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US House of Representatives | 2, 17, §638 | 10
On or before June 10 of each year, the Committee on Appropriations of the House of
Representatives shall report annual appropriation bills providing new budget authority under the
jurisdiction of all of its subcommittees for the fiscal year which begins on October 1 of that year.
(Pub. L. 93–344, title III, §307, July 12, 1974, 88 Stat. 313; Pub. L. 99–177, title II, §201(b), Dec.
12, 1985, 99 Stat. 1051.)
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 1328 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
AMENDMENTS
1985—Pub. L. 99–177 substituted "by June 10" for "before first appropriation bill is reported" in section
catchline, and amended section generally. Prior to amendment, section read as follows: "Prior to reporting the
first regular appropriation bill for each fiscal year, the Committee on Appropriations of the House of
Representatives shall, to the extent practicable, complete subcommittee markup and full committee action on
all regular appropriation bills for that year and submit to the House a summary report comparing the
committee's recommendations with the appropriate levels of budget outlays and new budget authority as set
forth in the most recently agreed to concurrent resolution on the budget for that year."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years
beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and
Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug.
[Release Point 118-70]
2, 2011, 125 Stat. 246. | §638. House committee action on all appropriation bills to be completed by June | 1974-07-12T00:00:00 | 7efe9e32a01fcc89cbe274f1729db4110122e66174f62f9a9e6df92813000670 |
US House of Representatives | 2, 17, §639 | (a) Legislation providing new budget authority or providing increase or decrease in revenues
or tax expenditures
(1) Whenever a committee of either House reports to its House a bill or joint resolution, or
committee amendment thereto, providing new budget authority (other than continuing
appropriations) or providing an increase or decrease in revenues or tax expenditures for a fiscal year
(or fiscal years), the report accompanying that bill or joint resolution shall contain a statement, or the
committee shall make available such a statement in the case of an approved committee amendment
which is not reported to its House, prepared after consultation with the Director of the Congressional
Budget Office—
(A) comparing the levels in such measure to the appropriate allocations in the reports submitted
under section 633(b) of this title for the most recently agreed to concurrent resolution on the
budget for such fiscal year (or fiscal years);
(B) containing a projection by the Congressional Budget Office of how such measure will affect
the levels of such budget authority, budget outlays, revenues, or tax expenditures under existing
law for such fiscal year (or fiscal years) and each of the four ensuing fiscal years, if timely
submitted before such report is filed; and
(C) containing an estimate by the Congressional Budget Office of the level of new budget
authority for assistance to State and local governments provided by such measure, if timely
submitted before such report is filed.
(2) Whenever a conference report is filed in either House and such conference report or any
amendment reported in disagreement or any amendment contained in the joint statement of managers
to be proposed by the conferees in the case of technical disagreement on such bill or joint resolution
provides new budget authority (other than continuing appropriations) or provides an increase or
decrease in revenues for a fiscal year (or fiscal years), the statement of managers accompanying such
conference report shall contain the information described in paragraph (1), if available on a timely
basis. If such information is not available when the conference report is filed, the committee shall
make such information available to Members as soon as practicable prior to the consideration of such
conference report.
(3) CBO
estimates.—
PAYGO
(A) The Chairs of the Committees on the Budget of the House and Senate, as applicable, shall
request from the Director of the Congressional Budget Office an estimate of the budgetary effects
of PAYGO legislation.
(B) Estimates shall be prepared using baseline estimates supplied by the Congressional Budget
Office, consistent with section 907 of this title.
(C) The Director shall not count timing shifts, as that term is defined at section 932(8) of this
title, in estimates of the budgetary effects of PAYGO Legislation.
(b) Up-to-date tabulations of Congressional budget action
(1) The Director of the Congressional Budget Office shall issue to the committees of the House of
Representatives and the Senate reports on at least a monthly basis detailing and tabulating the
progress of congressional action on bills and joint resolutions providing new budget authority or
providing an increase or decrease in revenues or tax expenditures for each fiscal year covered by a
concurrent resolution on the budget. Such reports shall include but are not limited to an up-to-date
tabulation comparing the appropriate aggregate and functional levels (including outlays) included in
the most recently adopted concurrent resolution on the budget with the levels provided in bills and
joint resolutions reported by committees or adopted by either House or by the Congress, and with the
levels provided by law for the fiscal year preceding the first fiscal year covered by the appropriate
concurrent resolution.
[Release Point 118-70]
(2) The Committee on the Budget of each House shall make available to Members of its House
summary budget scorekeeping reports. Such reports—
(A) shall be made available on at least a monthly basis, but in any case frequently enough to
provide Members of each House an accurate representation of the current status of congressional
consideration of the budget;
(B) shall include, but are not limited to, summaries of tabulations provided under subsection
(b)(1); and
(C) shall be based on information provided under subsection (b)(1) without substantive revision.
The chairman of the Committee on the Budget of the House of Representatives shall submit such
reports to the Speaker.
(c) Five-year projection of Congressional budget action
As soon as practicable after the beginning of each fiscal year, the Director of the Congressional
Budget Office shall issue a report projecting for the period of 5 fiscal years beginning with such
fiscal year—
(1) total new budget authority and total budget outlays for each fiscal year in such period;
(2) revenues to be received and the major sources thereof, and the surplus or deficit, if any, for
each fiscal year in such period;
(3) tax expenditures for each fiscal year in such period; and
(4) entitlement authority for each fiscal year in such period.
(d) Scorekeeping guidelines
Estimates under this section shall be provided in accordance with the scorekeeping guidelines
determined under section 902(d)(5) of this title.
(Pub. L. 93–344, title III, §308, July 12, 1974, 88 Stat. 313; Pub. L. 99–177, title II, §201(b), Dec.
12, 1985, 99 Stat. 1051; Pub. L. 101–508, title XIII, §13206, Nov. 5, 1990, 104 Stat. 1388–617; Pub.
L. 105–33, title X, §10110, Aug. 5, 1997, 111 Stat. 685; Pub. L. 111–139, title I, §4(b), Feb. 12,
2010, 124 Stat. 11; Pub. L. 113–67, div. A, title I, §122(8), Dec. 26, 2013, 127 Stat. 1175.)
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 1329 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
AMENDMENTS
2013—Subsec. (d). Pub. L. 113–67 made technical amendment to heading in original Act.
2010—Subsec. (a). Pub. L. 111–139, §4(b)(1)(B), struck out "Reports on" before "Legislation" in heading.
Subsec. (a)(3). Pub. L. 111–139, §4(b)(1)(A), added par. (3).
Subsec. (d). Pub. L. 111–139, §4(b)(2), added subsec. (d).
1997—Subsec. (a). Pub. L. 105–33, §10110(1)(A), struck out ", new spending authority, or new credit
authority," after "new budget authority" in heading.
Subsec. (a)(1). Pub. L. 105–33, §10110(4), in introductory provisions, substituted "bill or joint resolution"
for "bill or resolution" in two places.
Pub. L. 105–33, §10110(1)(D), in introductory provisions, struck out ", new spending authority described in
section 651(c)(2) of this title, or new credit authority," after "continuing appropriations)".
Subsec. (a)(1)(B). Pub. L. 105–33, §10110(1)(C), substituted "revenues, or tax expenditures" for "spending
authority, revenues, tax expenditures, direct loan obligations, or primary loan guarantee commitments".
Pub. L. 105–33, §10110(1)(B), redesignated subpar. (C) as (B) and struck out former subpar. (B) which
read as follows: "including an identification of any new spending authority described in section 651(c)(2) of
this title which is contained in such measure and a justification for the use of such financing method instead of
annual appropriations;".
Subsec. (a)(1)(C), (D). Pub. L. 105–33, §10110(1)(B), redesignated subpars. (C) and (D) as (B) and (C),
respectively.
Subsec. (a)(2). Pub. L. 105–33, §10110(4), substituted "bill or joint resolution" for "bill or resolution".
[Release Point 118-70]
Pub. L. 105–33, §10110(1)(D), struck out ", new spending authority described in section 651(c)(2) of this
title, or new credit authority," after "continuing appropriations)".
Subsec. (b)(1). Pub. L. 105–33, §10110(4), substituted "bills and joint resolutions" for "bills and
resolutions" in two places.
Pub. L. 105–33, §10110(2), struck out ", new spending authority described in section 651(c)(2) of this title,
or new credit authority," after "new budget authority".
Subsec. (c)(3) to (5). Pub. L. 105–33, §10110(3), inserted "and" at end of par. (3), substituted a period for
"; and" at end of par. (4), and struck out par. (5) which read as follows: "credit authority for each fiscal year in
such period."
1990—Subsec. (a)(1). Pub. L. 101–508, §13206(a)(1), inserted "(or fiscal years)" after "fiscal year" in
introductory provisions and in subpars. (A) and (C).
Subsec. (a)(2). Pub. L. 101–508, §13206(b), inserted "(or fiscal years)" after "fiscal year".
Subsec. (b)(1). Pub. L. 101–508, §13206(c), substituted "for each fiscal year covered by a concurrent
resolution on the budget" for "for a fiscal year" in first sentence, and "the first fiscal year covered by the
appropriate concurrent resolution" for "such fiscal year" in second sentence.
1985—Subsec. (a). Pub. L. 99–177, in amending subsec. (a) generally, designated existing provisions as
par. (1), substituted provisions relating to reports on legislation providing new budget authority, new spending
authority, or new credit authority, or providing an increase or decrease in revenues or tax expenditures, for
provisions relating to reports on legislation providing new budget authority or tax expenditures, and added
par. (2).
Subsec. (b). Pub. L. 99–177, in amending subsec. (b) generally, designated existing provisions as par. (1),
substituted provisions relating to issuance of reports on a monthly basis and contents of such reports, for
provisions relating to issuance of reports on a periodic basis and contents of such reports, and added par. (2).
Subsec. (c). Pub. L. 99–177 amended subsec. (c) generally, adding pars. (4) and (5).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years
beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and
Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug.
2, 2011, 125 Stat. 246. | §639. Reports, summaries, and projections of Congressional budget actions | 1974-07-12T00:00:00 | ee3bee9cc9e944e97c4323b24ac3fee64bcb808fdcc7e97564dc1093821dc372 |
US House of Representatives | 2, 17, §640 | It shall not be in order in the House of Representatives to consider any resolution providing for an
adjournment period of more than three calendar days during the month of July until the House of
Representatives has approved annual appropriation bills providing new budget authority under the
jurisdiction of all the subcommittees of the Committee on Appropriations for the fiscal year
beginning on October 1 of such year. For purposes of this section, the chairman of the Committee on
Appropriations of the House of Representatives shall periodically advise the Speaker as to changes in
jurisdiction among its various subcommittees.
(Pub. L. 93–344, title III, §309, July 12, 1974, 88 Stat. 314; Pub. L. 99–177, title II, §201(b), Dec.
12, 1985, 99 Stat. 1052.)
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 1330 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
AMENDMENTS
1985—Pub. L. 99–177 substituted "House approval of regular appropriation bills" for "Completion of
action on bills providing new budget authority and certain new spending authority" in section catchline, and
amended section generally. Prior to amendment, section read as follows: "Except as otherwise provided
[Release Point 118-70]
pursuant to this subchapter, not later than the seventh day after Labor Day of each year, the Congress shall
complete action on all bills and resolutions—
"(1) providing new budget authority for the fiscal year beginning on October 1 of such year, other than
supplemental, deficiency, and continuing appropriation bills and resolutions, and other than the
reconciliation bill for such year, if required to be reported under section 641(c) of this title; and
"(2) providing new spending authority described in section 651(c)(2)(C) of this title which is to
become effective during such fiscal year.
Paragraph (1) shall not apply to any bill or resolution if legislation authorizing the enactment of new budget
authority to be provided in such bill or resolution has not been timely enacted."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years
beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and
Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug.
2, 2011, 125 Stat. 246. | §640. House approval of regular appropriation bills | 1974-07-12T00:00:00 | 1861431774be8d66a0d4909c46bfd5253d197a69bf9e9dda129151c6dfce7480 |
US House of Representatives | 2, 17, §641 | (a) Inclusion of reconciliation directives in concurrent resolutions on the budget
A concurrent resolution on the budget for any fiscal year, to the extent necessary to effectuate the
provisions and requirements of such resolution, shall—
(1) specify the total amount by which—
(A) new budget authority for such fiscal year;
(B) budget authority initially provided for prior fiscal years;
(C) new entitlement authority which is to become effective during such fiscal year; and
(D) credit authority for such fiscal year,
contained in laws, bills, and resolutions within the jurisdiction of a committee, is to be changed
and direct that committee to determine and recommend changes to accomplish a change of such
total amount;
(2) specify the total amount by which revenues are to be changed and direct that the committees
having jurisdiction to determine and recommend changes in the revenue laws, bills, and
resolutions to accomplish a change of such total amount;
(3) specify the amounts by which the statutory limit on the public debt is to be changed and
direct the committee having jurisdiction to recommend such change; or
(4) specify and direct any combination of the matters described in paragraphs (1), (2), and (3)
(including a direction to achieve deficit reduction).
(b) Legislative procedure
If a concurrent resolution containing directives to one or more committees to determine and
recommend changes in laws, bills, or resolutions is agreed to in accordance with subsection (a),
and—
(1) only one committee of the House or the Senate is directed to determine and recommend
changes, that committee shall promptly make such determination and recommendations and report
to its House reconciliation legislation containing such recommendations; or
(2) more than one committee of the House or the Senate is directed to determine and
recommend changes, each such committee so directed shall promptly make such determination
and recommendations and submit such recommendations to the Committee on the Budget of its
House, which, upon receiving all such recommendations, shall report to its House reconciliation
legislation carrying out all such recommendations without any substantive revision.
For purposes of this subsection, a reconciliation resolution is a concurrent resolution directing the
[Release Point 118-70]
Clerk of the House of Representatives or the Secretary of the Senate, as the case may be, to make
specified changes in bills and resolutions which have not been enrolled.
(c) Compliance with reconciliation directions
(1) Any committee of the House of Representatives or the Senate that is directed, pursuant to a
concurrent resolution on the budget, to determine and recommend changes of the type described in
paragraphs (1) and (2) of subsection (a) with respect to laws within its jurisdiction, shall be deemed
to have complied with such directions—
(A) if—
(i) the amount of the changes of the type described in paragraph (1) of such subsection
recommended by such committee do not exceed or fall below the amount of the changes such
committee was directed by such concurrent resolution to recommend under that paragraph by
more than—
(I) in the Senate, 20 percent of the total of the amounts of the changes such committee was
directed to make under paragraphs (1) and (2) of such subsection; or
(II) in the House of Representatives, 20 percent of the sum of the absolute value of the
changes the committee was directed to make under paragraph (1) and the absolute value of
the changes the committee was directed to make under paragraph (2); and
(ii) the amount of the changes of the type described in paragraph (2) of such subsection
recommended by such committee do not exceed or fall below the amount of the changes such
committee was directed by such concurrent resolution to recommend under that paragraph by
more than—
(I) in the Senate, 20 percent of the total of the amounts of the changes such committee was
directed to make under paragraphs (1) and (2) of such subsection; or
(II) in the House of Representatives, 20 percent of the sum of the absolute value of the
changes the committee was directed to make under paragraph (1) and the absolute value of
the changes the committee was directed to make under paragraph (2); and
(B) if the total amount of the changes recommended by such committee is not less than the total
of the amounts of the changes such committee was directed to make under paragraphs (1) and (2)
of such subsection.
(2)(A) Upon the reporting to the Committee on the Budget of the Senate of a recommendation that
shall be deemed to have complied with such directions solely by virtue of this subsection, the
chairman of that committee may file with the Senate appropriately revised allocations under section
633(a) of this title and revised functional levels and aggregates to carry out this subsection.
