Services in accordance with paragraph (4).
(2) No person shall serve as a member of the Commission who is—
(A) an officer or employee of the Federal Government;
(B) registered (or required to register) under the Federal Regulation of Lobbying Act; or
1
(C) a parent, sibling, spouse, child, or dependent relative, of anyone under subparagraph (A) or
(B).
(3) The persons appointed under subparagraphs (A) through (D) of paragraph (1) shall be selected
[Release Point 118-70]
without regard to political affiliation, and should be selected from among persons who have
experience or expertise in such areas as government, personnel management, or public
administration.
(4) The Administrator of General Services shall by regulation establish procedures under which
persons shall be selected for appointment under paragraph (1)(E). Such procedures—
(A) shall be designed in such a way so as to provide for the maximum degree of geographic
diversity practicable among members under paragraph (1)(E);
(B) shall include provisions under which those members shall be chosen by lot from among
names randomly selected from voter registration lists; and
(C) shall otherwise comply with applicable provisions of this section.
(5) The chairperson shall be designated by the President.
(6) A vacancy in the membership of the Commission shall be filled in the manner in which the
original appointment was made.
(7) Each member of the Commission shall be paid at the rate of $100 for each day such member is
engaged upon the work of the Commission and shall be allowed travel expenses, including a per
diem allowance, in accordance with section 5703 of title 5, when engaged in the performance of
services for the Commission.
(8)(A) The terms of office of persons first appointed as members of the Commission shall be for
the period of the 1993 fiscal year of the Federal Government, and shall begin not later than February
14, 1993.
(B) After the close of the 1993 fiscal year of the Federal Government, persons shall be appointed
as members of the Commission with respect to every fourth fiscal year following the 1993 fiscal
year. The terms of office of persons so appointed shall be for the period of the fiscal year with
respect to which the appointment is made, except that, if any appointment is made after the
beginning and before the close of any such fiscal year, the term of office based on such appointment
shall be for the remainder of such fiscal year.
(C)(i) Notwithstanding any provision of subparagraph (A) or (B), members of the Commission
may continue to serve after the close of a fiscal year, if the date designated by the President under
section 357 of this title (relating to the date by which the Commission is to submit its report to the
President) is subsequent to the close of such fiscal year, and only if or to the extent necessary to
allow the Commission to submit such report.
(ii) Notwithstanding any provision of section 353 of this title, authority under such section shall
remain available, after the close of a fiscal year, so long as members of the Commission continue to
serve.
(Pub. L. 90–206, title II, §225(b), Dec. 16, 1967, 81 Stat. 642; Pub. L. 99–190, §135(a), Dec. 19,
1985, 99 Stat. 1322; Pub. L. 101–194, title VII, §701(b), Nov. 30, 1989, 103 Stat. 1763.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Federal Regulation of Lobbying Act, referred to in par. (2)(B), is title III of act Aug. 2, 1946, ch. 753,
60 Stat. 839, which was classified generally to chapter 8A (§261 et seq.) of this title, prior to repeal by Pub. L.
104–65, §11(a), Dec. 19, 1995, 109 Stat. 701. For complete classification of this Act to the Code, see Tables.
AMENDMENTS
1989—Pub. L. 101–194 amended section generally, substituting pars. (1) to (8) for former pars. (1) to (5).
1985—Par. (3). Pub. L. 99–190 inserted "and with respect to fiscal year 1987" at end of first sentence.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section
[Release Point 118-70]
3110 of Title 5, Government Organization and Employees.
See References in Text note below.
1 | §352. Membership | 2024-07-12T00:00:00 | 64f9f0512aac3f56574ca74e56f1423e54f28b8177dfd72f375d57cb3d0efb31 |
US House of Representatives | 2, 11, §353 | agencies
(1) Without regard to the provisions of title 5 governing appointments in the competitive service,
and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to
classification and General Schedule pay rates, and on a temporary basis for periods covering all or
part of any fiscal year referred to in subparagraphs (A) and (B) of section 352(8) of this title—
(A) the Commission is authorized to appoint an Executive Director and fix his basic pay at the
rate provided for level V of the Executive Schedule by section 5316 of title 5; and
(B) with the approval of the Commission, the Executive Director is authorized to appoint and
fix the basic pay (at respective rates not in excess of the maximum rate of the General Schedule in
section 5332 of title 5) of such additional personnel as may be necessary to carry out the function
of the Commission.
(2) Upon the request of the Commission, the head of any department, agency, or establishment of
any branch of the Federal Government is authorized to detail, on a reimbursable basis, for periods
covering all or part of any fiscal year referred to in subparagraphs (A) and (B) of section 352(8) of
this title, any of the personnel of such department, agency, or establishment to assist the Commission
in carrying out its function.
(Pub. L. 90–206, title II, §225(c), Dec. 16, 1967, 81 Stat. 643; Pub. L. 101–194, title VII, §701(c),
Nov. 30, 1989, 103 Stat. 1764.)
EDITORIAL NOTES
AMENDMENTS
1989—Pub. L. 101–194 substituted "subparagraphs (A) and (B) of section 352(8) of this title" for "section
352(2) and (3) of this title" in pars. (1) and (2).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section
3110 of Title 5, Government Organization and Employees.
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable under specified sections of Title 5, Government
Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under
section 5376 of Title 5. | §353. Executive Director; additional personnel; detail of personnel of other | 2024-07-12T00:00:00 | b7b7ca499c6fe895b4bfd9b3eb475dfd9e6803ca971535958ccb6603ad1256ff |
US House of Representatives | 2, 11, §354 | The Commission may use the United States mails in the same manner and upon the same
conditions as other departments and agencies of the United States.
(Pub. L. 90–206, title II, §225(d), Dec. 16, 1967, 81 Stat. 643.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
[Release Point 118-70]
EFFECTIVE DATE
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section
3110 of Title 5, Government Organization and Employees. | §354. Use of United States mails | 2024-07-12T00:00:00 | 08d691b842afa44647558efb6680f3ac5a9c62a99181952be3cdb2b1d58f74af |
US House of Representatives | 2, 11, §355 | The Administrator of General Services shall provide administrative support services for the
Commission on a reimbursable basis.
(Pub. L. 90–206, title II, §225(e), Dec. 16, 1967, 81 Stat. 643.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section
3110 of Title 5, Government Organization and Employees. | §355. Administrative support services | 2024-07-12T00:00:00 | 4b30dadbf46f5da3d9a58da7839e618c7df892478c4d0e69030f4ab5d1c5b6d3 |
US House of Representatives | 2, 11, §356 | The Commission shall conduct, in each of the respective fiscal years referred to in subparagraphs
(A) and (B) of section 352(8) of this title, a review of the rates of pay of—
(A) the Vice President of the United States, Senators, Members of the House of
Representatives, the Resident Commissioner from Puerto Rico, the Speaker of the House of
Representatives, the President pro tempore of the Senate, and the majority and minority leaders of
the Senate and the House of Representatives;
(B) offices and positions in the legislative branch referred to in subsections (a), (b), (c), and (d)
of section 203 of the Federal Legislative Salary Act of 1964 (78 Stat. 415; Public Law 88–426);
(C) justices, judges, and other personnel in the judicial branch referred to in section 403 of the
Federal Judicial Salary Act of 1964 (78 Stat. 434; Public Law 88–426) except bankruptcy judges,
but including the judges of the United States Court of Federal Claims;
(D) offices and positions under the Executive Schedule in subchapter II of chapter 53 of title 5;
and
(E) the Governors of the Board of Governors of the United States Postal Service appointed
under section 202 of title 39.
Such review by the Commission shall be made for the purpose of determining and providing—
(i) the appropriate pay levels and relationships between and among the respective offices and
positions covered by such review, and
(ii) the appropriate pay relationships between such offices and positions and the offices and
positions subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, relating
to classification and General Schedule pay rates.
In reviewing the rates of pay of the offices or positions referred to in subparagraph (D) of this
section, the Commission shall determine and consider the appropriateness of the executive levels of
such offices and positions.
(Pub. L. 90–206, title II, §225(f), Dec. 16, 1967, 81 Stat. 643; Pub. L. 91–375, §6(a), Aug. 12, 1970,
84 Stat. 775; Pub. L. 94–82, title II, §206(a), Aug. 9, 1975, 89 Stat. 423; Pub. L. 95–598, title III, | §356. Functions | 2024-07-12T00:00:00 | ad85dd815156ed8c3afe5e6ed137954d9564030fd36ce4623554b830e8e8ad41 |
US House of Representatives | 2, 11, §357 | The Commission shall submit to the President a report of the results of each review conducted by
the Commission with respect to rates of pay for the offices and positions within the purview of
subparagraphs (A), (B), (C), and (D) of section 356 of this title, together with its recommendations.
Each such report shall be submitted on such date as the President may designate but not later than
December 15 next following the close of the fiscal year in which the review is conducted by the
Commission.
(Pub. L. 90–206, title II, §225(g), Dec. 16, 1967, 81 Stat. 644; Pub. L. 99–190, §135(c), Dec. 19,
1985, 99 Stat. 1322; Pub. L. 101–194, title VII, §701(e), Nov. 30, 1989, 103 Stat. 1764.)
EDITORIAL NOTES
AMENDMENTS
1989—Pub. L. 101–194 amended section catchline generally and in text substituted "Commission with
respect to rates of pay for" for "Commission of" and "December 15 next following the close of the fiscal year
in which the review is conducted by the Commission." for "December 15 of the fiscal year in which the
review is conducted by the Commission."
[Release Point 118-70]
1985—Pub. L. 99–190 substituted "December 15" for "January 1 next following the close".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section
3110 of Title 5, Government Organization and Employees.
1985 FISCAL YEAR RECOMMENDATIONS ON PAY RATES OF OFFICES AND POSITIONS
Pub. L. 99–190, §135(g), Dec. 19, 1985, 99 Stat. 1323, provided that notwithstanding section 357 of this
title, the Commission on Executive, Legislative, and Judicial Salaries should not make recommendations on
the pay rates of certain offices and positions under section 356 of this title in connection with rate reviews in
fiscal year 1985. | §357. Report by Commission to President with respect to pay | 2024-07-12T00:00:00 | bd806166a806ce6c065cb0296c8af93f7ddfea2cd8f98e564724c8cea7179dc3 |
US House of Representatives | 2, 11, §358 | (1) After considering the report and recommendations of the Commission submitted under section
357 of this title, the President shall transmit to Congress his recommendations with respect to the
exact rates of pay, for offices and positions within the purview of subparagraphs (A), (B), (C), and
(D) of section 356 of this title, which the President considers to be fair and reasonable in light of the
Commission's report and recommendations, the prevailing market value of the services rendered in
the offices and positions involved, the overall economic condition of the country, and the fiscal
condition of the Federal Government.
(2) The President shall transmit his recommendations under this section to Congress on the first
Monday after January 3 of the first calendar year beginning after the date on which the Commission
submits its report and recommendations to the President under section 357 of this title.
(Pub. L. 90–206, title II, §225(h), Dec. 16, 1967, 81 Stat. 644; Pub. L. 99–190, §135(d), Dec. 19,
1985, 99 Stat. 1322; Pub. L. 101–194, title VII, §701(f), Nov. 30, 1989, 103 Stat. 1765.)
EDITORIAL NOTES
AMENDMENTS
1989—Pub. L. 101–194 amended section generally. Prior to amendment, section read as follows: "The
President shall include, in the budget next transmitted under section 1105(a) of title 31 by him to the Congress
after the date of the submission of the report and recommendations of the Commission under section 357 of
this title, his recommendations with respect to the exact rates of pay which he deems advisable, for those
offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of section 356 of this title."
1985—Pub. L. 99–190 inserted reference to section 1105(a) of title 31, and struck out last sentence defining
"budget".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section
3110 of Title 5, Government Organization and Employees.
COMMISSION'S FIRST REPORT AFTER JULY 30, 1983, TO INCLUDE RECOMMENDATION
FOR APPROPRIATE SALARY FOR MEMBERS OF CONGRESS; PROHIBITION ON
RECEIPT OF HONORARIA
Pub. L. 98–63, title I, §908(e), July 30, 1983, 97 Stat. 338, which directed Commission on Executive,
Legislative, and Judicial Salaries to include in first report required to be submitted by it after July 30, 1983, a
recommendation for an appropriate salary for Members, which recommendation was to assume a prohibition
on receipt of honoraria by Members, was repealed by Pub. L. 102–90, title I, §6(c), Aug. 14, 1991, 105 Stat.
451.
[Release Point 118-70]
COMPENSATION AND EMOLUMENTS OF ATTORNEY GENERAL
Pub. L. 94–2, Feb. 18, 1975, 89 Stat. 4, provided in part that the compensation and other emoluments
attached to the Office of the Attorney General on and after Feb. 4, 1975, shall be those that on or after Feb. 18,
1975, attach to offices and positions at level I of the Executive Schedule (section 5312 of Title 5).
EXECUTIVE DOCUMENTS
RECOMMENDATIONS FOR INCREASES IN EXECUTIVE, LEGISLATIVE, AND JUDICIAL
SALARIES
TRANSMITTED TO CONGRESS JAN. 9, 1989
H.DOC. NO. 101–21, CONG. REC., VOL. 135, PT. 1, P. 251, JAN. 19, 1989
Dear Mr. Speaker: (Dear Mr. President:) 1
As required by section 225 of the Federal Salary Act of 1967, Public Law 90–206 (2 U.S.C. 351
.),
et seq
the latest Quadrennial Commission on Executive, Legislative, and Judicial Salaries ("Commission") has
submitted to me recommendations on salaries for Senators, Representatives, Federal judges, Cabinet officers,
and other agency heads, and certain other officials in the executive, legislative, and judicial branches.
The statute requires that, in the budget next submitted after receipt of the report of the Commission, I set
forth recommendations for adjustment of these salaries. Pursuant to section 225(i), as amended by section 135
of Public Law 99–190 [2 U.S.C. 359], these recommendations will be effective unless Congress disapproves
the recommendation by a joint resolution within 30 days following the transmittal of my budget.
The Commission's report, submitted to me on December 14, 1988, documented both the substantial erosion
in the real level of Federal executive pay that has occurred since 1969 and the recruitment and retention
problems that have resulted, especially for the Federal judiciary. The Commission is to be commended for its
diligent and conscientious effort to address the complicated and complex problems associated with Federal
pay levels.
The Commission found that Federal executives and legislators have experienced a decline of approximately
35 percent in real salaries since 1969. In contrast, the salaries of General Schedule employees have declined
by only 8 percent over the same period. The Commission's recommendations go a long way towards
compensating for this salary erosion, but they do not make up the full gap. For example, for an official at
Executive Level II, which is also the Congressional salary rate, the salary level adjusted for inflation since
1969 would be $140,340, while the Commission's recommendation is $135,000.
Every one of the Commissions that has met over the past 20 years concluded that a pay increase for key
Federal officials was necessary. Each Commission found that pay for senior Government officials fell far
behind that of their counterparts in the private sector. They also surmised that we cannot afford a Government
composed primarily of those wealthy enough to serve.
In accepting the Commission's salary recommendations, I recognize that we are under a mandate to reduce
the Federal deficit and hold the costs of Government to an absolute minimum. Thus, while I have decided to
propose a pay increase that accepts in full the salary recommendations made by the Commissioners in their
report to me last month, this proposal will not increase the deficit; the funding for the pay increase will be
fully absorbed within proposed budget levels.
This increase fulfills my promise made in January 1987, that, assuming continued progress toward
eliminating the deficit and favorable economic conditions, I would recommend another step toward
overcoming the erosion of real income.
While this represents a substantial increase in salaries, it is coupled with the salutary recommendation of a
ban on receipt of all honoraria in all branches of Government. Although my recommendation concerning
honoraria has no legal effect, I urge the swiftest possible consideration of this important reform. The
Commission further recommended that Congress enact legislation to bar officials in the three branches from
receiving honoraria. I endorse these recommendations of the Commission as an appropriate step toward better
government. A salary increase and a prohibition on receipt of honoraria together will help ensure that the
Government is able to attract and keep talented senior officials and that the questions that arise from outside
payments of honoraria are put to rest.
Accordingly, pursuant to subparagraphs (A), (B), (C), and (D) of section 225(f) and section 225(h) of
Public Law 90–206 (81 Stat. 643 and 644), as amended [2 U.S.C. 356(A)–(D), 358] [this section]:
[Release Point 118-70]
For the Vice President of the United States
$175,000
For offices and positions under the Executive Schedule in
subchapter II of chapter 53 of title 5, United States Code, as
follows:
Positions at level I
155,000
Positions at level II
135,000
Positions at level III
125,000
Positions at level IV
120,000
Positions at level V
115,000
For the Speaker of the House of Representatives
175,000
For the President Pro Tempore of the Senate, majority leader
and minority leader of the Senate, and majority leader and
minority leader of the House of Representatives
155,000
For Senators, Members of the House of Representatives,
Delegates to the House of Representatives, and the Resident
Commissioner from Puerto Rico
135,000
For other officers and positions in the legislative branch as
follows:
Comptroller General of the United States
135,000
Deputy Comptroller General of the United States, Librarian of
Congress, and Architect of the Capitol
125,000
General Counsel of the General Accounting Office, Deputy
Librarian of Congress, and Assistant Architect of the Capitol
120,000
For Justices, judges, and other personnel in the judicial branch
as follows:
Chief Justice of the United States
175,000
Associate Justices of the Supreme Court
165,000
Judges:
U.S. Courts of Appeals
140,000
Court of Military Appeals
140,000
U.S. District Courts
135,000
Court of International Trade
135,000
Tax Court of the United States
135,000
U.S. Claims Court
135,000
Sincerely,
RONALD REAGAN.
Editorial note
1
. This is the text of identical letters addressed to the Speaker of the House of
Representatives and the President of the Senate, which were transmitted on January 9, 1989.
[Pub. L. 101–1, Feb. 7, 1989, 103 Stat. 3, provided: "That the Congress disapproves in their entirety the
recommendations transmitted to the Congress by the President on January 9, 1989, under section 225(h) of the
Federal Salary Act of 1967."]
PRIOR SALARY RECOMMENDATIONS
A prior recommendation of the President for increases in executive, legislative, and judicial salaries, which
was transmitted to Congress on Jan. 5, 1987 (52 F.R. 4125; 101 Stat. 1967), was disapproved by Pub. L.
100–6, §3, Feb. 12, 1987, 101 Stat. 94. However, such recommendation became effective pursuant to section
359 of this title.
A prior recommendation of the President for increases in executive, legislative, and judicial salaries, which
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was transmitted to Congress on Jan. 7, 1981 (H.Doc. No. 97–6, Cong. Rec., vol. 127, pt. 1, p. 241, Jan. 9,
1981), was disapproved by House Resolution No. 109, Ninety-sixth Congress, Mar. 12, 1981, Senate
Resolution No. 89, Ninety-sixth Congress, Mar. 12, 1981, Senate Resolution No. 90, Ninety-sixth Congress,
Mar. 12, 1981, Senate Resolution No. 91, Ninety-sixth Congress, Mar. 12, 1981, and Senate Resolution No.
92, Ninety-sixth Congress, Mar. 12, 1981.
A prior recommendation of the President for increases in executive, legislative, and judicial salaries was
transmitted to Congress on Jan. 17, 1977 (42 F.R. 10297; 91 Stat. 1643).
A prior recommendation of the President for increases in executive, legislative, and judicial salaries was
transmitted to Congress on Jan. 15, 1969 (34 F.R. 2241; 83 Stat. 863). | §358. Recommendations of President with respect to pay | 1989-01-09T00:00:00 | e4cfa1d8f494abe90591ff4a743b810db8155341cef370a8b9cb81feed0f5fa9 |
US House of Representatives | 2, 11, §359 | (1) None of the President's recommendations under section 358 of this title shall take effect unless
approved under paragraph (2).
(2)(A) The recommendations of the President under section 358 of this title shall be considered
approved under this paragraph if there is enacted into law a bill or joint resolution approving such
recommendations in their entirety. This bill or joint resolution shall be passed by recorded vote to
reflect the vote of each Member of Congress thereon.
(B)(i) The provisions of this subparagraph are enacted by the Congress—
(I) as an exercise of the rulemaking power of the Senate and the House of Representatives and
as such shall be considered as part of the rules of each House, and shall supersede other rules only
to the extent that they are inconsistent therewith; and
(II) with full recognition of the constitutional right of either House to change the rules (so far as
they relate to the procedures of that House) at any time, in the same manner, and to the same
extent as in the case of any other rule of that House.
(ii) During the 60-calendar-day period beginning on the date that the President transmits his
recommendations to the Congress under section 358 of this title, it shall be in order as a matter of
highest privilege in each House of Congress to consider a bill or joint resolution, if offered by the
majority leader of such House (or a designee), approving such recommendations in their entirety.
(3) Except as provided in paragraph (4), any recommended pay adjustment approved under
paragraph (2) shall take effect as of the date proposed by the President under section 358 of this title
with respect to such adjustment.
(4)(A) Notwithstanding the approval of the President's pay recommendations in accordance with
paragraph (2), none of those recommendations shall take effect unless, between the date on which
the bill or resolution approving those recommendations is signed by the President (or otherwise
becomes law) and the earliest date as of which the President proposes (under section 358 of this title)
that any of those recommendations take effect, an election of Representatives shall have intervened.
(B) For purposes of this paragraph, the term "election of Representatives" means an election held
on the Tuesday following the first Monday of November in any even-numbered calendar year.
(Pub. L. 90–206, title II, §225(i), Dec. 16, 1967, 81 Stat. 644; Pub. L. 95–19, title IV, §401(a), Apr.
12, 1977, 91 Stat. 45; Pub. L. 99–190, §135(e), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101–194, title
VII, §701(g), Nov. 30, 1989, 103 Stat. 1765.)
EDITORIAL NOTES
AMENDMENTS
1989—Pub. L. 101–194 amended section generally. Prior to amendment, section read as follows:
"(1) The recommendations of the President which are transmitted to the Congress pursuant to section 358 of
this title shall be effective as provided in paragraph (2) of this section unless any such recommendation is
disapproved by a joint resolution agreed to by the Congress not later than the last day of the 30-day period
which begins on the date of which such recommendations are transmitted to the Congress.
"(2) The effective date of the rate or rates of pay which take effect for an office or position under paragraph
(1) of this section shall be the first day of the first pay period which begins for such office or position after the
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end of the 30-day period described in such paragraph."
1985—Par. (1). Pub. L. 99–190 amended par. (1) generally, substituting provisions relating to the effective
date of Presidential recommendations transmitted to Congress pursuant to section 358 of this title, for
provisions relating to voting requirements and procedures for Presidential recommendations to Congress.
Par. (2). Pub. L. 99–190 amended par. (2) generally, substituting provisions relating to effective date of
rates of pay for offices or positions under par. (1), for provisions relating to later operative dates of
Presidential recommendations.
1977—Par. (1). Pub. L. 95–19 substituted provisions directing each house of the Congress to conduct a
separate vote within sixty days on each Presidential recommendation with respect to the offices and positions
described in section 356(A), (B), (C), and (D) of this title, with the votes to be recorded so as to reflect the
votes of each individual member and with each recommendation, if approved, to become effective for the
offices and positions covered at the beginning of the first pay period which begins after the thirtieth day
following the approval of the recommendation by the second house of the Congress to approve the
recommendation, for provisions directing that all or part of the recommendations of the President transmitted
to the Congress in the budget under section 358 of this title be effective at the beginning of the first pay period
beginning after the thirtieth day following the transmittal of the recommendations to the budget, but only to
the extent that, between the date of transmittal of the recommendations in the budget and the beginning of the
pay period, there has not been enacted into law a statute establishing rates of pay other than the rates set in the
recommendation, neither house of the Congress specifically disapproves all or part of the recommendations,
or both.
Par. (2). Pub. L. 95–19 reenacted par. (2) without change.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section
3110 of Title 5, Government Organization and Employees. | §359. Effective date of recommendations of President | 2024-07-12T00:00:00 | dbe63114e4951fb5ba13577e84057b92d68dd2d968532006b963ed9eb2a45bea |
US House of Representatives | 2, 11, §360 | The recommendations of the President taking effect as provided in section 359 of this title shall be
held and considered to modify, supersede, or render inapplicable, as the case may be, to the extent
inconsistent therewith—
(A) all provisions of law enacted prior to the effective date or dates of all or part (as the case
may be) of such recommendations (other than any provision of law enacted with respect to such
recommendations in the period beginning on the date the President transmits his recommendations
to the Congress under section 358 of this title and ending on the date of their approval under
section 359(2) of this title), and
(B) any prior recommendations of the President which take effect under this chapter.
(Pub. L. 90–206, title II, §225(j), Dec. 16, 1967, 81 Stat. 644; Pub. L. 95–19, title IV, §401(b), Apr.
12, 1977, 91 Stat. 46; Pub. L. 99–190, §135(f), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101–194, title
VII, §701(h), Nov. 30, 1989, 103 Stat. 1766.)
EDITORIAL NOTES
AMENDMENTS
1989—Cl. (A). Pub. L. 101–194 substituted "(other than any provision of law enacted with respect to such
recommendations in the period beginning on the date the President transmits his recommendations to the
Congress under section 358 of this title and ending on the date of their approval under section 359(2) of this
title), and" for "(other than any provision of law enacted in the period specified section 359 of this title with
respect to such recommendations), and".
1985—Pub. L. 99–190 substituted "taking effect as provided in section 359 of this title shall" for
"transmitted to the Congress immediately following a review conducted by the Commission in one of the
fiscal years referred to in section 352(2) and (3) of this title shall, if approved by the Congress as provided in
section 359 of this title,", and in cl. (A) struck out "in paragraph (1) of" before "section 359 of this title".
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1977—Pub. L. 95–19 inserted ", if approved by the Congress as provided in section 359 of this title,".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section
3110 of Title 5, Government Organization and Employees. | §360. Effect of recommendations on existing law and prior recommendations | 2024-07-12T00:00:00 | 92668a37d4219c703c54c89e2dcde48f05260038cdf8dbabbb8856b353b2f227 |
US House of Representatives | 2, 11, §361 | The recommendations of the President which take effect shall be printed in the Statutes at Large in
the same volume as public laws and shall be printed in the Federal Register and included in the Code
of Federal Regulations.
(Pub. L. 90–206, title II, §225(k), Dec. 16, 1967, 81 Stat. 644.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section
3110 of Title 5, Government Organization and Employees. | §361. Publication of recommendations | 2024-07-12T00:00:00 | 3d842f051289ab4ad2caf3d46ab830093d7bafe3914a0b83eabd393fed2049f3 |
US House of Representatives | 2, 11, §362 | Notwithstanding any other provision of this chapter, the recommendations submitted by the
Commission to the President under section 357 of this title, and the recommendations transmitted by
the President to the Congress under section 358 of this title, shall be in conformance with the
following:
(1) Any recommended pay adjustment shall specify the date as of which it is proposed that such
adjustment take effect.
(2) The proposed effective date of a pay adjustment may occur no earlier than January 1 of the
second fiscal year, and no later than December 31 next following the close of the fifth fiscal year,
beginning after the fiscal year in which the Commission conducts its review under section 356 of
this title.
(3)(A)(i) The rates of pay recommended for the Speaker of the House of Representatives, the
Vice President of the United States, and the Chief Justice of the United States, respectively, shall
be equal.
(ii) The rates of pay recommended for the majority and minority leaders of the Senate and the
House of Representatives, the President pro tempore of the Senate, and each office or position
under section 5312 of title 5 (relating to level I of the Executive Schedule), respectively, shall be
equal.
(iii) The rates of pay recommended for a Senator, a Member of the House of Representatives,
the Resident Commissioner from Puerto Rico, a Delegate to the House of Representatives, a judge
of a district court of the United States, a judge of the United States Court of International Trade,
and each office or position under section 5313 of title 5 (relating to level II of the Executive
Schedule), respectively, shall be equal.
(B) Nothing in this section shall be considered to require that the rate recommended for any
office or position by the President under section 358 of this title be the same as the rate
recommended for such office or position by the Commission under section 357 of this title.
(Pub. L. 90–206, title II, §225(l), as added Pub. L. 101–194, title VII, §701(i), Nov. 30, 1989, 103
Stat. 1766.)
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Computation of time.
394.
Filing of pleadings, motions, depositions, appendixes, briefs, and other papers.
393.
Record.
392.
Certification and filing of depositions.
391.
Penalty for failure to appear, testify, or produce documents.
390.
Officer and witness fees.
389.
Subpena for attendance at deposition.
388.
Notice of depositions.
387.
Deposition.
386.
Default of contestee.
385.
Service and filing of papers other than notice of contest.
384.
Response of contestee.
383.
Notice of contest.
382.
Definitions.
381.
Sec. | §362. Requirements applicable to recommendations | 2024-07-12T00:00:00 | 486a5c33e46878cb42c0bba5318e5902eb205ccd38361616043547ebf7b36477 |
US House of Representatives | 2, 11, §363 | The Commission shall, whenever it conducts a review under section 356 of this title, also conduct
a review under this section relating to any recruitment or retention problems, and any public policy
issues involved in maintaining appropriate ethical standards, with respect to any offices or positions
within the Federal public service. Any findings or recommendations under this section shall be
included by the Commission as part of its report to the President under section 357 of this title.