(B) Upon the submission to the Senate of a conference report recommending a reconciliation bill
or resolution in which a committee shall be deemed to have complied with such directions solely by
virtue of this subsection, the chairman of the Committee on the Budget of the Senate may file with
the Senate appropriately revised allocations under section 633(a) of this title and revised functional
levels and aggregates to carry out this subsection.
(C) Allocations, functional levels, and aggregates revised pursuant to this paragraph shall be
considered to be allocations, functional levels, and aggregates contained in the concurrent resolution
on the budget pursuant to section 632 of this title.
(D) Upon the filing of revised allocations pursuant to this paragraph, the reporting committee shall
report revised allocations pursuant to section 633(b) of this title to carry out this subsection.
(d) Limitation on amendments to reconciliation bills and resolutions
(1) It shall not be in order in the House of Representatives to consider any amendment to a
reconciliation bill or reconciliation resolution if such amendment would have the effect of increasing
any specific budget outlays above the level of such outlays provided in the bill or resolution (for the
fiscal years covered by the reconciliation instructions set forth in the most recently agreed to
concurrent resolution on the budget), or would have the effect of reducing any specific Federal
[Release Point 118-70]
revenues below the level of such revenues provided in the bill or resolution (for such fiscal years),
unless such amendment makes at least an equivalent reduction in other specific budget outlays, an
equivalent increase in other specific Federal revenues, or an equivalent combination thereof (for such
fiscal years), except that a motion to strike a provision providing new budget authority or new
entitlement authority may be in order.
(2) It shall not be in order in the Senate to consider any amendment to a reconciliation bill or
reconciliation resolution if such amendment would have the effect of decreasing any specific budget
outlay reductions below the level of such outlay reductions provided (for the fiscal years covered) in
the reconciliation instructions which relate to such bill or resolution set forth in a resolution
providing for reconciliation, or would have the effect of reducing Federal revenue increases below
the level of such revenue increases provided (for such fiscal years) in such instructions relating to
such bill or resolution, unless such amendment makes a reduction in other specific budget outlays, an
increase in other specific Federal revenues, or a combination thereof (for such fiscal years) at least
equivalent to any increase in outlays or decrease in revenues provided by such amendment, except
that a motion to strike a provision shall always be in order.
(3) Paragraphs (1) and (2) shall not apply if a declaration of war by the Congress is in effect.
(4) For purposes of this section, the levels of budget outlays and Federal revenues for a fiscal year
shall be determined on the basis of estimates made by the Committee on the Budget of the House of
Representatives or of the Senate, as the case may be.
(5) The Committee on Rules of the House of Representatives may make in order amendments to
achieve changes specified by reconciliation directives contained in a concurrent resolution on the
budget if a committee or committees of the House fail to submit recommended changes to its
Committee on the Budget pursuant to its instruction.
(e) Procedure in Senate
(1) Except as provided in paragraph (2), the provisions of section 636 of this title for the
consideration in the Senate of concurrent resolutions on the budget and conference reports thereon
shall also apply to the consideration in the Senate of reconciliation bills reported under subsection (b)
and conference reports thereon.
(2) Debate in the Senate on any reconciliation bill reported under subsection (b), and all
amendments thereto and debatable motions and appeals in connection therewith, shall be limited to
not more than 20 hours.
(f) Completion of reconciliation process
It shall not be in order in the House of Representatives to consider any resolution providing for an
adjournment period of more than three calendar days during the month of July until the House of
Representatives has completed action on the reconciliation legislation for the fiscal year beginning
on October 1 of the calendar year to which the adjournment resolution pertains, if reconciliation
legislation is required to be reported by the concurrent resolution on the budget for such fiscal year.
(g) Limitation on changes to Social Security Act
Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of
Representatives to consider any reconciliation bill or reconciliation resolution reported pursuant to a
concurrent resolution on the budget agreed to under section 632 or 635 of this title, or a joint
resolution pursuant to section 907d of this title, or any amendment thereto or conference report
thereon, that contains recommendations with respect to the old-age, survivors, and disability
insurance program established under title II of the Social Security Act [42 U.S.C. 401 et seq.].
(Pub. L. 93–344, title III, §310, July 12, 1974, 88 Stat. 315; Pub. L. 99–177, title II, §201(b), Dec.
12, 1985, 99 Stat. 1053; Pub. L. 101–508, title XIII, §§13112(a)(9), 13207(c), (d), 13210(2), Nov. 5,
1990, 104 Stat. 1388–608, 1388–618 to 1388–620; Pub. L. 105–33, title X, §10111, Aug. 5, 1997,
111 Stat. 685; Pub. L. 113–67, div. A, title I, §122(9), Dec. 26, 2013, 127 Stat. 1175.)
EDITORIAL NOTES
[Release Point 118-70]
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (g), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.
Title II of the Social Security Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title
42 and Tables.
CODIFICATION
Section was formerly classified to section 1331 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
AMENDMENTS
2013—Subsec. (c)(1)(A)(i). Pub. L. 113–67, which directed amendment of cl. (i) by substituting "under that
paragraph by more than—" for "under that paragraph by more than", was executed by making the substitution
for "under such paragraph by more than" to reflect the probable intent of Congress.
Subsec. (c)(1)(A)(ii). Pub. L. 113–67 substituted "under that paragraph by more than—" for "under that
paragraph by more than".
1997—Subsec. (c)(1)(A)(i). Pub. L. 105–33, §10111(1), substituted subcls. (I) and (II) for "20 percent of
the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of
such subsection, and".
Subsec. (c)(1)(A)(ii). Pub. L. 105–33, §10111(2), substituted subcls. (I) and (II) for "20 percent of the total
of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such
subsection; and".
1990—Subsec. (a)(4). Pub. L. 101–508, §13207(d), inserted before period at end "(including a direction to
achieve deficit reduction)".
Subsec. (c). Pub. L. 101–508, §13207(c), designated existing provisions as par. (1), redesignated former
par. (1) and subpars. (A) and (B) thereof as subpar. (A) and cls. (i) and (ii), respectively, redesignated former
par. (2) as subpar. (B) of par. (1), and added par. (2).
Subsec. (f). Pub. L. 101–508, §13210(2), struck out par. (1) heading "In general" and text which directed
Congress to complete action on any reconciliation bill or reconciliation resolution reported under subsec. (b)
of this section not later than June 15 of each year, and struck out the par. (2) designation and heading "Point of
order in the House of Representatives".
Subsec. (g). Pub. L. 101–508, §13112(a)(9), substituted "joint resolution pursuant" for "resolution pursuant"
and "section 907d of this title" for "section 904(b) of this title".
1985—Pub. L. 99–177 substituted "Reconciliation" for "Second required concurrent resolution and
reconciliation process" in section catchline.
Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, inserting provisions relating to new entitlement
authority and credit authority, and deleting provision that any such concurrent resolution could be reported,
and the report accompanying it could be filed, in either House notwithstanding that that House was not in
session on the day on which such concurrent resolution is reported.
Subsec. (b). Pub. L. 99–177 amended subsec. (b) generally, substituting provisions relating to legislative
procedure respecting concurrent resolutions with directives to committees to determine and recommend
changes in laws, etc., for provisions relating to completion of action on concurrent resolutions.
Subsec. (c). Pub. L. 99–177 amended subsec. (c) generally, substituting provisions relating to compliance
with reconciliation directives, for provisions relating to the reconciliation process.
Subsec. (d). Pub. L. 99–177 amended subsec. (d) generally, substituting provisions relating to limitations on
amendments to reconciliation bills and resolutions, for provisions relating to completion of the reconciliation
process.
Subsec. (e). Pub. L. 99–177 amended subsec. (e) generally, substituting references to subsec. (b) for
references to subsec. (c) wherever appearing, and deleting references to reconciliation resolutions.
Subsec. (f). Pub. L. 99–177 amended subsec. (f) generally, inserting provision that Congress complete
action on reconciliation bills or resolutions reported under subsec. (b) not later than June 15 of each year and
revising provisions relating to adjournment periods of the House of Representatives with respect to
completion of action on fiscal year reconciliation legislation.
Subsec. (g). Pub. L. 99–177, in amending section generally, added subsec. (g).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1985 AMENDMENT
[Release Point 118-70]
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years
beginning after Sept. 30, 1985, except that such amendment, insofar as it relates to subsecs. (c), (d), and (g) of
this section, to become effective Apr. 15, 1986, see section 275(a)(1), (2)(A) of Pub. L. 99–177, formerly set
out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L.
112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246. | §641. Reconciliation | 1974-07-12T00:00:00 | ebc5295ccb37031331f64fdad540aaa100367ed4c0d8f2c80efdfb74052a943f |
US House of Representatives | 2, 17, §642 | (a) Enforcement of budget aggregates
(1) In House of Representatives
Except as provided by subsection (c), after the Congress has completed action on a concurrent
resolution on the budget for a fiscal year, it shall not be in order in the House of Representatives to
consider any bill, joint resolution, amendment, motion, or conference report providing new budget
authority or reducing revenues, if—
(A) the enactment of that bill or resolution as reported;
(B) the adoption and enactment of that amendment; or
(C) the enactment of that bill or resolution in the form recommended in that conference
report;
would cause the level of total new budget authority or total outlays set forth in the applicable
concurrent resolution on the budget for the first fiscal year to be exceeded, or would cause
revenues to be less than the level of total revenues set forth in that concurrent resolution for the
first fiscal year or for the total of that first fiscal year and the ensuing fiscal years for which
allocations are provided under section 633(a) of this title, except when a declaration of war by the
Congress is in effect.
(2) In Senate
After a concurrent resolution on the budget is agreed to, it shall not be in order in the Senate to
consider any bill, joint resolution, amendment, motion, or conference report that—
(A) would cause the level of total new budget authority or total outlays set forth for the first
fiscal year in the applicable resolution to be exceeded; or
(B) would cause revenues to be less than the level of total revenues set forth for that first
fiscal year or for the total of that first fiscal year and the ensuing fiscal years in the applicable
resolution for which allocations are provided under section 633(a) of this title.
(3) Enforcement of social security levels in Senate
After a concurrent resolution on the budget is agreed to, it shall not be in order in the Senate to
consider any bill, joint resolution, amendment, motion, or conference report that would cause a
decrease in social security surpluses or an increase in social security deficits relative to the levels
set forth in the applicable resolution for the first fiscal year or for the total of that fiscal year and
the ensuing fiscal years for which allocations are provided under section 633(a) of this title.
(b) Social security levels
(1) In general
For purposes of subsection (a)(3), social security surpluses equal the excess of social security
revenues over social security outlays in a fiscal year or years with such an excess and social
security deficits equal the excess of social security outlays over social security revenues in a fiscal
year or years with such an excess.
(2) Tax treatment
For purposes of subsection (a)(3), no provision of any legislation involving a change in chapter
1 of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] shall be treated as affecting the
amount of social security revenues or outlays unless that provision changes the income tax
treatment of social security benefits.
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(c) Exception in House of Representatives
Subsection (a)(1) shall not apply in the House of Representatives to any bill, joint resolution, or
amendment that provides new budget authority for a fiscal year or to any conference report on any
such bill or resolution, if—
(1) the enactment of that bill or resolution as reported;
(2) the adoption and enactment of that amendment; or
(3) the enactment of that bill or resolution in the form recommended in that conference report;
would not cause the appropriate allocation of new budget authority made pursuant to section
633(a) of this title for that fiscal year to be exceeded.
(Pub. L. 93–344, title III, §311, July 12, 1974, 88 Stat. 316; Pub. L. 99–177, title II, §201(b), Dec.
12, 1985, 99 Stat. 1055; Pub. L. 100–119, title I, §106(e)(1), Sept. 29, 1987, 101 Stat. 781; Pub. L.
101–508, title XIII, §§13112(a)(10), 13207(a)(1)(E), 13303(d), Nov. 5, 1990, 104 Stat. 1388–608,
1388–617, 1388–626; Pub. L. 105–33, title X, §10112(a), Aug. 5, 1997, 111 Stat. 686.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Internal Revenue Code of 1986, referred to in subsec. (b)(2), is classified generally to Title 26, Internal
Revenue Code.
CODIFICATION
Section was formerly classified to section 1332 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
AMENDMENTS
1997—Pub. L. 105–33 amended section catchline and text generally. Prior to amendment, section provided
that new budget authority, new spending authority, and revenue legislation had to be within appropriate levels.
1990—Subsec. (a). Pub. L. 101–508, §13303(d), designated existing provisions as par. (1), redesignated
former pars. (1) to (3) thereof as subpars. (A) to (C), respectively, and added par. (2).
Pub. L. 101–508, §13207(a)(1)(E), substituted "bill, joint resolution, amendment, motion, or conference
report" for "bill, resolution, or amendment" and struck out "or any conference report on any such bill or
resolution" after "reducing revenues for such fiscal year,".
Pub. L. 101–508, §13112(a)(10), in closing provisions, substituted "except in the case that a declaration of
war by the Congress is in effect" for "or, in the Senate, would otherwise result in a deficit for such fiscal year
that—
"(A) for fiscal year 1989 or any subsequent fiscal year, exceeds the maximum deficit amount specified
for such fiscal year in section 622(7) of this title; and
"(B) for fiscal year 1988 or 1989, exceeds the amount of the estimated deficit for such fiscal year
based on laws and regulations in effect on January 1 of the calendar year in which such fiscal year begins as
measured using the budget baseline specified in section 901(a)(6) of this title minus $23,000,000,000 for
fiscal year 1988 or $36,000,000,000 for fiscal year 1989;
except to the extent that paragraph (1) of section 632(i) of this title or section 635(b) of this title, as the case
may be, does not apply by reason of paragraph (2) of such subsection."
1987—Subsec. (a). Pub. L. 100–119 substituted "would otherwise result in a deficit for such fiscal year
that—
"(A) for fiscal year 1989 or any subsequent fiscal year, exceeds the maximum deficit amount specified
for such fiscal year in section 622(7) of this title; and
"(B) for fiscal year 1988 or 1989, exceeds the amount of the estimated deficit for such fiscal year
based on laws and regulations in effect on January 1 of the calendar year in which such fiscal year begins as
measured using the budget baseline specified in section 901(a)(6) of this title minus $23,000,000,000 for
fiscal year 1988 or $36,000,000,000 for fiscal year 1989;
except to the extent that paragraph (1) of section 632(i) of this title or section 635(b) of this title, as the case
may be, does not apply by reason of paragraph (2) of such subsection" for "would otherwise result in a deficit
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for such fiscal year that exceeds the maximum deficit amount specified for such fiscal year in section 622(7)
of this title (except to the extent that paragraph (1) of section 632(i) of this title or section 635(b) of this title,
as the case may be, does not apply by reason of paragraph (2) of such subsection)".
1985—Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, striking out references to sections 641
and 651 of this title, and inserting provisions relating to nonconsideration in Senate of any bill, resolution, etc.,
resulting in a fiscal year deficit exceeding maximum deficit amount specified in section 622(7) of this title,
with certain exceptions.
Subsec. (b). Pub. L. 99–177 amended subsec. (b) generally, substituting provisions setting forth exceptions
in the House of Representatives for certain bills, etc., under subsec. (a) of this section, for provisions relating
to determination of outlays and revenues.
Subsec. (c). Pub. L. 99–177, in amending section generally, added subsec. (c).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 13303(d) of Pub. L. 101–508 applicable with respect to fiscal years beginning on or
after Oct. 1, 1990, see section 13306 of Pub. L. 101–508, set out as a note under section 632 of this title.
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years
beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and
Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug.
2, 2011, 125 Stat. 246. | §642. Budget-related legislation must be within appropriate levels | 1974-07-12T00:00:00 | 554eb5329f3b4eb857b269639b1acbc64ecd44a8c9390bb1f291df846c9ffe9f |
US House of Representatives | 2, 17, §643 | (a) Budget Committee determinations
For purposes of this subchapter and subchapter II, the levels of new budget authority, outlays,
direct spending, new entitlement authority, and revenues for a fiscal year shall be determined on the
basis of estimates made by the Committee on the Budget of the House of Representatives or the
Senate, as applicable.
(b) Discretionary spending point of order in Senate
(1) In general
Except as otherwise provided in this subsection, it shall not be in order in the Senate to consider
any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that
would exceed any of the discretionary spending limits in section 251(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(c)].
(2) Exceptions
This subsection shall not apply if a declaration of war by the Congress is in effect or if a joint
resolution pursuant to section 258 of the Balanced Budget and Emergency Deficit Control Act of
1985 [2 U.S.C. 907a] has been enacted.
(c) Maximum deficit amount point of order in Senate
It shall not be in order in the Senate to consider any concurrent resolution on the budget for a
fiscal year, or to consider any amendment to that concurrent resolution, or to consider a conference
report on that concurrent resolution, if—
(1) the level of total outlays for the first fiscal year set forth in that concurrent resolution or
conference report exceeds; or
(2) the adoption of that amendment would result in a level of total outlays for that fiscal year
that exceeds;
the recommended level of Federal revenues for that fiscal year, by an amount that is greater than
the maximum deficit amount, if any, specified in the Balanced Budget and Emergency Deficit
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Control Act of 1985 for that fiscal year.
(d) Timing of points of order in Senate
A point of order under this Act may not be raised against a bill, resolution, amendment, motion, or
conference report while an amendment or motion, the adoption of which would remedy the violation
of this Act, is pending before the Senate.
(e) Points of order in Senate against amendments between Houses
Each provision of this Act that establishes a point of order against an amendment also establishes
a point of order in the Senate against an amendment between the Houses. If a point of order under
this Act is raised in the Senate against an amendment between the Houses and the point of order is
sustained, the effect shall be the same as if the Senate had disagreed to the amendment.
(f) Effect of point of order in Senate
In the Senate, if a point of order under this Act against a bill or resolution is sustained, the
Presiding Officer shall then recommit the bill or resolution to the committee of appropriate
jurisdiction for further consideration.
(Pub. L. 93–344, title III, §312, as added Pub. L. 101–508, title XIII, §13207(b)(1), Nov. 5, 1990,
104 Stat. 1388–618; amended Pub. L. 105–33, title X, §10113(a), Aug. 5, 1997, 111 Stat. 687.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (c), is title II of
Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§900 et seq.) and sections 654 to 656
of this title, amended sections 602, 622, 631 to 642, and 651 to 653 of this title, sections 1104 to 1106 and
1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed
section 661 of this title, enacted provisions set out as notes under section 900 of this title and section 911 of
Title 42, and amended provisions set out as a note under section 621 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 900 of this title and Tables.
This Act, referred to in subsecs. (d) to (f), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the
Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A, and 17B and
section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance,
amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1,
General Provisions, and sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title
31 and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621,
632, and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete
classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
AMENDMENTS
1997—Pub. L. 105–33 amended section catchline and text generally. Prior to amendment, section consisted
of subsecs. (a) and (b) and provided that each provision of this Act that established point of order against an
amendment also established point of order in Senate against an amendment between Houses and prescribed
effect of sustaining point of order against an amendment or bill under this Act. | §643. Determinations and points of order | 1974-07-12T00:00:00 | 0c5f678967d0c2508b8ae34cb29f4e682581acf2afce33e76c80c6ca69f31d51 |
US House of Representatives | 2, 17, §644 | (a) In general
When the Senate is considering a reconciliation bill or a reconciliation resolution pursuant to
section 641 of this title (whether that bill or resolution originated in the Senate or the House) or
section 907d of this title, upon a point of order being made by any Senator against material
extraneous to the instructions to a committee which is contained in any title or provision of the bill or
resolution or offered as an amendment to the bill or resolution, and the point of order is sustained by
[Release Point 118-70]
the Chair, any part of said title or provision that contains material extraneous to the instructions to
said Committee as defined in subsection (b) shall be deemed stricken from the bill and may not be
offered as an amendment from the floor.
(b) Extraneous provisions
(1)(A) Except as provided in paragraph (2), a provision of a reconciliation bill or reconciliation
resolution considered pursuant to section 641 of this title shall be considered extraneous if such
provision does not produce a change in outlays or revenues, including changes in outlays and
revenues brought about by changes in the terms and conditions under which outlays are made or
revenues are required to be collected (but a provision in which outlay decreases or revenue increases
exactly offset outlay increases or revenue decreases shall not be considered extraneous by virtue of
this subparagraph); (B) any provision producing an increase in outlays or decrease in revenues shall
be considered extraneous if the net effect of provisions reported by the committee reporting the title
containing the provision is that the committee fails to achieve its reconciliation instructions; (C) a
provision that is not in the jurisdiction of the committee with jurisdiction over said title or provision
shall be considered extraneous; (D) a provision shall be considered extraneous if it produces changes
in outlays or revenues which are merely incidental to the non-budgetary components of the
provision; (E) a provision shall be considered to be extraneous if it increases, or would increase, net
outlays, or if it decreases, or would decrease, revenues during a fiscal year after the fiscal years
covered by such reconciliation bill or reconciliation resolution, and such increases or decreases are
greater than outlay reductions or revenue increases resulting from other provisions in such title in
such year; and (F) a provision shall be considered extraneous if it violates section 641(g) of this title.
(2) A Senate-originated provision shall not be considered extraneous under paragraph (1)(A) if the
Chairman and Ranking Minority Member of the Committee on the Budget and the Chairman and
Ranking Minority Member of the Committee which reported the provision certify that: (A) the
provision mitigates direct effects clearly attributable to a provision changing outlays or revenues and
both provisions together produce a net reduction in the deficit; (B) the provision will result in a
substantial reduction in outlays or a substantial increase in revenues during fiscal years after the
fiscal years covered by the reconciliation bill or reconciliation resolution; (C) a reduction of outlays
or an increase in revenues is likely to occur as a result of the provision, in the event of new
regulations authorized by the provision or likely to be proposed, court rulings on pending litigation,
or relationships between economic indices and stipulated statutory triggers pertaining to the
provision, other than the regulations, court rulings or relationships currently projected by the
Congressional Budget Office for scorekeeping purposes; or (D) such provision will be likely to
produce a significant reduction in outlays or increase in revenues but, due to insufficient data, such
reduction or increase cannot be reliably estimated.
(3) A provision reported by a committee shall not be considered extraneous under paragraph
(1)(C) if (A) the provision is an integral part of a provision or title, which if introduced as a bill or
resolution would be referred to such committee, and the provision sets forth the procedure to carry
out or implement the substantive provisions that were reported and which fall within the jurisdiction
of such committee; or (B) the provision states an exception to, or a special application of, the general
provision or title of which it is a part and such general provision or title if introduced as a bill or
resolution would be referred to such committee.
(c) Extraneous materials
Upon the reporting or discharge of a reconciliation bill or resolution pursuant to section 641 of this
title in the Senate, and again upon the submission of a conference report on such a reconciliation bill
or resolution, the Committee on the Budget of the Senate shall submit for the record a list of material
considered to be extraneous under subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this section to
the instructions of a committee as provided in this section. The inclusion or exclusion of a provision
shall not constitute a determination of extraneousness by the Presiding Officer of the Senate.
(d) Conference reports
When the Senate is considering a conference report on, or an amendment between the Houses in
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relation to, a reconciliation bill or reconciliation resolution pursuant to section 641 of this title,
upon—
(1) a point of order being made by any Senator against extraneous material meeting the
definition of subsections (b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F), and
(2) such point of order being sustained,
such material contained in such conference report or amendment shall be deemed stricken, and the
Senate shall proceed, without intervening action or motion, to consider the question of whether the
Senate shall recede from its amendment and concur with a further amendment, or concur in the
House amendment with a further amendment, as the case may be, which further amendment shall
consist of only that portion of the conference report or House amendment, as the case may be, not so
stricken. Any such motion in the Senate shall be debatable for two hours. In any case in which such
point of order is sustained against a conference report (or Senate amendment derived from such
conference report by operation of this subsection), no further amendment shall be in order.
(e) General point of order
Notwithstanding any other law or rule of the Senate, it shall be in order for a Senator to raise a
single point of order that several provisions of a bill, resolution, amendment, motion, or conference
report violate this section. The Presiding Officer may sustain the point of order as to some or all of
the provisions against which the Senator raised the point of order. If the Presiding Officer so sustains
the point of order as to some of the provisions (including provisions of an amendment, motion, or
conference report) against which the Senator raised the point of order, then only those provisions
(including provisions of an amendment, motion, or conference report) against which the Presiding
Officer sustains the point of order shall be deemed stricken pursuant to this section. Before the
Presiding Officer rules on such a point of order, any Senator may move to waive such a point of
order as it applies to some or all of the provisions against which the point of order was raised. Such a
motion to waive is amendable in accordance with the rules and precedents of the Senate. After the
Presiding Officer rules on such a point of order, any Senator may appeal the ruling of the Presiding
Officer on such a point of order as it applies to some or all of the provisions on which the Presiding
Officer ruled.
(Pub. L. 93–344, title III, §313, formerly Pub. L. 99–272, title XX, §20001, Apr. 7, 1986, 100 Stat.
390, as amended Pub. L. 99–509, title VII, §7006, Oct. 21, 1986, 100 Stat. 1949; Pub. L. 100–119,
title II, §205(a), (b), Sept. 29, 1987, 101 Stat. 784; renumbered §313 of Pub. L. 93–344 and amended
Pub. L. 101–508, title XIII, §13214(a)–(b)(4), Nov. 5, 1990, 104 Stat. 1388–621, 1388–622; Pub. L.
105–33, title X, §10113(b)(1), Aug. 5, 1997, 111 Stat. 688.)
EDITORIAL NOTES
CODIFICATION
Prior to redesignation by Pub. L. 101–508, this section was section 20001 of Pub. L. 99–272, which was not
classified to the Code, and subsec. (c) (now (d)) of this section (relating to point of order) was subsec. (a) of
the first section of Senate Resolution No. 286, Ninety-ninth Congress, Dec. 19, 1985.
AMENDMENTS
1997—Subsec. (c). Pub. L. 105–33, §10113(b)(1)(A), redesignated subsec. (c), relating to point of order, as
(d).
Subsec. (d). Pub. L. 105–33, §10113(b)(1)(A), redesignated subsec. (c), relating to point of order, as (d) and
inserted heading. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 105–33, §10113(b)(1)(B), redesignated subsec. (d) as (e) and struck out heading and
text of former subsec. (e). Text read as follows: "For purposes of this section, the levels of new budget
authority, budget outlays, new entitlement authority, and revenues for a fiscal year shall be determined on the
basis of estimates made by the Committee on the Budget of the Senate."
1990—Pub. L. 101–508, §13214(b)(2)(A), inserted "Extraneous matter in reconciliation legislation" as
section catchline.
Pub. L. 101–508, §13214(b)(1), redesignated section 20001 of Pub. L. 99–272 as this section.
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Subsec. (a). Pub. L. 101–508, §13214(a)(1)(A), inserted heading "In general".
Pub. L. 101–508, §13214(b)(4)(B), substituted "subsection (b)" for "subsection (d)".
Pub. L. 101–508, §13214(b)(4)(A), made technical amendment to reference to section 641 of this title to
reflect change in reference to corresponding section of original act.
Pub. L. 101–508, §13214(b)(2)(B), struck out at end "An affirmative vote of three-fifths of the Members,
duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order
raised under this section, as well as to waive or suspend the provisions of this subsection."
Pub. L. 101–508, §13214(a)(1)(B), inserted "(whether that bill or resolution originated in the Senate or the
House) or section 907d of this title" after "section 641 of this title".
Subsec. (b). Pub. L. 101–508, §13214(b)(2)(B), (C), redesignated subsec. (d) as (b) and struck out former
subsec. (b) which provided that no motion to waive or suspend the requirement of section 636(b)(2) of this
title, as it related to germaneness with respect to a reconciliation bill or resolution, could be agreed to unless
supported by an affirmative vote of three-fifths of the Members, duly chosen and sworn, which super-majority
was to be required to successfully appeal the ruling of the Chair on a point of order raised under that section,
as well as to waive or suspend the provisions of this subsection.
Pub. L. 101–508, §13214(a)(2), inserted heading "Extraneous provisions".
Subsec. (b)(1)(A). Pub. L. 101–508, §13214(b)(4)(A), made technical amendment to reference to section
641 of this title to reflect change in reference to corresponding section of original act.
Pub. L. 101–508, §13214(a)(3), inserted before semicolon "(but a provision in which outlay decreases or
revenue increases exactly offset outlay increases or revenue decreases shall not be considered extraneous by
virtue of this subparagraph)".
Subsec. (b)(1)(F). Pub. L. 101–508, §13214(a)(4)–(6), added subpar. (F).
Subsec. (b)(2). Pub. L. 101–508, §13214(a)(7), substituted "A Senate-originated provision" for "A
provision".
Subsec. (b)(2)(C). Pub. L. 101–508, §13214(b)(4)(C), inserted "or" after "scorekeeping purposes;".
Subsec. (c). Pub. L. 101–508, §13214(b)(4)(F), which directed the substitution of "this subsection" for "this
resolution" in par. (2), was executed to last sentence of subsec. (c) as the probable intent of Congress.
Pub. L. 101–508, §13214(b)(4)(E), substituted "(b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F)" for
"(d)(1)(A) or (d)(1)(D) of section 20001 of the Consolidated Omnibus Budget Reconciliation Act of 1985".
Pub. L. 101–508, §13214(b)(4)(D), substituted "When" for "when".
Pub. L. 101–508, §13214(b)(4)(A), made technical amendment to reference to section 641 of this title to
reflect change in reference to corresponding section of original act.
Pub. L. 101–508, §13214(b)(3), redesignated as subsec. (c), relating to point of order, subsec. (a) of the first
section of Senate Resolution No. 286, Ninety-ninth Congress, Dec. 19, 1985, as amended by Senate
Resolution No. 509, Ninety-ninth Congress, Oct. 16, 1986.
Pub. L. 101–508, §13214(b)(2)(C), redesignated subsec. (e), relating to extraneous materials, as (c).
Pub. L. 101–508, §13214(b)(2)(B), struck out subsec. (c) which provided for effective and termination
dates of this section.
Subsec. (d). Pub. L. 101–508, §13214(b)(2)(C), redesignated subsec. (f) as (d). Former subsec. (d)
redesignated (b).
Subsecs. (e) to (g). Pub. L. 101–508, §13214(a)(8), (b)(2)(C), added subsecs. (e) to (g) and redesignated
them as subsecs. (c) to (e), respectively.
1987—Subsec. (c). Pub. L. 100–119, §205(a), substituted "September 30, 1992" for "January 2, 1988".
Subsec. (d)(1)(E). Pub. L. 100–119, §205(b), which directed that cl. (E) be added to subsec. (d)(1)(A), was
executed to subsec. (d)(1), as the probable intent of Congress.
1986—Subsec. (c). Pub. L. 99–509, §7006(b), substituted "January 2, 1988" for "January 2, 1987".
Pub. L. 99–509, §7006(c), substituted "section 20001" for "section 1201" in Senate Resolution No. 286,
Ninety-ninth Congress, Dec. 19, 1985. See 1990 Amendment note above.