(Pub. L. 90–206, title II, §225(m), as added Pub. L. 101–194, title VII, §701(j), Nov. 30, 1989, 103
Stat. 1767.) | §363. Additional function | 2024-07-12T00:00:00 | 07f439951db985bfbec59b08ca5e4feba5ad6de0007a0ba766dc8fa9d637f979 |
US House of Representatives | 2, 11, §364 | (1) A provision of law increasing the rate of pay payable for an office or position within the
purview of subparagraph (A), (B), (C), or (D) of section 356 of this title shall not take effect before
the beginning of the Congress following the Congress during which such provision is enacted.
(2) For purposes of this section, a provision of law enacted during the period beginning on the
Tuesday following the first Monday of November of an even-numbered year of any Congress and
ending at noon on the following January 3 shall be considered to have been enacted during the first
session of the following Congress.
(3) Nothing in this section shall be considered to apply with respect to any pay increase—
(A) which takes effect under the preceding sections of this chapter;
(B) which is based on a change in the Employment Cost Index (as determined under section
704(a)(1) of the Ethics Reform Act of 1989) or which is in lieu of any pay adjustment which
might otherwise be made in a year based on a change in such index (as so determined); or
(C) which takes effect under section 702 or 703 of the Ethics Reform Act of 1989.
(Pub. L. 90–206, title II, §225(n), as added Pub. L. 101–194, title VII, §701(k), Nov. 30, 1989, 103
Stat. 1767.)
EDITORIAL NOTES
REFERENCES IN TEXT
Sections 702, 703, and 704(a)(1) of the Ethics Reform Act of 1989, referred to in par. (3)(B), (C), are
sections 702, 703, and 704(a)(1) of Pub. L. 101–194 which are set out as notes under sections 5303 and 5318
of Title 5, Government Organization and Employees. | §364. Provision relating to certain other pay adjustments | 2024-07-12T00:00:00 | d2bf1fd1e52e6318fd20592bb69b131ad99635fcc6335757b1a545dfd989842f |
US House of Representatives | 2, 12, §381 | For purposes of this chapter:
(1) The term "election" means an official general or special election to choose a Representative
in, or Delegate or Resident Commissioner to, the Congress, but that term does not include a
primary election, or a caucus or convention of a political party.
(2) The term "candidate" means an individual (A) whose name is printed on the official ballot
for election to the office of Representative in, or Delegate or Resident Commissioner to, the
Congress, or (B) notwithstanding his name is not printed on such ballot, who seeks election to the
office of Representative in, or Delegate or Resident Commissioner to, the Congress by write-in
votes, provided that he is qualified for such office and that, under the law of the State in which the
congressional district is located, write-in voting for such office is permitted and he is eligible to
receive write-in votes in such election.
(3) The term "contestant" means an individual who contests the election of a Member of the
House of Representatives under this chapter.
(4) The term "contestee" means a Member of the House of Representatives whose election is
contested under this chapter.
(5) The term "Member of the House of Representatives" means an incumbent Representative in,
or Delegate or Resident Commissioner to, the Congress, or an individual who has been elected to
such office but has not taken the oath of office.
(6) The term "Clerk" means the Clerk of the House of Representatives.
(7) The term "committee" means the Committee on House Oversight of the House of
Representatives.
(8) The term "State" means a State of the United States and any territory or possession of the
United States.
(9) The term "write-in vote" means a vote cast for a person whose name does not appear on the
official ballot by writing in the name of such person on such ballot or by any other method
prescribed by the law of the State in which the election is held.
(Pub. L. 91–138, §2, Dec. 5, 1969, 83 Stat. 284; Pub. L. 104–186, title II, §211(1), (2), Aug. 20,
1996, 110 Stat. 1743, 1744.)
EDITORIAL NOTES
AMENDMENTS
1996—Pub. L. 104–186, §211(1)(A)–(C), substituted "chapter:" for "chapter—" in introductory provisions,
redesignated subdivs. (a) to (i) as pars. (1) to (9), respectively, and realigned margins of pars. (1) to (9).
Par. (1). Pub. L. 104–186, §211(2)(A), substituted ", or Delegate or Resident Commissioner to, the
Congress, but that term" for "or Resident Commissioner to the Congress of the United States, but".
Par. (2). Pub. L. 104–186, §211(2)(B), substituted "office of Representative in, or Delegate or Resident
Commissioner to, the Congress" for "House of Representatives of the United States" in subpar. (A) and
"House of Representatives" in subpar. (B).
Pub. L. 104–186, §211(1)(D), redesignated pars. (1) and (2) as subpars. (A) and (B), respectively.
Pars. (3), (4). Pub. L. 104–186, §211(2)(C), (D), struck out "of the United States" after "House of
Representatives".
Par. (5). Pub. L. 104–186, §211(2)(E), substituted "term 'Member of the House of Representatives' means
an incumbent Representative in, or Delegate or Resident Commissioner to, the Congress, or an individual who
has been elected to such office" for "term 'Member' means an incumbent Representative in or Resident
Commissioner to the Congress of the United States, or an individual who has been elected to either of such
offices".
Par. (6). Pub. L. 104–186, §211(2)(F), struck out "of the United States" after "House of Representatives".
Par. (7). Pub. L. 104–186, §211(2)(G), substituted "House Oversight of the House of Representatives" for
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"House Administration of the House of Representatives of the United States".
Par. (8). Pub. L. 104–186, §211(2)(H), substituted "means a State of the United States and any territory or"
for "includes territory and".
Par. (9). Pub. L. 104–186, §211(1)(A), (C), redesignated former subsec. (i) as par. (9).
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Committee on House Oversight of House of Representatives changed to Committee on House
Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6,
1999.
EFFECTIVE DATE
Pub. L. 91–138, §19, Dec. 5, 1969, 83 Stat. 291, provided that: "The provisions of, and the repeals made by,
this Act [enacting this chapter and repealing sections 201 to 226 of this title] shall apply with respect to any
general or special election for Representative in, or Resident Commissioner to, the Congress of the United
States occurring after the date of enactment of this Act [Dec. 5, 1969]."
SHORT TITLE
Pub. L. 91–138, §1, Dec. 5, 1969, 83 Stat. 284, provided that: "This Act [enacting this chapter and repealing
sections 201 to 226 of this title] may be cited as the 'Federal Contested Election Act'." | §381. Definitions | 2024-07-12T00:00:00 | 445b38530103027b5e24b84999e13ec9fceaf1d0631f181ca49f411e170c1153 |
US House of Representatives | 2, 12, §382 | (a) Filing of notice
Whoever, having been a candidate for election in the last preceding election and claiming a right
to such office, intends to contest the election of a Member of the House of Representatives, shall,
within thirty days after the result of such election shall have been declared by the officer or Board of
Canvassers authorized by law to declare such result, file with the Clerk and serve upon the contestee
written notice of his intention to contest such election.
(b) Contents and form of notice
Such notice shall state with particularity the grounds upon which contestant contests the election
and shall state that an answer thereto must be served upon contestant under section 383 of this title
within thirty days after service of such notice. Such notice shall be signed by contestant and verified
by his oath or affirmation.
(c) Service of notice; proof of service
Service of the notice of contest upon contestee shall be made as follows:
(1) by delivering a copy to him personally;
(2) by leaving a copy at his dwelling house or usual place of abode with a person of discretion
not less than sixteen years of age then residing therein;
(3) by leaving a copy at his principal office or place of business with some person then in
charge thereof;
(4) by delivering a copy to an agent authorized by appointment to receive service of such
notice;
(5) by mailing a copy by registered or certified mail addressed to contestee at his residence or
principal office or place of business. Service by mail is complete upon mailing; or
(6) the verified return by the person so serving such notice, setting forth the time and manner of
such service shall be proof of same, and the return post office receipt shall be proof of the service
of said notice mailed by registered or certified mail as aforesaid. Proof of service shall be made to
the Clerk promptly and in any event within the time during which the contestee must answer the
notice of contest. Failure to make proof of service does not affect the validity of the service.
(Pub. L. 91–138, §3, Dec. 5, 1969, 83 Stat. 284; Pub. L. 104–186, title II, §211(3), Aug. 20, 1996,
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110 Stat. 1744.)
EDITORIAL NOTES
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–186, §211(3)(A), struck out "to the House of Representatives" after "for
election".
Subsec. (c)(4), (5). Pub. L. 104–186, §211(3)(B), struck out "or" at end of par. (4) and inserted "or" at end
of par. (5).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section applicable with respect to any general or special election for Representative in, or Resident
Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L.
91–138, set out as a note under section 381 of this title. | §382. Notice of contest | 2024-07-12T00:00:00 | 2c67f62a01b3ff11781cb538a9ff62d00357fc36a41eafe998f173b3259f5e39 |
US House of Representatives | 2, 12, §383 | (a) Answer
Any contestee upon whom a notice of contest as described in section 382 of this title shall be
served, shall, within thirty days after the service thereof, serve upon contestant a written answer to
such notice, admitting or denying the averments upon which contestant relies. If contestee is without
knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state
and this shall have the effect of a denial. Such answer shall set forth affirmatively any other defenses,
in law or fact, on which contestee relies. Contestee shall sign and verify such answer by oath or
affirmation.
(b) Defenses by motion prior to answer
At the option of contestee, the following defenses may be made by motion served upon contestant
prior to contestee's answer:
(1) Insufficiency of service of notice of contest.
(2) Lack of standing of contestant.
(3) Failure of notice of contest to state grounds sufficient to change result of election.
(4) Failure of contestant to claim right to contestee's seat.
(c) Motion for more definite statement
If a notice of contest to which an answer is required is so vague or ambiguous that the contestee
cannot reasonably be required to frame a responsive answer, he may move for a more definite
statement before interposing his answer. The motion shall point out the defects complained of and
the details desired. If the motion is granted and the order of the committee is not obeyed within ten
days after notice of the order or within such other time as the committee may fix, the committee may
dismiss the action, or make such order as it deems just.
(d) Time for serving answer after service of motion
Service of a motion permitted under this section alters the time for serving the answer as follows,
unless a different time is fixed by order of the committee: If the committee denies the motion or
postpones its disposition until the hearing on the merits, the answer shall be served within ten days
after notice of such action. If the committee grants a motion for a more definite statement the answer
shall be served within ten days after service of the more definite statement.
(Pub. L. 91–138, §4, Dec. 5, 1969, 83 Stat. 285.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
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EFFECTIVE DATE
Section applicable with respect to any general or special election for Representative in, or Resident
Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L.
91–138, set out as a note under section 381 of this title. | §383. Response of contestee | 2024-07-12T00:00:00 | c02a5d5f206c168949e738b4167bb9f3f18a5f3049df2b643a4b6635053da389 |
US House of Representatives | 2, 12, §384 | (a) Modes of service
Except for the notice of contest, every paper required to be served shall be served upon the
attorney representing the party, or, if he is not represented by an attorney, upon the party himself.
Service upon the attorney or upon a party shall be made:
(1) by delivering a copy to him personally;
(2) by leaving it at his principal office with some person then in charge thereof; or if the office
is closed or the person to be served has no office, leaving it at his dwelling house or usual place of
abode with a person of discretion not less than sixteen years of age then residing therein; or
(3) by mailing it addressed to the person to be served at his residence or principal office.
Service by mail is complete upon mailing.
(b) Filing of papers with clerk
All papers subsequent to the notice of contest required to be served upon the opposing party shall
be filed with the Clerk either before service or within a reasonable time thereafter.
(c) Proof of service
Papers filed subsequent to the notice of contest shall be accompanied by proof of service showing
the time and manner of service, made by affidavit of the person making service or by certificate of an
attorney representing the party in whose behalf service is made. Failure to make proof of service
does not affect the validity of such service.
(Pub. L. 91–138, §5, Dec. 5, 1969, 83 Stat. 286.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section applicable with respect to any general or special election for Representative in, or Resident
Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L.
91–138, set out as a note under section 381 of this title. | §384. Service and filing of papers other than notice of contest | 2024-07-12T00:00:00 | b18dc2d81328fec8a90693377ef9c589ed73accfd8e6c58b9f7a45efa4022228 |
US House of Representatives | 2, 12, §385 | The failure of contestee to answer the notice of contest or to otherwise defend as provided by this
chapter shall not be deemed an admission of the truth of the averments in the notice of contest.
Notwithstanding such failure, the burden is upon contestant to prove that the election results entitle
him to contestee's seat.
(Pub. L. 91–138, §6, Dec. 5, 1969, 83 Stat. 286.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section applicable with respect to any general or special election for Representative in, or Resident
Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L.
91–138, set out as a note under section 381 of this title.
[Release Point 118-70] | §385. Default of contestee | 2024-07-12T00:00:00 | 18c1e24b60018e68e18ba4f7078e05651c9cb0f4ddcd2e99925d5bff073eae9e |
US House of Representatives | 2, 12, §386 | (a) Oral examination
Either party may take the testimony of any person, including the opposing party, by deposition
upon oral examination for the purpose of discovery or for use as evidence in the contested election
case, or for both purposes. Depositions shall be taken only within the time for the taking of testimony
prescribed in this section.
(b) Scope of examination
Witnesses may be examined regarding any matter, not privileged, which is relevant to the subject
matter involved in the pending contested election case, whether it relates to the claim or defense of
the examining party or the claim or defense of the opposing party, including the existence,
description, nature, custody, condition and location of any books, papers, documents, or other
tangible things and the identity and location of persons having knowledge of relevant facts. After the
examining party has examined the witness the opposing party may cross examine.
(c) Order and time of taking testimony
The order in which the parties may take testimony shall be as follows:
(1) Contestant may take testimony within thirty days after service of the answer, or, if no answer is
served within the time provided in section 383 of this title, within thirty days after the time for
answer has expired.
(2) Contestee may take testimony within thirty days after contestant's time for taking testimony
has expired.
(3) If contestee has taken any testimony or has filed testimonial affidavits or stipulations under
section 387(c) of this title, contestant may take rebuttal testimony within ten days after contestee's
time for taking testimony has expired.
(d) Officer before whom testimony may be taken
Testimony shall be taken before an officer authorized to administer oaths by the laws of the
United States or of the place where the examination is held.
(e) Subpena
Attendance of witnesses may be compelled by subpena as provided in section 388 of this title.
(f) Taking of testimony by party or his agent
At the taking of testimony, a party may appear and act in person, or by his agent or attorney.
(g) Conduct of examination; recordation of testimony; notation of objections; interrogatories
The officer before whom testimony is to be taken shall put the witness under oath and shall
personally, or by someone acting under his direction and in his presence, record the testimony of the
witness. The testimony shall be taken stenographically and transcribed. All objections made at the
time of examination to the qualifications of the officer taking the deposition, or to the manner of
taking it, or to the evidence presented, or the conduct of any party, and any other objection to the
proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken
subject to the objections. In lieu of participating in the oral examination, a party served with a notice
of deposition may transmit written interrogatories to the officer, who shall propound them to the
witness and record the answers verbatim.
(h) Examination of deposition by witness; signature of witness or officer; use of deposition
When the testimony is fully transcribed, the deposition shall be submitted to the witness for
examination and shall be read to or by him, unless such examination and reading are waived by the
witness and the parties. Any changes in the form or substance which the witness desires to make
shall be entered upon the deposition by the officer with a statement of the reasons given by the
witness for making them. The deposition shall be signed by the witness, unless the parties by
stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the
deposition is not signed by the witness, the officer shall sign it and note on the deposition the fact of
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the waiver or of the illness or the absence of the witness or the fact of refusal to sign together with
the reason, if any, given therefor; and the deposition may then be used as fully as though signed,
unless on a motion to suppress, the committee rules that the reasons given for the refusal to sign
require rejection of the deposition in whole or in part.
(Pub. L. 91–138, §7, Dec. 5, 1969, 83 Stat. 286.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section applicable with respect to any general or special election for Representative in, or Resident
Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L.
91–138, set out as a note under section 381 of this title. | §386. Deposition | 2024-07-12T00:00:00 | 44f193cb96e64f9974fb2e9f64234619b3f71508dfde0f235d736a2476b549f9 |
US House of Representatives | 2, 12, §387 | (a) Time for service; form
A party desiring to take the deposition of any person upon oral examination shall serve written
notice on the opposing party not later than two days before the date of the examination. The notice
shall state the time and place for taking the deposition and the name and address of each person to be
examined. A copy of such notice, together with proof of such service thereof, shall be attached to the
deposition when it is filed with the Clerk.
(b) Testimony by stipulation
By written stipulation of the parties, the deposition of a witness may be taken without notice. A
copy of such stipulation shall be attached to the deposition when it is filed with the Clerk.
(c) Testimony by affidavit; time for filing
By written stipulation of the parties, the testimony of any witness of either party may be filed in
the form of an affidavit by such witness or the parties may agree what a particular witness would
testify to if his deposition were taken. Such testimonial affidavits or stipulations shall be filed within
the time limits prescribed for the taking of testimony in section 386 of this title.
(Pub. L. 91–138, §8, Dec. 5, 1969, 83 Stat. 287.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section applicable with respect to any general or special election for Representative in, or Resident
Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L.
91–138, set out as a note under section 381 of this title. | §387. Notice of depositions | 2024-07-12T00:00:00 | 74a845a520c0c7e3331f5429214ed1877238433623f9d8fa7ca62fe36d616a33 |
US House of Representatives | 2, 12, §388 | (a) Issuance
Upon application of any party, a subpena for attendance at a deposition shall be issued by:
(1) a judge or clerk of the United States district court for the district in which the place of
examination is located;
(2) a judge or clerk of any court of record of the State in which the place of examination is
located; or
(3) a judge or clerk of any court of record of the county in which the place of examination is
located.
(b) Time, method, and proof of service
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Service of the subpena shall be made upon the witness no later than three days before the day on
which his attendance is directed. A subpena may be served by any person who is not a party to the
contested election case and is not less than eighteen years of age. Service of a subpena upon a person
named therein shall be made by delivering a copy thereof to such person and by tendering to him the
fee for one day's attendance and the mileage allowed by section 389 of this title. Written proof of
service shall be made under oath by the person making same and shall be filed with the Clerk.
(c) Place of examination
A witness may be required to attend an examination only in the county wherein he resides or is
employed, or transacts his business in person, or is served with a subpena, or within forty miles of
the place of service.
(d) Form
Every subpena shall state the name and title of the officer issuing same and the title of the
contested election case, and shall command each person to whom it is directed to attend and give
testimony at a time and place and before an officer specified therein.
(e) Production of documents
A subpena may also command the person to whom it is directed to produce the books, papers,
documents, or other tangible things designated therein, but the committee, upon motion promptly
made and in any event at or before the time specified in the subpena for compliance therewith, may
(1) quash or modify the subpena if it is unreasonable or oppressive, or (2) condition denial of the
motion upon the advancement by the party in whose behalf the subpena is issued of the reasonable
cost of producing the books, papers, documents, or tangible things. In the case of public records or
documents, copies thereof, certified by the person having official custody thereof, may be produced
in lieu of the originals.
(Pub. L. 91–138, §9, Dec. 5, 1969, 83 Stat. 288.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section applicable with respect to any general or special election for Representative in, or Resident
Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L.
91–138, set out as a note under section 381 of this title. | §388. Subpena for attendance at deposition | 2024-07-12T00:00:00 | b97e6fc76e5fffbe127c513d41b1a45a4863f5f637cc1997272242278df53c04 |
US House of Representatives | 2, 12, §389 | (a) Each judge, clerk of court, or other officer who issues any subpena or takes a deposition and
each person who serves any subpena or other paper herein authorized shall be entitled to receive
from the party at whose instance the service shall have been performed such fees as are allowed for
similar services in the district courts of the United States.
(b) Witnesses whose depositions are taken shall be entitled to receive from the party at whose
instance the witness appeared the same fees and travel allowance paid to witnesses subpenaed to
appear before the House of Representatives or its committees.
(Pub. L. 91–138, §10, Dec. 5, 1969, 83 Stat. 288.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section applicable with respect to any general or special election for Representative in, or Resident
Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L.
91–138, set out as a note under section 381 of this title.
[Release Point 118-70] | §389. Officer and witness fees | 2024-07-12T00:00:00 | 9aa91891cf6f0d3aa798daedb311546c3d1ec2c2e2a69e8044b031cd85d6a5e6 |
US House of Representatives | 2, 12, §390 | Every person who, having been subpenaed as a witness under this chapter to give testimony or to
produce documents, willfully makes default, or who, having appeared, refuses to answer any
question pertinent to the contested election case, shall be deemed guilty of a misdemeanor
punishable by fine of not more than $1,000 nor less than $100 or imprisonment for not less than one
month nor more than twelve months, or both.
(Pub. L. 91–138, §11, Dec. 5, 1969, 83 Stat. 288.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section applicable with respect to any general or special election for Representative in, or Resident
Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L.
91–138, set out as a note under section 381 of this title. | §390. Penalty for failure to appear, testify, or produce documents | 2024-07-12T00:00:00 | 3ab8d84fd868a25f2f2db053c1e44bb458f89a7d35cbdc3032e42382f7ac4bc2 |
US House of Representatives | 2, 12, §391 | (a) Sealing of papers; deposit with clerk
The officer before whom any deposition is taken shall certify thereon that the witness was duly
sworn by him and that the deposition is a true record of the testimony given by the witness. He shall
then securely seal the deposition, together with any papers produced by the witness and the notice of
deposition or stipulation, if the deposition was taken without notice, in an envelope endorsed with
the title of the contested election case and marked "Deposition of (here insert name of witness)" and
shall within thirty days after completion of the witness' testimony, file it with the Clerk.
(b) Notification of filing
After filing the deposition, the officer shall promptly notify the parties of its filing.
(c) Copy of deposition to parties or deponents
Upon payment of reasonable charges therefor, not to exceed the charges allowed in the district
court of the United States for the district wherein the place of examination is located, the officer shall
furnish a copy of deposition to any party or the deponent.
(Pub. L. 91–138, §12, Dec. 5, 1969, 83 Stat. 289.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section applicable with respect to any general or special election for Representative in, or Resident
Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L.
91–138, set out as a note under section 381 of this title. | §391. Certification and filing of depositions | 2024-07-12T00:00:00 | ffbf62670056ecec702de67bebcf1e2a8df4343a4a38d672f5772e1c8553ed70 |
US House of Representatives | 2, 12, §392 | (a) Hearing on papers, depositions, and exhibits
Contested election cases shall be heard by the committee on the papers, depositions, and exhibits
filed with the Clerk. Such papers, depositions, and exhibits shall constitute the record of the case.
(b) Appendix to contestant's brief
Contestant shall print as an appendix to his brief those portions of the record which he desires the
committee to consider in order to decide the case and such other portions of the record as may be
prescribed by the rules of the committee.
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(c) Appendix to contestee's brief
Contestee shall print as an appendix to his brief those portions of the record not printed by
contestant which contestee desires the committee to consider in order to decide the case.
(d) Contestant's brief; service on contestee
Within forty-five days after the time for both parties to take testimony has expired, contestant shall
serve on contestee his printed brief of the facts and authorities relied on to establish his case together
with his appendix.
(e) Contestee's brief; service on contestant
Within thirty days of service of contestant's brief and appendix, contestee shall serve on contestant
his printed brief of the facts and authorities relied on to establish his case together with his appendix.
(f) Reply brief of contestant
Within ten days after service of contestee's brief and appendix, contestant may serve on contestee
a printed reply brief.
(g) Form of briefs; number of copies served and filed
The form and length of the briefs, the form of the appendixes, and the number of copies to be
served and filed shall be in accordance with such rules as the committee may prescribe.
(Pub. L. 91–138, §13, Dec. 5, 1969, 83 Stat. 289.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section applicable with respect to any general or special election for Representative in, or Resident
Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L.
91–138, set out as a note under section 381 of this title. | §392. Record | 2024-07-12T00:00:00 | 23ae9c018e59d3ab844e9b2f7ed96d7cdc605c73220f5133d3880d251a85c562 |
US House of Representatives | 2, 12, §393 | papers
(a) Filings of pleadings, motions, depositions, appendixes, briefs, and other papers shall be
accomplished by:
(1) delivering a copy thereof to the Clerk of the House of Representatives at his office in
Washington, District of Columbia, or to a member of his staff at such office; or
(2) mailing a copy thereof, by registered or certified mail, addressed to the Clerk at the House of
Representatives, Washington, District of Columbia:
, That if such copy is not actually
Provided
received, another copy shall be filed within a reasonable time; and
(3) delivering or mailing, simultaneously with the delivery or mailing of a copy thereof under
paragraphs (1) and (2) of this subsection, such additional copies as the committee may by rule
prescribe.
(b) All papers filed with the Clerk pursuant to this chapter shall be promptly transmitted by him to
the committee.
(Pub. L. 91–138, §14, Dec. 5, 1969, 83 Stat. 289.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section applicable with respect to any general or special election for Representative in, or Resident
Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L.
91–138, set out as a note under section 381 of this title.
[Release Point 118-70] | §393. Filing of pleadings, motions, depositions, appendixes, briefs, and other | 2024-07-12T00:00:00 | 2c931e1901347761352ae16e67803826980ab1caedd65bbdeb057703fa315aae |
US House of Representatives | 2, 12, §394 | (a) Method of computing time
In computing any period of time prescribed or allowed by this chapter or by the rules or any order
of the committee, the day of the act, event, or default after which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included, unless
it is a Saturday, a Sunday, or a legal holiday, in which event the period shall run until the end of the
next day which is neither a Saturday, a Sunday, nor a legal holiday. When the period of time
prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays
shall be excluded in the computation. For the purposes of this chapter, "legal holiday" shall mean
New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans
Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President
or the Congress of the United States.
(b) Service by mail
Whenever a party has the right or is required to do some act or take some proceeding within a
prescribed period after the service of a pleading, motion, notice, brief, or other paper upon him,
which is served upon him by mail, three days shall be added to the prescribed period.
(c) Enlargement of time
When by this chapter or by the rules or any order of the committee an act is required or allowed to
be done at or within a specified time, the committee, for good cause shown, may at any time in its
discretion (1) with or without motion or notice, order the period enlarged if request therefor is made
before the expiration of the period originally prescribed or as extended by a previous order, or (2)
upon motion made after the expiration of the specified period, permit the act to be done where the
failure to act was the result of excusable neglect, but it shall not extend the time for serving and
filing the notice of contest under section 382 of this title.
(Pub. L. 91–138, §15, Dec. 5, 1969, 83 Stat. 290.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section applicable with respect to any general or special election for Representative in, or Resident
Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L.
91–138, set out as a note under section 381 of this title. | §394. Computation of time | 2024-07-12T00:00:00 | e93bb1bfeedabe2e234eaa681405c1478a85f9a0bd6820c9a05f11bea1368835 |
US House of Representatives | 2, 12, §395 | In the event of the death of the contestant, the contested election case shall abate.
(Pub. L. 91–138, §16, Dec. 5, 1969, 83 Stat. 290.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section applicable with respect to any general or special election for Representative in, or Resident
Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L.
91–138, set out as a note under section 381 of this title. | §395. Death of contestant | 2024-07-12T00:00:00 | 3dd7bbf6bc9d8fbb5c5c53e886a4a28fa6959762397899ac8cbb37bd7de7d987 |
US House of Representatives | 2, 12, §396 | 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
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Transferred.
437.
Repealed.
435, 436.
431 to 434.
Transferred.
Sec.
attorneys fees, upon the verified application of such party accompanied by a complete and detailed
account of his expenses and supporting vouchers and receipts.
(Pub. L. 91–138, §17, Dec. 5, 1969, 83 Stat. 290; Pub. L. 104–186, title II, §211(4), Aug. 20, 1996,
110 Stat. 1744.)
EDITORIAL NOTES
AMENDMENTS
1996—Pub. L. 104–186 substituted "applicable accounts" for "contingent fund".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section applicable with respect to any general or special election for Representative in, or Resident
Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L.
91–138, set out as a note under section 381 of this title. | §396. Allowance of party's expenses | 2024-07-12T00:00:00 | 628d2582d9aa8be71d9e8835ddace63d5393b3040853f91af78c9634fc3ee7d4 |
US House of Representatives | 2, 15, §471 | The Congress hereby finds and declares that:
(a) As technology continues to change and expand rapidly, its applications are—
(1) large and growing in scale; and
(2) increasingly extensive, pervasive, and critical in their impact, beneficial and adverse, on the
natural and social environment.
(b) Therefore, it is essential that, to the fullest extent possible, the consequences of technological
applications be anticipated, understood, and considered in determination of public policy on existing
and emerging national problems.
(c) The Congress further finds that:
(1) the Federal agencies presently responsible directly to the Congress are not designed to
provide the legislative branch with adequate and timely information, independently developed,
relating to the potential impact of technological applications, and
(2) the present mechanisms of the Congress do not and are not designed to provide the
legislative branch with such information.
(d) Accordingly, it is necessary for the Congress to—
(1) equip itself with new and effective means for securing competent, unbiased information
concerning the physical, biological, economic, social, and political effects of such applications;
and
(2) utilize this information, whenever appropriate, as one factor in the legislative assessment of
matters pending before the Congress, particularly in those instances where the Federal
Government may be called upon to consider support for, or management or regulation of,
technological applications.
(Pub. L. 92–484, §2, Oct. 13, 1972, 86 Stat. 797.)
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STATUTORY NOTES AND RELATED SUBSIDIARIES
SHORT TITLE
Pub. L. 92–484, §1, Oct. 13, 1972, 86 Stat. 797, provided: "That this Act [enacting this chapter and
amending section 1862 of Title 42, The Public Health and Welfare] may be cited as the 'Technology
Assessment Act of 1972'."
TERMINATION OF OFFICE OF TECHNOLOGY ASSESSMENT
Pub. L. 104–53, title I, §§113, 114, Nov. 19, 1995, 109 Stat. 526, provided that:
"
. 113. Upon enactment of this Act [Nov. 19, 1995] all employees of the Office of Technology
SEC
Assessment for 183 days preceding termination of employment who are terminated as a result of the
elimination of the Office and who are not otherwise gainfully employed may continue to be paid by the Office
of Technology Assessment at their respective salaries for a period not to exceed 60 calendar days following
the employee's date of termination or until the employee becomes otherwise gainfully employed whichever is
earlier. Any day for which a former employee receives a payment under this section shall be counted as
Federal service for purposes of determining entitlement to benefits, including retirement, annual and sick
leave earnings, and health and life insurance. A statement in writing to the Director of the Office of
Technology Assessment or his designee by any such employee that he was not gainfully employed during
such period or the portion thereof for which payment is claimed shall be accepted as prima facie evidence that
he was not so employed.
"
. 114. Notwithstanding the provisions of the Federal Property and Administrative Services Act of
SEC
1949, as amended [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C
(except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public
Contracts], or any other provision of law, upon the abolition of the Office of Technology Assessment, all
records and property of the Office (including the Unix system, all computer hardware and software, all library
collections and research materials, and all photocopying equipment), shall be under the administrative control
of the Architect of the Capitol. Not later than December 31, 1995, the Architect shall submit a proposal to
transfer such records and property to appropriate support agencies of the Legislative Branch which request
such transfer, and shall carry out such transfer subject to the approval of the Committees on Appropriations of
the House of Representatives and the Senate." | §471. Congressional findings and declaration of purpose | 1995-12-31T00:00:00 | deaaae434ab90afde66c50aab79a3a573119d9ae87a2b70dc3193312c87d0c64 |
US House of Representatives | 2, 15, §472 | (a) Creation
In accordance with the findings and declaration of purpose in section 471 of this title, there is
hereby created the Office of Technology Assessment (hereinafter referred to as the "Office") which
shall be within and responsible to the legislative branch of the Government.
(b) Composition
The Office shall consist of a Technology Assessment Board (hereinafter referred to as the
"Board") which shall formulate and promulgate the policies of the Office, and a Director who shall
carry out such policies and administer the operations of the Office.
(c) Functions and duties
The basic function of the Office shall be to provide early indications of the probable beneficial and
adverse impacts of the applications of technology and to develop other coordinate information which
may assist the Congress. In carrying out such function, the Office shall:
(1) identify existing or probable impacts of technology or technological programs;
(2) where possible, ascertain cause-and-effect relationships;
(3) identify alternative technological methods of implementing specific programs;
(4) identify alternative programs for achieving requisite goals;
(5) make estimates and comparisons of the impacts of alternative methods and programs;
(6) present findings of completed analyses to the appropriate legislative authorities;
(7) identify areas where additional research or data collection is required to provide adequate
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support for the assessments and estimates described in paragraph (1) through (5) of this
subsection; and
(8) undertake such additional associated activities as the appropriate authorities specified under
subsection (d) may direct.
(d) Initiation of assessment activities
Assessment activities undertaken by the Office may be initiated upon the request of:
(1) the chairman of any standing, special, or select committee of either House of the Congress,
or of any joint committee of the Congress, acting for himself or at the request of the ranking
minority member or a majority of the committee members;
(2) the Board; or
(3) the Director, in consultation with the Board.
(e) Availability of information
Assessments made by the Office, including information, surveys, studies, reports, and findings
related thereto, shall be made available to the initiating committee or other appropriate committees of
the Congress. In addition, any such information, surveys, studies, reports, and findings produced by
the Office may be made available to the public except where—
(1) to do so would violate security statutes; or
(2) the Board considers it necessary or advisable to withhold such information in accordance
with one or more of the numbered paragraphs in section 552(b) of title 5. | §472. Office of Technology Assessment | 2024-07-12T00:00:00 | cd11fa6c07a0f4ffd9a7ddd02fe71a3c93fa7c6bb4394c767e3c77b6971886bb |
US House of Representatives | 2, 15, §473 | (a) Membership
The Board shall consist of thirteen members as follows:
(1) six Members of the Senate, appointed by the President pro tempore of the Senate, three from
the majority party and three from the minority party;
(2) six Members of the House of Representatives appointed by the Speaker of the House of
Representatives, three from the majority party and three from the minority party; and
(3) the Director, who shall not be a voting member.
(b) Execution of functions during vacancies; filling of vacancies
Vacancies in the membership of the Board shall not affect the power of the remaining members to
execute the functions of the Board and shall be filled in the same manner as in the case of the
original appointment.
(c) Chairman and vice chairman; selection procedure
The Board shall select a chairman and a vice chairman from among its members at the beginning
of each Congress. The vice chairman shall act in the place and stead of the chairman in the absence
of the chairman. The chairmanship and the vice chairmanship shall alternate between the Senate and
the House of Representatives with each Congress. The chairman during each even-numbered
Congress shall be selected by the Members of the House of Representatives on the Board from
among their number. The vice chairman during each Congress shall be chosen in the same manner
from that House of Congress other than the House of Congress of which the chairman is a Member.
(d) Meetings; powers of Board
The Board is authorized to sit and act at such places and times during the sessions, recesses, and
adjourned periods of Congress, and upon a vote of a majority of its members, to require by subpena
or otherwise the attendance of such witnesses and the production of such books, papers, and
documents, to administer such oaths and affirmations, to take such testimony, to procure such
printing and binding, and to make such expenditures, as it deems advisable. The Board may make
such rules respecting its organization and procedures as it deems necessary, except that no
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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. | §473. Technology Assessment Board | 2024-07-12T00:00:00 | 245cfde6a870f16ae96ec764211901411bd61122915241223e3e207f0feb0504 |
US House of Representatives | 2, 15, §474 | (a) Appointment; term; compensation
The Director of the Office of Technology Assessment shall be appointed by the Board and shall
serve for a term of six years unless sooner removed by the Board. He shall receive basic pay at the
rate provided for level III of the Executive Schedule under section 5314 of title 5.
(b) Powers and duties
In addition to the powers and duties vested in him by this chapter, the Director shall exercise such
powers and duties as may be delegated to him by the Board.
(c) Deputy Director; appointment; functions; compensation
The Director may appoint with the approval of the Board, a Deputy Director who shall perform
such functions as the Director may prescribe and who shall be Acting Director during the absence or
incapacity of the Director or in the event of a vacancy in the office of Director. The Deputy Director
shall receive basic pay at the rate provided for level IV of the Executive Schedule under section 5315
of title 5.
(d) Restrictions on outside employment activities of Director and Deputy Director
Neither the Director nor the Deputy Director shall engage in any other business, vocation, or
employment than that of serving as such Director or Deputy Director, as the case may be; nor shall
the Director or Deputy Director, except with the approval of the Board, hold any office in, or act in
any capacity for, any organization, agency, or institution with which the Office makes any contract
or other arrangement under this chapter. | §474. Director of Office of Technology Assessment | 2024-07-12T00:00:00 | 9c8dbb777fff4736c54ce1175a2cef5a25362c3c61631ca5953c530134f6bb68 |
US House of Representatives | 2, 15, §475 | (a) Use of public and private personnel and organizations; formation of special ad hoc task
forces; contracts with governmental, etc., agencies and instrumentalities; advance, progress,
and other payments; utilization of services of voluntary and uncompensated personnel;
acquisition, holding, and disposal of real and personal property; promulgation of rules and
regulations
The Office shall have the authority, within the limits of available appropriations, to do all things
necessary to carry out the provisions of this chapter, including, but without being limited to, the
authority to—
(1) make full use of competent personnel and organizations outside the Office, public or private,
and form special ad hoc task forces or make other arrangements when appropriate;
(2) enter into contracts or other arrangements as may be necessary for the conduct of the work
of the Office with any agency or instrumentality of the United States, with any State, territory, or
possession or any political subdivision thereof, or with any person, firm, association, corporation,
or educational institution, with or without reimbursement, without performance or other bonds,
and without regard to section 6101 of title 41;
(3) make advance, progress, and other payments which relate to technology assessment without
regard to the provisions of section 3324(a) and (b) of title 31;
[Release Point 118-70]
(4) accept and utilize the services of voluntary and uncompensated personnel necessary for the
conduct of the work of the Office and provide transportation and subsistence as authorized by
section 5703 of title 5, for persons serving without compensation;
(5) acquire by purchase, lease, loan, or gift, and hold and dispose of by sale, lease, or loan, real
and personal property of all kinds necessary for or resulting from the exercise of authority granted
by this chapter; and
(6) prescribe such rules and regulations as it deems necessary governing the operation and
organization of the Office.
(b) Recordkeeping by contractors and other parties entering into contracts and other
arrangements with Office; availability of books and records to Office and Comptroller
General for audit and examination
Contractors and other parties entering into contracts and other arrangements under this section
which involve costs to the Government shall maintain such books and related records as will
facilitate an effective audit in such detail and in such manner as shall be prescribed by the Office,
and such books and records (and related documents and papers) shall be available to the Office and
the Comptroller General of the United States, or any of their duly authorized representatives, for the
purpose of audit and examination.
(c) Operation of laboratories, pilot plants, or test facilities
The Office, in carrying out the provisions of this chapter, shall not, itself, operate any laboratories,
pilot plants, or test facilities.
(d) Requests to executive departments or agencies for information, suggestions, estimates,
statistics, and technical assistance; duty of executive departments and agencies to furnish
information, etc.
The Office is authorized to secure directly from any executive department or agency information,
suggestions, estimates, statistics, and technical assistance for the purpose of carrying out its functions
under this chapter. Each such executive department or agency shall furnish the information,
suggestions, estimates, statistics, and technical assistance directly to the Office upon its request.
(e) Requests to heads of executive departments or agencies for detail of personnel;
reimbursement
On request of the Office, the head of any executive department or agency may detail, with or
without reimbursement, any of its personnel to assist the Office in carrying out its functions under
this chapter.
(f) Appointment and compensation of personnel
The Director shall, in accordance with such policies as the Board shall prescribe, appoint and fix
the compensation of such personnel as may be necessary to carry out the provisions of this chapter.
(Pub. L. 92–484, §6, Oct. 13, 1972, 86 Stat. 799.)
EDITORIAL NOTES
CODIFICATION
In subsec. (a)(2), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes (41 U.S.C.
5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public
Contracts.
In subsec. (a)(3), "section 3324(a) and (b) of title 31" substituted for "section 3648 of the Revised Statutes
(31 U.S.C. 529)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
which enacted Title 31, Money and Finance. | §475. Powers of Office of Technology Assessment | 2024-07-12T00:00:00 | bb2a7cacf4cfe1a0b1f93bd7f997cd85e5a03fa6c6fdd5dcc184f318a6ba53ab |
US House of Representatives | 2, 15, §476 | [Release Point 118-70]
(a) Establishment; composition
The Office shall establish a Technology Assessment Advisory Council (hereinafter referred to as
the "Council"). The Council shall be composed of the following twelve members:
(1) ten members from the public, to be appointed by the Board, who shall be persons eminent in
one or more fields of the physical, biological, or social sciences or engineering or experienced in
the administration of technological activities, or who may be judged qualified on the basis of
contributions made to educational or public activities;
(2) the Comptroller General; and
(3) the Director of the Congressional Research Service of the Library of Congress.
(b) Duties
The Council, upon request by the Board, shall—
(1) review and make recommendations to the Board on activities undertaken by the Office or on
the initiation thereof in accordance with section 472(d) of this title;
(2) review and make recommendations to the Board on the findings of any assessment made by
or for the Office; and
(3) undertake such additional related tasks as the Board may direct.
(c) Chairman and Vice Chairman; election by Council from members appointed from public;
terms and conditions of service
The Council by majority vote, shall elect from its members appointed under subsection (a)(1) of
this section a Chairman and a Vice Chairman, who shall serve for such time and under such
conditions as the Council may prescribe. In the absence of the Chairman, or in the event of his
incapacity, the Vice Chairman shall act as Chairman.
(d) Terms of office of members appointed from public; reappointment
The term of office of each member of the Council appointed under subsection (a)(1) shall be four
years except that any such member appointed to fill a vacancy occurring prior to the expiration of the
term for which his predecessor was appointed shall be appointed for the remainder of such term. No
person shall be appointed a member of the Council under subsection (a)(1) more than twice. Terms
of the members appointed under subsection (a)(1) shall be staggered so as to establish a rotating
membership according to such method as the Board may devise.
(e) Payment to Comptroller General and Director of Congressional Research Service of travel
and other necessary expenses; payment to members appointed from public of compensation
and reimbursement for travel, subsistence, and other necessary expenses
(1) The members of the Council other than those appointed under subsection (a)(1) shall receive
no pay for their services as members of the Council, but shall be allowed necessary travel expenses
(or, in the alternative, mileage for use of privately owned vehicles and payments when traveling on
official business at not to exceed the payment prescribed in regulations implementing section 5702
and in 5704 of title 5), and other necessary expenses incurred by them in the performance of duties
1
vested in the Council, without regard to the provisions of subchapter 1 of chapter 57 and section
5731 of title 5, and regulations promulgated thereunder.
(2) The members of the Council appointed under subsection (a)(1) shall receive compensation for
each day engaged in the actual performance of duties vested in the Council at rates of pay not in
excess of the daily equivalent of the highest rate of basic pay set forth in the General Schedule of
section 5332(a) of title 5, and in addition shall be reimbursed for travel, subsistence, and other
necessary expenses in the manner provided for other members of the Council under paragraph (1) of
this subsection.
(Pub. L. 92–484, §7, Oct. 13, 1972, 86 Stat. 800; Pub. L. 99–234, title I, §107(a), Jan. 2, 1986, 99
Stat. 1759.)
EDITORIAL NOTES
[Release Point 118-70]
AMENDMENTS
1986—Subsec. (e)(1). Pub. L. 99–234 substituted "payments when traveling on official business at not to
exceed the payment prescribed in regulations implementing section 5702 and in" for "a per diem in lieu of
subsistence at not to exceed the rate prescribed in sections 5702 and".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–234 effective on effective date of regulations to be promulgated not later than
150 days after Jan. 2, 1986, or 180 days after Jan. 2, 1986, whichever occurs first, see section 301(a) of Pub.
L. 99–234, set out as a note under section 5701 of Title 5, Government Organization and Employees.
TERMINATION OF ADVISORY COUNCILS
Advisory councils in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year
period following Jan. 5, 1973, unless, in the case of a council established by the President or an officer of the
Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See
sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable under specified sections of Title 5, Government
Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under
section 5376 of Title 5.
So in original. Probably should be followed by "section".
1 | §476. Technology Assessment Advisory Council | 2024-07-12T00:00:00 | c2ff7086b83520cc5063444a9af807c6da585dacbbc3f9cfe5607923988cf00c |
US House of Representatives | 2, 15, §477 | (a) Authority of Librarian to make available services and assistance of Congressional Research
Service
To carry out the objectives of this chapter, the Librarian of Congress is authorized to make
available to the Office such services and assistance of the Congressional Research Service as may be
appropriate and feasible.
(b) Scope of services and assistance
Such services and assistance made available to the Office shall include, but not be limited to, all of
the services and assistance which the Congressional Research Service is otherwise authorized to
provide to the Congress.
(c) Services or responsibilities performed by Congressional Research Service for Congress not
altered or modified; authority of Librarian to establish within Congressional Research
Service additional divisions, etc.
Nothing in this section shall alter or modify any services or responsibilities, other than those
performed for the Office, which the Congressional Research Service under law performs for or on
behalf of the Congress. The Librarian is, however, authorized to establish within the Congressional
Research Service such additional divisions, groups, or other organizational entities as may be
necessary to carry out the purpose of this chapter.
(d) Reimbursement for services and assistance
Services and assistance made available to the Office by the Congressional Research Service in
accordance with this section may be provided with or without reimbursement from funds of the
Office, as agreed upon by the Board and the Librarian of Congress.
(Pub. L. 92–484, §8, Oct. 13, 1972, 86 Stat. 801.)
[Release Point 118-70] | §477. Utilization of services of Library of Congress | 2024-07-12T00:00:00 | d225008242366810a06fa46f45ea26cf92e0623db94682709ac479bfddd285c0 |
US House of Representatives | 2, 15, §478 | (a) Authority of Government Accountability Office to furnish financial and administrative
services
Financial and administrative services (including those related to budgeting, accounting, financial
reporting, personnel, and procurement) and such other services as may be appropriate shall be
provided the Office by the Government Accountability Office.
(b) Scope of services and assistance
Such services and assistance to the Office shall include, but not be limited to, all of the services
and assistance which the Government Accountability Office is otherwise authorized to provide to the
Congress.
(c) Services or responsibilities performed by Government Accountability Office for Congress
not altered or modified
Nothing in this section shall alter or modify any services or responsibilities, other than those
performed for the Office, which the Government Accountability Office under law performs for or on
behalf of the Congress.
(d) Reimbursement for services and assistance
Services and assistance made available to the Office by the Government Accountability Office in
accordance with this section may be provided with or without reimbursement from funds of the
Office, as agreed upon by the Board and the Comptroller General.
(Pub. L. 92–484, §9, Oct. 13, 1972, 86 Stat. 802; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat.
814.)
EDITORIAL NOTES
AMENDMENTS
2004—Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office"
in section catchline and wherever appearing in text. | §478. Utilization of the Government Accountability Office | 2004-07-07T00:00:00 | 9ccb252d938453840df044bb0b7b63fe3dcdcafc91bb68720040eef052980fcf |
US House of Representatives | 2, 15, §479 | The Office shall maintain a continuing liaison with the National Science Foundation with respect
to—
(1) grants and contracts formulated or activated by the Foundation which are for purposes of
technology assessment; and
(2) the promotion of coordination in areas of technology assessment, and the avoidance of
unnecessary duplication or overlapping of research activities in the development of technology
assessment techniques and programs.
(Pub. L. 92–484, §10(a), Oct. 13, 1972, 86 Stat. 802.) | §479. Coordination of activities with National Science Foundation | 2024-07-12T00:00:00 | fbf4cce75edf84b5e83daebd7fbd59fad5750c9f652a8cc6c293e8d5ffb57c9f |
US House of Representatives | 2, 15, §481 | (a) To enable the Office to carry out its powers and duties, there is hereby authorized to be
appropriated to the Office, out of any money in the Treasury not otherwise appropriated, not to
exceed $5,000,000 in the aggregate for the two fiscal years ending June 30, 1973, and June 30, 1974,
and thereafter such sums as may be necessary.
(b) Appropriations made pursuant to the authority provided in subsection (a) shall remain
available for obligation, for expenditure, or for obligation and expenditure for such period or periods
as may be specified in the Act making such appropriations. | §481. Authorization of appropriations; availability of appropriations | 1974-06-30T00:00:00 | bad4fa650d635d1007a8537682f411edadc31259ec7060a478bbf110f022080a |
US House of Representatives | 2, 16, §501 | (a) Establishment; designation
There is established a special commission of the House of Representatives, designated the "House
Communications Standards Commission" (herein referred to as the "Commission").
(b) Membership; political party representation; Chairman; vacancies; quorum
The Commission shall be composed of six Members appointed by the Speaker of the House, three
from the majority political party, and three from the minority political party, in the House. The
Speaker shall designate as Chairman of the Commission, from among the members of the Committee
on Post Office and Civil Service of the House, one of the Members appointed to the Commission. A
vacancy in the membership of the Commission shall be filled in the same manner as the original
appointment. Four members of the Commission shall constitute a quorum to do business.
(c) Assistance and use of personnel, including chief counsel, of Committee on Post Office and
Civil Service of the House
In performing its duties and functions, the Commission may use such personnel, office space,
equipment, and facilities of, and obtain such other assistance from, the Committee on Post Office
and Civil Service of the House, as such committee shall make available to the Commission. Such
personnel and assistance shall include, in all cases, the services and assistance of the chief counsel or
other head of the professional staff (by whatever title designated) of such committee. All assistance
so furnished to the Commission by the Committee on Post Office and Civil Service shall be
sufficient to enable the Commission to perform its duties and functions efficiently and effectively.
(d) Advisory opinions or consultations respecting franked mail for persons entitled to franking
privilege; franking privilege regulations
[Release Point 118-70]
(1) The Commission shall provide guidance, assistance, advice, and counsel, through advisory
opinions or consultations, in connection with the mailing or contemplated mailing of franked mail
under section 3210, 3211, 3212, 3213(2), 3218, or 3219, in connection with the operation of section
3215, of title 39, and in connection with any other Federal law (other than any law which imposes
any criminal penalty) or any rule of the House of Representatives relating to franked mail, upon the
request of any Member of the House or Member-elect, Resident Commissioner or Resident
Commissioner-elect, Delegate or Delegate-elect, any former Member of the House or former
Member-elect, Resident Commissioner or Resident Commissioner-elect, Delegate or Delegate-elect,
any surviving spouse of any of the foregoing (or any individual designated by the Clerk of the House
under section 3218 of title 39), or any other House official or former House official, entitled to send
mail as franked mail under any of those sections. The Commission shall prescribe regulations
governing the proper use of the franking privilege under those sections by such persons.
(2) In addition to the guidance, assistance, advice, and counsel described in paragraph (1), the
Commission shall provide—
(A) guidance, assistance, advice, and counsel, through advisory opinions or consultations, in
connection with any law and with any rule or regulation of the House of Representatives
governing the dissemination of mass communications other than franked mail; and
(B) guidance, assistance, advice, and counsel in connection with any law and with any rule or
regulation of the House of Representatives governing the official content of other official
communications of any quantity, whether solicited or unsolicited.
(e) Complaint of franked mail violations; investigation; notice and hearing; conclusiveness of
findings; decision of Commission; judicial review; reference of certain violations to
Committee on Standards of Official Conduct of the House for appropriate action and
enforcement; administrative procedure regulations
Any complaint that a violation of any provision of law or any rule or regulation of the House of
Representatives to which subsection (d) applies is about to occur, or has occurred within the
immediately preceding period of one year, by any person referred to in such subsection (d), shall
contain pertinent factual material and shall conform to regulations prescribed by the Commission.
The Commission, if it determines there is reasonable justification for the complaint, shall conduct an
investigation of the matter, including an investigation of reports and statements filed by the
complainant with respect to the matter which is the subject of the complaint. The Commission shall
afford to the person who is the subject of the complaint due notice and, if it determines that there is
substantial reason to believe that such violation has occurred or is about to occur, opportunity for all
parties to participate in a hearing before the Commission. The Commission shall issue a written
decision on each complaint under this subsection not later than thirty days after such a complaint has
been filed or, if a hearing is held, not later than thirty days after the conclusion of such hearing. Such
decision shall be based on written findings of fact in the case by the Commission. Such findings of
fact by the Commission on which its decision is based are binding and conclusive for all judicial and
administrative purposes, including purposes of any judicial challenge or review. Any judicial review
of such decision, if ordered on any ground, shall be limited to matters of law. If the Commission
finds in its written decision, that a serious and willful violation has occurred or is about to occur, it
may refer such decision to the Committee on Standards of Official Conduct of the House of
Representatives for appropriate action and enforcement by the committee concerned in accordance
with applicable rules and precedents of the House and such other standards as may be prescribed by
such committee. In the case of a former Member of the House or a former Member-elect, a former
Resident Commissioner or Delegate or Resident Commissioner-elect or Delegate-elect, any
surviving spouse of any of the foregoing (or any individual designated by the Clerk of the House
under section 3218 of title 39), or any other former House official, if the Commission finds in its
written decision that any serious and willful violation has occurred or is about to occur, then the
Commission may refer the matter to any appropriate law enforcement agency or official for
appropriate remedial action. Notwithstanding any other provision of law, no court or administrative
body in the United States or in any territory thereof shall have jurisdiction to entertain any civil
action of any character concerning or related to a violation of any provision of law or any rule or
[Release Point 118-70]
regulation of the House of Representatives to which subsection (d) applies, except judicial review of
the decisions of the Commission under this subsection. The Commission shall prescribe regulations
for the holding of investigations and hearings, the conduct of proceedings, and the rendering of
decisions under this subsection providing for equitable procedures and the protection of individual,
public, and Government interests. The regulations shall, insofar as practicable, contain the substance
of the administrative procedure provisions of sections 551–559, and 701–706, of title 5. These
regulations shall govern matters under this subsection subject to judicial review thereof.
(f) Procedural considerations; sessions, place and time; subpenas, issuance and service; oaths
and affirmations; testimony; printing and binding; expenditures; organizational and
procedural regulations; majority assent
The Commission may sit and act at such places and times during the sessions, recesses, and
adjourned periods of Congress, require by subpena or otherwise the attendance of such witnesses and
the production of such books, papers, and documents, administer such oaths and affirmations, take
such testimony, procure such printing and binding, and make such expenditures, as the Commission
considers advisable. The Commission may make such rules respecting its organization and
procedures as it considers necessary, except that no action shall be taken by the Commission unless a
majority of the Commission assent. Subpenas may be issued over the signature of the Chairman of
the Commission or of any member designated by him or by the Commission, and may be served by
such person or persons as may be designated by such Chairman or member. The Chairman of the
Commission or any member thereof may administer oaths or affirmations to witnesses.
(g) Property of Commission; records; voting record; location of records, data, and files
The Commission shall keep a complete record of all its actions, including a record of the votes on
any question on which a record vote is demanded. All records, data, and files of the Commission
shall be the property of the Commission and shall be kept in the offices of the Commission or such
other places as the Commission may direct.
(h) Definition of mass communication
In this section, the term "mass communication" means a mass mailing described in section
3210(a)(6)(E) of title 39 or any other unsolicited communication of substantially identical content
which is transmitted to 500 or more persons in a session of Congress, as provided under regulations
of the Commission, except that such term does not include—
(1) any communication from an individual described in subsection (d) to another individual
described in subsection (d), a Senator, or any Federal, State, local, or Tribal government official;
(2) any news release to the communications media;
(3) any such mass mailing or unsolicited communication made in direct response to a
communication from a person to whom the mass mailing or unsolicited communication was
transmitted; or
(4) in the case of any such unsolicited communication which is transmitted in a digital format, a
communication for which the cost of the content is less than a threshold amount established under
regulations of the House Communications Standards Commission.
(Pub. L. 93–191, §5, Dec. 18, 1973, 87 Stat. 742; Pub. L. 93–255, §3(a), Mar. 27, 1974, 88 Stat. 52;
Pub. L. 97–69, §7, Oct. 26, 1981, 95 Stat. 1043; Pub. L. 116–260, div. I, title I, §116(b)(1), (c)(1),
Dec. 27, 2020, 134 Stat. 1637, 1638.)
EDITORIAL NOTES
AMENDMENTS
2020—Subsec. (a). Pub. L. 116–260, §116(b)(1), substituted "House Commission on Congressional
Mailing Standards" for "House Commission on Congressional Mailing Standards".
Subsec. (d). Pub. L. 116–260, §116(c)(1)(A), designated existing provisions as par. (1) and added par. (2).
Subsec. (e). Pub. L. 116–260, §116(c)(1)(B), in first sentence, substituted "Any complaint that a violation
of any provision of law or any rule or regulation of the House of Representatives to which subsection (d)
[Release Point 118-70]
applies is about to occur" for "Any complaint by any person that a violation of any section of title 39 referred
to in subsection (d) of this section (or any other Federal law which does not include any criminal penalty or
any rule of the House of Representatives relating to franked mail) is about to occur" and in tenth sentence,
substituted "a violation of any provision of law or any rule or regulation of the House of Representatives to
which subsection (d) applies," for "a violation of the franking laws or an abuse of the franking privilege by
any person listed under subsection (d) of this section as entitled to send mail as franked mail,".
Subsec. (h). Pub. L. 116–260, §116(c)(1)(C), added subsec. (h).
1981—Subsec. (d). Pub. L. 97–69, §7(a)(1), (b), inserted references to Federal laws (other than laws which
impose criminal penalties), to rules of the House of Representatives relating to franked mail, to former
Members of the House of Representatives or Members-elect, Resident Commissioners or Resident
Commissioners-elect, Delegates or Delegates-elect, and former House officials, and to individuals designated
by the Clerk of the House under section 3218 of title 39.
Subsec. (e). Pub. L. 97–69, §7(a)(2), (c), inserted reference to Federal laws that do not include criminal
penalties or rules of the House of Representatives relating to franked mail and inserted provision that, in the
case of a former Member of the House or a former Member-elect, a former Resident Commissioner or
Delegate or Resident Commissioner-elect or Delegate-elect, any surviving spouse of any of the foregoing (or
any individual designated by the Clerk of the House under section 3218 of title 39), or any other former House
official, if the Commission finds in its written decision that any serious and willful violation has occurred or is
about to occur, then the Commission may refer the matter to any appropriate law enforcement agency or
official for appropriate remedial action.