Subsec. (d)(2). Pub. L. 99–509, §7006(a)(1), substituted "paragraph (1)(A) if the Chairman and Ranking
Minority Member of the Committee on the Budget and the Chairman and Ranking Minority Member of the
Committee which reported the provision certify that" for "(1)(A) above if" in introductory provisions.
Subsec. (d)(2)(A). Pub. L. 99–509, §7006(a)(2), substituted "the provision mitigates" for "it is designed to
mitigate the".
Subsec. (d)(2)(B). Pub. L. 99–509, §7006(a)(3), substituted "the provision" for "it".
Subsec. (d)(3). Pub. L. 99–509, §7006(a)(4), added par. (3).
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US House of Representatives | 2, 17, §645 | (a) Adjustments
After the reporting of a bill or joint resolution or the offering of an amendment thereto or the
submission of a conference report thereon, the chairman of the Committee on the Budget of the
House of Representatives or the Senate may make appropriate budgetary adjustments of new budget
authority and the outlays flowing therefrom in the same amount as required by section 901(b) of this
title.
(b) Application of adjustments
The adjustments made pursuant to subsection (a) for legislation shall—
(1) apply while that legislation is under consideration;
(2) take effect upon the enactment of that legislation; and
(3) be published in the Congressional Record as soon as practicable.
(c) Reporting revised suballocations
Following any adjustment made under subsection (a), the Committees on Appropriations of the
Senate and the House of Representatives may report appropriately revised suballocations under
section 633(b) of this title to carry out this section.
(d) Emergencies in the House of Representatives
(1) In the House of Representatives, if a reported bill or joint resolution, or amendment thereto or
conference report thereon, contains a provision providing new budget authority and outlays or
reducing revenue, and a designation of such provision as an emergency requirement pursuant to
901(b)(2)(A) of this title, the chair of the Committee on the Budget of the House of Representatives
1
shall not count the budgetary effects of such provision for purposes of this subchapter and subchapter
II and the Rules of the House of Representatives.
(2)(A) In the House of Representatives, a proposal to strike a designation under paragraph (1)
shall be excluded from an evaluation of budgetary effects for purposes of this subchapter and
subchapter II and the Rules of the House of Representatives.
(B) An amendment offered under subparagraph (A) that also proposes to reduce each amount
appropriated or otherwise made available by the pending measure that is not required to be
appropriated or otherwise made available shall be in order at any point in the reading of the pending
measure.
(e) Senate point of order against an emergency designation
(1) In general
When the Senate is considering a bill, resolution, amendment, motion, amendment between the
Houses, or conference report, if a point of order is made by a Senator against an emergency
designation in that measure, that provision making such a designation shall be stricken from the
measure and may not be offered as an amendment from the floor.
(2) Supermajority waiver and appeals
(A) Waiver
Paragraph (1) may be waived or suspended in the Senate only by an affirmative vote of
three-fifths of the Members, duly chosen and sworn.
(B) Appeals
Appeals in the Senate from the decisions of the Chair relating to any provision of this
subsection shall be limited to 1 hour, to be equally divided between, and controlled by, the
appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote
of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain
an appeal of the ruling of the Chair on a point of order raised under this subsection.
(3) Definition of an emergency designation
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For purposes of paragraph (1), a provision shall be considered an emergency designation if it
designates any item pursuant to section 901(b)(2)(A)(i) of this title.
(4) Form of the point of order
A point of order under paragraph (1) may be raised by a Senator as provided in section 644(e)
of this title.
(5) Conference reports
When the Senate is considering a conference report on, or an amendment between the Houses in
relation to, a bill, upon a point of order being made by any Senator pursuant to this section, and
such point of order being sustained, such material contained in such conference report shall be
deemed stricken, and the Senate shall proceed to consider the question of whether the Senate shall
recede from its amendment and concur with a further amendment, or concur in the House
amendment with a further amendment, as the case may be, which further amendment shall consist
of only that portion of the conference report or House amendment, as the case may be, not so
stricken. Any such motion in the Senate shall be debatable. In any case in which such point of
order is sustained against a conference report (or Senate amendment derived from such conference
report by operation of this subsection), no further amendment shall be in order.
(f) Enforcement of discretionary spending caps
It shall not be in order in the House of Representatives or the Senate to consider any bill, joint
resolution, amendment, motion, or conference report that would cause the discretionary spending
limits as set forth in section 901 of this title to be exceeded.
(g) Adjustment for reemployment services and eligibility assessments
(1) In general
(A) Adjustments
If the Committee on Appropriations of either House reports an appropriation measure for any
of fiscal years 2022 through 2027 that provides budget authority for grants under section 506 of
title 42, or if a conference committee submits a conference report thereon, the chairman of the
Committee on the Budget of the House of Representatives or the Senate shall make the
adjustments referred to in subparagraph (B) to reflect the additional new budget authority
provided for such grants in that measure or conference report and the outlays resulting
therefrom, consistent with subparagraph (D).
(B) Types of adjustments
The adjustments referred to in this subparagraph consist of adjustments to—
(i) the discretionary spending limits for that fiscal year as set forth in the most recently
adopted concurrent resolution on the budget;
(ii) the allocations to the Committees on Appropriations of the Senate and the House of
Representatives for that fiscal year under section 633(a) of this title; and
(iii) the appropriate budget aggregates for that fiscal year in the most recently adopted
concurrent resolution on the budget.
(C) Enforcement
The adjusted discretionary spending limits, allocations, and aggregates under this paragraph
shall be considered the appropriate limits, allocations, and aggregates for purposes of
congressional enforcement of this Act and concurrent budget resolutions under this Act.
(D) Limitation
No adjustment may be made under this subsection in excess of—
(i) for fiscal year 2022, $133,000,000;
(ii) for fiscal year 2023, $258,000,000;
(iii) for fiscal year 2024, $433,000,000;
(iv) for fiscal year 2025, $533,000,000;
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(v) for fiscal year 2026, $608,000,000; and
(vi) for fiscal year 2027, $633,000,000.
(E) Definition
As used in this subsection, the term "additional new budget authority" means the amount
provided for a fiscal year, in excess of $117,000,000, in an appropriation measure or conference
report (as the case may be) and specified to pay for grants to States under section 506 of title 42.
(2) Report on 633(b) level
Following any adjustment made under paragraph (1), the Committees on Appropriations of the
Senate and the House of Representatives may report appropriately revised suballocations pursuant
to section 633(b) of this title to carry out this subsection.
(Pub. L. 93–344, title III, §314, as added Pub. L. 105–33, title X, §10114(a), Aug. 5, 1997, 111 Stat.
688; amended Pub. L. 105–89, title II, §201(b)(2), Nov. 19, 1997, 111 Stat. 2125; Pub. L. 112–25,
title I, §105(a), Aug. 2, 2011, 125 Stat. 246; Pub. L. 112–78, title V, §511, Dec. 23, 2011, 125 Stat.
1291; Pub. L. 113–67, div. A, title I, §122(10), Dec. 26, 2013, 127 Stat. 1176; Pub. L. 115–123, div.
C, title II, §30206(d), Feb. 9, 2018, 132 Stat. 131.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (g)(1)(C), is Pub. L. 115–123, Feb. 9, 2018, 132 Stat. 64, known as the
Bipartisan Budget Act of 2018. For complete classification of this Act to the Code, see Short Title of 2018
Amendment note set out under section 1305 of Title 42, The Public Health and Welfare, and Tables.
AMENDMENTS
2018—Subsec. (g). Pub. L. 115–123 added subsec. (g).
2013—Subsec. (d)(2). Pub. L. 113–67 redesignated subpar. (B) as (A) and substituted "under paragraph
(1)" for "under subparagraph (A)", redesignated subpar. (C) as (B) and substituted "under subparagraph (A)"
for "under subparagraph (B)", and struck out former subpar. (A) which read as follows: "In the House of
Representatives, if a reported bill or joint resolution, or amendment thereto or conference report thereon,
contains a provision providing new budget authority and outlays or reducing revenue, and a designation of
such provision as an emergency pursuant to paragraph (1), the chair of the Committee on the Budget shall not
count the budgetary effects of such provision for purposes of this subchapter and subchapter II and the Rules
of the House of Representatives."
2011—Subsec. (a). Pub. L. 112–25, §105(a)(1), added subsec. (a) and struck out former subsec. (a) which
related to general adjustment provisions and described the matters to be adjusted.
Subsecs. (b) to (d). Pub. L. 112–25, §105(a)(2), (3), added subsec. (d), redesignated former subsecs. (c) and
(d) as (b) and (c), respectively, and struck out former subsec. (b) which related to amounts of adjustments.
Subsec. (e). Pub. L. 112–78, §511(2), added subsec. (e). Former subsec. (e) redesignated (f).
Pub. L. 112–25, §105(a)(2), (3), added subsec. (e) and struck out former subsec. (e) which defined
"continuing disability reviews" and "new budget authority" as used in former subsec. (b)(2).
Subsec. (f). Pub. L. 112–78, §511(1), redesignated subsec. (e) as (f).
1997—Subsec. (b)(6). Pub. L. 105–89 added par. (6).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–89 effective Nov. 19, 1997, except as otherwise provided, with delay permitted
if State legislation is required, see section 501 of Pub. L. 105–89, set out as a note under section 622 of Title
42, The Public Health and Welfare.
So in original. Probably should be preceded by the word "section".
1
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US House of Representatives | 2, 17, §651 | (a) Controls on certain budget-related legislation not subject to appropriations
It shall not be in order in either the House of Representatives or the Senate to consider any bill or
joint resolution (in the House of Representatives only, as reported), amendment, motion, or
conference report that provides—
(1) new authority to enter into contracts under which the United States is obligated to make
outlays;
(2) new authority to incur indebtedness (other than indebtedness incurred under chapter 31 of
title 31) for the repayment of which the United States is liable; or
(3) new credit authority;
unless that bill, joint resolution, amendment, motion, or conference report also provides that the
new authority is to be effective for any fiscal year only to the extent or in the amounts provided in
advance in appropriation Acts.
(b) Legislation providing new entitlement authority
(1)
.—It shall not be in order in either the House of Representatives or the
POINT OF ORDER
Senate to consider any bill or joint resolution (in the House of Representatives only, as reported),
amendment, motion, or conference report that provides new entitlement authority that is to become
effective during the current fiscal year.
(2) If any committee of the House of Representatives or the Senate reports any bill or resolution
which provides new entitlement authority which is to become effective during a fiscal year and the
amount of new budget authority which will be required for such fiscal year if such bill or resolution
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is enacted as so reported exceeds the appropriate allocation of new budget authority reported under
section 633(a) of this title in connection with the most recently agreed to concurrent resolution on the
budget for such fiscal year, such bill or resolution shall then be referred to the Committee on
Appropriations of the Senate or may then be referred to the Committee on Appropriations of the
House, as the case may be, with instructions to report it, with the committee's recommendations,
within 15 calendar days (not counting any day on which that House is not in session) beginning with
the day following the day on which it is so referred. If the Committee on Appropriations of either
House fails to report a bill or resolution referred to it under this paragraph within such 15-day period,
the committee shall automatically be discharged from further consideration of such bill or resolution
and such bill or resolution shall be placed on the appropriate calendar.
(3) The Committee on Appropriations of each House shall have jurisdiction to report any bill or
resolution referred to it under paragraph (2) with an amendment which limits the total amount of new
spending authority provided in such bill or resolution.
(c) Exceptions
(1) Subsections (a) and (b) shall not apply to new authority described in those subsections if
outlays from that new authority will flow—
(A) from a trust fund established by the Social Security Act (as in effect on July 12, 1974) [42
U.S.C. 301 et seq.]; or
(B) from any other trust fund, 90 percent or more of the receipts of which consist or will consist
of amounts (transferred from the general fund of the Treasury) equivalent to amounts of taxes
(related to the purposes for which such outlays are or will be made) received in the Treasury under
specified provisions of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.].
(2) Subsections (a) and (b) shall not apply to new authority described in those subsections to the
extent that—
(A) the outlays resulting therefrom are made by an organization which is (i) a mixed-ownership
Government corporation (as defined in section 9101(2) of title 31), or (ii) a wholly owned
Government corporation (as defined in section 9101(3) of title 31) which is specifically exempted
by law from compliance with any or all of the provisions of chapter 91 of title 31, as of December
12, 1985; or
(B) the outlays resulting therefrom consist exclusively of the proceeds of gifts or bequests made
to the United States for a specific purpose.
(3) In the House of Representatives, subsections (a) and (b) shall not apply to new authority
described in those subsections to the extent that a provision in a bill or joint resolution, or an
amendment thereto or a conference report thereon, establishes prospectively for a Federal office or
position a specified or minimum level of compensation to be funded by annual discretionary
appropriations.
(Pub. L. 93–344, title IV, §401, July 12, 1974, 88 Stat. 317; Pub. L. 99–177, title II, §211, Dec. 12,
1985, 99 Stat. 1056; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101–508, title XIII, | §651. Budget-related legislation not subject to appropriations | 1974-07-12T00:00:00 | 4f6dfb78853a63d5d9449ddff7ecb23ac8dbb3a94021db265149e89f00cf805d |
US House of Representatives | 2, 17, §653 | The Director of the Congressional Budget Office shall, to the extent practicable, prepare for each
bill or resolution of a public character reported by any committee of the House of Representatives or
the Senate (except the Committee on Appropriations of each House), and submit to such
committee—
(1) an estimate of the costs which would be incurred in carrying out such bill or resolution in
the fiscal year in which it is to become effective and in each of the 4 fiscal years following such
fiscal year, together with the basis for each such estimate;
(2) a comparison of the estimates of costs described in paragraph (1) with any available
estimates of costs made by such committee or by any Federal agency; and
(3) a description of each method for establishing a Federal financial commitment contained in
such bill or resolution.
The estimates, comparison, and description so submitted shall be included in the report
accompanying such bill or resolution if timely submitted to such committee before such report is
filed.
(Pub. L. 93–344, title IV, §402, formerly §403, July 12, 1974, 88 Stat. 320; Pub. L. 97–108, §2(a),
Dec. 23, 1981, 95 Stat. 1510; Pub. L. 99–177, title II, §213, Dec. 12, 1985, 99 Stat. 1059; Pub. L.
104–4, title I, §104, Mar. 22, 1995, 109 Stat. 62; renumbered §402, Pub. L. 105–33, title X, | §653. Analysis by Congressional Budget Office | 1974-07-12T00:00:00 | 7dff1f23a1f8f56785fcec521456f925da127b611dbf931757ba0dd1d1fafc39 |
US House of Representatives | 2, 17, §654 | commitment not reviewed annually by Congress
The Government Accountability Office shall study those provisions of law which provide
mandatory spending and report to the Congress its recommendations for the appropriate form of
financing for activities or programs financed by such provisions not later than eighteen months after
December 12, 1985. Such report shall be revised from time to time.
(Pub. L. 93–344, title IV, §404, formerly §405, as added Pub. L. 99–177, title II, §214, Dec. 12,
1985, 99 Stat. 1059; renumbered §404 and amended Pub. L. 105–33, title X, §10116(c)(1), (2), Aug.
5, 1997, 111 Stat. 692; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 404 of Pub. L. 93–344, which is not classified to the Code, was renumbered section 403 by
Pub. L. 105–33, title X, §10116(c)(1), Aug. 5, 1997, 111 Stat. 692.
AMENDMENTS
2004—Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office"
in section catchline and text.