1974—Subsec. (d). Pub. L. 93–255 inserted reference to section 3219 of title 39.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Pub. L. 116–260, div. I, title I, §116(b)(3), Dec. 27, 2020, 134 Stat. 1637, provided that: "Any reference in
any rule, regulation, or other document to the House Commission on Congressional Mailing Standards shall
be deemed to be a reference to the House Communications Standards Commission."
Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics
of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
EFFECTIVE DATE OF 2020 AMENDMENT
Pub. L. 116–260, div. I, title I, §116(f), Dec. 27, 2020, 134 Stat. 1641, provided that: "Except as provided in
subsection (e)(5)(B), this section and the amendments made by this section [amending this section, sections
503 and 506 of this title, and sections 3210, 3216, and 3220 of Title 39, Postal Service] shall apply with
respect to communications disseminated on or after the date of the enactment of this Act [Dec. 27, 2020]."
EFFECTIVE DATE
Section effective Dec. 18, 1973, see section 14 of Pub. L. 93–191, set out as an Effective Date of 1973
Amendment note under section 3210 of Title 39, Postal Service.
SHORT TITLE OF 2020 AMENDMENT
Pub. L. 116–260, div. I, title I, §116(a), Dec. 27, 2020, 134 Stat. 1637, provided that: "This section
[amending this section, sections 503 and 506 of this title, and sections 3210, 3216, and 3220 of Title 39, Postal
Service, and enacting provisions set out as notes under this section and section 3210 of Title 39] may be cited
as the 'Communications Outreach Media and Mail Standards Act' or the 'COMMS Act'."
ABOLITION OF HOUSE COMMITTEE ON POST OFFICE AND CIVIL SERVICE
Committee on Post Office and Civil Service of House of Representatives abolished by House Resolution
No. 6, One Hundred Fourth Congress, Jan. 4, 1995. References to Committee on Post Office and Civil Service
with respect to House Commission on Congressional Mailing Standards treated as referring to Committee on
House Oversight, see section 1(b) of Pub. L. 104–14, set out as a note preceding section 21 of this title.
Committee on House Oversight of House of Representatives changed to Committee on House Administration
of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. | §501. House Communications Standards Commission | 2024-07-12T00:00:00 | 8b153fa8c6b0651dbb4ef363e6ff52f9ff3498164c28038f199d9335ba56fecf |
US House of Representatives | 2, 16, §502 | [Release Point 118-70]
(a) Advisory opinions or consultations respecting franked mail for persons entitled to franking
privilege; franking privilege regulations
The Select Committee on Standards and Conduct of the Senate shall provide guidance, assistance,
advice and counsel, through advisory opinions or consultations, in connection with the mailing or
contemplated mailing of franked mail under section 3210, 3211, 3212, 3213(2), 3218, or 3219, and
in connection with the operation of section 3215, of title 39, upon the request of any Member of the
Senate or Member-elect, surviving spouse of any of the foregoing, or other Senate official, entitled to
send mail as franked mail under any of those sections. The select committee shall prescribe
regulations governing the proper use of the franking privilege under those sections by such persons.
(b) Complaint of franked mail violations; investigation; notice and hearing; decision of select
committee; enforcement
Any complaint filed by any person with the select committee that a violation of any section of title
39 referred to in subsection (a) of this section is about to occur or has occurred within the
immediately preceding period of one year, by any person referred to in such subsection (a), shall
contain pertinent factual material and shall conform to regulations prescribed by the select
committee. The select committee, if it determines there is reasonable justification for the complaint,
shall conduct an investigation of the matter, including an investigation of reports and statements filed
by the complainant with respect to the matter which is the subject of the complaint. The committee
shall afford to the person who is the subject of the complaint due notice and, if it determines that
there is substantial reason to believe that such violation has occurred or is about to occur, opportunity
for all parties to participate in a hearing before the select committee. The select committee shall issue
a written decision on each complaint under this subsection not later than thirty days after such a
complaint has been filed or, if a hearing is held, not later than thirty days after the conclusion of such
hearing. Such decision shall be based on written findings of fact in the case by the select committee.
If the select committee finds, in its written decision, that a violation has occurred or is about to occur,
the committee may take such action and enforcement as it considers appropriate in accordance with
applicable rules, precedents, and standing orders of the Senate, and such other standards as may be
prescribed by such committee.
(c) Administrative or judicial jurisdiction of civil actions respecting franking law violations or
abuses of franking privilege dependent on filing of complaint with select committee and
rendition of decision by such committee
Notwithstanding any other provision of law, no court or administrative body in the United States
or in any territory thereof shall have jurisdiction to entertain any civil action of any character
concerning or related to a violation of the franking laws or an abuse of the franking privilege by any
person listed under subsection (a) of this section as entitled to send mail as franked mail, until a
complaint has been filed with the select committee and the committee has rendered a decision under
subsection (b) of this section.
(d) Administrative procedure regulations
The select committee shall prescribe regulations for the holding of investigations and hearings, the
conduct of proceedings, and the rendering of decisions under this subsection providing for equitable
procedures and the protection of individual, public, and Government interests. The regulations shall,
insofar as practicable, contain the substance of the administrative procedure provisions of sections
551 to 559 and 701 to 706, of title 5. These regulations shall govern matters under this subsection
subject to judicial review thereof.
(e) Property of Senate; records of select committee; voting record; location of records, data,
and files
The select committee shall keep a complete record of all its actions, including a record of the votes
on any question on which a record vote is demanded. All records, data, and files of the select
committee shall be the property of the Senate and shall be kept in the offices of the select committee
or such other places as the committee may direct.
[Release Point 118-70]
(Pub. L. 93–191, §6, Dec. 18, 1973, 87 Stat. 744; Pub. L. 93–255, §3(b), Mar. 27, 1974, 88 Stat. 52.)
EDITORIAL NOTES
AMENDMENTS
1974—Subsec. (a). Pub. L. 93–255 inserted reference to section 3219 of title 39.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Dec. 18, 1973, see section 14 of Pub. L. 93–191, set out as an Effective Date of 1973
Amendment note under section 3210 of Title 39, Postal Service. | §502. Select Committee on Standards and Conduct of the Senate | 2024-07-12T00:00:00 | 9d01dd68c35a4f0d97a6bf0789d6e9528a4d6d7a0382c96fa6c916ed2222886c |
US House of Representatives | 2, 16, §503 | (a) Congressional committee regulations for expenditure of appropriations for official mail
Except as otherwise provided in this section, funds appropriated by this Act or any other Act for
expenses of official mail of any person entitled to use the congressional frank may be expended only
in accordance with regulations prescribed by the Committee on Rules and Administration of the
Senate or the Committee on House Oversight of the House of Representatives, as applicable. Such
regulations shall require—
(1) individual accountability for use of official mail by each person entitled to use the
congressional frank;
(2)(A) with respect to the House of Representatives, allocation of funds for official mail to be
made to each such person with respect to each session of Congress (with no transfer to any other
session or to any other such person); and
(B) with respect to the Senate, allocation of funds for official mail to be made to each such
person with respect to each session of Congress (with no transfer to any other session, other than
transfers from the first session of a Congress to the second session of that Congress, or to any
other such person); and
(3) with respect to the House of Representatives, that in addition to any other report or
information made available to the public (through the House Communications Standards
Commission or otherwise) regarding the use of the frank, the Chief Administrative Officer of the
House of Representatives shall include in the quarterly report of receipts and expenditures
submitted to the House of Representatives a statement (based solely on data provided for that
purpose by the Committee on House Oversight of the House of Representatives and the House
Communications Standards Commission) of costs incurred for official mail by each person
entitled to use the congressional frank.
(b) Postmaster General functions
The Postmaster General, in consultation with the Committee on Rules and Administration of the
Senate and the Committee on House Oversight of the House of Representatives—
(1) shall monitor use of official mail by each person entitled to use the congressional frank;
(2) at least monthly, shall notify any person with an allocation under subsection (a)(2)(A) as to
the amount that has been used and any person with an allocation under subsection (a)(2)(B) as to
the percentage of the allocation that has been used; and
(3) may not carry or deliver official mail the cost of which is in excess of an allocation under
subsection (a)(2).
(c) Source of funds for expenses of official mail
Expenses of official mail of the Senate and the House of Representatives may be paid only from
funds specifically appropriated for that purpose and funds so appropriated—
(1) may be supplemented by other appropriated funds only if such supplementation is provided
[Release Point 118-70]
for by law or by regulation under subsection (a); and
(2) may not be supplemented by funds from any other source, public or private.
(d) Maintenance or use of unofficial office accounts or defrayal of official expenses from
certain funds prohibited
No Senator or Member of the House of Representatives may maintain or use, directly or
indirectly, an unofficial office account or defray official expenses for franked mail, employee
salaries, office space, furniture, or equipment and any associated information technology services
(excluding handheld communications devices) from—
(1) funds received from a political committee or derived from a contribution or expenditure (as
such terms are defined in section 30101 of title 52);
(2) funds received as reimbursement for expenses incurred by the Senator or Member in
connection with personal services provided by the Senator or Member to the person making the
reimbursement; or
(3) any other funds that are not specifically appropriated for official expenses.
(e) Official Mail Allowance in House of Representatives
(1) The use of funds of the House of Representatives which are made available for official mail of
Members, officers, and employees of the House of Representatives who are persons entitled to use
the congressional frank shall be governed by regulations promulgated—
(A) by the Committee on House Oversight of the House of Representatives, with respect to
allocation and expenditures relating to official mail (except as provided in subparagraph (B)); and
(B) by the House Communications Standards Commission, with respect to matters under
section 3210(a)(6)(D) of title 39.
(2) Funds used for official mail—
(A) with respect to a Member of the House of Representatives, shall be available, in a session of
Congress, in a total amount, as determined under paragraph (1)(A), of not more than the product
of (i) 3 times the single-piece rate applicable to first class mail, and (ii) the number (as determined
by the Postmaster General) of addresses (other than business possible delivery stops) in the
congressional district, as such addresses are described in section 3210(d)(7)(B) of title 39; and
(B) with respect to any other person entitled to use the congressional frank in the House of
Representatives (including any Member of the House of Representatives who receives an
allocation under subsection (a)(2) with respect to duties as an elected officer of, or holder of
another position in, the House of Representatives), shall be available, in a session of Congress, in
a total amount determined under paragraph (1)(A).
(f) Mass mailing; submission of samples or description of proposed mail matter; advisory
opinion
(1) Except as provided in paragraph (2), a Member of the House of Representatives shall, before
making any mass communication, submit a sample or description of the matter involved to the
House Communications Standards Commission for an advisory opinion as to whether such proposed
communication is in compliance with applicable provisions of law, rule, or regulation.
(2) Paragraph (1) does not apply in the case of any type of mass communication which is
designated as exempt from the requirements of such paragraph as provided under regulations of the
House Communications Standards Commission.
(g) "Member of the House of Representatives" and "person entitled to use the congressional
frank" defined
As used in subsections (a) through (f)—
(1) the term "Member of the House of Representatives" means a Representative in, or a
Delegate or Resident Commissioner to, the Congress;
(2) the term "person entitled to use the congressional frank" means a Senator, Member of the
House of Representatives, or other person authorized to use the frank under section 3210(b) of
title 39; and
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(3) the term "mass communication" means a mass mailing described in section 3210(a)(6)(E) of
title 39 or any other unsolicited communication of substantially identical content which is
transmitted to 500 or more persons in a session of Congress, as provided under regulations of the
House Communications Standards Commission, except that such term does not include—
(A) any communication from a Member of the House of Representatives to another Member
of the House of Representatives, a Senator, or any Federal, State, or local government official;
(B) any news release to the communications media;
(C) any such mass mailing or unsolicited communication made in direct response to a
communication from a person to whom the mass mailing or unsolicited communication was
transmitted; or
(D) in the case of any such unsolicited communication which is transmitted in a digital
format, a communication for which the cost of the content is less than a threshold amount
established under regulations of the House Communications Standards Commission.
(h) Omitted
(i) Effective date
This section and the amendments made by this section shall apply with respect to sessions of
Congress beginning with the first session of the One Hundred Second Congress, except that, with
respect to the Senate, subsection (d) shall apply beginning on May 1, 1992, and the funds referred to
in paragraph (3) of such subsection shall not include personal funds of a Senator or Member of the
House of Representatives.
(Pub. L. 101–520, title III, §311, Nov. 5, 1990, 104 Stat. 2278; Pub. L. 102–229, title II, §211, Dec.
12, 1991, 105 Stat. 1718; Pub. L. 104–186, title II, §203(22), Aug. 20, 1996, 110 Stat. 1728; Pub. L.
105–275, title I, §104, Oct. 21, 1998, 112 Stat. 2439; Pub. L. 106–19, §1(a), Apr. 8, 1999, 113 Stat.
29; Pub. L. 106–57, title I, §§102, 103(a)(1)–(3), (4)(B), Sept. 29, 1999, 113 Stat. 415; Pub. L.
107–68, title I, §110, Nov. 12, 2001, 115 Stat. 569; Pub. L. 108–83, title I, §105(a), Sept. 30, 2003,
117 Stat. 1018; Pub. L. 116–260, div. I, title I, §116(b)(2)(B), (c)(2), Dec. 27, 2020, 134 Stat. 1637,
1639.)
EDITORIAL NOTES
REFERENCES IN TEXT
The amendments made by this section, referred to in subsec. (i), means the amendments made by section
311(h) of Pub. L. 101–520, which amended section 6314 of this title and sections 3210 and 3216 of Title 39,
Postal Service, and amended provisions set out as notes under sections 3210 and 3216 of Title 39.
CODIFICATION
Section was formerly classified to section 59e of this title prior to editorial reclassification and renumbering
as this section.
Section is from the Legislative Branch Appropriations Act, 1991.
Subsec. (h) of this section made the amendments specified in the References in Text note above.
AMENDMENTS
2020—Subsec. (a)(3). Pub. L. 116–260, §116(b)(2)(B), substituted "House Communications Standards
Commission" for "House Commission on Congressional Mailing Standards" in two places.
Subsec. (e)(1)(B). Pub. L. 116–260, §116(b)(2)(B), substituted "House Communications Standards
Commission" for "House Commission on Congressional Mailing Standards".
Subsec. (f). Pub. L. 116–260, §116(c)(2)(B), designated existing provisions as par. (1), substituted "Except
as provided in paragraph (2), a Member" for "A Member", and added par. (2).
Pub. L. 116–260, §116(c)(2)(A), substituted "any mass communication" for "any mass mailing", "matter"
for "mail matter", "House Communications Standards Commission" for "House Commission on
Congressional Mailing Standards", and "such proposed communication" for "such proposed mailing".
Pub. L. 116–260, §116(b)(2)(B), substituted "House Communications Standards Commission" for "House
Commission on Congressional Mailing Standards".
Subsec. (g)(3). Pub. L. 116–260, §116(c)(2)(C), added par. (3).
[Release Point 118-70]
2003—Subsec. (d). Pub. L. 108–83, in introductory provisions, struck out "in the House, or official
expenses" after "defray official expenses" and "in the Senate" after "(excluding handheld communications
devices)".
2001—Subsec. (d). Pub. L. 107–68, in introductory provisions, inserted "in the House, or official expenses
for franked mail, employee salaries, office space, furniture, or equipment and any associated information
technology services (excluding handheld communications devices) in the Senate" after "expenses".
1999—Subsec. (a)(3). Pub. L. 106–57, §103(a)(4)(B), substituted "costs incurred for official mail by" for
"costs charged against the Official Mail Allowance for".
Subsec. (b)(2). Pub. L. 106–19 substituted "any person with an allocation under subsection (a)(2)(A) as to
the amount that has been used and any person with an allocation under subsection (a)(2)(B)" for "any person
with an allocation under subsection (a)(2)".
Subsec. (e)(1). Pub. L. 106–57, §103(a)(1)(A), in introductory provisions, substituted "The use of funds of
the House of Representatives which are made available for official mail of Members, officers, and employees
of the House of Representatives who are persons entitled to use the congressional frank shall be governed by
regulations promulgated—" for "There is established in the House of Representatives an Official Mail
Allowance for Members, officers, and employees of the House of Representatives who are persons entitled to
use the congressional frank. Regulations for use of the Official Mail Allowance shall be prescribed—".
Subsec. (e)(1)(A). Pub. L. 106–57, §103(a)(1)(B), substituted "official mail (except as provided in
subparagraph (B))" for "the Allowance".
Subsec. (e)(2). Pub. L. 106–57, §103(a)(2)(A), substituted "Funds used for official mail—" for "The
Official Mail Allowance—" in introductory provisions.
Pub. L. 106–57, §102, made technical correction to directory language of Pub. L. 105–275, §104(a). See
1998 Amendment note below.
Subsec. (e)(2)(A) to (C). Pub. L. 106–57, §103(a)(2)(B), (C), redesignated subpars. (B) and (C) as (A) and
(B), respectively, and struck out former subpar. (A) which read as follows: "shall be available for postage for
franked mail sent at a first class, third class, or fourth class rate;".
Subsec. (e)(3). Pub. L. 106–57, §103(a)(3), struck out par. (3) which read as follows:
"(3)(A) Subject to subparagraph (B), each Member of the House of Representatives may transfer amounts
from the Members' Representational Allowance of the Member to the Official Mail Allowance of the
Member.
"(B) The total amount a Member may so transfer with respect to a session of Congress may not exceed
$25,000."
1998—Subsec. (e)(2). Pub. L. 105–275, §104(a), as amended by Pub. L. 106–57, §102, inserted "and" at
end of subpar. (B), substituted a period for "; and" at end of subpar. (C), and struck out subpar. (D) which read
as follows: "shall not be available for payment of any nonpostage fee or charge, including any fee or charge
for express mail, express mail drop shipment, certified mail, registered mail, return receipt, address correction,
or postal insurance."
Subsec. (e)(4). Pub. L. 105–275, §104(b), struck out par. (4) which read as follows: "The Members'
Representational Allowance shall be available to a Member of the House of Representatives for the payment
of nonpostage fees and charges referred to in paragraph (2)(D) and for postage for mail for official business
sent outside the United States."
1996—Subsec. (a). Pub. L. 104–186, §203(22)(B)(i), substituted "House Oversight" for "House
Administration" in introductory provisions.
Subsec. (a)(3). Pub. L. 104–186, §203(22)(A), (B)(ii), substituted "Chief Administrative Officer of the
House of Representatives" for "Clerk of the House of Representatives" and "House Oversight" for "House
Administration".
Subsec. (b). Pub. L. 104–186, §203(22)(B)(iii), substituted "House Oversight" for "House Administration"
in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 104–186, §203(22)(B)(iv), substituted "House Oversight" for "House
Administration".
Subsec. (e)(2)(A). Pub. L. 104–186, §203(22)(B)(v), struck out "only" after "available".
Subsec. (e)(3)(A). Pub. L. 104–186, §203(22)(B)(vi), substituted "Members' Representational Allowance"
for "Official Expenses Allowance and the Clerk Hire Allowance".
Subsec. (e)(4). Pub. L. 104–186, §203(22)(B)(vii), substituted "Members' Representational Allowance" for
"Official Expenses Allowance".
1991—Subsec. (i). Pub. L. 102–229 substituted "beginning on May 1, 1992," for "with respect to sessions
of Congress beginning with the second session of the One Hundred Second Congress,".
[Release Point 118-70]
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Committee on House Oversight of House of Representatives changed to Committee on House
Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6,
1999.
EFFECTIVE DATE OF 2020 AMENDMENT
Amendment by Pub. L. 116–260 applicable with respect to communications disseminated on or after Dec.
27, 2020, see section 116(f) of div. I of Pub. L. 116–260, set out as a note under section 501 of this title.
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–83, title I, §105(b), Sept. 30, 2003, 117 Stat. 1018, provided that: "The amendment made by
subsection (a) [amending this section] shall apply with respect to fiscal year 2004 and each succeeding fiscal
year."
EFFECTIVE DATE OF 1999 AMENDMENTS
Amendment by section 103(a)(1)–(3), (4)(B) of Pub. L. 106–57 applicable with respect to the first session
of the One Hundred Sixth Congress and each succeeding session of Congress, see section 103(c) of Pub. L.
106–57, set out as a note under section 4313 of this title.
Pub. L. 106–19, §1(b), Apr. 8, 1999, 113 Stat. 29, provided that: "The amendment made by subsection (a)
[amending this section] shall apply with respect to January 1999 and each succeeding month." | §503. Official mail of persons entitled to use congressional frank | 1992-05-01T00:00:00 | b731ec5e93e20b8087fa4c96a7f5f9d4b7d5bd0405edfd0db0fb59efd7d25b28 |
US House of Representatives | 2, 16, §504 | summary tabulations
Two weeks after the close of each calendar quarter, or as soon as practicable thereafter, the
Sergeant at Arms and Doorkeeper of the Senate shall send to each Senate office a statement of the
cost of postage and paper and of the other operating expenses incurred as a result of mass mailings
processed for such Senate office during such quarter. The statement shall separately identify the cost
of postage and paper and other costs, and shall distinguish the costs attributable to newsletters and all
other mass mailings. The statement shall also include the total cost per capita in the State. A
compilation of all such statements shall be sent to the Senate Committee on Rules and
Administration. A summary tabulation of such information shall be published quarterly in the
Congressional Record and included in the semiannual report of the Secretary of the Senate. Such
summary tabulation shall set forth for each Senate office the following information: the Senate
office's name, the total number of pieces of mass mail mailed during the quarter, the total cost of
such mail, and, in the case of Senators, the cost of such mail divided by the total population of the
State from which the Senator was elected, and the total number of pieces of mass mail divided by the
total population of the State from which the Senator was elected, and in the case of each Senator, the
allocation made to such Senator from the appropriation for official mail expenses.
(Pub. L. 101–520, title III, §318, Nov. 5, 1990, 104 Stat. 2283; Pub. L. 103–283, title I, §3(b), July
22, 1994, 108 Stat. 1427.)
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 59f of this title prior to editorial reclassification and renumbering
as this section.
Section is from the Legislative Branch Appropriations Act, 1991.
AMENDMENTS
1994—Pub. L. 103–283 inserted before period at end ", and in the case of each Senator, the allocation made
to such Senator from the appropriation for official mail expenses".
[Release Point 118-70]
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1994 AMENDMENT
Pub. L. 103–283, title I, §3(c), July 22, 1994, 108 Stat. 1427, provided that: "The amendments made by this
section [amending this section and section 4108 of this title] shall be effective with respect to—
"(1) reports and statements covering periods beginning on and after October 1, 1994; and
"(2) appropriations made and obligations incurred on and after such date." | §504. Mass mailings by Senate offices; quarterly statements; publication of | 1994-10-01T00:00:00 | 562d2f00e8093287c047bf1ed3308fffa438da81dd52f7d2defe6dd20345a5fc |
US House of Representatives | 2, 16, §505 | registration with Secretary of Senate
In fiscal year 1991 and thereafter, when a Senator disseminates information under the frank by a
mass mailing (as defined in section 3210(a)(6)(E) of title 39), the Senator shall register quarterly
with the Secretary of the Senate such mass mailings. Such registration shall be made by filing with
the Secretary a copy of the matter mailed and providing, on a form supplied by the Secretary, a
description of the group or groups of persons to whom the mass mailing was mailed and the number
of pieces mailed.
(Pub. L. 101–520, title III, §320, Nov. 5, 1990, 104 Stat. 2285.)
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 59g of this title prior to editorial reclassification and renumbering
as this section.
Section is from the Legislative Branch Appropriations Act, 1991. | §505. Mass mailing of information by Senators under frank; quarterly | 2024-07-12T00:00:00 | 1b46a76634bf9860826157df9b62cba6b57778b6a88ae9836b1d877df1d2bced |
US House of Representatives | 2, 16, §506 | (a) Notice that mailing is at taxpayer expense
(1) Each mass mailing sent by a Member of the House of Representatives shall bear in a
prominent place on its face, or on the envelope or outside cover or wrapper in which the mail matter
is sent, one of the notices described in paragraph (2) or a notice to the same effect in words which
may be prescribed under subsection (c). The notice shall be printed in a type size not smaller than
7-point.
(2) The notices described in this paragraph are as follows:
(A) "Paid for with official funds from the office of __________.", with the blank filled in with
the name of the Member sending the mailing.
(B) "Paid for by the funds authorized by the House of Representatives for District ____ of
__________.", with the first blank filled in with the name of the congressional district number,
and the second blank filled in with the name of the State, of the Member sending the mailing.
(C) "Paid for by official funds authorized by the House of Representatives."
(b) Publication of each Member's total expense and amount
(1) There shall be published in the itemized report of disbursements of the House of
Representatives as required by law, a summary tabulation setting forth, for the office of each
Member of the House of Representatives, the total number of pieces of mass mail mailed during the
period involved and the total cost of those mass mailings.
(2) Each such tabulation shall also include—
(A) the total cost (as referred to in paragraph (1)) divided by the number (as determined by the
Postmaster General) of addresses (other than business possible delivery stops) in the
Congressional district from which the Member was elected (as such addresses are described in
section 3210(d)(7)(B) of title 39); and
(B) the total number of pieces of mass mail (as referred to in paragraph (1)) divided by the
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Disposition of surplus or obsolete property.
606.
Contracting parity.
605a.
Sale or lease of property, supplies, or services.
605.
Omitted.
604.
Public access to budget data.
603.
Duties and functions.
602.
Establishment.
601.
Sec.
number (as determined by the Postmaster General) of addresses (other than business possible
delivery stops) in the Congressional district from which the Member was elected (as such
addresses are described in section 3210(d)(7)(B) of title 39).
(c) Regulations
The Committee on House Oversight shall prescribe such rules and regulations and shall take such
other action as the Committee considers necessary and proper for Members to conform to the
provisions of this subsection and applicable rules and regulations.
(d) Definitions
For purposes of this section—
(1) the term "Member of the House of Representatives" means a Representative in, or a
Delegate or Resident Commissioner to, the Congress; and
(2) the term "mass mailing" has the meaning given such term by section 3210(a)(6)(E) of title
39.
(e) Applicability
This section shall apply with respect to sessions of Congress beginning after September 16, 1996.
(Pub. L. 104–197, title III, §311, Sept. 16, 1996, 110 Stat. 2414; Pub. L. 116–260, div. I, title I, | §506. Mass mailing sent by House Members | 1996-09-16T00:00:00 | 5fddb52ac763b2355eb4b097664923a00900dc3d76a0ade68044aec5c1b67389 |
US House of Representatives | 2, 17, §601 | (a) In general
(1) There is established an office of the Congress to be known as the Congressional Budget Office
(hereinafter in this chapter referred to as the "Office"). The Office shall be headed by a Director; and
there shall be a Deputy Director who shall perform such duties as may be assigned to him by the
Director and, during the absence or incapacity of the Director or during a vacancy in that office, shall
act as Director.
(2) The Director shall be appointed by the Speaker of the House of Representatives and the
President pro tempore of the Senate after considering recommendations received from the
Committees on the Budget of the House and the Senate, without regard to political affiliation and
solely on the basis of his fitness to perform his duties. The Deputy Director shall be appointed by the
Director.
(3) The term of office of the Director shall be 4 years and shall expire on January 3 of the year
preceding each Presidential election. Any individual appointed as Director to fill a vacancy prior to
the expiration of a term shall serve only for the unexpired portion of that term. An individual serving
as Director at the expiration of a term may continue to serve until his successor is appointed. Any
Deputy Director shall serve until the expiration of the term of office of the Director who appointed
him (and until his successor is appointed), unless sooner removed by the Director.
(4) The Director may be removed by either House by resolution.
(5)(A) The Director shall receive compensation at an annual rate of pay that is equal to the
maximum rate of pay in effect under section 4575(f) of this title.
(B) The Deputy Director shall receive compensation at an annual rate of pay that is $1,000 less
than the annual rate of pay received by the Director, as determined under subparagraph (A).
(b) Personnel
The Director shall appoint and fix the compensation of such personnel as may be necessary to
carry out the duties and functions of the Office. All personnel of the Office shall be appointed
without regard to political affiliation and solely on the basis of their fitness to perform their duties.
The Director may prescribe the duties and responsibilities of the personnel of the Office, and
delegate to them authority to perform any of the duties, powers, and functions imposed on the Office
or on the Director. For purposes of pay (other than pay of the Director and Deputy Director) and
employment benefits, rights, and privileges, all personnel of the Office shall be treated as if they
were employees of the House of Representatives.
(c) Experts and consultants
In carrying out the duties and functions of the Office, the Director may procure the temporary (not
to exceed one year) or intermittent services of experts or consultants or organizations thereof by
contract as independent contractors, or, in the case of individual experts or consultants, by
employment at rates of pay not in excess of the daily equivalent of the highest rate of basic pay
payable under the General Schedule of section 5332 of title 5.
(d) Relationship to executive branch
The Director is authorized to secure information, data, estimates, and statistics directly from the
various departments, agencies, and establishments of the executive branch of Government and the
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regulatory agencies and commissions of the Government. All such departments, agencies,
establishments, and regulatory agencies and commissions shall furnish the Director any available
material which he determines to be necessary in the performance of his duties and functions (other
than material the disclosure of which would be a violation of law). The Director is also authorized,
upon agreement with the head of any such department, agency, establishment, or regulatory agency
or commission, to utilize its services, facilities, and personnel with or without reimbursement; and
the head of each such department, agency, establishment, or regulatory agency or commission is
authorized to provide the Office such services, facilities, and personnel.
(e) Relationship to other agencies of Congress
In carrying out the duties and functions of the Office, and for the purpose of coordinating the
operations of the Office with those of other congressional agencies with a view to utilizing most
effectively the information, services, and capabilities of all such agencies in carrying out the various
responsibilities assigned to each, the Director is authorized to obtain information, data, estimates,
and statistics developed by the Government Accountability Office, and the Library of Congress, and
1
(upon agreement with them) to utilize their services, facilities, and personnel with or without
reimbursement. The Comptroller General, and the Librarian of Congress are authorized to provide
1
the Office with the information, data, estimates, and statistics, and the services, facilities, and
personnel, referred to in the preceding sentence.
(f) Revenue estimates
For the purposes of revenue legislation which is income, estate and gift, excise, and payroll taxes
(i.e., Social Security), considered or enacted in any session of Congress, the Congressional Budget
Office shall use exclusively during that session of Congress revenue estimates provided to it by the
Joint Committee on Taxation. During that session of Congress such revenue estimates shall be
transmitted by the Congressional Budget Office to any committee of the House of Representatives or
the Senate requesting such estimates, and shall be used by such Committees in determining such
estimates. The Budget Committees of the Senate and House shall determine all estimates with
respect to scoring points of order and with respect to the execution of the purposes of this Act.
(g) Authorization of appropriations
There are authorized to be appropriated to the Office for each fiscal year such sums as may be
necessary to enable it to carry out its duties and functions. Until sums are first appropriated pursuant
to the preceding sentence, but for a period not exceeding 12 months following the effective date of
this subsection, the expenses of the Office shall be paid from the contingent fund of the Senate, in
accordance with section 6503 of this title, and upon vouchers approved by the Director.
(Pub. L. 93–344, title II, §201, July 12, 1974, 88 Stat. 302; Pub. L. 99–177, title II, §273, Dec. 12,
1985, 99 Stat. 1098, renumbered §201(g) of Pub. L. 93–344, Pub. L. 101–508, title XIII, §13202(b),
Nov. 5, 1990, 104 Stat. 1388–615; Pub. L. 101–508, title XIII, §13202(a), (c), Nov. 5, 1990, 104
Stat. 1388–615; Pub. L. 105–33, title X, §10102, Aug. 5, 1997, 111 Stat. 678; Pub. L. 106–113, div.
B, §1000(a)(5) [title II, §224], Nov. 29, 1999, 113 Stat. 1536, 1501A–299; Pub. L. 108–271, §8(b),
July 7, 2004, 118 Stat. 814; Pub. L. 116–94, div. E, title II, §212(a)(3)(B), Dec. 20, 2019, 133 Stat.
2775.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (f), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the
Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A and 17B, and
section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance,
amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1,
General Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31,
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and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632,
and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete classification of
this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
CODIFICATION
Pub. L. 101–508, §12302(b), transferred section 273 of Pub. L. 99–177, which was classified to section 921
of this title, to subsec. (g) (now (f)) of this section, relating to revenue estimates.
AMENDMENTS
2019—Subsec. (a)(5)(A). Pub. L. 116–94 substituted "the maximum rate of pay in effect under section
4575(f) of this title." for "the lower of—
"(i) the highest annual rate of compensation of any officer of the Senate; or
"(ii) the highest annual rate of compensation of any officer of the House of Representatives."
2004—Subsec. (e). Pub. L. 108–271 substituted "Government Accountability Office" for "General
Accounting Office".
1999—Subsec. (a)(5). Pub. L. 106–113 amended par. (5) generally. Prior to amendment, par. (5) read as
follows: "The Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as
in effect from time to time, for level III of the Executive Schedule in section 5314 of title 5. The Deputy
Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as so in effect, for
level IV of the Executive Schedule in section 5315 of such title."
1997—Subsec. (a)(3). Pub. L. 105–33, §10102(a), substituted "The term of office of the Director shall be 4
years and shall expire on January 3 of the year preceding each Presidential election." for "The term of office
of the Director first appointed shall expire at noon on January 3, 1979, and the terms of office of Directors
subsequently appointed shall expire at noon on January 3 of each fourth year thereafter."
Subsec. (e). Pub. L. 105–33, §10102(b), inserted "and" before "the Library", struck out "and the Office of
Technology Assessment," after "Library of Congress,", inserted "and" before "the Librarian", and struck out
", and the Technology Assessment Board" after "Librarian of Congress".
Subsecs. (f), (g). Pub. L. 105–33, §10102(c), redesignated subsec. (g), relating to revenue estimates, as (f).
1990—Subsec. (f). Pub. L. 101–508, §13202(a), redesignated subsec. (f), relating to authorization of
appropriations, as (g).
Subsec. (g). Pub. L. 101–508, §13202(a), redesignated subsec. (f), relating to authorization of
appropriations, as (g).
Pub. L. 101–508, §12302(b), (c), redesignated section 921 of this title as subsec. (g) of this section, inserted
heading "Revenue estimates" and substituted "this Act" for "this title and the Congressional Budget and
Impoundment Control Act of 1974".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2019 AMENDMENT
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period
beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec.
20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title.
EFFECTIVE DATE
Subsec. (a) effective July 12, 1974, see section 905(a) of Pub. L. 93–344, and subsecs. (b) to (f) effective on
day on which first Director of Congressional Budget Office is appointed under subsec. (a), see section 905(a),
(b) of Pub. L. 93–344, formerly set out as a note under section 621 of this title.
SHORT TITLE
Pub. L. 93–344, which enacted this chapter, to be cited in its entirety as the "Congressional Budget and
Impoundment Control Act of 1974", with titles I through IX thereof to be cited as the "Congressional Budget
Act of 1974", see section 1(a) of Pub. L. 93–344, set out as a note under section 621 of this title.
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable under specified sections of Title 5, Government
Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under
section 5376 of Title 5.
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So in original. Comma probably should not appear.
1 | §601. Establishment | 1974-07-12T00:00:00 | 1b2a2a049d938be4fdc29afff5b4cc07eac9ceb62023d48ca10929f806304556 |
US House of Representatives | 2, 17, §602 | (a) Assistance to budget committees
It shall be the primary duty and function of the Office to provide to the Committees on the Budget
of both Houses information which will assist such committees in the discharge of all matters within
their jurisdictions, including (1) information with respect to the budget, appropriation bills, and other
bills authorizing or providing new budget authority or tax expenditures, (2) information with respect
to revenues, receipts, estimated future revenues and receipts, and changing revenue conditions, and
(3) such related information as such Committees may request.
(b) Assistance to Committees on Appropriations, Ways and Means, and Finance
At the request of the Committee on Appropriations of either House, the Committee on Ways and
Means of the House of Representatives, or the Committee on Finance of the Senate, the Office shall
provide to such Committee any information which will assist it in the discharge of matters within its
jurisdiction, including information described in clauses (1) and (2) of subsection (a) and such related
information as the Committee may request.
(c) Assistance to other committees and Members
(1) At the request of any other committee of the House of Representatives or the Senate or any
joint committee of the Congress, the Office shall provide to such committee or joint committee any
information compiled in carrying out clauses (1) and (2) of subsection (a), and, to the extent
practicable, such additional information related to the foregoing as may be requested.
(2) At the request of any committee of the Senate or the House of Representatives, the Office
shall, to the extent practicable, consult with and assist such committee in analyzing the budgetary or
financial impact of any proposed legislation that may have—
(A) a significant budgetary impact on State, local, or tribal governments;
(B) a significant financial impact on the private sector; or
(C) a significant employment impact on the private sector.
(3) At the request of any Member of the House or Senate, the Office shall provide to such Member
any information compiled in carrying out clauses (1) and (2) of subsection (a), and, to the extent
available, such additional information related to the foregoing as may be requested.
(d) Assignment of office personnel to committees and joint committees
At the request of the Committee on the Budget of either House, personnel of the Office shall be
assigned, on a temporary basis, to assist such committee. At the request of any other committee of
either House or any joint committee of the Congress, personnel of the Office may be assigned, on a
temporary basis, to assist such committee or joint committee with respect to matters directly related
to the applicable provisions of subsection (b) or (c).
(e) Reports to budget committees
(1) On or before February 15 of each year, the Director shall submit to the Committees on the
Budget of the House of Representatives and the Senate a report, for the fiscal year commencing on
October 1 of that year, with respect to fiscal policy, including (A) alternative levels of total revenues,
total new budget authority, and total outlays (including related surpluses and deficits), (B) the levels
of tax expenditures under existing law, taking into account projected economic factors and any
changes in such levels based on proposals in the budget submitted by the President for such fiscal
year, and (C) a statement of the levels of budget authority and outlays for each program assumed to
be extended in the baseline, as provided in section 907(b)(2)(A) of this title and for excise taxes
assumed to be extended under section 907(b)(2)(C) of this title. Such report shall also include a
discussion of national budget priorities, including alternative ways of allocating new budget
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authority and budget outlays for such fiscal year among major programs or functional categories,
taking into account how such alternative allocations will meet major national needs and affect
balanced growth and development of the United States.
(2) The Director shall from time to time submit to the Committees on the Budget of the House of
Representatives and the Senate such further reports (including reports revising the report required by
paragraph (1)) as may be necessary or appropriate to provide such Committees with information,
data, and analyses for the performance of their duties and functions.
(3) On or before January 15 of each year, the Director, after consultation with the appropriate
committees of the House of Representatives and Senate, shall submit to the Congress a report listing
(A) all programs and activities funded during the fiscal year ending September 30 of that calendar
year for which authorizations for appropriations have not been enacted for that fiscal year, and (B)
all programs and activities for which authorizations for appropriations have been enacted for the
fiscal year ending September 30 of that calendar year, but for which no authorizations for
appropriations have been enacted for the fiscal year beginning October 1 of that calendar year.
(f) Use of computers and other techniques
The Director may equip the Office with up-to-date computer capability (upon approval of the
Committee on House Oversight of the House of Representatives and the Committee on Rules and
Administration of the Senate), obtain the services of experts and consultants in computer technology,
and develop techniques for the evaluation of budgetary requirements.
(g) Studies
(1) Continuing studies
The Director of the Congressional Budget Office shall conduct continuing studies to enhance
comparisons of budget outlays, credit authority, and tax expenditures.
(2) Federal mandate studies
(A) At the request of any Chairman or ranking member of the minority of a Committee of the
Senate or the House of Representatives, the Director shall, to the extent practicable, conduct a
study of a legislative proposal containing a Federal mandate.
(B) In conducting a study on intergovernmental mandates under subparagraph (A), the Director
shall—
(i) solicit and consider information or comments from elected officials (including their
designated representatives) of State, local, or tribal governments as may provide helpful
information or comments;
(ii) consider establishing advisory panels of elected officials or their designated
representatives, of State, local, or tribal governments if the Director determines that such
advisory panels would be helpful in performing responsibilities of the Director under this
section; and
(iii) if, and to the extent that the Director determines that accurate estimates are reasonably
feasible, include estimates of—
(I) the future direct cost of the Federal mandate to the extent that such costs significantly
differ from or extend beyond the 5-year period after the mandate is first effective; and
(II) any disproportionate budgetary effects of Federal mandates upon particular industries
or sectors of the economy, States, regions, and urban or rural or other types of communities,
as appropriate.
(C) In conducting a study on private sector mandates under subparagraph (A), the Director shall
provide estimates, if and to the extent that the Director determines that such estimates are
reasonably feasible, of—
(i) future costs of Federal private sector mandates to the extent that such mandates differ
significantly from or extend beyond the 5-year time period referred to in subparagraph
(B)(iii)(I);
(ii) any disproportionate financial effects of Federal private sector mandates and of any
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Federal financial assistance in the bill or joint resolution upon any particular industries or
sectors of the economy, States, regions, and urban or rural or other types of communities; and
(iii) the effect of Federal private sector mandates in the bill or joint resolution on the national
economy, including the effect on productivity, economic growth, full employment, creation of
productive jobs, and international competitiveness of United States goods and services.
(Pub. L. 93–344, title II, §202, July 12, 1974, 88 Stat. 304; Pub. L. 99–177, title II, §221, Dec. 12,
1985, 99 Stat. 1060; Pub. L. 101–508, title XIII, §13112(a)(3), Nov. 5, 1990, 104 Stat. 1388–608;
Pub. L. 104–4, title I, §102(1), Mar. 22, 1995, 109 Stat. 60; Pub. L. 104–186, title II, §213, Aug. 20,
1996, 110 Stat. 1745; Pub. L. 105–33, title X, §10103, Aug. 5, 1997, 111 Stat. 678.)
EDITORIAL NOTES
AMENDMENTS
1997—Subsec. (a). Pub. L. 105–33, §10103(a), inserted "primary" before "duty" in first sentence.
Subsec. (e). Pub. L. 105–33, §10103(b), redesignated subsec. (f) as (e) and struck out heading and text of
former subsec. (e). Text of par. (1) of subsec. (e) read as follows: "The duties, functions, and personnel of the
Joint Committee on Reduction of Federal Expenditures are transferred to the Office, and the Joint Committee
is abolished." Par. (2) of subsec. (e) repealed section 571 of former Title 31, Money and Finance.
Subsec. (e)(1)(C). Pub. L. 105–33, §10103(c), added subpar. (C).
Subsecs. (f) to (h). Pub. L. 105–33, §10103(b), redesignated subsecs. (g) and (h) as (f) and (g), respectively.
1996—Subsec. (g). Pub. L. 104–186 substituted "House Oversight" for "House Administration".
1995—Subsec. (c)(2), (3). Pub. L. 104–4, §102(1)(A), added par. (2) and redesignated former par. (2) as
(3).
Subsec. (h). Pub. L. 104–4, §102(1)(B), amended heading and text of subsec. (h) generally. Prior to
amendment, text read as follows: "The Director shall conduct continuing studies to enhance comparisons of
budget outlays, credit authority, and tax expenditures."
1990—Subsecs. (a)(1), (f)(1). Pub. L. 101–508 substituted "new budget authority" for "budget authority" in
subsec. (a)(1) and second sentence of subsec. (f)(1).
1985—Subsec. (f)(1). Pub. L. 99–177, §221(a), substituted "February 15" for "April 1".
Subsec. (f)(3). Pub. L. 99–177, §221(b), added par. (3).
Subsec. (h). Pub. L. 99–177, §221(c), added subsec. (h).
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Committee on House Oversight of House of Representatives changed to Committee on House
Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6,
1999.
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–4 effective Jan. 1, 1996, or on the date 90 days after appropriations are made
available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation
considered on and after such date, see section 110 of Pub. L. 104–4, set out as an Effective Date note under
section 1511 of this title.
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years
beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and
Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug.
2, 2011, 125 Stat. 246.
EFFECTIVE DATE
Section effective on day on which first Director of Congressional Budget Office is appointed under section
601(a) of this title, see section 905(b) of Pub. L. 93–344, formerly set out as a note under section 621 of this
title.
CREDIT REFORM
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Pub. L. 100–119, title II, §212, Sept. 29, 1987, 101 Stat. 787, provided that the Congressional Budget
Office, in consultation with the General Accounting Office, was to study and report to Congress, as soon as
practicable, on Federal direct loan and loan guarantee programs for fiscal years 1987 and 1988. | §602. Duties and functions | 1974-07-12T00:00:00 | a93fb50b2d0336b058f16c5e9e155b62948797c1f1ce87302c397b90395dfded |
US House of Representatives | 2, 17, §603 | (a) Right to copy
Except as provided in subsections (c), (d), and (e), the Director shall make all information, data,
estimates, and statistics obtained under section 601(d) and (e) of this title available for public
copying during normal business hours, subject to reasonable rules and regulations, and shall to the
extent practicable, at the request of any person, furnish a copy of any such information, data,
estimates, or statistics upon payment by such person of the cost of making and furnishing such copy.
(b) Index
The Director shall develop and maintain filing, coding, and indexing systems that identify the
information, data, estimates, and statistics to which subsection (a) applies and shall make such
systems available for public use during normal business hours.
(c) Exceptions
Subsection (a) shall not apply to information, data, estimates, and statistics—
(1) which are specifically exempted from disclosure by law; or
(2) which the Director determines will disclose—
(A) matters necessary to be kept secret in the interests of national defense or the confidential
conduct of the foreign relations of the United States;
(B) information relating to trade secrets or financial or commercial information pertaining
specifically to a given person if the information has been obtained by the Government on a
confidential basis, other than through an application by such person for a specific financial or
other benefit, and is required to be kept secret in order to prevent undue injury to the
competitive position of such person; or
(C) personnel or medical data or similar data the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy;
unless the portions containing such matters, information, or data have been excised.
(d) Information obtained for committees and Members
Subsection (a) shall apply to any information, data, estimates, and statistics obtained at the request
of any committee, joint committee, or Member unless such committee, joint committee, or Member
has instructed the Director not to make such information, data, estimates, or statistics available for
public copying.
(e) Level of confidentiality
With respect to information, data, estimates, and statistics obtained under sections 601(d) and
601(e) of this title, the Director shall maintain the same level of confidentiality as is required by law
of the department, agency, establishment, or regulatory agency or commission from which it is
obtained. Officers and employees of the Congressional Budget Office shall be subject to the same
statutory penalties for unauthorized disclosure or use as officers or employees of the department,
agency, establishment, or regulatory agency or commission from which it is obtained.
(Pub. L. 93–344, title II, §203, July 12, 1974, 88 Stat. 305; Pub. L. 106–554, §1(a)(7) [title III, | §603. Public access to budget data | 1974-07-12T00:00:00 | d0dde27a78b7de3f134bfdd0781b29cf451eb10627b59c399b6935351f1d4259 |
US House of Representatives | 2, 17, §605 | (a) Any sale or lease of property, supplies, or services to the Congressional Budget Office shall be
deemed to be a sale or lease to the Congress subject to section 4103 of this title.
(b) Subsection (a) shall apply with respect to fiscal years beginning after September 30, 1996.
(Pub. L. 104–197, title I, §104, Sept. 16, 1996, 110 Stat. 2404.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 4103 of this title, referred to in subsec. (a), was in the original a reference to section 903 of the
Supplemental Appropriations Act, 1983, Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 336, which is classified
to section 4103 of this title and in part as a note set out under section 4103 of this title.
CODIFICATION
Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of title
II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 104–53, title I, Nov. 19, 1995, 109 Stat. 527.
Pub. L. 103–283, title I, July 22, 1994, 108 Stat. 1433.
Pub. L. 103–69, title I, Aug. 11, 1993, 107 Stat. 701.
Pub. L. 102–392, title I, Oct. 6, 1992, 106 Stat. 1713.
Pub. L. 102–90, title I, Aug. 14, 1991, 105 Stat. 458.
Pub. L. 101–520, title I, Nov. 5, 1990, 104 Stat. 2266.
Pub. L. 101–163, title I, Nov. 21, 1989, 103 Stat. 1054.
Pub. L. 100–458, title I, Oct. 1, 1988, 102 Stat. 2169.
Pub. L. 100–202, §101(i) [title I], Dec. 22, 1987, 101 Stat. 1329–290, 1329–300.
Pub. L. 99–500, §101(j) [H.R. 5203, title I], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, | §605. Sale or lease of property, supplies, or services | 1994-07-22T00:00:00 | 65c96a6a4839e946503d6519fadc093a2565f5acc13f5e2f59c86eeb9e4c4e04 |
US House of Representatives | 2, 17, §606 | (a) The Director of the Congressional Budget Office shall have the authority, within the limits of
available appropriations, to dispose of surplus or obsolete personal property by inter-agency transfer,
donation, sale, trade-in, or discarding. Amounts received for the sale or trade-in of personal property
shall be credited to funds available for the operations of the Congressional Budget Office and be
available for the costs of acquiring the same or similar property. Such funds shall be available for
such purposes during the fiscal year in which received and the following fiscal year.
(b) Subsection (a) shall apply with respect to fiscal years beginning after September 30, 1996.
(Pub. L. 104–197, title I, §105, Sept. 16, 1996, 110 Stat. 2404; Pub. L. 107–68, title I, §126, Nov. 12,
2001, 115 Stat. 577.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of title
II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 104–53, title I, Nov. 19, 1995, 109 Stat. 527.
Pub. L. 103–283, title I, July 22, 1994, 108 Stat. 1433.
Pub. L. 103–69, title I, Aug. 11, 1993, 107 Stat. 701.
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–68 substituted "sale, trade-in, or discarding" for "or discarding" and
inserted at end "Amounts received for the sale or trade-in of personal property shall be credited to funds
available for the operations of the Congressional Budget Office and be available for the costs of acquiring the
same or similar property. Such funds shall be available for such purposes during the fiscal year in which
received and the following fiscal year." | §606. Disposition of surplus or obsolete property | 1994-07-22T00:00:00 | a0d68b1a925e0342db0277818043eeef7320ea42988d64e15ba619fb761ca078 |
US House of Representatives | 2, 17, §607 | (a) The Director of the Congressional Budget Office shall have the authority to make lump-sum
payments to separated employees of the Congressional Budget Office for unused annual leave.
(b) Subsection (a) shall apply with respect to fiscal years beginning after September 30, 1996.
(Pub. L. 104–197, title I, §106, Sept. 16, 1996, 110 Stat. 2404.)
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EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Congressional Operations Appropriations Act, 1997, which is title I of
the Legislative Branch Appropriations Act, 1997, and not as part of title II of the Congressional Budget and
Impoundment Control Act of 1974 which comprises this chapter. | §607. Lump-sum payments for annual leave to separated employees | 1996-09-30T00:00:00 | e170578cd07d1333ab727b7abe14fbc6db1adf5b3a42309723e58cf50bb4654c |
US House of Representatives | 2, 17, §608 | exceptional performance
(a) The Director of the Congressional Budget Office shall have the authority to make lump-sum
payments to enhance staff recruitment and to reward exceptional performance by an employee or a
group of employees.
(b) Subsection (a) shall apply with respect to fiscal years beginning after September 30, 1999.
(Pub. L. 106–57, title I, §106, Sept. 29, 1999, 113 Stat. 418.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Congressional Operations Appropriations Act, 2000, which is title I of
the Legislative Branch Appropriations Act, 2000, and not as part of title II of the Congressional Budget and
Impoundment Control Act of 1974 which comprises this chapter. | §608. Lump-sum payments to enhance staff recruitment and to reward | 1999-09-30T00:00:00 | c71fd0bd8c14af58ae60f87a44281e0e3c045d4a93cc5d16321dae392e44084d |
US House of Representatives | 2, 17, §609 | (a) In general
The Director of the Congressional Budget Office may, by regulation, make applicable such
provisions of chapter 41 of title 5 as the Director determines necessary to provide on and after
November 12, 2001, for training of individuals employed by the Congressional Budget Office.
(b) Regulations
The implementing regulations shall provide for training that, in the determination of the Director,
is consistent with the training provided by agencies subject to chapter 41 of title 5.
(c) Recovery of debt
Any recovery of debt owed to the Congressional Budget Office under this section and its
implementing regulations shall be credited to the appropriations account available for salaries and
expenses of the Office at the time of recovery.
(d) Applicability
This section shall apply to fiscal year 2002 and each fiscal year thereafter.
(Pub. L. 107–68, title I, §125, Nov. 12, 2001, 115 Stat. 577.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Congressional Operations Appropriations Act, 2002, which is title I of
the Legislative Branch Appropriations Act, 2002, and not as part of title II of the Congressional Budget and
Impoundment Control Act of 1974 which comprises this chapter. | §609. Employee training | 2001-11-12T00:00:00 | 84b6e116f7a475824c5907bef62ca3799d579152cd44183f17c885bccc5d094a |
US House of Representatives | 2, 17, §610 | [Release Point 118-70]
(a) Authorization
The Director of the Congressional Budget Office may, in order to recruit or retain qualified
personnel, establish and maintain on and after November 12, 2001, a program under which the
Office may agree to repay (by direct payments on behalf of the employee) all or a portion of any
student loan previously taken out by such employee.
(b) Regulations
The Director may, by regulation, make applicable such provisions of section 5379 of title 5 as the
Director determines necessary to provide for such program.
(c) Maximum amount
The regulations shall provide the amount paid by the Office may not exceed—
(1) $6,000 for any employee in any calendar year; or
(2) a total of $40,000 in the case of any employee.
(d) Limitation
The Office may not reimburse an employee for any repayments made by such employee prior to
the Office entering into an agreement under this section with such employee.
(e) Accounting
Any amount repaid by, or recovered from, an individual under this section and its implementing
regulations shall be credited to the appropriation account available for salaries and expenses of the
Office at the time of repayment or recovery.
(f) Applicability
This section shall apply to fiscal year 2002 and each fiscal year thereafter.
(Pub. L. 107–68, title I, §127, Nov. 12, 2001, 115 Stat. 577.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Congressional Operations Appropriations Act, 2002, which is title I of
the Legislative Branch Appropriations Act, 2002, and not as part of title II of the Congressional Budget and
Impoundment Control Act of 1974 which comprises this chapter. | §610. Repayment of student loan on behalf of employee | 2001-11-12T00:00:00 | ca6e58a07a56f6748b6d7c710da4a8730283b4fc8db29f567a4521cbccbf6620 |
US House of Representatives | 2, 17, §611 | (a) Establishment
The Director of the Congressional Budget Office may, by regulation, make applicable such
provisions of section 3396 of title 5 as the Director determines necessary to establish a program
providing opportunities for employees of the Office to engage in details or other temporary
assignments in other agencies, study, or uncompensated work experience which will contribute to the
employees' development and effectiveness.
(b) Effective date
This section shall apply to fiscal year 2003 and each fiscal year thereafter.
(Pub. L. 108–7, div. H, title I, §1101, Feb. 20, 2003, 117 Stat. 370.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Legislative Branch Appropriations Act, 2003, which is div. H of the
Consolidated Appropriations Resolution, 2003, and not as part of title II of the Congressional Budget and
Impoundment Control Act of 1974 which comprises this chapter.
[Release Point 118-70]
STATUTORY NOTES AND RELATED SUBSIDIARIES
EXECUTIVE EXCHANGE PROGRAM FOR THE CONGRESSIONAL BUDGET OFFICE
Pub. L. 110–161, div. H, title I, §1201, Dec. 26, 2007, 121 Stat. 2238, as amended by Pub. L. 111–68, div.
A, title I, §1201, Oct. 1, 2009, 123 Stat. 2032, which established an executive exchange program and was
formerly set out as a note under this section, was transferred to section 612 of this title. | §611. Employee development program | 2024-07-12T00:00:00 | 962a22574e245986508ec9a3008013c97f2b6c04667bbfc7ca14a459ed9e62b1 |
US House of Representatives | 2, 17, §612 | (a) In general
The Director of the Congressional Budget Office may establish and conduct an executive
exchange program under which employees of the Office may be assigned to private sector
organizations, and employees of private sector organizations may be assigned to the Office, for
1-year periods to further the institutional interests of the Office or Congress, including for the
purpose of providing training to officers and employees of the Office.
(b) Limitations and conditions
The Director of the Congressional Budget Office shall—
(1) limit the number of officers and employees who are assigned to private sector organizations
at any one time to not more than 5;
(2) limit the number of employees from private sector organizations who are assigned to the
Office at any one time to not more than 5;
(3) require that an employee of a private sector organization assigned to the Office may not
have access to any trade secrets or to any other nonpublic information which is of commercial
value to the private sector organization from which such employee is assigned; and
(4) approve employees to be detailed from the private sector without regard to political
affiliation and solely on the basis of their fitness to perform their assigned duties.
(c) Treatment of private employees
An employee of a private sector organization assigned to the Office under the executive exchange
program shall be considered to be an employee of the Office for purposes of—
(1) chapter 73 of title 5;
(2) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18;
(3) sections 1343, 1344, and 1349(b) of title 31;
(4) chapter 171 of title 28 (commonly referred to as the "Federal Tort Claims Act") and any
other Federal tort liability statute;
(5) chapter 131 of title 5; and
(6) section 1043 of title 26.
(d) Effective date
This section shall apply to fiscal year 2008 and each fiscal year thereafter.
(Pub. L. 110–161, div. H, title I, §1201, Dec. 26, 2007, 121 Stat. 2238; Pub. L. 111–68, div. A, title
I, §1201, Oct. 1, 2009, 123 Stat. 2032; Pub. L. 117–286, §4(c)(1), Dec. 27, 2022, 136 Stat. 4353.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Legislative Branch Appropriations Act, 2008, which is div. H of the
Consolidated Appropriations Act, 2008, and not as part of title II of the Congressional Budget and
Impoundment Control Act of 1974 which comprises this chapter.
Section was formerly set out as a note under section 611 of this title.
AMENDMENTS
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House approval of regular appropriation bills.
640.
Reports, summaries, and projections of Congressional budget actions.
639.