1997—Pub. L. 105–33, §10116(c)(2), substituted "mandatory spending" for "spending authority as
described by section 651(c)(2) of this title and which provide permanent appropriations,".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985,
see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under
section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246. | §654. Study by Government Accountability Office of forms of Federal financial | 2004-07-07T00:00:00 | 2b346fe2a6e8826df1b8ba5df6434c94f3b25386e17d6a19b9d19a392e68d17a |
US House of Representatives | 2, 17, §655 | (a) Notwithstanding any other provision of law, budget authority, credit authority, and estimates of
outlays and receipts for activities of the Federal budget which are off-budget immediately prior to
December 12, 1985, not including activities of the Federal Old-Age and Survivors Insurance and
Federal Disability Insurance Trust Funds, shall be included in a budget submitted pursuant to section
1105 of title 31 and in a concurrent resolution on the budget reported pursuant to section 632 or
section 635 of this title and shall be considered, for purposes of this Act, budget authority, outlays,
and spending authority in accordance with definitions set forth in this Act.
(b) All receipts and disbursements of the Federal Financing Bank with respect to any obligations
which are issued, sold, or guaranteed by a Federal agency shall be treated as a means of financing
such agency for purposes of section 1105 of title 31 and for purposes of this Act.
(Pub. L. 93–344, title IV, §405, formerly §406, as added Pub. L. 99–177, title II, §214, Dec. 12,
1985, 99 Stat. 1059; renumbered §405, Pub. L. 105–33, title X, §10116(c)(1), Aug. 5, 1997, 111 Stat.
692.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the
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Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A, and 17B, and
section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance,
amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1,
General Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31,
and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632,
and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete classification of
this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
PRIOR PROVISIONS
A prior section 405 of Pub. L. 93–344 was renumbered section 404 and is classified to section 654 of this
title.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985,
see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under
section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246. | §655. Off-budget agencies, programs, and activities | 1974-07-12T00:00:00 | 2050eaf77b8f363f71966b7ca05ab9b8387cfc7f8caf0d89168381c9a1f0c569 |
US House of Representatives | 2, 17, §656 | The Speaker of the House of Representatives, after consulting with the Minority Leader of the
House, may appoint a Member User Group for the purpose of reviewing budgetary scorekeeping
rules and practices of the House and advising the Speaker from time to time on the effect and impact
of such rules and practices.
(Pub. L. 93–344, title IV, §406, formerly §407, as added Pub. L. 99–177, title II, §214, Dec. 12,
1985, 99 Stat. 1060; renumbered §406, Pub. L. 105–33, title X, §10116(c)(1), Aug. 5, 1997, 111 Stat.
692.)
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 406 of Pub. L. 93–344 was renumbered section 405 and is classified to section 655 of this
title.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985,
see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under
section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
PART B—FEDERAL MANDATES | §656. Member User Group | 2024-07-12T00:00:00 | 7d4393320718cf59821206e80cfdd787fad424f30b857c9be7e3d4a0f68f91a1 |
US House of Representatives | 2, 17, §658 | For purposes of this part:
(1) Agency
The term "agency" has the same meaning as defined in section 551(1) of title 5, but does not
include independent regulatory agencies.
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(2) Amount
The term "amount", with respect to an authorization of appropriations for Federal financial
assistance, means the amount of budget authority for any Federal grant assistance program or any
Federal program providing loan guarantees or direct loans.
(3) Direct costs
The term "direct costs"—
(A)(i) in the case of a Federal intergovernmental mandate, means the aggregate estimated
amounts that all State, local, and tribal governments would be required to spend or would be
prohibited from raising in revenues in order to comply with the Federal intergovernmental
mandate; or
(ii) in the case of a provision referred to in paragraph (5)(A)(ii), means the amount of Federal
financial assistance eliminated or reduced;
(B) in the case of a Federal private sector mandate, means the aggregate estimated amounts
that the private sector will be required to spend in order to comply with the Federal private
sector mandate;
(C) shall be determined on the assumption that—
(i) State, local, and tribal governments, and the private sector will take all reasonable steps
necessary to mitigate the costs resulting from the Federal mandate, and will comply with
applicable standards of practice and conduct established by recognized professional or trade
associations; and
(ii) reasonable steps to mitigate the costs shall not include increases in State, local, or tribal
taxes or fees; and
(D) shall not include—
(i) estimated amounts that the State, local, and tribal governments (in the case of a Federal
intergovernmental mandate) or the private sector (in the case of a Federal private sector
mandate) would spend—
(I) to comply with or carry out all applicable Federal, State, local, and tribal laws and
regulations in effect at the time of the adoption of the Federal mandate for the same
activity as is affected by that Federal mandate; or
(II) to comply with or carry out State, local, and tribal governmental programs, or
private-sector business or other activities in effect at the time of the adoption of the Federal
mandate for the same activity as is affected by that mandate; or
(ii) expenditures to the extent that such expenditures will be offset by any direct savings to
the State, local, and tribal governments, or by the private sector, as a result of—
(I) compliance with the Federal mandate; or
(II) other changes in Federal law or regulation that are enacted or adopted in the same
bill or joint resolution or proposed or final Federal regulation and that govern the same
activity as is affected by the Federal mandate.
(4) Direct savings
The term "direct savings", when used with respect to the result of compliance with the Federal
mandate—
(A) in the case of a Federal intergovernmental mandate, means the aggregate estimated
reduction in costs to any State, local, or tribal government as a result of compliance with the
Federal intergovernmental mandate; and
(B) in the case of a Federal private sector mandate, means the aggregate estimated reduction
in costs to the private sector as a result of compliance with the Federal private sector mandate.
(5) Federal intergovernmental mandate
The term "Federal intergovernmental mandate" means—
(A) any provision in legislation, statute, or regulation that—
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(i) would impose an enforceable duty upon State, local, or tribal governments, except—
(I) a condition of Federal assistance; or
(II) a duty arising from participation in a voluntary Federal program, except as provided
in subparagraph (B); or
(ii) would reduce or eliminate the amount of authorization of appropriations for—
(I) Federal financial assistance that would be provided to State, local, or tribal
governments for the purpose of complying with any such previously imposed duty unless
such duty is reduced or eliminated by a corresponding amount; or
(II) the control of borders by the Federal Government; or reimbursement to State, local,
or tribal governments for the net cost associated with illegal, deportable, and excludable
aliens, including court-mandated expenses related to emergency health care, education or
criminal justice; when such a reduction or elimination would result in increased net costs
to State, local, or tribal governments in providing education or emergency health care to, or
incarceration of, illegal aliens; except that this subclause shall not be in effect with respect
to a State, local, or tribal government, to the extent that such government has not fully
cooperated in the efforts of the Federal Government to locate, apprehend, and deport
illegal aliens;
(B) any provision in legislation, statute, or regulation that relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State, local, and tribal
governments under entitlement authority, if the provision—
(i)(I) would increase the stringency of conditions of assistance to State, local, or tribal
governments under the program; or
(II) would place caps upon, or otherwise decrease, the Federal Government's responsibility
to provide funding to State, local, or tribal governments under the program; and
(ii) the State, local, or tribal governments that participate in the Federal program lack
authority under that program to amend their financial or programmatic responsibilities to
continue providing required services that are affected by the legislation, statute, or regulation.
(6) Federal mandate
The term "Federal mandate" means a Federal intergovernmental mandate or a Federal private
sector mandate, as defined in paragraphs (5) and (7).
(7) Federal private sector mandate
The term "Federal private sector mandate" means any provision in legislation, statute, or
regulation that—
(A) would impose an enforceable duty upon the private sector except—
(i) a condition of Federal assistance; or
(ii) a duty arising from participation in a voluntary Federal program; or
(B) would reduce or eliminate the amount of authorization of appropriations for Federal
financial assistance that will be provided to the private sector for the purposes of ensuring
compliance with such duty.
(8) Local government
The term "local government" has the same meaning as defined in section 6501(6) of title 31.
(9) Private sector
The term "private sector" means all persons or entities in the United States, including
individuals, partnerships, associations, corporations, and educational and nonprofit institutions,
but shall not include State, local, or tribal governments.
(10) Regulation; rule
The term "regulation" or "rule" (except with respect to a rule of either House of the Congress)
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has the meaning of "rule" as defined in section 601(2) of title 5.
(11) Small government
The term "small government" means any small governmental jurisdictions defined in section
601(5) of title 5 and any tribal government.
(12) State
The term "State" has the same meaning as defined in section 6501(9) of title 31.
(13) Tribal government
The term "tribal government" means any Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village or regional or village corporation as defined in or
established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et
seq.) which is recognized as eligible for the special programs and services provided by the United
States to Indians because of their special status as Indians.
(Pub. L. 93–344, title IV, §421, as added Pub. L. 104–4, title I, §101(a)(2), Mar. 22, 1995, 109 Stat.
50; amended Pub. L. 113–67, div. A, title I, §122(14), Dec. 26, 2013, 127 Stat. 1176.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred to in par. (13), is Pub. L. 92–203, Dec. 18, 1971, 85
Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
AMENDMENTS
2013—Par. (5)(A)(i)(II). Pub. L. 113–67 substituted "subparagraph (B)" for "subparagraph (B))".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized
under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such
date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title. | §658. Definitions | 2024-07-12T00:00:00 | 4e93cdf27d1bcb9a18f80b55187389114700a8bcc303f4b6af71c63c4a3e9c81 |
US House of Representatives | 2, 17, §661 | The purposes of this subchapter are to—
(1) measure more accurately the costs of Federal credit programs;
(2) place the cost of credit programs on a budgetary basis equivalent to other Federal spending;
(3) encourage the delivery of benefits in the form most appropriate to the needs of beneficiaries;
and
(4) improve the allocation of resources among credit programs and between credit and other
spending programs.
(Pub. L. 93–344, title V, §501, as added Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104
Stat. 1388–610.)
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 661, Pub. L. 93–344, title VI, §606, July 12, 1974, 88 Stat. 325, directed that Budget
[Release Point 118-70]
Committees of House and Senate study, on a continuing basis, any provisions of law which exempt agencies
or programs from inclusion in the budget and make recommendations from time to time with regard to
terminating or modifying such provisions, prior to repeal by Pub. L. 99–177, title II, §§223, 275(a)(1), Dec.
12, 1985, 99 Stat. 1060, 1100, effective Dec. 12, 1985, and applicable with respect to fiscal years beginning
after Sept. 30, 1985.
A prior section 501 of Pub. L. 93–344, title V, July 12, 1974, 88 Stat. 321, was classified to section 1020 of
former Title 31, prior to repeal and reenactment as section 1102 of Title 31, Money and Finance, by Pub. L.
97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31.
STATUTORY NOTES AND RELATED SUBSIDIARIES
SHORT TITLE
For short title of title V of Pub. L. 93–344, which enacted this subchapter, as the "Federal Credit Reform
Act of 1990", see section 500 of Pub. L. 93–344, set out as a note under section 621 of this title. | §661. Purposes | 1974-07-12T00:00:00 | 089b6ed4e1bc95ca52cc3fdf55a89e262c108a1f4d9c1bc7ebf26f5d352fd958 |
US House of Representatives | 2, 17, §681 | Nothing contained in this Act, or in any amendments made by this Act, shall be construed as—
(1) asserting or conceding the constitutional powers or limitations of either the Congress or the
President;
(2) ratifying or approving any impoundment heretofore or hereafter executed or approved by the
President or any other Federal officer or employee, except insofar as pursuant to statutory
authorization then in effect;
(3) affecting in any way the claims or defenses of any party to litigation concerning any
impoundment; or
(4) superseding any provision of law which requires the obligation of budget authority or the
making of outlays thereunder.
(Pub. L. 93–344, title X, §1001, July 12, 1974, 88 Stat. 332.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in provision preceding par. (1), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297,
known as the Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A,
and 17B, and section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, amended
sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General
Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31 and
sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632, and
682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete classification of this
Act to the Code, see Short Title note set out under section 621 of this title and Tables.
CODIFICATION
Section was formerly classified to section 1400 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Chapter effective July 12, 1974, see section 905(a) of Pub. L. 93–344, formerly set out as a note under
section 621 of this title.
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104–130, §1, Apr. 9, 1996, 110 Stat. 1200, which provided that Pub. L. 104–130 (enacting former
subchapter III (§691 et seq.) of this chapter and provisions set out as a note under section 691 of this title and
amending provisions set out as notes under section 621 of this title) could be cited as the "Line Item Veto
Act", was omitted pursuant to section 5 of Pub. L. 104–130, set out as an Effective and Termination Dates
note under section 691 of this title.
SHORT TITLE
For short title of title X of Pub. L. 93–344, which enacted this chapter, as the "Impoundment Control Act of
1974", see section 1(a) of Pub. L. 93–344, as amended, set out as a note under section 621 of this title.
SUBCHAPTER II—CONGRESSIONAL CONSIDERATION OF PROPOSED
RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET
AUTHORITY | §681. Disclaimer | 1974-07-12T00:00:00 | 5d534b3a0ff57e6efc6be01937bf5f65034278f56d723bcef7b160e2ced04b02 |
US House of Representatives | 2, 17, §682 | [Release Point 118-70]
For purposes of sections 682 to 688 of this title—
(1) "deferral of budget authority" includes—
(A) withholding or delaying the obligation or expenditure of budget authority (whether by
establishing reserves or otherwise) provided for projects or activities; or
(B) any other type of Executive action or inaction which effectively precludes the obligation
or expenditure of budget authority, including authority to obligate by contract in advance of
appropriations as specifically authorized by law;
(2) "Comptroller General" means the Comptroller General of the United States;
(3) "rescission bill" means a bill or joint resolution which only rescinds, in whole or in part,
budget authority proposed to be rescinded in a special message transmitted by the President under
section 683 of this title, and upon which the Congress completes action before the end of the first
period of 45 calendar days of continuous session of the Congress after the date on which the
President's message is received by the Congress;
(4) "impoundment resolution" means a resolution of the House of Representatives or the Senate
which only expresses its disapproval of a proposed deferral of budget authority set forth in a
special message transmitted by the President under section 684 of this title; and
(5) continuity of a session of the Congress shall be considered as broken only by an
adjournment of the Congress sine die, and the days on which either House is not in session
because of an adjournment of more than 3 days to a day certain shall be excluded in the
computation of the 45-day period referred to in paragraph (3) of this section and in section 683 of
this title, and the 25-day periods referred to in sections 687 and 688(b)(1) of this title. If a special
message is transmitted under section 683 of this title during any Congress and the last session of
such Congress adjourns sine die before the expiration of 45 calendar days of continuous session
(or a special message is so transmitted after the last session of the Congress adjourns sine die), the
message shall be deemed to have been retransmitted on the first day of the succeeding Congress
and the 45-day period referred to in paragraph (3) of this section and in section 683 of this title
(with respect to such message) shall commence on the day after such first day.
(Pub. L. 93–344, title X, §1011, July 12, 1974, 88 Stat. 333.)
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 1401 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877. | §682. Definitions | 1974-07-12T00:00:00 | e6ae2de1ca4cded8a47a730c1685a2177c91379945586ad584021e53ec7fba41 |
US House of Representatives | 2, 17, §683 | (a) Transmittal of special message
Whenever the President determines that all or part of any budget authority will not be required to
carry out the full objectives or scope of programs for which it is provided or that such budget
authority should be rescinded for fiscal policy or other reasons (including the termination of
authorized projects or activities for which budget authority has been provided), or whenever all or
part of budget authority provided for only one fiscal year is to be reserved from obligation for such
fiscal year, the President shall transmit to both Houses of Congress a special message specifying—
(1) the amount of budget authority which he proposes to be rescinded or which is to be so
reserved;
(2) any account, department, or establishment of the Government to which such budget
authority is available for obligation, and the specific project or governmental functions involved;
(3) the reasons why the budget authority should be rescinded or is to be so reserved;
(4) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of
the proposed rescission or of the reservation; and
[Release Point 118-70]
(5) all facts, circumstances, and considerations relating to or bearing upon the proposed
rescission or the reservation and the decision to effect the proposed rescission or the reservation,
and to the maximum extent practicable, the estimated effect of the proposed rescission or the
reservation upon the objects, purposes, and programs for which the budget authority is provided.
(b) Requirement to make available for obligation
Any amount of budget authority proposed to be rescinded or that is to be reserved as set forth in
such special message shall be made available for obligation unless, within the prescribed 45-day
period, the Congress has completed action on a rescission bill rescinding all or part of the amount
proposed to be rescinded or that is to be reserved. Funds made available for obligation under this
procedure may not be proposed for rescission again.
(Pub. L. 93–344, title X, §1012, July 12, 1974, 88 Stat. 333; Pub. L. 100–119, title II, §207, Sept. 29,
1987, 101 Stat. 786.)
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 1402 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
AMENDMENTS
1987—Subsec. (b). Pub. L. 100–119 inserted at end "Funds made available for obligation under this
procedure may not be proposed for rescission again." | §683. Rescission of budget authority | 1974-07-12T00:00:00 | d66d93fea2db2709927f0ea8747198920f49d93f8f5db8d501cf3ad6380969e8 |
US House of Representatives | 2, 17, §684 | (a) Transmittal of special message
Whenever the President, the Director of the Office of Management and Budget, the head of any
department or agency of the United States, or any officer or employee of the United States proposes
to defer any budget authority provided for a specific purpose or project, the President shall transmit
to the House of Representatives and the Senate a special message specifying—
(1) the amount of the budget authority proposed to be deferred;
(2) any account, department, or establishment of the Government to which such budget
authority is available for obligation, and the specific projects or governmental functions involved;
(3) the period of time during which the budget authority is proposed to be deferred;
(4) the reasons for the proposed deferral, including any legal authority invoked to justify the
proposed deferral;
(5) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of
the proposed deferral; and
(6) all facts, circumstances, and considerations relating to or bearing upon the proposed deferral
and the decision to effect the proposed deferral, including an analysis of such facts, circumstances,
and considerations in terms of their application to any legal authority, including specific elements
of legal authority, invoked to justify such proposed deferral, and to the maximum extent
practicable, the estimated effect of the proposed deferral upon the objects, purposes, and programs
for which the budget authority is provided.
A special message may include one or more proposed deferrals of budget authority. A deferral
may not be proposed for any period of time extending beyond the end of the fiscal year in which the
special message proposing the deferral is transmitted to the House and the Senate.
(b) Consistency with legislative policy
Deferrals shall be permissible only—
(1) to provide for contingencies;
[Release Point 118-70]
(2) to achieve savings made possible by or through changes in requirements or greater
efficiency of operations; or
(3) as specifically provided by law.
No officer or employee of the United States may defer any budget authority for any other purpose.
(c) Exception
The provisions of this section do not apply to any budget authority proposed to be rescinded or
that is to be reserved as set forth in a special message required to be transmitted under section 683 of
this title.
(Pub. L. 93–344, title X, §1013, July 12, 1974, 88 Stat. 334; Pub. L. 100–119, title II, §206(a), Sept.
29, 1987, 101 Stat. 785.)
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 1403 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
AMENDMENTS
1987—Pub. L. 100–119 amended section generally, substituting substantially similar provisions in subsecs.
(a) and (c) and substituting subsec. (b) for former subsec. (b) which read as follows: "Any amount of budget
authority proposed to be deferred, as set forth in a special message transmitted under subsection (a) of this
section, shall be made available for obligation if either House of Congress passes an impoundment resolution
disapproving such proposed deferral." | §684. Proposed deferrals of budget authority | 1974-07-12T00:00:00 | 3e94fc3478d8f3cf7267acc48edc5a66b4f518d5caf4353d232b270a525af9dc |
US House of Representatives | 2, 17, §685 | (a) Delivery to House and Senate
Each special message transmitted under section 683 or 684 of this title shall be transmitted to the
House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the
House of Representatives if the House is not in session, and to the Secretary of the Senate if the
Senate is not in session. Each special message so transmitted shall be referred to the appropriate
committee of the House of Representatives and the Senate. Each such message shall be printed as a
document of each House.
(b) Delivery to Comptroller General
A copy of each special message transmitted under section 683 or 684 of this title, shall be
transmitted to the Comptroller General on the same day it is transmitted to the House of
Representatives and the Senate. In order to assist the Congress in the exercise of its functions under
section 683 or 684 of this title, the Comptroller General shall review each such message and inform
the House of Representatives and the Senate as promptly as practicable with respect to—
(1) in the case of a special message transmitted under section 683 of this title, the facts
surrounding the proposed rescission or the reservation of budget authority (including the probable
effects thereof); and
(2) in the case of a special message transmitted under section 684 of this title, (A) the facts
surrounding each proposed deferral of budget authority (including the probable effects thereof)
and (B) whether or not (or to what extent), in his judgment, such proposed deferral is in
accordance with existing statutory authority.
(c) Transmission of supplementary messages
If any information contained in a special message transmitted under section 683 or 684 of this title
is subsequently revised, the President shall transmit to both Houses of Congress and the Comptroller
General a supplementary message stating and explaining such revision. Any such supplementary
[Release Point 118-70]
message shall be delivered, referred, and printed as provided in subsection (a). The Comptroller
General shall promptly notify the House of Representatives and the Senate of any changes in the
information submitted by him under subsection (b) which may be necessitated by such revision.
(d) Printing in Federal Register
Any special message transmitted under section 683 or 684 of this title, and any supplementary
message transmitted under subsection (c), shall be printed in the first issue of the Federal Register
published after such transmittal.
(e) Cumulative reports of proposed rescissions, reservations, and deferrals of budget authority
(1) The President shall submit a report to the House of Representatives and the Senate, not later
than the 10th day of each month during a fiscal year, listing all budget authority for that fiscal year
with respect to which, as of the first day of such month—
(A) he has transmitted a special message under section 683 of this title with respect to a
proposed rescission or a reservation; and
(B) he has transmitted a special message under section 684 of this title proposing a deferral.
Such report shall also contain, with respect to each such proposed rescission or deferral, or each
such reservation, the information required to be submitted in the special message with respect thereto
under section 683 or 684 of this title.
(2) Each report submitted under paragraph (1) shall be printed in the first issue of the Federal
Register published after its submission.
(Pub. L. 93–344, title X, §1014, July 12, 1974, 88 Stat. 335.)
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 1404 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
EXECUTIVE DOCUMENTS
EX. ORD. NO. 11845. DELEGATION OF CERTAIN REPORTING FUNCTIONS TO DIRECTOR OF
OFFICE OF MANAGEMENT AND BUDGET
Ex. Ord. No. 11845, Mar. 24, 1975, 40 F.R. 13299, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52
F.R. 34617, provided:
By virtue of the authority vested in me by the Impoundment Control Act of 1974 (Public Law 93–344; 88
Stat. 332, (2 U.S.C. 681 et seq.), hereinafter referred to as the Act) [subchapters I and II of this chapter], and
section 301 of title 3 of the United States Code, the Director of the Office of Management and Budget is
hereby designated and empowered to exercise, as of October 1, 1974 without ratification or other action of the
President (1) the functions required by sections 1014(b) and 1014(d) of the Act [subsecs. (b) and (d) of this
section] of transmitting to the Comptroller General of the United States and to the Office of the Federal
Register copies of special messages transmitted pursuant to section 1012 or 1013 (2 U.S.C. 683 and 684) of
the Act; and (2) the function conferred upon the President by section 1014(e) of the Act (2 U.S.C. 685(e)) of
submitting to the Congress cumulative reports of proposed rescissions, reservations, and deferrals of budget
authority. | §685. Transmission of messages; publication | 1974-10-01T00:00:00 | 6f1fcf33a94a1956941bfccd9967335378c8c169af9e2661e7390f0380f4dc3b |
US House of Representatives | 2, 17, §686 | (a) Failure to transmit special message
If the Comptroller General finds that the President, the Director of the Office of Management and
Budget, the head of any department or agency of the United States, or any other officer or employee
of the United States—
(1) is to establish a reserve or proposes to defer budget authority with respect to which the
[Release Point 118-70]
President is required to transmit a special message under section 683 or 684 of this title; or
(2) has ordered, permitted, or approved the establishment of such a reserve or a deferral of
budget authority;
and that the President has failed to transmit a special message with respect to such reserve or
deferral, the Comptroller General shall make a report on such reserve or deferral and any available
information concerning it to both Houses of Congress. The provisions of sections 682 to 688 of this
title shall apply with respect to such reserve or deferral in the same manner and with the same effect
as if such report of the Comptroller General were a special message transmitted by the President
under section 683 or 684 of this title, and, for purposes of sections 682 to 688 of this title, such report
shall be considered a special message transmitted under section 683 or 684 of this title.
(b) Incorrect classification of special message
If the President has transmitted a special message to both Houses of Congress in accordance with
section 683 or 684 of this title, and the Comptroller General believes that the President so transmitted
the special message in accordance with one of those sections when the special message should have
been transmitted in accordance with the other of those sections, the Comptroller General shall make
a report to both Houses of the Congress setting forth his reasons.
(Pub. L. 93–344, title X, §1015, July 12, 1974, 88 Stat. 336.)
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 1405 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
STATUTORY NOTES AND RELATED SUBSIDIARIES
REAFFIRMATION
Pub. L. 100–119, title II, §206(c), Sept. 29, 1987, 101 Stat. 786, provided that: "Sections 1015 and 1016 of
the Impoundment Control Act of 1974 [2 U.S.C. 686, 687] are reaffirmed." | §686. Reports by Comptroller General | 1974-07-12T00:00:00 | 6a837459972e50c5fbbb5894a8d4d3a23ea9fbf5da16faa5056f32702b043569 |
US House of Representatives | 2, 17, §687 | If, under this chapter, budget authority is required to be made available for obligation and such
budget authority is not made available for obligation, the Comptroller General is hereby expressly
empowered, through attorneys of his own selection, to bring a civil action in the United States
District Court for the District of Columbia to require such budget authority to be made available for
obligation, and such court is hereby expressly empowered to enter in such civil action, against any
department, agency, officer, or employee of the United States, any decree, judgment, or order which
may be necessary or appropriate to make such budget authority available for obligation. No civil
action shall be brought by the Comptroller General under this section until the expiration of 25
calendar days of continuous session of the Congress following the date on which an explanatory
statement by the Comptroller General of the circumstances giving rise to the action contemplated has
been filed with the Speaker of the House of Representatives and the President of the Senate.
(Pub. L. 93–344, title X, §1016, July 12, 1974, 88 Stat. 336; Pub. L. 98–620, title IV, §402(35), Nov.
8, 1984, 98 Stat. 3360; Pub. L. 100–119, title II, §206(b), Sept. 29, 1987, 101 Stat. 786.)
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 1406 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
[Release Point 118-70]
AMENDMENTS
1987—Pub. L. 100–119 substituted "If, under this chapter" for "If, under section 683(b) or 684(b) of this
title".
1984—Pub. L. 98–620 struck out provision requiring that the courts give precedence to civil actions
brought under this section, and to appeals and writs from decisions in such actions, over all other civil actions,
appeals, and writs.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L.
98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.
REAFFIRMATION
For provision reaffirming this section, see section 206(c) of Pub. L. 100–119, set out as a note under section
686 of this title. | §687. Suits by Comptroller General | 1974-07-12T00:00:00 | 866517b67422665434d8361ebc99a7ae7a97a248297447abee6e9776e9a3455c |
US House of Representatives | 2, 17, §688 | (a) Referral
Any rescission bill introduced with respect to a special message or impoundment resolution
introduced with respect to a proposed deferral of budget authority shall be referred to the appropriate
committee of the House of Representatives or the Senate, as the case may be.
(b) Discharge of committee
(1) If the committee to which a rescission bill or impoundment resolution has been referred has
not reported it at the end of 25 calendar days of continuous session of the Congress after its
introduction, it is in order to move either to discharge the committee from further consideration of
the bill or resolution or to discharge the committee from further consideration of any other rescission
bill with respect to the same special message or impoundment resolution with respect to the same
proposed deferral, as the case may be, which has been referred to the committee.
(2) A motion to discharge may be made only by an individual favoring the bill or resolution, may
be made only if supported by one-fifth of the Members of the House involved (a quorum being
present), and is highly privileged in the House and privileged in the Senate (except that it may not be
made after the committee has reported a bill or resolution with respect to the same special message
or the same proposed deferral, as the case may be); and debate thereon shall be limited to not more
than 1 hour, the time to be divided in the House equally between those favoring and those opposing
the bill or resolution, and to be divided in the Senate equally between, and controlled by, the
majority leader and the minority leader or their designees. An amendment to the motion is not in
order, and it is not in order to move to reconsider the vote by which the motion is agreed to or
disagreed to.
(c) Floor consideration in House
(1) When the committee of the House of Representatives has reported, or has been discharged
from further consideration of, a rescission bill or impoundment resolution, it shall at any time
thereafter be in order (even though a previous motion to the same effect has been disagreed to) to
move to proceed to the consideration of the bill or resolution. The motion shall be highly privileged
and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or disagreed to.
(2) Debate on a rescission bill or impoundment resolution shall be limited to not more than 2
hours, which shall be divided equally between those favoring and those opposing the bill or
resolution. A motion further to limit debate shall not be debatable. In the case of an impoundment
resolution, no amendment to, or motion to recommit, the resolution shall be in order. It shall not be
[Release Point 118-70]
in order to move to reconsider the vote by which a rescission bill or impoundment resolution is
agreed to or disagreed to.
(3) Motions to postpone, made with respect to the consideration of a rescission bill or
impoundment resolution, and motions to proceed to the consideration of other business, shall be
decided without debate.
(4) All appeals from the decisions of the Chair relating to the application of the Rules of the House
of Representatives to the procedure relating to any rescission bill or impoundment resolution shall be
decided without debate.
(5) Except to the extent specifically provided in the preceding provisions of this subsection,
consideration of any rescission bill or impoundment resolution and amendments thereto (or any
conference report thereon) shall be governed by the Rules of the House of Representatives applicable
to other bills and resolutions, amendments, and conference reports in similar circumstances.
(d) Floor consideration in Senate
(1) Debate in the Senate on any rescission bill or impoundment resolution, and all amendments
thereto (in the case of a rescission bill) and debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled
by, the majority leader and the minority leader or their designees.
(2) Debate in the Senate on any amendment to a rescission bill shall be limited to 2 hours, to be
equally divided between, and controlled by, the mover and the manager of the bill. Debate on any
amendment to an amendment, to such a bill, and debate on any debatable motion or appeal in
connection with such a bill or an impoundment resolution shall be limited to 1 hour, to be equally
divided between, and controlled by, the mover and the manager of the bill or resolution, except that
in the event the manager of the bill or resolution is in favor of any such amendment, motion, or
appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. No
amendment that is not germane to the provisions of a rescission bill shall be received. Such leaders,
or either of them, may, from the time under their control on the passage of a rescission bill or
impoundment resolution, allot additional time to any Senator during the consideration of any
amendment, debatable motion, or appeal.
(3) A motion to further limit debate is not debatable. In the case of a rescission bill, a motion to
recommit (except a motion to recommit with instructions to report back within a specified number of
days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order.
Debate on any such motion to recommit shall be limited to one hour, to be equally divided between,
and controlled by, the mover and the manager of the concurrent resolution. In the case of an
impoundment resolution, no amendment or motion to recommit is in order.