House Committee action on all appropriation bills to be completed by June 10.
638.
Legislation dealing with Congressional budget must be handled by Budget Committees.
637.
Provisions relating to consideration of concurrent resolutions on the budget.
636.
Permissible revisions of concurrent resolutions on the budget.
635.
Concurrent resolution on the budget must be adopted before budget-related legislation
is considered.
634.
Committee allocations.
633.
Annual adoption of concurrent resolution on the budget.
632.
Timetable.
631.
Continuing study of additional budget reform proposals.
623.
Definitions.
622.
Congressional declaration of purpose.
621.
Sec.
2022—Subsec. (c)(5). Pub. L. 117–286 substituted "chapter 131 of title 5;" for "the Ethics in Government
Act of 1978 (5 U.S.C. App.);".
2009—Subsec. (b)(1), (2). Pub. L. 111–68, §1201(1), substituted "5" for "3".
Subsecs. (d), (e). Pub. L. 111–68, §1201(2), (3), redesignated subsec. (e) as (d), substituted "This" for
"Subject to subsection (d), this", and struck out former subsec. (d). Prior to amendment, text of subsec. (d)
read as follows: "No assignment under this section shall commence after the end of the 2-year period
beginning on December 26, 2007." | §612. Executive exchange program | 2007-12-26T00:00:00 | e5630b39e5bb253a812e99497842eea843ecf65beb74d27e4d994eb8396adbe7 |
US House of Representatives | 2, 17, §613 | (a) In general
Notwithstanding the fourth sentence of section 601(b) of this title, the Director of the
Congressional Budget Office may establish and fix the compensation of senior level positions in the
Congressional Budget Office to meet critical scientific, technical, professional, or executive needs of
the Office.
(b) Limitation on compensation
The annual rate of pay for any position established under this section may not exceed the annual
rate of pay for level II of the Executive Schedule.
(c) Effective date
This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year.
(Pub. L. 115–31, div. I, title I, §1101, May 5, 2017, 131 Stat. 578.)
EDITORIAL NOTES
REFERENCES IN TEXT
Level II of the Executive Schedule, referred to in subsec. (b), is set out in section 5313 of Title 5,
Government Organization and Employees.
CODIFICATION
Section was enacted as part of the Legislative Branch Appropriations Act, 2017, which is div. I of the
Consolidated Appropriations Act, 2017, and not as part of title II of the Congressional Budget and
Impoundment Control Act of 1974 which comprises this chapter.
CHAPTER 17A—CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
SUBCHAPTER I—CONGRESSIONAL BUDGET PROCESS
[Release Point 118-70]
665 to 665e. Repealed.
Effect on other laws.
661f.
Treatment of deposit insurance and agencies and other insurance programs.
661e.
Authorizations.
661d.
Budgetary treatment.
661c.
OMB and CBO analysis, coordination, and review.
661b.
Definitions.
661a.
Purposes.
661.
Clarification of application.
658g.
Requests to Congressional Budget Office from Senators.
658f.
Provisions relating to House of Representatives.
658e.
Legislation subject to point of order.
658d.
Duties of Director; statements on bills and joint resolutions other than appropriations
bills and joint resolutions.
658c.
Duties of Congressional committees.
658b.
Exclusions.
658a.
Definitions.
658.
Member User Group.
656.
Off-budget agencies, programs, and activities.
655.
Study by Government Accountability Office of forms of Federal financial commitment
not reviewed annually by Congress.
654.
Analysis by Congressional Budget Office.
653.
Repealed.
652.
Budget-related legislation not subject to appropriations.
651.
Effect of adoption of special order of business in House of Representatives.
645a.
Adjustments.
645.
Extraneous matter in reconciliation legislation.
644.
Determinations and points of order.
643.
Budget-related legislation must be within appropriate levels.
642.
Reconciliation.
641.
SUBCHAPTER II—FISCAL PROCEDURES
PART A—GENERAL PROVISIONS
PART B—FEDERAL MANDATES
SUBCHAPTER III—CREDIT REFORM
SUBCHAPTER IV—BUDGET AGREEMENT ENFORCEMENT PROVISIONS | §613. Establishment of senior level positions | 2017-05-05T00:00:00 | f40fcf90fd4bddde10b17f631ef6af38e5dd27fc0db8e706ed708123b032ab76 |
US House of Representatives | 2, 17, §621 | The Congress declares that it is essential—
(1) to assure effective congressional control over the budgetary process;
(2) to provide for the congressional determination each year of the appropriate level of Federal
revenues and expenditures;
(3) to provide a system of impoundment control;
(4) to establish national budget priorities; and
(5) to provide for the furnishing of information by the executive branch in a manner that will
assist the Congress in discharging its duties.
(Pub. L. 93–344, §2, July 12, 1974, 88 Stat. 298.)
EDITORIAL NOTES
CODIFICATION
[Release Point 118-70]
Section was formerly classified to section 1301 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Pub. L. 93–344, title IX, §905, July 12, 1974, 88 Stat. 331, provided effective dates for Pub. L. 93–344
prior to repeal by Pub. L. 105–33, title X, §10120(a), Aug. 5, 1997, 111 Stat. 696.
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106–141, §1, Dec. 7, 1999, 113 Stat. 1699, provided that: "This Act [amending sections 658b and
658c of this title] may be cited as the 'State Flexibility Clarification Act'."
SHORT TITLE OF 1981 AMENDMENT
Pub. L. 97–108, §1, Dec. 23, 1981, 95 Stat. 1510, provided: "That this Act [amending section 653 of this
title and enacting provisions set out as notes under section 653 of this title] may be cited as the 'State and
Local Government Cost Estimate Act of 1981'."
SHORT TITLE
Pub. L. 93–344, §1(a), July 12, 1974, 88 Stat. 297, as amended by Pub. L. 104–130, §4(a), Apr. 9, 1996,
110 Stat. 1211, provided that: "This Act [enacting chapters 17, 17A and 17B, and section 190a–3 of this title,
and sections 11a, 11c, 11d, and 1020a of former Title 31, amending section 105 of Title 1, General Provisions,
sections 190b and 190d of this title, and sections 11, 665, 701, 1020, and 1151, 1152, 1153, and 1154 of
former Title 31, repealing sections 66 and 81 of this title, and sections 571 and 581c–1 of former Title 31, and
enacting provisions set out as notes under sections 190a–1, 621, 632, and 682 of this title, section 105 of Title
1, General Provisions, and 1020 of former Title 31] may be cited as the 'Congressional Budget and
Impoundment Control Act of 1974'. Titles I through IX may be cited as the 'Congressional Budget Act of
1974', and title X [enacting chapter 17B of this title] may be cited as the 'Impoundment Control Act of 1974'."
[Amendment of section 1(a) of Pub. L. 93–344, set out above, by Pub. L. 104–130 was reversed pursuant to
section 5 of Pub. L. 104–130, set out as an Effective and Termination Dates note under section 691 of this
title.]
Pub. L. 93–344, title V, §500, as added Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat.
1388–609, provided that: "This title [enacting subchapter III of this chapter] may be cited as the 'Federal
Credit Reform Act of 1990'."
FINANCIAL SAFETY AND SOUNDNESS OF GOVERNMENT-SPONSORED ENTERPRISES
Pub. L. 101–508, title XIII, §13501, Nov. 5, 1990, 104 Stat. 1388–628, provided that:
"(a)
.—For purposes of this section, the terms 'Government-sponsored enterprise' and 'GSE'
DEFINITION
mean the Farm Credit System (including the Farm Credit Banks, Banks for Cooperatives, and Federal
Agricultural Mortgage Corporation), the Federal Home Loan Bank System, the Federal Home Loan Mortgage
Corporation, the Federal National Mortgage Association, and the Student Loan Marketing Association.
"(b) TREASURY DEPARTMENT STUDY AND PROPOSED LEGISLATION.—
"(1) The Department of the Treasury shall prepare and submit to Congress no later than April 30,
1991, a study of GSEs and recommended legislation.
"(2) The study shall include an objective assessment of the financial soundness of GSEs, the adequacy
of the existing regulatory structure for GSEs, the financial exposure of the Federal Government posed by
GSEs, and the effects of GSE activities on Treasury borrowing.
"(c) CONGRESSIONAL BUDGET OFFICE STUDY.—
"(1) The Congressional Budget Office shall prepare and submit to Congress no later than April 30,
1991, a study of GSEs.
"(2) The study shall include an analysis of the financial risks each GSE assumes, how Congress may
improve its understanding of those risks, the supervision and regulation of GSEs' risk management, the
financial exposure of the Federal Government posed by GSEs, and the effects of GSE activities on Treasury
borrowing. The study shall also include an analysis of alternative models for oversight of GSEs and of the
costs and benefits of each alternative model to the Government and to the markets and beneficiaries served
by GSEs.
"(d) ACCESS TO RELEVANT INFORMATION.—
"(1) For the studies required by this section, each GSE shall provide full and prompt access to the
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Secretary of the Treasury and the Director of the Congressional Budget Office to its books and records and
other information requested by the Secretary of the Treasury or the Director of the Congressional Budget
Office.
"(2) In preparing the studies required by this section, the Secretary of the Treasury and the Director of
the Congressional Budget Office may request information from, or the assistance of, any Federal
department or agency authorized by law to supervise the activities of a GSE.
"(e) CONFIDENTIALITY OF RELEVANT INFORMATION.—
"(1) The Secretary of the Treasury and the Director of the Congressional Budget Office shall
determine and maintain the confidentiality of any book, record, or information made available by a GSE
under this section in a manner consistent with the level of confidentiality established for the material by the
GSE involved.
"(2) The Department of the Treasury shall be exempt from section 552 of title 5, United States Code,
for any book, record, or information made available under subsection (d) and determined by the Secretary
of the Treasury to be confidential under this subsection.
"(3) Any officer or employee of the Department of the Treasury shall be subject to the penalties set
forth in section 1906 of title 18, United States Code, if—
"(A) by virtue of his or her employment or official position, he or she has possession of or access
to any book, record, or information made available under and determined to be confidential under this
section; and
"(B) he or she discloses the material in any manner other than—
"(i) to an officer or employee of the Department of the Treasury; or
"(ii) pursuant to the exception set forth in such section 1906.
"(4) The Congressional Budget Office shall be exempt from section 203 of the Congressional Budget
Act of 1974 [2 U.S.C. 603] with respect to any book, record, or information made available under this
subsection and determined by the Director to be confidential under paragraph (1).
"(f)
.—(1) The committees of jurisdiction in the House
REQUIREMENT TO REPORT LEGISLATION
shall prepare and report to the House no later than September 15, 1991, legislation to ensure the financial
soundness of GSEs and to minimize the possibility that a GSE might require future assistance from the
Government.
"(2) It is the sense of the Senate that the committees of jurisdiction in the Senate shall prepare and report to
the Senate no later than September 15, 1991, legislation to ensure the financial safety and soundness of GSEs
and to minimize the possibility that a GSE might require future assistance from the Government.
"(f) [sic]
.—The President's annual budget submission shall include an analysis of
PRESIDENT'S BUDGET
the financial condition of the GSEs and the financial exposure of the Government, if any, posed by GSEs."
MULTIYEAR AUTHORIZATIONS AND 2-YEAR APPROPRIATIONS FOR SELECTED
AGENCIES AND ACCOUNTS
Pub. L. 100–119, title II, §201, Sept. 29, 1987, 101 Stat. 784, provided that: "It is the sense of the Congress
that the Congress should undertake an experiment with multiyear authorizations and 2-year appropriations for
selected agencies and accounts. An evaluation of the efficacy and desirability of such experiment should be
conducted at the end of the 2-year period. The appropriate committees are directed to develop a plan in
consultation with the leadership of the House and Senate to implement this experiment."
FINANCIAL MANAGEMENT REFORM
Pub. L. 100–119, title II, §203, Sept. 29, 1987, 101 Stat. 784, provided that: "It is the sense of the Congress
that the Congress should undertake a coordinated effort to identify problems and develop specific
recommendations to reform the financial management systems of the United States Government, including
consideration of the use of generally accepted accounting principles."
EXERCISE OF CONGRESSIONAL RULEMAKING POWER
Pub. L. 93–344, title IX, §904, July 12, 1974, 88 Stat. 331, as amended by Pub. L. 99–177, title II, §271(a),
Dec. 12, 1985, 99 Stat. 1094; Pub. L. 101–508, title XIII, §§13112(a)(11), 13208(a), Nov. 5, 1990, 104 Stat.
1388–608, 1388–619; Pub. L. 104–130, §4(c), Apr. 9, 1996, 110 Stat. 1212; Pub. L. 105–33, title X, §10119,
Aug. 5, 1997, 111 Stat. 695; Pub. L. 112–25, title I, §105(c), Aug. 2, 2011, 125 Stat. 247; Pub. L. 113–67, div.
A, title I, §122(16), (17), Dec. 26, 2013, 127 Stat. 1176, provided that:
"(a) The provisions of this title and of titles I, III, IV, and V and the provisions of sections 701, 703, and
1017 [enacting this chapter (except subchapter IV) and sections 190a–3 and 688 of this title, amending the
[Release Point 118-70]
Rules of the House of Representatives and the Standing Rules of the Senate, and sections 190b and 190d of
this title, and enacting provisions set out as notes under this section and sections 190a–1 and 632 of this title]
are enacted by the Congress—
"(1) as an exercise of the rulemaking power of the House of Representatives and the Senate,
respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that
House to which they specifically apply, and such rules shall supersede other rules only to the extent that
they are inconsistent therewith; and
"(2) with full recognition of the constitutional right of either House to change such rules (so far as
relating to such House) at any time, in the same manner, and to the same extent as in the case of any other
rule of such House.
"(b) Any provision of title III or IV [enacting subchapters I and II of this chapter] may be waived or
suspended in the Senate by a majority vote of the Members voting, a quorum being present, or by the
unanimous consent of the Senate.
"(c) WAIVERS.—
"(1)
.—Sections 305(b)(2), 305(c)(4), 306, 310(d)(2), 313, 904(c), and 904(d) of this
PERMANENT
Act [sections 636(b)(2), (c)(4), 637, 641(d)(2), and 644 of this title and subsecs. (c) and (d) of this note]
may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly
chosen and sworn.
"(2)
.—Sections 301(i), 302(c), 302(f), 310(g), 311(a), 312(b), 312(c), 314(e), and
TEMPORARY
314(f) of this Act [sections 632(i), 633(c), (f), 641(g), 642(a), 643(b), (c), and 645(e), (f) of this title] and
sections 258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1), 258B(h)(1), 258B(h)(3), 258C(a)(5), and 258C(b)(1)
of the Balanced Budget and Emergency Deficit Control Act of 1985 [sections 907a(a)(4)(C),
907b(b)(3)(C)(i), 907c(f)(1), (h)(1), (3), and 907d(a)(5), (b)(1) of this title] may be waived or suspended in
the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.
"(d) APPEALS.—
"(1)
.—Appeals in the Senate from the decisions of the Chair relating to any provision
PROCEDURE
of title III or IV [enacting subchapters I and II of this chapter] or section 1017 [section 688 of this title]
shall, except as otherwise provided therein, be limited to 1 hour, to be equally divided between, and
controlled by, the mover and the manager of the resolution, concurrent resolution, reconciliation bill, or
rescission bill, as the case may be.
"(2)
.—An affirmative vote of three-fifths of the Members, duly chosen and sworn,
PERMANENT
shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under
sections 305(b)(2), 305(c)(4), 306, 310(d)(2), 313, 904(c), and 904(d) of this Act [sections 636(b)(2), (c)(4),
637, 641(d)(2), 644 of this title and subsecs. (c) and (d) of this note].
"(3)
.—An affirmative vote of three-fifths of the Members, duly chosen and sworn,
TEMPORARY
shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under
sections 301(i), 302(c), 302(f), 310(g), 311(a), 312(b), 312(c), 314(e), and 314(f) of this Act and sections
258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1), 258B(h)(1), 258B(h)(3), 258C(a)(5), and 258C(b)(1) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
"(e)
.—Subsections (c)(2)
EXPIRATION OF CERTAIN SUPERMAJORITY VOTING REQUIREMENTS
and (d)(3) shall expire on September 30, 2002."
[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.] | §621. Congressional declaration of purpose | 2002-09-30T00:00:00 | 1e3081ba020e5c6c51998222b28a6996c936e68ffe063d831ec660eea59cad86 |
US House of Representatives | 2, 17, §622 | For purposes of this Act—
(1) The terms "budget outlays" and "outlays" mean, with respect to any fiscal year, expenditures
and net lending of funds under budget authority during such year.
(2) BUDGET AUTHORITY AND NEW BUDGET AUTHORITY.—
(A)
.—The term "budget authority" means the authority provided by Federal
IN GENERAL
law to incur financial obligations, as follows:
(i) provisions of law that make funds available for obligation and expenditure (other than
borrowing authority), including the authority to obligate and expend the proceeds of
offsetting receipts and collections;
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(ii) borrowing authority, which means authority granted to a Federal entity to borrow and
obligate and expend the borrowed funds, including through the issuance of promissory notes
or other monetary credits;
(iii) contract authority, which means the making of funds available for obligation but not
for expenditure; and
(iv) offsetting receipts and collections as negative budget authority, and the reduction
thereof as positive budget authority.
(B)
.—With respect to the Federal Hospital
LIMITATIONS ON BUDGET AUTHORITY
Insurance Trust Fund, the Supplementary Medical Insurance Trust Fund, the Unemployment
Trust Fund, and the railroad retirement account, any amount that is precluded from obligation in
a fiscal year by a provision of law (such as a limitation or a benefit formula) shall not be budget
authority in that year.
(C)
.—The term "new budget authority" means, with respect
NEW BUDGET AUTHORITY
to a fiscal year—
(i) budget authority that first becomes available for obligation in that year, including
budget authority that becomes available in that year s a result of a reappropriation; or
1
(ii) a change in any account in the availability of unobligated balances of budget authority
carried over from a prior year, resulting from a provision of law first effective in that year;
and includes a change in the estimated level of new budget authority provided in indefinite
amounts by existing law.
(3) The term "tax expenditures" means those revenue losses attributable to provisions of the
Federal tax laws which allow a special exclusion, exemption, or deduction from gross income or
which provide a special credit, a preferential rate of tax, or a deferral of tax liability; and the term
"tax expenditures budget" means an enumeration of such tax expenditures.
(4) The term "concurrent resolution on the budget" means—
(A) a concurrent resolution setting forth the congressional budget for the United States
Government for a fiscal year as provided in section 632 of this title; and
(B) any other concurrent resolution revising the congressional budget for the United States
Government for a fiscal year as described in section 635 of this title.
(5) The term "appropriation Act" means an Act referred to in section 105 of title 1.
(6) The term "deficit" means, with respect to a fiscal year, the amount by which outlays
exceeds receipts during that year.
2
(7) The term "surplus" means, with respect to a fiscal year, the amount by which receipts
exceeds outlays during that year.
2
(8) The term "government-sponsored enterprise" means a corporate entity created by a law of
the United States that—
(A)(i) has a Federal charter authorized by law;
(ii) is privately owned, as evidenced by capital stock owned by private entities or individuals;
(iii) is under the direction of a board of directors, a majority of which is elected by private
owners;
(iv) is a financial institution with power to—
(I) make loans or loan guarantees for limited purposes such as to provide credit for specific
borrowers or one sector; and
(II) raise funds by borrowing (which does not carry the full faith and credit of the Federal
Government) or to guarantee the debt of others in unlimited amounts; and
(B)(i) does not exercise powers that are reserved to the Government as sovereign (such as the
power to tax or to regulate interstate commerce);
(ii) does not have the power to commit the Government financially (but it may be a recipient
[Release Point 118-70]
of a loan guarantee commitment made by the Government); and
(iii) has employees whose salaries and expenses are paid by the enterprise and are not Federal
employees subject to title 5.
(9) The term "entitlement authority" means—
(A) the authority to make payments (including loans and grants), the budget authority for
which is not provided for in advance by appropriation Acts, to any person or government if,
under the provisions of the law containing that authority, the United States is obligated to make
such payments to persons or governments who meet the requirements established by that law;
and
(B) the food stamp program.
(10) The term "credit authority" means authority to incur direct loan obligations or to incur
primary loan guarantee commitments.
(11) The terms "emergency" and "unanticipated" have the meanings given to such terms in
section 900(c) of this title.
(Pub. L. 93–344, §3, July 12, 1974, 88 Stat. 299; Aug. 1, 1946, ch. 724, title I, §302(c), as added
Pub. L. 95–110, §1, Sept. 20, 1977, 91 Stat. 884, renumbered title I, Pub. L. 102–486, title IX, | §622. Definitions | 1974-07-12T00:00:00 | 10634cd6ae8d3946fe3129055a6da3cad2d0c7ce52de792d6220ec8dd65fe556 |
US House of Representatives | 2, 17, §623 | (a) The Committees on the Budget of the House of Representatives and the Senate shall study on a
continuing basis proposals designed to improve and facilitate methods of congressional
budgetmaking. The proposals to be studied shall include, but are not limited to, proposals for—
(1) improving the information base required for determining the effectiveness of new programs
by such means as pilot testing, survey research, and other experimental and analytical techniques;
(2) improving analytical and systematic evaluation of the effectiveness of existing programs;
(3) establishing maximum and minimum time limitations for program authorization; and
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(4) developing techniques of human resource accounting and other means of providing
noneconomic as well as economic evaluation measures.
(b) The Committee on the Budget of each House shall, from time to time, report to its House the
results of the study carried on by it under subsection (a), together with its recommendations.
(c) Nothing in this section shall preclude studies to improve the budgetary process by any other
committee of the House of Representatives or the Senate or any joint committee of the Congress.
(Pub. L. 93–344, title VII, §703, July 12, 1974, 88 Stat. 326.)
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 1303 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
SUBCHAPTER I—CONGRESSIONAL BUDGET PROCESS | §623. Continuing study of additional budget reform proposals | 1974-07-12T00:00:00 | 118556e1093ce3600c381600d10790fd6e806049a380407e2275cb2a54f63ab5 |
US House of Representatives | 2, 17, §631 | The timetable with respect to the congressional budget process for any fiscal year is as follows:
On or before:
Action to be completed:
First Monday in February
President submits his budget.
February 15
Congressional Budget Office submits report to
Budget Committees.
Not later than 6 weeks after
President submits budget
Committees submit views and estimates to
Budget Committees.
April 1
Senate Budget Committee reports concurrent
resolution on the budget.
April 15
Congress completes action on concurrent
resolution on the budget.
May 15
Annual appropriation bills may be considered in
the House.
June 10
House Appropriations Committee reports last
annual appropriation bill.
June 15
Congress completes action on reconciliation
legislation.
June 30
House completes action on annual appropriation
bills.
October 1
Fiscal year begins.
(Pub. L. 93–344, title III, §300, July 12, 1974, 88 Stat. 306; Pub. L. 99–177, title II, §201(b), Dec.
12, 1985, 99 Stat. 1040; Pub. L. 101–508, title XIII, §13112(a)(4), Nov. 5, 1990, 104 Stat. 1388–608;
Pub. L. 105–33, title X, §10104(a), Aug. 5, 1997, 111 Stat. 679.)
EDITORIAL NOTES
[Release Point 118-70]
CODIFICATION
Section was formerly classified to section 1321 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
AMENDMENTS
1997—Pub. L. 105–33 substituted "Not later than 6 weeks after President submits budget" for "February
25".
1990—Pub. L. 101–508 substituted "First Monday in February" for "First Monday after January 3".
1985—Pub. L. 99–177 amended section generally. Prior to the amendment the timetable was on or before:
November 10—President submits current services budget; 15th day after Congress meets—President submits
his budget; March 15—Committees and joint committees submit reports to Budget Committees; April
1—Congressional Budget Office submits reports to Budget Committees; April 15—Budget Committees report
first concurrent resolution on the budget to their Houses; May 15—Committees report bills and resolutions
authorizing new budget authority; May 15—Congress completes action on first concurrent resolution on the
budget; 7th day after Labor Day—Congress completes action on bills and resolutions providing new budget
authority and new spending authority; September 15—Congress completes action on second required
concurrent resolution on the budget; September 25—Congress completes action on reconciliation bill or
resolution, or both, implementing second required concurrent resolution; October 1—Fiscal year begins.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years
beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and
Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug.
2, 2011, 125 Stat. 246.
EFFECTIVE DATE
Subchapter applicable with respect to the fiscal year beginning Oct. 1, 1976, and succeeding fiscal years,
except as section 906 of Pub. L. 93–344, formerly set out as a note under section 632 of this title, makes
provision for possible application of this section to the fiscal year beginning July 1, 1975, see section 905(c)
of Pub. L. 93–344, formerly set out as an Effective Date note under section 621 of this title.
SENATE BUDGET ENFORCEMENT
Pub. L. 112–25, title I, §106, Aug. 2, 2011, 125 Stat. 247, provided that:
"(a) IN GENERAL.—
"(1) For the purpose of enforcing the Congressional Budget Act of 1974 [see Short Title note set out
under section 621 of this title] through April 15, 2012, including section 300 of that Act [2 U.S.C. 631], and
enforcing budgetary points of order in prior concurrent resolutions on the budget, the allocations,
aggregates, and levels set in subsection (b)(1) shall apply in the Senate in the same manner as for a
concurrent resolution on the budget for fiscal year 2012 with appropriate budgetary levels for fiscal years
2011 and 2013 through 2021.
"(2) For the purpose of enforcing the Congressional Budget Act of 1974 after April 15, 2012,
including section 300 of that Act, and enforcing budgetary points of order in prior concurrent resolutions on
the budget, the allocations, aggregates, and levels set in subsection (b)(2) shall apply in the Senate in the
same manner as for a concurrent resolution on the budget for fiscal year 2013 with appropriate budgetary
levels for fiscal years 2012 and 2014 through 2022.
"(b) COMMITTEE ALLOCATIONS, AGGREGATES, AND LEVELS.—
"(1) As soon as practicable after the date of enactment of this section [Aug. 2, 2011], the Chairman of
the Committee on the Budget shall file—
"(A) for the Committee on Appropriations, committee allocations for fiscal years 2011 and 2012
consistent with the discretionary spending limits set forth in this Act [see Short Title of 2011 Amendment
note set out under section 900 of this title] for the purpose of enforcing section 302 of the Congressional
Budget Act of 1974 [2 U.S.C. 633];
"(B) for all committees other than the Committee on Appropriations, committee allocations for
fiscal years 2011, 2012, 2012 through 2016, and 2012 through 2021 consistent with the Congressional
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Budget Office's March 2011 baseline adjusted to account for the budgetary effects of this Act and
legislation enacted prior to this Act but not included in the Congressional Budget Office's March 2011
baseline, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;
"(C) aggregate spending levels for fiscal years 2011 and 2012 and aggregate revenue levels for
fiscal years 2011, 2012, 2012 through 2016, 2012 through 2021 consistent with the Congressional
Budget Office's March 2011 baseline adjusted to account for the budgetary effects of this Act and
legislation enacted prior to this Act but not included in the Congressional Budget Office's March 2011
baseline, and the discretionary spending limits set forth in this Act for the purpose of enforcing section
311 of the Congressional Budget Act of 1974 [2 U.S.C. 642]; and
"(D) levels of Social Security revenues and outlays for fiscal years 2011, 2012, 2012 through
2016, and 2012 through 2021 consistent with the Congressional Budget Office's March 2011 baseline
adjusted to account for the budgetary effects of this Act and legislation enacted prior to this Act but not
included in the Congressional Budget Office's March 2011 baseline, for the purpose of enforcing sections
302 and 311 of the Congressional Budget Act of 1974.
"(2) Not later than April 15, 2012, the Chairman of the Committee on the Budget shall file—
"(A) for the Committee on Appropriations, committee allocations for fiscal years 2012 and 2013
consistent with the discretionary spending limits set forth in this Act for the purpose of enforcing section
302 of the Congressional Budget Act of 1974;
"(B) for all committees other than the Committee on Appropriations, committee allocations for
fiscal years 2012, 2013, 2013 through 2017, and 2013 through 2022 consistent with the Congressional
Budget Office's March 2012 baseline for the purpose of enforcing section 302 of the Congressional
Budget Act of 1974;
"(C) aggregate spending levels for fiscal years 2012 and 2013 and aggregate revenue levels for
fiscal years 2012, 2013, 2013–2017, and 2013–2022 consistent with the Congressional Budget Office's
March 2012 baseline and the discretionary spending limits set forth in this Act for the purpose of
enforcing section 311 of the Congressional Budget Act of 1974; and
"(D) levels of Social Security revenues and outlays for fiscal years 2012 and 2013, 2013–2017,
and 2013–2022 consistent with the Congressional Budget Office's March 2012 baseline budget for the
purpose of enforcing sections 302 and 311 of the Congressional Budget Act of 1974 [2 U.S.C. 633, 642].
"(c) SENATE PAY-AS-YOU-GO SCORECARD.—
"(1) Effective on the date of enactment of this section [Aug. 2, 2011], for the purpose of enforcing
section 201 of S. Con. Res. 21 (110th Congress), the Chairman of the Senate Committee on the Budget
shall reduce any balances of direct spending and revenues for any fiscal year to 0 (zero).