(4) The conference report on any rescission bill shall be in order in the Senate at any time after the
third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such a
conference report is reported and is available to Members of the Senate. A motion to proceed to the
consideration of the conference report may be made even though a previous motion to the same
effect has been disagreed to.
(5) During the consideration in the Senate of the conference report on any rescission bill, debate
shall be limited to 2 hours to be equally divided between, and controlled by, the majority leader and
minority leader or their designees. Debate on any debatable motion or appeal related to the
conference report shall be limited to 30 minutes, to be equally divided between, and controlled by,
the mover and the manager of the conference report.
(6) Should the conference report be defeated, debate on any request for a new conference and the
appointment of conferees shall be limited to one hour, to be equally divided between, and controlled
by, the manager of the conference report and the minority leader or his designee, and should any
motion be made to instruct the conferees before the conferees are named, debate on such motion
shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the
manager of the conference report. Debate on any amendment to any such instructions shall be
limited to 20 minutes, to be equally divided between, and controlled by, the mover and the manager
[Release Point 118-70]
of the conference report. In all cases when the manager of the conference report is in favor of any
motion, appeal, or amendment, the time in opposition shall be under the control of the minority
leader or his designee.
(7) In any case in which there are amendments in disagreement, time on each amendment shall be
limited to 30 minutes, to be equally divided between, and controlled by, the manager of the
conference report and the minority leader or his designee. No amendment that is not germane to the
provisions of such amendments shall be received.
(Pub. L. 93–344, title X, §1017, July 12, 1974, 88 Stat. 337.)
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 1407 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
SUBCHAPTER III—LINE ITEM VETO
§§691 to 692. Omitted
EDITORIAL NOTES
CODIFICATION
Sections were omitted pursuant to section 5 of Pub. L. 104–130, set out as an Effective and Termination
Dates note below.
Section 691, Pub. L. 93–344, title X, §1021, as added Pub. L. 104–130, §2(a), Apr. 9, 1996, 110 Stat. 1200,
provided line item veto authority.
Section 691a, Pub. L. 93–344, title X, §1022, as added Pub. L. 104–130, §2(a), Apr. 9, 1996, 110 Stat.
1201; amended Pub. L. 105–33, title X, §10121(a), Aug. 5, 1997, 111 Stat. 696, required special messages to
Congress of cancellations made.
Section 691b, Pub. L. 93–344, title X, §1023, as added Pub. L. 104–130, §2(a), Apr. 9, 1996, 110 Stat.
1202, provided that cancellations were to be effective unless disapproved.
Section 691c, Pub. L. 93–344, title X, §1024, as added Pub. L. 104–130, §2(a), Apr. 9, 1996, 110 Stat.
1202; amended Pub. L. 105–33, title X, §10121(b), Aug. 5, 1997, 111 Stat. 696, related to deficit reduction.
Section 691d, Pub. L. 93–344, title X, §1025, as added Pub. L. 104–130, §2(a), Apr. 9, 1996, 110 Stat.
1203, related to expedited congressional consideration of disapproval bills.
Section 691e, Pub. L. 93–344, title X, §1026, as added Pub. L. 104–130, §2(a), Apr. 9, 1996, 110 Stat.
1207; amended Pub. L. 105–33, title X, §10122, Aug. 5, 1997, 111 Stat. 697, defined terms used in this
subchapter.
Section 691f, Pub. L. 93–344, title X, §1027, as added Pub. L. 104–130, §2(a), Apr. 9, 1996, 110 Stat.
1210, related to identification of limited tax benefits.
Section 692, Pub. L. 104–130, §3, Apr. 9, 1996, 110 Stat. 1211, provided for judicial review.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CONSTITUTIONALITY
For information regarding the constitutionality of part C of title X of Pub. L. 93–344, as added by section
2(a) of Pub. L. 104–130, which was classified generally to this subchapter (sections 691 et seq. of this title),
see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution
Annotated website, constitution.congress.gov.
EFFECTIVE AND TERMINATION DATES
[Release Point 118-70]
Board organization.
803.
Program.
802.
Establishment, etc., of Congressional Award Board.
801.
Sec.
Pub. L. 104–130, §5, Apr. 9, 1996, 110 Stat. 1212, provided that: "This Act [enacting this subchapter and
provisions set out as a note under section 681 of this title and amending provisions set out as notes under
section 621 of this title] and the amendments made by it shall take effect and apply to measures enacted on the
earlier of—
"(1) the day after the enactment into law, pursuant to Article I, section 7, of the Constitution of the
United States, of an Act entitled 'An Act to provide for a seven-year plan for deficit reduction and achieve a
balanced Federal budget.'; or
"(2) January 1, 1997;
and shall have no force or effect on or after January 1, 2005." | §688. Procedure in House of Representatives and Senate | 2005-01-01T00:00:00 | c02dc4f73bdb1d9bdc93ad0d8e93df01f0dc8d98200562ed93413bf42d97baa1 |
US House of Representatives | 2, 19, §801 | There is established a board to be known as the Congressional Award Board (hereinafter in this
subchapter referred to as the "Board"), which shall be responsible for administering the
Congressional Award Program described under section 802 of this title. The Board shall not be an
agency or instrumentality of the United States, and the United States is not liable for any obligation
or liability incurred by the Board.
(Pub. L. 96–114, title I, §101, formerly §2, Nov. 16, 1979, 93 Stat. 851; renumbered title I, §101, and
amended Pub. L. 106–533, §1(b)(1)–(3), Nov. 22, 2000, 114 Stat. 2553.)
EDITORIAL NOTES
AMENDMENTS
2000—Pub. L. 106–533, §1(b)(3)(A), substituted "subchapter" for "chapter".
Pub. L. 106–533, §1(b)(3)(B), made technical amendment to reference in original act which appears in text
as reference to section 802 of this title.
STATUTORY NOTES AND RELATED SUBSIDIARIES
SHORT TITLE OF 2018 AMENDMENT
Pub. L. 115–268, §1, Oct. 11, 2018, 132 Stat. 3762, provided that: "This Act [amending section 808 of this
title and enacting provisions set out as a note under section 808 of this title] may be cited as the 'Congressional
Award Program Reauthorization Act of 2018'."
SHORT TITLE OF 2013 AMENDMENT
Pub. L. 113–43, §1, Oct. 4, 2013, 127 Stat. 554, provided that: "This Act [amending section 808 of this title
and enacting provisions set out as a note under section 808 of this title] may be cited as the 'Congressional
Award Program Reauthorization Act of 2013'."
SHORT TITLE OF 2010 AMENDMENT
Pub. L. 111–200, §1, July 7, 2010, 124 Stat. 1368, provided that: "This Act [amending sections 802 to 804,
806, and 808 of this title and enacting provisions set out as a note under section 808 of this title] may be cited
as the 'Congressional Award Program Reauthorization Act of 2009'."
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102–457, §1, Oct. 23, 1992, 106 Stat. 2265, provided that: "This Act [amending sections 804 and
808 of this title] may be cited as the 'Congressional Award Act Amendments of 1992'."
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101–525, §1, Nov. 6, 1990, 104 Stat. 2305, provided that: "This Act [amending sections 802, 803,
and 806 to 808 of this title and enacting provisions set out as a note under section 808 of this title] may be
cited as the 'Congressional Award Amendments of 1990'."
[Release Point 118-70]
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–674, §1, Nov. 17, 1988, 102 Stat. 3996, provided that: "This Act [amending sections 802, 803,
and 806 to 808 of this title and enacting provisions set out as a note under section 803 of this title] may be
cited as the 'Congressional Award Act Amendments of 1988'."
SHORT TITLE OF 1985 AMENDMENT
Pub. L. 99–161, §1, Nov. 25, 1985, 99 Stat. 934, provided that: "This Act [amending sections 802, 803, and
806 to 808 of this title and repealing provisions set out as a note under section 803 of this title] may be cited as
the 'Congressional Award Amendments of 1985'."
SHORT TITLE
Pub. L. 96–114, title II, §201, as added by Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2545, provided
that: "This title [enacting subchapter II of this chapter] may be cited as the 'Congressional Recognition for
Excellence in Arts Education Act'."
Pub. L. 96–114, §1, Nov. 16, 1979, 93 Stat. 851, provided that: "This Act [enacting this chapter] may be
cited as the 'Congressional Award Act'." | §801. Establishment, etc., of Congressional Award Board | 2010-07-07T00:00:00 | 16187716bf5e9f2e99bbd65f76680811738b643f24b80b5e493c22c9f93fd103 |
US House of Representatives | 2, 19, §802 | (a) Establishment, functions, and purposes; nature of awards
The Board shall establish and administer a program to be known as the Congressional Award
Program, which shall be designed to promote initiative, achievement, and excellence among youths
in the areas of public service, personal development, and physical and expedition fitness. Under the
program medals shall be awarded to young people within the United States, aged fourteen through
twenty-three (subject to such exceptions as the Board may prescribe), who have satisfied the
standards of achievement established by the Board under subsection (b) of this section. Each medal
shall consist of gold-plate over bronze, rhodium over bronze, or bronze and shall be struck in
accordance with subsection (f).
(b) Implementation requirements for Board
In carrying out the Congressional Award Program, the Board shall—
(1) establish the standards of achievement required for young people to qualify as recipients of
the medals and establish such procedures as may be required to verify that individuals satisfy such
qualifications;
(2) designate the recipients of the medals in accordance with the standards established under
paragraph (1) of this subsection;
(3) delineate such roles as the Board considers to be appropriate for the Director and Regional
Directors in administering the Congressional Award, and set forth in the bylaws of the Board the
duties, salaries, and benefits of the Director and Regional Directors;
(4) raise funds for the operation of the program; and
(5) take such other actions as may be appropriate for the administration of the Congressional
Award Program.
No salary established by the Board shall exceed $75,000 per annum, except that for calendar years
after 1986, such limit shall be increased in proportion to increases in the Consumer Price Index.
(c) Presentation of awards
The Board shall arrange for the presentation of the awards to the recipients and shall provide for
participation by Members of Congress in such presentation, when appropriate. To the extent
possible, recipients shall be provided with opportunities to exchange information and views with
Members of Congress in connection with the presentation of the awards.
(d) Scholarships for recipients of Congressional Award Gold, Silver, and Bronze Medals
The Board may award scholarships in such amounts as the Board determines to be appropriate to
any recipient of the Congressional Award Gold, Silver, and Bronze Medals.
[Release Point 118-70]
(e) Omitted
(f) Congressional Award Program medals
(1) Design and striking
The Secretary of the Treasury shall strike the medals described in subsection (a) and awarded
by the Board under this chapter. Subject to subsection (a), the medals shall be of such quantity,
design, and specifications as the Secretary of the Treasury may determine, after consultation with
the Board.
(2) National medals
The medals struck pursuant to this chapter are National medals for purposes of chapter 51 of
title 31.
(3) Authorization of appropriations
There are authorized to be charged against the Numismatic Public Enterprise Fund such
amounts as may be necessary to pay for the cost of the medals struck pursuant to this chapter.
(Pub. L. 96–114, title I, §102, formerly §3, Nov. 16, 1979, 93 Stat. 851; Pub. L. 99–161, §4(a)–(c),
Nov. 25, 1985, 99 Stat. 934; Pub. L. 100–674, §2(a), Nov. 17, 1988, 102 Stat. 3996; Pub. L.
101–525, §3, Nov. 6, 1990, 104 Stat. 2305; Pub. L. 103–329, title VI, §637, Sept. 30, 1994, 108 Stat.
2431; Pub. L. 106–63, §1(a), Oct. 1, 1999, 113 Stat. 510; renumbered title I, §102, and amended Pub.
L. 106–533, §1(b)(1), (2), (4), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 111–200, §2(a), July 7, 2010,
124 Stat. 1368.)
EDITORIAL NOTES
CODIFICATION
Subsection (e), which required the Board to submit an annual report to Congress on the activities of the
Congressional Award Program, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 199
of House Document No. 103–7.
AMENDMENTS
2010—Subsec. (b). Pub. L. 111–200, §2(a)(1), struck out "under paragraph (3)" after "established by the
Board" in concluding provisions.
Subsec. (c). Pub. L. 111–200, §2(a)(2), substituted "in connection with" for "during" in second sentence.
2000—Subsec. (e)(3). Pub. L. 106–533, §1(b)(4)(A), which directed technical amendment to reference in
original act which would have appeared in text as reference to section 804(g)(1) of this title, could not be
executed because that reference did not appear in the original. See Codification note above.
Subsec. (e)(4). Pub. L. 106–533, §1(b)(4)(B), made technical amendment to reference in original act which
appears in text as reference to section 806 of this title. See Codification note above.
1999—Subsec. (e). Pub. L. 106–63 substituted "June 1" for "April 1" in introductory provisions.
1994—Subsec. (a). Pub. L. 103–329, §637(1), struck out "gold, silver, and bronze" after "Under the
program" and substituted last sentence for former last sentence which read as follows: "The medals shall be of
such design and materials as the Board may determine."
Subsec. (f). Pub. L. 103–329, §637(2), added subsec. (f).
1990—Subsec. (e). Pub. L. 101–525 substituted "April 1" for "March 1".
1988—Subsec. (e)(6) to (8). Pub. L. 100–674 added pars. (6) and (7) and redesignated former par. (6) as
(8).
1985—Subsec. (b). Pub. L. 99–161, §4(a), inserted provision limiting salaries established by Board under
par. (3) to $75,000 per annum, such limit after 1986 being increased in proportion to Consumer Price Index.
Subsec. (d). Pub. L. 99–161, §4(b), inserted reference to Silver and Bronze Medals.
Subsec. (e)(4). Pub. L. 99–161, §4(c), inserted "for each member, officer, employee, and consultant of the
Board (or of the Corporation established pursuant to section 806(g)(1) of this title)".
[Release Point 118-70] | §802. Program | 2000-05-15T00:00:00 | 6718fd85b42cd636e6b77622ca96d8419cd895140030a390b6575d912bb36034 |
US House of Representatives | 2, 19, §803 | (a) Membership; composition; appointment criteria; derivation of appointment
(1) The Board shall consist of 25 members, as follows:
(A) Six members appointed by the majority leader of the Senate, 1 of whom shall be a recipient
of the Congressional Award.
(B) Six members appointed by the minority leader of the Senate, 1 of whom shall be a local
Congressional Award program volunteer.
(C) Six members appointed by the Speaker of the House of Representatives, 1 of whom shall be
a local Congressional Award program volunteer.
(D) Six members appointed by the minority leader of the House of Representatives, 1 of whom
shall be a recipient of the Congressional Award.
(E) The Director of the Board, who shall serve as a nonvoting member.
(2) In making appointments to the Board, the congressional leadership shall consider
recommendations submitted by any interested party, including any member of the Board. One of the
members appointed under each of subparagraphs (A) through (D) of paragraph (1) shall be a member
of the Congress.
(3) Individuals appointed to the Board shall have an interest in one or more of the fields of
concern of the Congressional Award Program.
(4) For the purpose of determining the derivation of the appointment of any person appointed to
the Board under this section, if there is a change in the status of majority and minority between the
parties of the House or the Senate, each person appointed under this section shall be deemed to have
been appointed by the leadership position set out in subsection (a)(1) of the party of the individual
who made the initial appointment of such person.
(b) Terms of appointed members; reappointment
(1) Appointed members of the Board shall continue to serve at the pleasure of the officer by whom
they are appointed, and (unless reappointed under paragraph (2)) shall serve for a term of 4 years.