"(2) Not later than April 15, 2012, for the purpose of enforcing section 201 of S. Con. Res. 21 (110th
Congress), the Chairman of the Senate Committee on the Budget shall reduce any balances of direct
spending and revenues for any fiscal year to 0 (zero).
"(3) Upon resetting the Senate paygo scorecard pursuant to paragraph (2), the Chairman shall publish a
notification of such action in the Congressional Record.
"(d) FURTHER ADJUSTMENTS.—
"(1) The Chairman of the Committee on the Budget of the Senate may revise any allocations,
aggregates, or levels set pursuant to this section to account for any subsequent adjustments to discretionary
spending limits made pursuant to this Act.
"(2) With respect to any allocations, aggregates, or levels set or adjustments made pursuant to this
section, sections 412 through 414 of S. Con. Res. 13 (111th Congress) shall remain in effect.
"(e) EXPIRATION.—
"(1) Subsections (a)(1), (b)(1), and (c)(1) shall expire if a concurrent resolution on the budget for fiscal
year 2012 is agreed to by the Senate and House of Representatives pursuant to section 301 of the
Congressional Budget Act of 1974 [2 U.S.C. 632].
"(2) Subsections (a)(2), (b)(2), and (c)(2) shall expire if a concurrent resolution on the budget for fiscal
year 2013 is agreed to by the Senate and House of Representatives pursuant to section 301 of the
Congressional Budget Act of 1974." | §631. Timetable | 2012-04-15T00:00:00 | f1e98623ac238194c0a1371613765b38be4fe5829c5291d79c675669a9a4e3b7 |
US House of Representatives | 2, 17, §632 | (a) Content of concurrent resolution on the budget
On or before April 15 of each year, the Congress shall complete action on a concurrent resolution
on the budget for the fiscal year beginning on October 1 of such year. The concurrent resolution shall
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set forth appropriate levels for the fiscal year beginning on October 1 of such year and for at least
each of the 4 ensuing fiscal years for the following—
(1) totals of new budget authority and outlays;
(2) total Federal revenues and the amount, if any, by which the aggregate level of Federal
revenues should be increased or decreased by bills and resolutions to be reported by the
appropriate committees;
(3) the surplus or deficit in the budget;
(4) new budget authority and outlays for each major functional category, based on allocations of
the total levels set forth pursuant to paragraph (1);
(5) the public debt;
(6) for purposes of Senate enforcement under this subchapter, outlays of the old-age, survivors,
and disability insurance program established under title II of the Social Security Act [42 U.S.C.
401 et seq.] for the fiscal year of the resolution and for each of the 4 succeeding fiscal years; and
(7) for purposes of Senate enforcement under this subchapter, revenues of the old-age,
survivors, and disability insurance program established under title II of the Social Security Act
(and the related provisions of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.]) for the
fiscal year of the resolution and for each of the 4 succeeding fiscal years.
The concurrent resolution shall not include the outlays and revenue totals of the old-age,
survivors, and disability insurance program established under title II of the Social Security Act or the
related provisions of the Internal Revenue Code of 1986 in the surplus or deficit totals required by
this subsection or in any other surplus or deficit totals required by this subchapter.
(b) Additional matters in concurrent resolution
The concurrent resolution on the budget may—
(1) set forth, if required by subsection (f), the calendar year in which, in the opinion of the
Congress, the goals for reducing unemployment set forth in section 4(b) of the Employment Act of
1946 [15 U.S.C. 1022a(b)] should be achieved;
(2) include reconciliation directives described in section 641 of this title;
(3) require a procedure under which all or certain bills or resolutions providing new budget
authority or new entitlement authority for such fiscal year shall not be enrolled until the Congress
has completed action on any reconciliation bill or reconciliation resolution or both required by
such concurrent resolution to be reported in accordance with section 641(b) of this title;
(4) set forth such other matters, and require such other procedures, relating to the budget, as
may be appropriate to carry out the purposes of this Act;
(5) include a heading entitled "Debt Increase as Measure of Deficit" in which the concurrent
resolution shall set forth the amounts by which the debt subject to limit (in section 3101 of title
31) has increased or would increase in each of the relevant fiscal years;
(6) include a heading entitled "Display of Federal Retirement Trust Fund Balances" in which
the concurrent resolution shall set forth the balances of the Federal retirement trust funds;
(7) set forth procedures in the Senate whereby committee allocations, aggregates, and other
levels can be revised for legislation if that legislation would not increase the deficit, or would not
increase the deficit when taken with other legislation enacted after the adoption of the resolution,
for the first fiscal year or the total period of fiscal years covered by the resolution;
(8) set forth procedures to effectuate pay-as-you-go in the House of Representatives; and
(9) set forth direct loan obligation and primary loan guarantee commitment levels.
(c) Consideration of procedures or matters which have effect of changing any rule of House
If the Committee on the Budget of the House of Representatives reports any concurrent resolution
on the budget which includes any procedure or matter which has the effect of changing any rule of
the House of Representatives, such concurrent resolution shall then be referred to the Committee on
Rules with instructions to report it within five calendar days (not counting any day on which the
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House is not in session). The Committee on Rules shall have jurisdiction to report any concurrent
resolution referred to it under this paragraph with an amendment or amendments changing or striking
out any such procedure or matter.
(d) Views and estimates of other committees
Within 6 weeks after the President submits a budget under section 1105(a) of title 31, or at such
time as may be requested by the Committee on the Budget, each committee of the House of
Representatives having legislative jurisdiction shall submit to the Committee on the Budget of the
House and each committee of the Senate having legislative jurisdiction shall submit to the
Committee on the Budget of the Senate its views and estimates (as determined by the committee
making such submission) with respect to all matters set forth in subsections (a) and (b) which relate
to matters within the jurisdiction or functions of such committee. The Joint Economic Committee
shall submit to the Committees on the Budget of both Houses its recommendations as to the fiscal
policy appropriate to the goals of the Employment Act of 1946 [15 U.S.C. 1021 et seq.]. Any other
committee of the House of Representatives or the Senate may submit to the Committee on the
Budget of its House, and any joint committee of the Congress may submit to the Committees on the
Budget of both Houses, its views and estimates with respect to all matters set forth in subsections (a)
and (b) which relate to matters within its jurisdiction or functions. Any Committee of the House of
1
Representatives or the Senate that anticipates that the committee will consider any proposed
legislation establishing, amending, or reauthorizing any Federal program likely to have a significant
budgetary impact on any State, local, or tribal government, or likely to have a significant financial
impact on the private sector, including any legislative proposal submitted by the executive branch
likely to have such a budgetary or financial impact, shall include its views and estimates on that
proposal to the Committee on the Budget of the applicable House.
(e) Hearings and report
(1) In general
In developing the concurrent resolution on the budget referred to in subsection (a) for each
fiscal year, the Committee on the Budget of each House shall hold hearings and shall receive
testimony from Members of Congress and such appropriate representatives of Federal departments
and agencies, the general public, and national organizations as the committee deems desirable.
Each of the recommendations as to short-term and medium-term goals set forth in the report
submitted by the members of the Joint Economic Committee under subsection (d) may be
considered by the Committee on the Budget of each House as part of its consideration of such
concurrent resolution, and its report may reflect its views thereon, including its views on how the
estimates of revenues and levels of budget authority and outlays set forth in such concurrent
resolution are designed to achieve any goals it is recommending.
(2) Required contents of report
The report accompanying the resolution shall include—
(A) a comparison of the levels of total new budget authority, total outlays, total revenues, and
the surplus or deficit for each fiscal year set forth in the resolution with those requested in the
budget submitted by the President;
(B) with respect to each major functional category, an estimate of total new budget authority
and total outlays, with the estimates divided between discretionary and mandatory amounts;
(C) the economic assumptions that underlie each of the matters set forth in the resolution and
any alternative economic assumptions and objectives the committee considered;
(D) information, data, and comparisons indicating the manner in which, and the basis on
which, the committee determined each of the matters set forth in the resolution;
(E) the estimated levels of tax expenditures (the tax expenditures budget) by major items and
functional categories for the President's budget and in the resolution; and
(F) allocations described in section 633(a) of this title.
(3) Additional contents of report
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The report accompanying the resolution may include—
(A) a statement of any significant changes in the proposed levels of Federal assistance to
State and local governments;
(B) an allocation of the level of Federal revenues recommended in the resolution among the
major sources of such revenues;
(C) information, data, and comparisons on the share of total Federal budget outlays and of
gross domestic product devoted to investment in the budget submitted by the President and in
the resolution;
(D) the assumed levels of budget authority and outlays for public buildings, with a division
between amounts for construction and repair and for rental payments; and
(E) other matters, relating to the budget and to fiscal policy, that the committee deems
appropriate.
(f) Achievement of goals for reducing unemployment
(1) If, pursuant to section 4(c) of the Employment Act of 1946 [15 U.S.C. 1022a(c)], the President
recommends in the Economic Report that the goals for reducing unemployment set forth in section
4(b) of such Act [15 U.S.C. 1022a(b)] be achieved in a year after the close of the five-year period
prescribed by such subsection, the concurrent resolution on the budget for the fiscal year beginning
after the date on which such Economic Report is received by the Congress may set forth the year in
which, in the opinion of the Congress, such goals can be achieved.
(2) After the Congress has expressed its opinion pursuant to paragraph (1) as to the year in which
the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 [15
U.S.C. 1022a(b)] can be achieved, if, pursuant to section 4(e) of such Act [15 U.S.C. 1022a(e)], the
President recommends in the Economic Report that such goals be achieved in a year which is
different from the year in which the Congress has expressed its opinion that such goals should be
achieved, either in its action pursuant to paragraph (1) or in its most recent action pursuant to this
paragraph, the concurrent resolution on the budget for the fiscal year beginning after the date on
which such Economic Report is received by the Congress may set forth the year in which, in the
opinion of the Congress, such goals can be achieved.
(3) It shall be in order to amend the provision of such resolution setting forth such year only if the
amendment thereto also proposes to alter the estimates, amounts, and levels (as described in
subsection (a)) set forth in such resolution in germane fashion in order to be consistent with the
economic goals (as described in sections 3(a)(2) and 4(b) of the Employment Act of 1946 [15 U.S.C.
1022(a)(2), 1022a(b)]) which such amendment proposes can be achieved by the year specified in
such amendment.
(g) Economic assumptions
(1) It shall not be in order in the Senate to consider any concurrent resolution on the budget for a
fiscal year, or any amendment thereto, or any conference report thereon, that sets forth amounts and
levels that are determined on the basis of more than one set of economic and technical assumptions.
(2) The joint explanatory statement accompanying a conference report on a concurrent resolution
on the budget shall set forth the common economic assumptions upon which such joint statement and
conference report are based, or upon which any amendment contained in the joint explanatory
statement to be proposed by the conferees in the case of technical disagreement, is based.
(3) Subject to periodic reestimation based on changed economic conditions or technical estimates,
determinations under titles III and IV of the Congressional Budget Act of 1974 [2 U.S.C. 631 et seq.,
651 et seq.] shall be based upon such common economic and technical assumptions.
(h) Budget Committee's consultation with committees
The Committee on the Budget of the House of Representatives shall consult with the committees
of its House having legislative jurisdiction during the preparation, consideration, and enforcement of
the concurrent resolution on the budget with respect to all matters which relate to the jurisdiction or
functions of such committees.
(i) Social security point of order
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It shall not be in order in the Senate to consider any concurrent resolution on the budget (or
amendment, motion, or conference report on the resolution) that would decrease the excess of social
security revenues over social security outlays in any of the fiscal years covered by the concurrent
resolution. No change in chapter 1 of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] shall
be treated as affecting the amount of social security revenues unless such provision changes the
income tax treatment of social security benefits.
(Pub. L. 93–344, title III, §301, July 12, 1974, 88 Stat. 306; Pub. L. 95–523, title III, §§303(a), 304,
Oct. 27, 1978, 92 Stat. 1905, 1906; Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1040;
Pub. L. 100–119, title I, §106(d), title II, §208(a), Sept. 29, 1987, 101 Stat. 781, 786; Pub. L.
100–418, title V, §5302, Aug. 23, 1988, 102 Stat. 1462; Pub. L. 101–508, title XIII, §§13112(a)(5),
13203, 13204, 13301(b), 13303(a), (b), Nov. 5, 1990, 104 Stat. 1388–608, 1388–615, 1388–616,
1388–623, 1388–625; Pub. L. 104–4, title I, §102(2), Mar. 22, 1995, 109 Stat. 62; Pub. L. 105–33,
title X, §10105(a)–(f)(1), Aug. 5, 1997, 111 Stat. 679, 680; Pub. L. 113–67, div. A, title I, §122(1),
(2), Dec. 26, 2013, 127 Stat. 1175.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the
Social Security Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and
Tables.
The Internal Revenue Code of 1986, referred to in subsecs. (a) and (i), is classified generally to Title 26,
Internal Revenue Code.
This Act, referred to in subsec. (b)(4), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the
Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A and 17B, and
section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance,
amended sections 11, 665, 701, 1020, 1151, 1152, 1153 and 1154 of former Title 31, section 105 of Title 1,
General Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31
and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632,
and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete classification of
this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
The Employment Act of 1946, referred to in subsec. (d), is act Feb. 20, 1946, ch. 33, 60 Stat. 23, which is
classified generally to chapter 21 (§1021 et seq.) of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see Short Title note set out under section 1021 of Title 15 and Tables.
The Congressional Budget Act of 1974, referred to in subsec. (g)(3), is titles I through IX of Pub. L.
93–344, July 12, 1974, 88 Stat. 297. Titles III and IV of the Act are classified generally to this subchapter
(§631 et seq.) and subchapter II (§651 et seq.) of this chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 621 of this title and Tables.
CODIFICATION
Section was formerly classified to section 1322 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
AMENDMENTS
2013—Subsec. (a). Pub. L. 113–67, §122(2), substituted "old-age" for "old age" in concluding provisions.
Subsec. (a)(6), (7). Pub. L. 113–67, §122(1), substituted "for purposes" for "For purposes".
1997—Subsec. (a). Pub. L. 105–33, §10105(a), in introductory provisions, substituted "and for at least each
of the 4 ensuing fiscal years" for ", and planning levels for each of the two ensuing fiscal years,".
Subsec. (a)(1), (4). Pub. L. 105–33, §10105(b), substituted "and outlays" for ", budget outlays, direct loan
obligations, and primary loan guarantee commitments".
Subsec. (b)(7). Pub. L. 105–33, §10105(c)(1), added par. (7) and struck out former par. (7) which related to
setting forth pay-as-you-go procedures for the Senate.
Subsec. (b)(9). Pub. L. 105–33, §10105(c)(2), (3), added par. (9).
Subsec. (d). Pub. L. 105–33, §10105(d), in first sentence, inserted "or at such time as may be requested by
the Committee on the Budget," after "title 31,".
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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.
[Release Point 118-70]
Subsec. (e). Pub. L. 95–523, §304(b), added subsec. (e).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–4 effective Jan. 1, 1996, or on the date 90 days after appropriations are made
available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation
considered on and after such date, see section 110 of Pub. L. 104–4, set out as an Effective Date note under
section 1511 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Pub. L. 101–508, title XIII, §13306, Nov. 5, 1990, 104 Stat. 1388–628, provided that: "Sections 13301,
13302, and 13303 and any amendments made by such sections [amending this section and sections 633 and
642 of this title and enacting provisions set out as notes under this section] shall apply with respect to fiscal
years beginning on or after October 1, 1990. Section 13304 [amending section 401 of Title 42, The Public
Health and Welfare] shall be effective for annual reports of the Board of Trustees issued in or after calendar
year 1991."
EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT
Amendment by Pub. L. 100–418 effective for fiscal years 1989, 1990, 1991, and 1992, see section 5303 of
Pub. L. 100–418, set out as a note under section 1105 of Title 31, Money and Finance.
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years
beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and
Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug.
2, 2011, 125 Stat. 246.
EXCLUSION OF SOCIAL SECURITY FROM ALL BUDGETS
Pub. L. 101–508, title XIII, §13301(a), Nov. 5, 1990, 104 Stat. 1388–623, provided that: "Notwithstanding
any other provision of law, the receipts and disbursements of the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund shall not be counted as new budget authority,
outlays, receipts, or deficit or surplus for purposes of—
"(1) the budget of the United States Government as submitted by the President,
"(2) the congressional budget, or
"(3) the Balanced Budget and Emergency Deficit Control Act of 1985 [see Short Title note set out
under section 900 of this title]."
PROTECTION OF OASDI TRUST FUNDS IN HOUSE OF REPRESENTATIVES
Pub. L. 101–508, title XIII, §13302, Nov. 5, 1990, 104 Stat. 1388–623, provided that:
"(a)
.—It shall not be in order in the House of Representatives to consider any bill or joint
IN GENERAL
resolution, as reported, or any amendment thereto or conference report thereon, if, upon enactment—
"(1)(A) such legislation under consideration would provide for a net increase in OASDI benefits of at
least 0.02 percent of the present value of future taxable payroll for the 75-year period utilized in the most
recent annual report of the Board of Trustees provided pursuant to section 201(c)(2) of the Social Security
Act [42 U.S.C. 401(c)(2)], and (B) such legislation under consideration does not provide at least a net
increase, for such 75-year period, in OASDI taxes of the amount by which the net increase in such benefits
exceeds 0.02 percent of the present value of future taxable payroll for such 75-year period,
"(2)(A) such legislation under consideration would provide for a net increase in OASDI benefits (for
the 5-year estimating period for such legislation under consideration), (B) such net increase, together with
the net increases in OASDI benefits resulting from previous legislation enacted during that fiscal year or
any of the previous 4 fiscal years (as estimated at the time of enactment) which are attributable to those
portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating
period for such legislation under consideration, exceeds $250,000,000, and (C) such legislation under
consideration does not provide at least a net increase, for the 5-year estimating period for such legislation
under consideration, in OASDI taxes which, together with net increases in OASDI taxes resulting from
such previous legislation which are attributable to those portions of the 5-year estimating periods for such
previous legislation that fall within the 5-year estimating period for such legislation under consideration,
equals the amount by which the net increase derived under subparagraph (B) exceeds $250,000,000;
[Release Point 118-70]
"(3)(A) such legislation under consideration would provide for a net decrease in OASDI taxes of at
least 0.02 percent of the present value of future taxable payroll for the 75-year period utilized in the most
recent annual report of the Board of Trustees provided pursuant to section 201(c)(2) of the Social Security
Act, and (B) such legislation under consideration does not provide at least a net decrease, for such 75-year
period, in OASDI benefits of the amount by which the net decrease in such taxes exceeds 0.02 percent of
the present value of future taxable payroll for such 75-year period, or
"(4)(A) such legislation under consideration would provide for a net decrease in OASDI taxes (for the
5-year estimating period for such legislation under consideration), (B) such net decrease, together with the
net decreases in OASDI taxes resulting from previous legislation enacted during that fiscal year or any of
the previous 4 fiscal years (as estimated at the time of enactment) which are attributable to those portions of
the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for
such legislation under consideration, exceeds $250,000,000, and (C) such legislation under consideration
does not provide at least a net decrease, for the 5-year estimating period for such legislation under
consideration, in OASDI benefits which, together with net decreases in OASDI benefits resulting from such
previous legislation which are attributable to those portions of the 5-year estimating periods for such
previous legislation that fall within the 5-year estimating period for such legislation under consideration,
equals the amount by which the net decrease derived under subparagraph (B) exceeds $250,000,000.
"(b)
.—In applying paragraph (3) or (4) of subsection (a), any provision of any bill or joint
APPLICATION
resolution, as reported, or any amendment thereto, or conference report thereon, the effect of which is to
provide for a net decrease for any period in taxes described in subsection (c)(2)(A) shall be disregarded if such
bill, joint resolution, amendment, or conference report also includes a provision the effect of which is to
provide for a net increase of at least an equivalent amount for such period in medicare taxes.
"(c)
.—For purposes of this subsection:
DEFINITIONS
"(1) The term 'OASDI benefits' means the benefits under the old-age, survivors, and disability
insurance programs under title II of the Social Security Act [42 U.S.C. 401 et seq.].
"(2) The term 'OASDI taxes' means—
"(A) the taxes imposed under sections 1401(a), 3101(a), and 3111(a) of the Internal Revenue
Code of 1986 [26 U.S.C. 1401(a), 3101(a), 3111(a)], and
"(B) the taxes imposed under chapter 1 of such Code [26 U.S.C. 1 et seq.] (to the extent
attributable to section 86 of such Code [26 U.S.C. 86]).
"(3) The term 'medicare taxes' means the taxes imposed under sections 1401(b), 3101(b), and 3111(b)
of the Internal Revenue Code of 1986.
"(4) The term 'previous legislation' shall not include legislation enacted before fiscal year 1991.
"(5) The term '5-year estimating period' means, with respect to any legislation, the fiscal year in which
such legislation becomes or would become effective and the next 4 fiscal years.
"(6) No provision of any bill or resolution, or any amendment thereto or conference report thereon,
involving a change in chapter 1 of the Internal Revenue Code of 1986 shall be treated as affecting the
amount of OASDI taxes referred to in paragraph (2)(B) unless such provision changes the income tax
treatment of OASDI benefits."
BALANCED FEDERAL BUDGETS; CONGRESSIONAL BUDGET COMMITTEE REPORTS BY
APRIL 15, 1979, 1980, AND 1981, OF BALANCED FISCAL YEAR BUDGETS FOR 1981 AND
1982
Pub. L. 96–5, §5, Apr. 2, 1979, 93 Stat. 8, which provided that Congress shall balance the Federal budget,
that the Budget Committees were to report, by April 15, 1979, a fiscal year budget for 1981 that would be in
balance, and also a fiscal year budget for 1982 that would be in balance, and by April 15, 1980, a fiscal year
budget for 1981 that would be in balance, and by April 15, 1981, a fiscal year budget for 1982 that would be
in balance, and that the Budget Committees were to show the consequences of each budget on each budget
function and on the economy, setting forth the effects on revenues, spending, employment, inflation, and
national security, was repealed by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068.
APPLICATION OF CONGRESSIONAL BUDGET PROCESS TO FISCAL YEAR BEGINNING
JULY 1, 1975
Pub. L. 93–344, title IX, §906, July 12, 1974, 88 Stat. 332, provided for application of provisions of this
subchapter and sections 602(f), 651, and 652 of this title with respect to the fiscal year beginning July 1, 1975,
to the extent agreed to by the Committees on the Budget of the House of Representatives and the Senate, prior
to repeal by Pub. L. 105–33, title X, §10120(a), Aug. 5, 1997, 111 Stat. 696.
[Release Point 118-70]
So in original. Probably should not be capitalized.
1 | §632. Annual adoption of concurrent resolution on the budget | 1975-07-01T00:00:00 | 9ded449d38c3c5e0a1112b15c2eb0214788151f2d093408eb2e61afde4e8a324 |
US House of Representatives | 2, 17, §633 | (a) Committee spending allocations
(1) Allocation among committees
The joint explanatory statement accompanying a conference report on a concurrent resolution
on the budget shall include an allocation, consistent with the resolution recommended in the
conference report, of the levels for the first fiscal year of the resolution, for at least each of the
ensuing 4 fiscal years, and a total for that period of fiscal years (except in the case of the
Committee on Appropriations only for the fiscal year of that resolution) of—
(A) total new budget authority; and
(B) total outlays;
among each committee of the House of Representatives or the Senate that has jurisdiction over
legislation providing or creating such amounts.
(2) No double counting
In the House of Representatives, any item allocated to one committee may not be allocated to
another committee.
(3) Further division of amounts
(A) In the Senate
In the Senate, the amount allocated to the Committee on Appropriations shall be further
divided among the categories specified in section 900(c)(4) of this title and shall not exceed the
limits for each category set forth in section 901(c) of this title.
(B) In the House
In the House of Representatives, the amounts allocated to each committee for each fiscal
year, other than the Committee on Appropriations, shall be further divided between amounts
provided or required by law on the date of filing of that conference report and amounts not so
provided or required. The amounts allocated to the Committee on Appropriations shall be
further divided—
(i) between discretionary and mandatory amounts or programs, as appropriate; and
(ii) consistent with the categories specified in section 900(c)(4) of this title.
(4) Amounts not allocated
In the House of Representatives or the Senate, if a committee receives no allocation of new
budget authority or outlays, that committee shall be deemed to have received an allocation equal
to zero for new budget authority or outlays.
(5) Adjusting allocation of discretionary spending in the House of Representatives
(A) If a concurrent resolution on the budget is not adopted by April 15, the chairman of the
Committee on the Budget of the House of Representatives shall submit to the House, as soon as
practicable, an allocation under paragraph (1) to the Committee on Appropriations consistent with
the discretionary spending levels in the most recently agreed to concurrent resolution on the
budget for the appropriate fiscal year covered by that resolution.
(B) As soon as practicable after an allocation under paragraph (1) is submitted under this
section, the Committee on Appropriations shall make suballocations and report those
suballocations to the House of Representatives.
(b) Suballocations by Appropriations Committees
As soon as practicable after a concurrent resolution on the budget is agreed to, the Committee on
[Release Point 118-70]
Appropriations of each House (after consulting with the Committee on Appropriations of the other
House) shall suballocate each amount allocated to it for the budget year under subsection (a) among
its subcommittees. Each Committee on Appropriations shall promptly report to its House
suballocations made or revised under this subsection. The Committee on Appropriations of the
House of Representatives shall further divide among its subcommittees the divisions made under
subsection (a)(3)(B) and promptly report those divisions to the House.
(c) Point of order
After the Committee on Appropriations has received an allocation pursuant to subsection (a) for a
fiscal year, it shall not be in order in the House of Representatives or the Senate to consider any bill,
joint resolution, amendment, motion, or conference report within the jurisdiction of that committee
providing new budget authority for that fiscal year, until that committee makes the suballocations
required by subsection (b).
(d) Subsequent concurrent resolutions
In the case of a concurrent resolution on the budget referred to in section 635 of this title, the
allocations under subsection (a) and the subdivisions under subsection (b) shall be required only to
the extent necessary to take into account revisions made in the most recently agreed to concurrent
resolution on the budget.
(e) Alteration of allocations
At any time after a committee reports the allocations required to be made under subsection (b),
such committee may report to its House an alteration of such allocations. Any alteration of such
allocations must be consistent with any actions already taken by its House on legislation within the
committee's jurisdiction.
(f) Legislation subject to point of order
(1) In the House of Representatives
After the Congress has completed action on a concurrent resolution on the budget for a fiscal
year, it shall not be in order in the House of Representatives to consider any bill, joint resolution,
or amendment providing new budget authority for any fiscal year, or any conference report on any
such bill or joint resolution, if—
(A) the enactment of such bill or resolution as reported;
(B) the adoption and enactment of such amendment; or
(C) the enactment of such bill or resolution in the form recommended in such conference
report,
would cause the applicable allocation of new budget authority made under subsection (a) or (b) for
the first fiscal year or the total of fiscal years to be exceeded.
(2) In the Senate
After a concurrent resolution on the budget is agreed to, it shall not be in order in the Senate to
consider any bill, joint resolution, amendment, motion, or conference report that would cause—
(A) in the case of any committee except the Committee on Appropriations, the applicable
allocation of new budget authority or outlays under subsection (a) for the first fiscal year or the
total of fiscal years to be exceeded; or
(B) in the case of the Committee on Appropriations, the applicable suballocation of new
budget authority or outlays under subsection (b) to be exceeded.
(g) Pay-as-you-go exception in the House
(1) In general
(A) Subsection (f)(1) and, after April 15, section 634(a) of this title shall not apply to any bill or
joint resolution, as reported, amendment thereto, or conference report thereon if, for each fiscal
year covered by the most recently agreed to concurrent resolution on the budget—
(i) the enactment of that bill or resolution as reported;
[Release Point 118-70]
(ii) the adoption and enactment of that amendment; or
(iii) the enactment of that bill or resolution in the form recommended in that conference
report,
would not increase the deficit, and, if the sum of any revenue increases provided in legislation
already enacted during the current session (when added to revenue increases, if any, in excess of
any outlay increase provided by the legislation proposed for consideration) is at least as great as
the sum of the amount, if any, by which the aggregate level of Federal revenues should be
increased as set forth in that concurrent resolution and the amount, if any, by which revenues are
to be increased pursuant to pay-as-you-go procedures under section 632(b)(8) of this title, if
included in that concurrent resolution.
(B) Section 642(a) of this title, as that section applies to revenues, shall not apply to any bill,
joint resolution, amendment thereto, or conference report thereon if, for each fiscal year covered
by the most recently agreed to concurrent resolution on the budget—
(i) the enactment of that bill or resolution as reported;
(ii) the adoption and enactment of that amendment; or
(iii) the enactment of that bill or resolution in the form recommended in that conference
report,
would not increase the deficit, and, if the sum of any outlay reductions provided in legislation
already enacted during the current session (when added to outlay reductions, if any, in excess of
any revenue reduction provided by the legislation proposed for consideration) is at least as great as
the sum of the amount, if any, by which the aggregate level of Federal outlays should be reduced
as required by that concurrent resolution and the amount, if any, by which outlays are to be
reduced pursuant to pay-as-you-go procedures under section 632(b)(8) of this title, if included in
that concurrent resolution.
(2) Revised allocations
(A) As soon as practicable after Congress agrees to a bill or joint resolution that would have
been subject to a point of order under subsection (f)(1) but for the exception provided in paragraph
(1)(A) or would have been subject to a point of order under section 642(a) of this title but for the
exception provided in paragraph (1)(B), the chairman of the Committee on the Budget of the
House of Representatives shall file with the House appropriately revised allocations under
subsection (a) and revised functional levels and budget aggregates to reflect that bill.
(B) Such revised allocations, functional levels, and budget aggregates shall be considered for
the purposes of this Act as allocations, functional levels, and budget aggregates contained in the
most recently agreed to concurrent resolution on the budget.
(Pub. L. 93–344, title III, §302, July 12, 1974, 88 Stat. 308; Pub. L. 99–177, title II, §201(b), Dec.
12, 1985, 99 Stat. 1044; Pub. L. 101–508, title XIII, §§13112(a)(6), (7), 13201(b)(2), (3),
13207(a)(1)(A), (B), (2), 13303(c), Nov. 5, 1990, 104 Stat. 1388–608, 1388–614, 1388–617,
1388–618, 1388–625; Pub. L. 105–33, title X, §10106, Aug. 5, 1997, 111 Stat. 680; Pub. L. 113–67,
div. A, title I, §122(3), Dec. 26, 2013, 127 Stat. 1175.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (g)(2)(B), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the
Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A, and 17B and
section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance,
amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1,
General Provisions, and sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title
31, and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621,
632, and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete
classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
[Release Point 118-70]
CODIFICATION
Section was formerly classified to section 1323 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
AMENDMENTS
2013—Subsec. (g)(2)(A). Pub. L. 113–67 substituted "Committee on the Budget" for "committee on the
Budget".
1997—Subsec. (a). Pub. L. 105–33, §10106(a), added subsec. (a) and struck out former subsec. (a) which
required inclusion of certain allocations to committees of the House of Representatives and of the Senate in
the joint explanatory statement accompanying a conference report on a concurrent resolution on the budget.
Subsec. (b). Pub. L. 105–33, §10106(a), added subsec. (b) and struck out former subsec. (b) which required
committees of each House to subdivide among their subcommittees the allocations of budget outlays and new
budget authority allocated to them in joint explanatory statement accompanying conference report on
concurrent resolution on budget and required further subdivisions of such allocations by subcommittees.
Subsec. (c). Pub. L. 105–33, §10106(b), reenacted heading without change and amended text generally.
Prior to amendment, text read as follows: "It shall not be in order in the House of Representatives or the
Senate to consider any bill, joint resolution, amendment, motion, or conference report, providing—
"(1) new budget authority for a fiscal year; or
"(2) new spending authority as described in section 651(c)(2) of this title for a fiscal year;
within the jurisdiction of any committee which has received an appropriate allocation of such authority
pursuant to subsection (a) of this section for such fiscal year, unless and until such committee makes the
allocation or subdivisions required by subsection (b) of this section, in connection with the most recently
agreed to concurrent resolution on the budget for such fiscal year."
Subsec. (f)(1). Pub. L. 105–33, §10106(c)(1), substituted "providing new budget authority for any fiscal
year" for "providing new budget authority for such fiscal year or new entitlement authority effective during
such fiscal year" in introductory provisions and "applicable allocation of new budget authority made under
subsection (a) or (b) for the first fiscal year or the total of fiscal years to be exceeded." for "appropriate
allocation made pursuant to subsection (b) of this section for such fiscal year of new discretionary budget
authority or new entitlement authority to be exceeded." in concluding provisions.
Subsec. (f)(2). Pub. L. 105–33, §10106(c)(2), reenacted heading without change and amended text
generally. Prior to amendment, text provided that consideration in the Senate was not in order for certain bills,
joint resolutions, amendments, motions, or conference reports that provided for budget outlays, new budget
authority, or new spending authority in excess of certain allocations.
Subsec. (g). Pub. L. 105–33, §10106(d), amended heading and text of subsec. (g) generally. Prior to
amendment, text read as follows: "For purposes of this section, the levels of new budget authority, spending
authority as described in section 651(c)(2) of this title, outlays, and new credit authority for a fiscal year shall
be determined on the basis of estimates made by the Committee on the Budget of the House of
Representatives or the Senate, as the case may be."
1990—Subsec. (a)(1). Pub. L. 101–508, §13201(b)(3)(A), substituted "and total entitlement authority" for
"total entitlement authority, and total credit authority", "or such entitlement authority" for "such entitlement
authority, or such credit authority", and "and entitlement authority" for "entitlement authority, and credit
authority".
Subsec. (a)(2). Pub. L. 101–508, §13303(c)(1), inserted "social security outlays for the fiscal year of the
resolution and for each of the 4 succeeding fiscal years," after "appropriate levels of".
Pub. L. 101–508, §13201(b)(3)(B), substituted "total budget outlays and total new budget authority" for
"total budget outlays, total new budget authority and new credit authority".
Pub. L. 101–508, §13112(a)(6), struck out "the House of Representatives and" after "among each
committee of".
Subsec. (b)(1)(A). Pub. L. 101–508, §13201(b)(3)(C), substituted "budget outlays and new budget
authority" for "budget outlays, new budget authority, and new credit authority".
Subsec. (c). Pub. L. 101–508, §13207(a)(1)(A), substituted "bill, joint resolution, amendment, motion, or
conference report" for "bill or resolution, or amendment thereto".
Subsec. (c)(3). Pub. L. 101–508, §13201(b)(3)(D), struck out par. (3) which read as follows: "new credit
authority for a fiscal year;".
Subsec. (f)(1). Pub. L. 101–508, §13207(a)(1)(B), inserted "joint" before "resolution" the second and third
places appearing in introductory provisions.
Pub. L. 101–508, §13201(b)(3)(E), substituted "year or new entitlement authority effective during such
fiscal year," for "year, new entitlement authority effective during such fiscal year, or new credit authority for
[Release Point 118-70]
such fiscal year," in introductory provisions and "authority or new entitlement authority" for "authority, new
entitlement authority, or new credit authority" in closing provisions.
Subsec. (f)(2). Pub. L. 101–508, §13303(c)(3), inserted three sentences at end beginning with "In applying
this paragraph—".
Pub. L. 101–508, §13303(c)(2), which directed the insertion of "or provides for social security outlays in
excess of the appropriate allocation of social security outlays under subsection (a) of this section for the fiscal
year of the resolution or for the total of that year and the 4 succeeding fiscal years" before the period, was
executed by making the insertion before the period at end of first sentence, as the probable intent of Congress,
in view of the applicability of the amendment. See Effective and Termination Dates of 1990 Amendment note
below.
Pub. L. 101–508, §13207(a)(2), substituted "outlays, new budget authority, or new spending authority (as
defined in section 651(c)(2) of this title)" for "outlays or new budget authority".
Pub. L. 101–508, §13207(a)(1)(B), substituted "bill, joint resolution, amendment, motion, or conference
report" for "bill or resolution (including a conference report thereon), or any amendment to a bill or
resolution".
Pub. L. 101–508, §13201(b)(2), temporarily inserted "or new credit authority" after "new budget authority".
See Effective and Termination Dates of 1990 Amendment note below.
Pub. L. 101–508, §13112(a)(7), inserted "(A)" after "in excess of", substituted "under subsection (a) of this
section, or (B) the appropriate allocation (if any) of such outlays or authority reported under subsection (b) of
this section" for "under subsection (b) of this section", and inserted after first sentence "Subparagraph (A)
shall not apply to any bill, resolution, amendment, motion, or conference report that is within the jurisdiction
of the Committee on Appropriations."
1985—Pub. L. 99–177 substituted "Committee allocations" for "Matters to be included in joint statement of
managers; reports by committees" in section catchline.
Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, providing for separate provisions relating to
allocations of totals for the House of Representatives and for the Senate, with respect to the joint explanatory
statement accompanying the conference report on a concurrent resolution on the budget.
Subsec. (b). Pub. L. 99–177 amended subsec. (b) generally, inserting applicability to new credit authority.
Subsec. (c). Pub. L. 99–177 amended subsec. (c) generally, substituting provisions relating to point of order
for provisions relating to subsequent concurrent resolutions.
Subsecs. (d) to (g). Pub. L. 99–177, in amending section generally, added subsecs. (d) to (g).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE AND TERMINATION DATES OF 1990 AMENDMENT
Pub. L. 101–508, title XIII, §13201(b)(2), Nov. 5, 1990, 104 Stat. 1388–614, provided that the amendment
made by section 13201(b)(2) is effective Jan. 1, 1991, for fiscal year 1991 only.
Pub. L. 101–508, title XIII, §13201(b)(3), Nov. 5, 1990, 104 Stat. 1388–614, provided that the amendment
made by section 13201(b)(3) is effective for fiscal years beginning after Sept. 30, 1991.
Amendment by section 13303(c) of Pub. L. 101–508 applicable with respect to fiscal years beginning on or
after Oct. 1, 1990, see section 13306 of Pub. L. 101–508, set out as an Effective Date of 1990 Amendment
note under section 632 of this title.
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years
beginning after Sept. 30, 1985, except that such amendment, insofar as it relates to subsecs. (c), (f), and (g) of
this section, to become effective Apr. 15, 1986, see section 275(a)(1), (2)(A) of Pub. L. 99–177, formerly set
out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L.
112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246. | §633. Committee allocations | 1974-07-12T00:00:00 | a1e117a09416294031195db4333c60c3898c815970e4b285d47ca8f073646eac |
US House of Representatives | 2, 17, §634 | budget-related legislation is considered
(a) In general
Until the concurrent resolution on the budget for a fiscal year has been agreed to, it shall not be in
order in the House of Representatives, with respect to the first fiscal year covered by that resolution,
[Release Point 118-70]
or the Senate, with respect to any fiscal year covered by that resolution, to consider any bill or joint
resolution, amendment or motion thereto, or conference report thereon that—
(1) first provides new budget authority for that fiscal year;
(2) first provides an increase or decrease in revenues during that fiscal year;
(3) provides an increase or decrease in the public debt limit to become effective during that
fiscal year;
(4) in the Senate only, first provides new entitlement authority for that fiscal year; or
(5) in the Senate only, first provides for an increase or decrease in outlays for that fiscal year.
(b) Exceptions in House
In the House of Representatives, subsection (a) does not apply—
(1)(A) to any bill or joint resolution, as reported, providing advance discretionary new budget
authority that first becomes available for the first or second fiscal year after the budget year; or
(B) to any bill or joint resolution, as reported, first increasing or decreasing revenues in a fiscal
year following the fiscal year to which the concurrent resolution applies;
(2) after May 15, to any general appropriation bill or amendment thereto; or
(3) to any bill or joint resolution unless it is reported by a committee.
(c) Application to appropriation measures in Senate
(1) In general
Until the concurrent resolution on the budget for a fiscal year has been agreed to and an
allocation has been made to the Committee on Appropriations of the Senate under section 633(a)
of this title for that year, it shall not be in order in the Senate to consider any appropriation bill or
joint resolution, amendment or motion thereto, or conference report thereon for that year or any
subsequent year.
(2) Exception
Paragraph (1) does not apply to appropriations legislation making advance appropriations for
the first or second fiscal year after the year the allocation referred to in that paragraph is made.
(Pub. L. 93–344, title III, §303, July 12, 1974, 88 Stat. 309; Pub. L. 99–177, title II, §201(b), Dec.
12, 1985, 99 Stat. 1046; Pub. L. 101–508, title XIII, §§13205, 13207(a)(1)(C), Nov. 5, 1990, 104
Stat. 1388–616, 1388–617; Pub. L. 105–33, title X, §10107(a), Aug. 5, 1997, 111 Stat. 683.)
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 1324 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
AMENDMENTS
1997—Pub. L. 105–33 amended section catchline and text generally. Prior to amendment, text provided
that concurrent resolution on the budget must be adopted before legislation providing new budget authority,
new spending authority, new credit authority, or changes in revenues or public debt limit could be considered.
1990—Subsec. (a). Pub. L. 101–508, §13207(a)(1)(C), substituted "bill, joint resolution, amendment,
motion, or conference report" for "bill or resolution (or amendment thereto)".
Pub. L. 101–508, §13205(a)(4), inserted "(or, in the Senate, a concurrent resolution on the budget covering
such fiscal year)" after "fiscal year" in closing provisions.
Subsec. (a)(5), (6). Pub. L. 101–508, §13205(a)(1)–(3), added pars. (5) and (6) and struck out former par.
(5) which read as follows: "new credit authority for a fiscal year,".
Subsec. (b). Pub. L. 101–508, §13205(b), designated existing provisions as par. (1) and substituted "In the
House of Representatives, subsection (a)" for "Subsection (a)", redesignated former pars. (1) and (2) as
subpars. (A) and (B), respectively, and added par. (2).
1985—Pub. L. 99–177 inserted reference to new credit authority in section catchline.
Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, substituting provisions respecting new
entitlement authority or new credit authority, for provisions respecting new spending authority.
[Release Point 118-70]
Subsec. (b). Pub. L. 99–177 amended subsec. (b) generally, inserting provisions relating to applicability of
subsec. (a) after May 15 of any calendar year.
Subsec. (c). Pub. L. 99–177 amended subsec. (c) generally, inserting references to amendments of bills or
resolutions wherever appearing.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years
beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and
Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug.
2, 2011, 125 Stat. 246. | §634. Concurrent resolution on the budget must be adopted before | 1974-07-12T00:00:00 | d95521be7c0ce70dc30244f6d70b14e1b0afa2fb60912feb151a8de33d7e4831 |
US House of Representatives | 2, 17, §635 | At any time after the concurrent resolution on the budget for a fiscal year has been agreed to
pursuant to section 632 of this title, and before the end of such fiscal year, the two Houses may adopt
a concurrent resolution on the budget which revises or reaffirms the concurrent resolution on the
budget for such fiscal year most recently agreed to.
(Pub. L. 93–344, title III, §304, July 12, 1974, 88 Stat. 310; Pub. L. 99–177, title II, §201(b), Dec.
12, 1985, 99 Stat. 1047; Pub. L. 100–119, title II, §208(b), Sept. 29, 1987, 101 Stat. 786; Pub. L.
101–508, title XIII, §13112(a)(8), Nov. 5, 1990, 104 Stat. 1388–608; Pub. L. 105–33, title X, | §635. Permissible revisions of concurrent resolutions on the budget | 1974-07-12T00:00:00 | d94c34db8be4a2f9c6e96e2879161b126fa5d02932dc7a2c92d74f3ef236254f |
US House of Representatives | 2, 17, §636 | (a) Procedure in House after report of Committee; debate
(1) When a concurrent resolution on the budget has been reported by the Committee on the Budget
of the House of Representatives and has been referred to the appropriate calendar of the House, it
shall be in order on any day thereafter, subject to clause 4 of rule XIII of the Rules of the House of
Representatives, to move to proceed to the consideration of the concurrent resolution. The motion is
highly privileged and is not debatable. An amendment to the motion is not in order and it is not in
order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(2) General debate on any concurrent resolution on the budget in the House of Representatives
shall be limited to not more than 10 hours, which shall be divided equally between the majority and
minority parties, plus such additional hours of debate as are consumed pursuant to paragraph (3). A
motion further to limit debate is not debatable. A motion to recommit the concurrent resolution is not
in order, and it is not in order to move to reconsider the vote by which the concurrent resolution is
agreed to or disagreed to.
(3) Following the presentation of opening statements on the concurrent resolution on the budget
for a fiscal year by the chairman and ranking minority member of the Committee on the Budget of
the House, there shall be a period of up to four hours for debate on economic goals and policies.
(4) Only if a concurrent resolution on the budget reported by the Committee on the Budget of the
House sets forth the economic goals (as described in sections 1022(a)(2) and 1022a(b) of title 15)
which the estimates, amounts, and levels (as described in section 632(a) of this title) set forth in such
resolution are designed to achieve, shall it be in order to offer to such resolution an amendment
relating to such goals, and such amendment shall be in order only if it also proposes to alter such
estimates, amounts, and levels in germane fashion in order to be consistent with the goals proposed
in such amendment.
(5) Consideration of any concurrent resolution on the budget by the House of Representatives
shall be in the Committee of the Whole, and the resolution shall be considered for amendment under
the five-minute rule in accordance with the applicable provisions of rule XVIII of the Rules of the
House of Representatives. After the Committee rises and reports the resolution back to the House,
the previous question shall be considered as ordered on the resolution and any amendments thereto to
final passage without intervening motion; except that it shall be in order at any time prior to final
passage (notwithstanding any other rule or provision of law) to adopt an amendment (or a series of
amendments) changing any figure or figures in the resolution as so reported to the extent necessary
to achieve mathematical consistency.
(6) Debate in the House of Representatives on the conference report on any concurrent resolution
on the budget shall be limited to not more than 5 hours, which shall be divided equally between the
majority and minority parties. A motion further to limit debate is not debatable. A motion to
recommit the conference report is not in order, and it is not in order to move to reconsider the vote
by which the conference report is agreed to or disagreed to.
(7) Appeals from decisions of the Chair relating to the application of the Rules of the House of
Representatives to the procedure relating to any concurrent resolution on the budget shall be decided
without debate.
(b) Procedure in Senate after report of Committee; debate; amendments
(1) Debate in the Senate on any concurrent resolution on the budget, and all amendments thereto
and debatable motions and appeals in connection therewith, shall be limited to not more than 50
hours, except that with respect to any concurrent resolution referred to in section 635 of this title all
such debate shall be limited to not more than 15 hours. The time shall be equally divided between,
and controlled by, the majority leader and the minority leader or their designees.
(2) Debate in the Senate on any amendment to a concurrent resolution on the budget shall be
limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of
the concurrent resolution, and debate on any amendment to an amendment, debatable motion, or
appeal shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the
[Release Point 118-70]
manager of the concurrent resolution, except that in the event the manager of the concurrent
resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto shall
be controlled by the minority leader or his designee. No amendment that is not germane to the
provisions of such concurrent resolution shall be received. Such leaders, or either of them, may, from
the time under their control on the passage of the concurrent resolution, allot additional time to any
Senator during the consideration of any amendment, debatable motion, or appeal.
(3) Following the presentation of opening statements on the concurrent resolution on the budget
for a fiscal year by the chairman and ranking minority member of the Committee on the Budget of
the Senate, there shall be a period of up to four hours for debate on economic goals and policies.
(4) Subject to the other limitations of this Act, only if a concurrent resolution on the budget
reported by the Committee on the Budget of the Senate sets forth the economic goals (as described in
sections 1022(a)(2) and 1022a(b) of title 15) which the estimates, amounts, and levels (as described
in section 632(a) of this title) set forth in such resolution are designed to achieve, shall it be in order
to offer to such resolution an amendment relating to such goals, and such amendment shall be in
order only if it also proposes to alter such estimates, amounts, and levels in germane fashion in order
to be consistent with the goals proposed in such amendment.
(5) A motion to further limit debate is not debatable. A motion to recommit (except a motion to
recommit with instructions to report back within a specified number of days, not to exceed 3, not
counting any day on which the Senate is not in session) is not in order. Debate on any such motion to
recommit shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and
the manager of the concurrent resolution.
(6) Notwithstanding any other rule, an amendment or series of amendments to a concurrent
resolution on the budget proposed in the Senate shall always be in order if such amendment or series
of amendments proposes to change any figure or figures then contained in such concurrent resolution
so as to make such concurrent resolution mathematically consistent or so as to maintain such
consistency.
(c) Action on conference reports in Senate
(1) A motion to proceed to the consideration of the conference report on any concurrent resolution
on the budget (or a reconciliation bill or resolution) may be made even though a previous motion to
the same effect has been disagreed to.
(2) During the consideration in the Senate of the conference report (or a message between Houses)
on any concurrent resolution on the budget, and all amendments in disagreement, and all
amendments thereto, and debatable motions and appeals in connection therewith, debate shall be
limited to 10 hours, to be equally divided between, and controlled by, the majority leader and
minority leader or their designees. Debate on any debatable motion or appeal related to the
conference report (or a message between Houses) shall be limited to 1 hour, to be equally divided
between, and controlled by, the mover and the manager of the conference report (or a message
between Houses).
(3) Should the conference report be defeated, debate on any request for a new conference and the
appointment of conferees shall be limited to 1 hour, to be equally divided between, and controlled
by, the manager of the conference report and the minority leader or his designee, and should any
motion be made to instruct the conferees before the conferees are named, debate on such motion
shall be limited to one-half hour, to be equally divided between, and controlled by, the mover and the
manager of the conference report. Debate on any amendment to any such instructions shall be
limited to 20 minutes, to be equally divided between and controlled by the mover and the manager of
the conference report. In all cases when the manager of the conference report is in favor of any
motion, appeal, or amendment, the time in opposition shall be under the control of the minority
leader or his designee.
(4) In any case in which there are amendments in disagreement, time on each amendment shall be
limited to 30 minutes, to be equally divided between, and controlled by, the manager of the
conference report and the minority leader or his designee. No amendment that is not germane to the
provisions of such amendments shall be received.
[Release Point 118-70]
(d) Concurrent resolution must be consistent in Senate
It shall not be in order in the Senate to vote on the question of agreeing to—
(1) a concurrent resolution on the budget unless the figures then contained in such resolution are
mathematically consistent; or
(2) a conference report on a concurrent resolution on the budget unless the figures contained in
such resolution, as recommended in such conference report, are mathematically consistent.
(Pub. L. 93–344, title III, §305, July 12, 1974, 88 Stat. 310; Pub. L. 95–523, title III, §303(b), (c),
Oct. 27, 1978, 92 Stat. 1905, 1906; Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1047;
Pub. L. 100–119, title II, §209, Sept. 29, 1987, 101 Stat. 787; Pub. L. 100–203, title VIII, §8003(d),
Dec. 22, 1987, 101 Stat. 1330–282; Pub. L. 101–508, title XIII, §§13209, 13210(1), Nov. 5, 1990,
104 Stat. 1388–619, 1388–620; Pub. L. 105–33, title X, §10109(a), Aug. 5, 1997, 111 Stat. 684; Pub.
L. 113–67, div. A, title I, §122(4)–(6), Dec. 26, 2013, 127 Stat. 1175.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (b)(4), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the
Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A and 17B, and
section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance,
amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1,
General Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31
and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632,
and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete classification of
this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
CODIFICATION
Section was formerly classified to section 1326 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
AMENDMENTS
2013—Subsec. (a)(1). Pub. L. 113–67, §122(4), substituted "clause 4 of rule XIII" for "clause 2(l)(6) of rule
XI".
Subsec. (a)(5). Pub. L. 113–67, §122(5), substituted "provisions of rule XVIII" for "provisions of rule
XXIII".
Subsec. (b)(1). Pub. L. 113–67, §122(6), substituted "section 635" for "section 635(a)".
1997—Subsec. (a)(1). Pub. L. 105–33 amended par. (1) generally. Prior to amendment, par. (1) read as
follows: "When the Committee on the Budget of the House of Representatives has reported any concurrent
resolution on the budget, it is in order at any time after the fifth day (excluding Saturdays, Sundays, and legal
holidays) following the day on which the report upon such resolution by the Committee on the Budget has
been available to Members of the House and, if applicable, after the first day (excluding Saturdays, Sundays,
and legal holidays) following the day on which a report upon such resolution by the Committee on Rules
pursuant to section 632(c) of this title has been available to Members of the House (even though a previous
motion to the same effect has been disagreed to) to move to proceed to the consideration of the concurrent
resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order,
and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to."
1990—Subsec. (c)(1). Pub. L. 101–508, §13209(1), struck out at beginning "The conference report on any
concurrent resolution on the budget shall be in order in the Senate at any time after the third day (excluding
Saturdays, Sundays, and legal holidays) following the day on which such conference report is reported and is
available to Members of the Senate." and inserted "on any concurrent resolution on the budget (or a
reconciliation bill or resolution)" after "consideration of the conference report".
Subsec. (c)(2). Pub. L. 101–508, §13209(2), inserted "(or a message between Houses)" after "conference
report" wherever appearing.
Subsecs. (d), (e). Pub. L. 101–508, §13210(1), redesignated subsec. (e) as (d) and struck out former subsec.
(d) which read as follows: "If at the end of 7 days (excluding Saturdays, Sundays, and legal holidays) after the
conferees of both Houses have been appointed to a committee of conference on a concurrent resolution on the
budget, the conferees are unable to reach agreement with respect to all matters in disagreement between the
[Release Point 118-70]
two Houses, then the conferees shall submit to their respective Houses, on the first day thereafter on which
their House is in session—
"(1) a conference report recommending those matters on which they have agreed and reporting in
disagreement those matters on which they have not agreed; or
"(2) a conference report in disagreement, if the matter in disagreement is an amendment which strikes
out the entire text of the concurrent resolution and inserts a substitute text."
1987—Subsec. (c)(2). Pub. L. 100–203, §8003(d), inserted a comma after "therewith".
Pub. L. 100–119 inserted "and all amendments in disagreement, and all amendments thereto, and debatable
motions and appeals in connection therewith" after "budget,".
1985—Subsec. (a). Pub. L. 99–177, in amending subsec. (a) generally, in par. (1) inserted provisions
relating to applicability of report after first day and substituted "fifth day" for "tenth day", in par. (3) struck out
"first" before "concurrent", in par. (5) substituted "considered for" for "read for", struck out par. (7) relating to
motions to postpone, and redesignated par. (8) as (7).
Subsec. (b). Pub. L. 99–177, in amending subsec. (b) generally, in par. (1) substituted "any concurrent" for
"the second required concurrent" and "635(a)" for "641(a)", in par. (3) struck out "first" before "concurrent",
and in par. (4) inserted provisions relating to applicability of other limitations of this Act.
Subsecs. (c) to (e). Pub. L. 99–177, in amending section generally, reenacted subsecs. (c) to (e) without
change.
1978—Subsec. (a). Pub. L. 95–523, §303(b), inserted in par. (2) ", plus such additional hours of debate as
are consumed pursuant to paragraph (3)" after "and minority parties", added pars. (3) and (4) and redesignated
existing pars. (3) to (6) as (6) to (9), respectively. Existing pars. (3) to (6) were renumbered (5) to (8),
respectively, as the probable intent of Congress, notwithstanding the language of section 303(b)(2) of Pub. L.
95–523 directing that existing pars. (3) to (6) be redesignated (6) to (9), respectively.
Subsec. (b). Pub. L. 95–523, §303(c), added pars. (3) and (4) and redesignated existing pars. (3) and (4) as
(6) and (7), respectively. Existing pars. (3) and (4) were renumbered (5) and (6), respectively, as the probable
intent of Congress, notwithstanding the language of section 303(c)(1) of Pub. L. 95–523 directing that existing
pars. (3) and (4) be redesignated (6) and (7), respectively.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years
beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and
Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug.
2, 2011, 125 Stat. 246. | §636. Provisions relating to consideration of concurrent resolutions on the budget | 1974-07-12T00:00:00 | 507eec7f6b8ba299f5496cd000353faa5056d29b4ac8c139d84309f3d27e1ae0 |
US House of Representatives | 2, 17, §637 | Committees
(a) In the Senate
In the Senate, no bill, resolution, amendment, motion, or conference report, dealing with any
matter which is within the jurisdiction of the Committee on the Budget shall be considered unless it
is a bill or resolution which has been reported by the Committee on the Budget (or from the
consideration of which such committee has been discharged) or unless it is an amendment to such a
bill or resolution.
(b) In the House of Representatives
In the House of Representatives, no bill or joint resolution, or amendment thereto, or conference
report thereon, dealing with any matter which is within the jurisdiction of the Committee on the
Budget shall be considered unless it is a bill or joint resolution which has been reported by the
Committee on the Budget (or from the consideration of which such committee has been discharged)
or unless it is an amendment to such a bill or joint resolution.
(Pub. L. 93–344, title III, §306, July 12, 1974, 88 Stat. 313; Pub. L. 99–177, title II, §201(b), Dec.
12, 1985, 99 Stat. 1050; Pub. L. 101–508, title XIII, §13207(a)(1)(D), Nov. 5, 1990, 104 Stat.
1388–617; Pub. L. 113–67, div. A, title I, §122(7), Dec. 26, 2013, 127 Stat. 1175.)
[Release Point 118-70]
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 1327 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
AMENDMENTS
2013—Pub. L. 113–67 designated existing provisions as subsec. (a) and inserted heading, substituted "In
the Senate, no" for "No", struck out "of either House" after "jurisdiction of the Committee on the Budget", "in
that House" after "shall be considered", and "of that House" after "reported by the Committee on the Budget",
and added subsec. (b).
1990—Pub. L. 101–508 substituted "bill, resolution, amendment, motion, or conference report" for "bill or
resolution, and no amendment to any bill or resolution".
1985—Pub. L. 99–177 reenacted section without change.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years
beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and
Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug.
2, 2011, 125 Stat. 246. | §637. Legislation dealing with Congressional budget must be handled by Budget | 1974-07-12T00:00:00 | 899227ed4b973c82bcb4d440c13e6935652cd276cc4d6261f2cf7aa1eed49080 |