(2)(A) Subject to the limitations in subparagraph (B), members of the Board may be reappointed,
except that no member may serve more than 2 full consecutive terms. Members may be reappointed
to 2 full consecutive terms after being appointed to fill a vacancy on the Board.
(B) Members of the Board shall not be subject to the limitation on reappointment in subparagraph
(A) during their period of service as Chairman of the Board and may be reappointed to an additional
full term after termination of such Chairmanship.
(3)(A) Notwithstanding paragraph (1) or (2), the term of each member of the Board shall begin on
October 1 of the even numbered year which would otherwise apply with one-half of the Board
positions having terms which begin in each even numbered year.
(B) Subparagraph (A) shall apply to appointments made to the Board on or after July 7, 2010.
(c) Vacancies in membership
(1) Any vacancy in the Board shall be filled in the same manner in which the original appointment
was made.
(2) Any appointed member of the Board may continue to serve after the expiration of his term
until his successor has taken office.
(3) Vacancies in the membership of the Board shall not affect its power to function if there remain
sufficient members to constitute a quorum under subsection (d) of this section.
(d) Notice; quorum
(1) A meeting of the Board may be convened only if—
(A) notice of the meeting was provided to each member in accordance with the bylaws; and
(B) not less than 11 members are present for the meeting at the time given in the notice.
(2) A majority of the members present when a meeting is convened shall constitute a quorum for
the remainder of the meeting.
[Release Point 118-70]
(e) Compensation for travel expenses of members
Members of the Board shall serve without pay but may be compensated for reasonable travel
expenses incurred by them in the performance of their duties as members of the Board.
(f) Meetings
The Board shall meet at least twice a year at the call of the Chairman (with at least one meeting in
the District of Columbia) and at such other times as the Chairman may determine to be appropriate.
The Chairman shall call a meeting of the Board whenever one-third of the members of the Board
submit written requests for such a meeting.
(g) Chairman and Vice Chairman
The Chairman and the Vice Chairman of the Board shall be elected from among the members of
the Board by a majority vote of the Board for such terms as the Board determines. The Vice
Chairman shall perform the duties of the Chairman in his absence.
(h) Appointment, functions, etc., of committees; membership
(1) The Board may appoint such committees, and assign to the committees such functions, as may
be appropriate to assist the Board in carrying out its duties under this chapter. Members of such
committees may include the members of the Board or such other qualified individuals as the Board
may select.
(2) Any employee or officer of the Federal Government may serve as a member of a committee
created by the Board, but may not receive compensation for services performed for such a
committee.
(i) Bylaws and regulations; contents; transmittal to Congress
The Board shall establish such bylaws and other regulations as may be appropriate to enable the
Board to carry out its functions under this chapter. Such bylaws and other regulations shall include
provisions to prevent any conflict of interest, or the appearance of any conflict of interest, in the
procurement and employment actions taken by the Board or by any officer or employee of the Board.
Such bylaws shall include appropriate fiscal control, funds accountability, and operating principles to
ensure compliance with the provisions of section 806 of this title. A copy of such bylaws shall be
transmitted to each House of Congress not later than 90 days after November 25, 1985, and not later
than 10 days after any subsequent amendment or revision of such bylaws.
(j) Removal from Board
Any member of the Board who fails to attend 4 consecutive Board meetings scheduled pursuant to
the bylaws of the Board and for which proper notice has been given under such bylaws, or to send a
designee of such member (approved in advance by the Board under provisions of its bylaws), is, by
operation of this subsection, removed, for cause, from the Board as of the date of the last meeting
from which they are absent. The Chairman of the Board shall take such steps as are necessary to
inform members who have 3 absences of this subsection. The Chairman shall notify the House and
the Senate, including the appropriate committees of each body, whenever there is a vacancy created
by the operation of this subsection.
(Pub. L. 96–114, title I, §103, formerly §4, Nov. 16, 1979, 93 Stat. 852; Pub. L. 98–33, §1, May 25,
1983, 97 Stat. 194; Pub. L. 99–161, §§2, 4(d), (e), Nov. 25, 1985, 99 Stat. 934, 935; Pub. L.
100–674, §2(b), Nov. 17, 1988, 102 Stat. 3996; Pub. L. 101–525, §§4–6, Nov. 6, 1990, 104 Stat.
2305, 2306; Pub. L. 106–63, §1(b), Oct. 1, 1999, 113 Stat. 510; renumbered title I, §103, and
amended Pub. L. 106–533, §1(b)(1), (2), (5), Nov. 22, 2000, 114 Stat. 2553, 2554; Pub. L. 109–143, | §803. Board organization | 1985-11-25T00:00:00 | 08ed7076cd4193c25e9f47be590e5541a4e3c6b0ec4599d6654faf46bafe4619 |
US House of Representatives | 2, 19, §804 | (a) Director; status; appointment and term; removal
In the administration of the Congressional Award Program, the Board shall be assisted by a
Director, who shall be the principal executive of the program and who shall supervise the affairs of
the Board. The Director shall be appointed by a majority vote of the Board, and shall serve for such
term as the Board may determine. The Director may be removed by a majority vote of the Board.
(b) Functions of Director
The Director shall, in consultation with the Board—
(1) formulate programs to carry out the policies of the Congressional Award Program;
(2) establish such divisions within the Congressional Award Program as may be appropriate;
and
(3) employ and provide for the compensation of such personnel as may be necessary to carry
out the Congressional Award Program, subject to such policies as the Board shall prescribe under
its bylaws.
(c) Requirements regarding financial operations; noncompliance with requirements
(1) The Director shall, in consultation with the Board, ensure that appropriate policies and
procedures for fiscal control and accounting are established for the financial operations of the
Congressional Award Program, and that such operations are administered by personnel with
expertise in accounting and financial management. Such personnel may be retained under contract.
In carrying out this paragraph, the Director shall ensure that the liabilities of the Board do not in any
fiscal year exceed the assets of the Board.
(2)(A) The independent public accountant conducting the annual audit of the financial records of
the Board pursuant to section 807(a) of this title shall determine for each fiscal year whether the
Director has substantially complied with paragraph (1). The findings made by the independent public
accountant under the preceding sentence shall be included in the reports submitted under section
807(b) of this title.
(B) If the Director fails to substantially comply with paragraph (1), the Board shall instruct the
Director to take such actions as may be necessary to correct such deficiencies, and shall remove and
replace the Director if such deficiencies are not promptly corrected.
(Pub. L. 96–114, title I, §104, formerly §5, Nov. 16, 1979, 93 Stat. 853; Pub. L. 102–457, §2, Oct.
23, 1992, 106 Stat. 2265; Pub. L. 104–208, div. A, title V, §5401(a), Sept. 30, 1996, 110 Stat.
3009–511; Pub. L. 106–63, §1(c), Oct. 1, 1999, 113 Stat. 510; renumbered title I, §104, Pub. L.
106–533, §1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 109–143, §1(a), (c)(2), Dec. 22, 2005,
119 Stat. 2659; Pub. L. 111–200, §2(c), July 7, 2010, 124 Stat. 1369; Pub. L. 113–188, title IX, | §804. Administration | 2010-07-07T00:00:00 | ecd73ab6fde7d698c5abf70602bc53797f4e6be64a04fe876372a7ee3ef5e8fd |
US House of Representatives | 2, 19, §805 | Regional award directors may be appointed by the Board, upon recommendation of the Director,
for any State or other appropriate geographic area of the United States. The Director shall make such
recommendations with respect to a State or geographic area only after soliciting recommendations
regarding such appointments from public and private youth organizations within such State or
geographic area.
(Pub. L. 96–114, title I, §105, formerly §6, Nov. 16, 1979, 93 Stat. 853; renumbered title I, §105,
Pub. L. 106–533, §1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553.) | §805. Regional award directors of program; appointment criteria | 2024-07-12T00:00:00 | d074ab362501b51b50a13f60a45cde11309a096e9b0d7bcc2a80b2b224214889 |
US House of Representatives | 2, 19, §806 | (a) General operating and expenditure authority
Subject to such limitations as may be provided for under this section, the Board may take such
actions and make such expenditures as may be necessary to carry out the Congressional Award
Program, except that—
(1) the Board shall carry out its functions and make expenditures with—
(A) such resources as are available to the Board from sources other than the Federal
Government; and
(B) funds awarded in any grant program administered by a Federal agency in accordance with
the law establishing that grant program.
(2) the Board shall not take any actions which would disqualify the Board from treatment (for
tax purposes) as an organization described in section 501(c)(3) of title 26.
(b) Mandatory functions
(1) The Board shall establish such functions and procedures as may be necessary to carry out the
provisions of this chapter.
(2) The functions established by the Board under paragraph (1) shall include—
(A) communication with local Congressional Award Councils concerning the Congressional
Award Program;
[Release Point 118-70]
(B) provision, upon the request of any local Congressional Award Council, of such technical
assistance as may be necessary to assist such council with its responsibilities, including the
provision of medals, the preparation and provision of applications, guidance on disposition of
applications, arrangements with respect to local award ceremonies, and other responsibilities of
such council;
(C) conduct of outreach activities to establish new local Congressional Award Councils,
particularly in inner-city areas and rural areas;
(D) in addition to those activities authorized under subparagraph (C), conduct of outreach
activities to encourage, where appropriate, the establishment and development of Statewide
Congressional Award Councils;
(E) fundraising;
(F) conduct of an annual Gold Medal Awards ceremony in the District of Columbia;
(G) consideration of implementation of the provisions of this chapter relating to scholarships;
and
(H) carrying out of duties relating to management of the national office of the Congressional
Award Program, including supervision of office personnel and of the office budget.
(c) Statewide Congressional Award Councils; establishment, purposes, duties, etc.
(1) In carrying out its functions with respect to Statewide Congressional Award Councils
(hereinafter in this subsection referred to as Statewide Councils) under subsection (b), the Board
shall develop guidelines, criteria, and standards for the formation of Statewide Councils. In order to
create a Statewide Council, Members of Congress and Senators from each respective State are
encouraged to work jointly with the Board.
(2) The establishment of Statewide Councils is intended to—
(A) facilitate expanded public participation and involvement in the program; and
(B) promote greater opportunities for involvement by members of the State congressional
delegation.
(3) The duties and responsibilities of each Statewide Council established pursuant to this section
shall include, but not be limited to, the following:
(A) promoting State and local awareness of the Congressional Award Program;
(B) review of participant records and activities;
(C) review and verification of information on, and recommendation of, candidates to the
national board for approval;
(D) planning and organization of bronze and silver award ceremonies;
(E) assisting gold award recipients with travel to and from the national gold award ceremony;
and
(F) designation of a Statewide coordinator to serve as a liaison between the State and local
boards and the national board.
(4) Each Statewide Council established under this section may receive contributions, and use such
contributions for the purposes of the Program. The Board shall adopt appropriate financial
management methods in order to ensure the proper accounting of these funds. Each Statewide
Council shall comply with subsections (a), (d), (e), and (h) governing the Board.
(5) Each Statewide Council established pursuant to this section shall comply with the standard
charter requirements of the national board of directors.
(d) Contracting authority
The Board may enter into and perform such contracts as may be appropriate to carry out its
business, but the Board may not enter into any contract which would obligate the Board to expend an
amount greater than the amount available to the Board for the purpose of such contract during the
fiscal year in which the expenditure is to be made.
(e) Obtaining and acceptance of non-Federal funds and resources; indirect resources
[Release Point 118-70]
(1) Subject to the provisions of paragraph (2), the Board may seek and accept funds and other
resources to carry out its activities. The Board may not accept any funds or other resources which
are—
(A) donated with a restriction on their use unless such restriction merely provides that such
funds or other resources be used in furtherance of the Congressional Award Program or a specific
regional or local program or for scholarships; and
(B) donated subject to the condition that the identity of the donor of the funds or resources shall
remain anonymous.
The Board may permit donors to use the name of the Board or the name "Congressional Award
Program" in advertising.
(2) Except as otherwise provided in this chapter, the Board may not receive any Federal funds or
resources. The Board may benefit from in-kind and indirect resources provided by Offices of
Members of Congress or the Congress. Further, the Board is not prohibited from receiving indirect
benefits from efforts or activities undertaken in collaboration with entities which receive Federal
funds or resources.
(f) Acceptance and utilization of services of voluntary, uncompensated personnel
The Board may accept and utilize the services of voluntary, uncompensated personnel.
(g) Lease, etc., of real or personal property
The Board may lease (or otherwise hold), acquire, or dispose of real or personal property
necessary for, or relating to, the duties of the Board.
(h) Fiscal authority
The Board shall have no power—
(1) to issue bonds, notes, debentures, or other similar obligations creating long-term
indebtedness;
(2) to issue any share of stock or to declare or pay any dividends; or
(3) to provide for any part of the income or assets of the Board to inure to the benefit of any
director, officer, or employee of the Board except as reasonable compensation for services or
reimbursement for expenses.
(i) Congressional Award Foundation
(1) The Board shall provide for the incorporation of a nonprofit corporation to be known as the
Congressional Award Foundation (together with any subsidiary nonprofit corporations determined
desirable by the Board, collectively referred to in this subchapter as the "Corporation") for the sole
purpose of assisting the Board to carry out the Congressional Award Program, and shall delegate to
the Corporation such duties as it considers appropriate, including the employment of personnel,
expenditure of funds, and the incurrence of financial or other contractual obligations.
(2) The articles of incorporation of the Congressional Award Foundation shall provide that—
(A) the members of the Board of Directors of the Foundation shall be the members of the
Board, with up to 24 additional voting members appointed by the Board, and the Director who
shall serve as a nonvoting member; and
(B) the extent of the authority of the Foundation shall be the same as that of the Board.
(3) No director, officer, or employee of any corporation established under this subsection may
receive compensation, travel expenses, or benefits from both the Corporation and the Board.
(Pub. L. 96–114, title I, §106, formerly §7, Nov. 16, 1979, 93 Stat. 854; Pub. L. 99–161, §4(f), Nov.
25, 1985, 99 Stat. 935; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–674, §2(c),
Nov. 17, 1988, 102 Stat. 3996; Pub. L. 101–525, §7, Nov. 6, 1990, 104 Stat. 2306; renumbered title
I, §106, Pub. L. 106–533, §1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 111–200, §2(d)–(g),
July 7, 2010, 124 Stat. 1369.)
[Release Point 118-70]
EDITORIAL NOTES
AMENDMENTS
2010—Subsec. (a)(1). Pub. L. 111–200, §2(d), added par. (1) and struck out former par. (1) which read as
follows: "the Board shall carry out its functions and make expenditures with only such resources as are
available to the Board from sources other than the Federal Government; and".
Subsec. (c)(4). Pub. L. 111–200, §2(e), added par. (4) and struck out former par. (4) which read as follows:
"Each Statewide Council established pursuant to this section is authorized to receive public monetary and
in-kind contributions, which may be made available to local boards to supplement or defray operating
expenses. The Board shall adopt appropriate financial management methods in order to ensure the proper
accounting of these funds."
Subsec. (d). Pub. L. 111–200, §2(f)(1), inserted "to be" after "expenditure is".
Subsec. (e)(1)(A). Pub. L. 111–200, §2(f)(2), inserted "or for scholarships" after "local program".
Subsec. (i). Pub. L. 111–200, §2(g), added subsec. (i) and struck out former subsec. (i) which read as
follows:
"(1) The Board shall provide for the establishment of a private nonprofit corporation for the sole purpose of
assisting the Board to carry out the Congressional Award Program, and shall delegate to the corporation such
duties as it considers appropriate.
"(2) The articles of incorporation of the corporation established under this subsection shall provide that—
"(A) the members of the Board of Directors of the corporation shall be the members of the Board, and
the Director of the corporation shall be the Director of the Board; and
"(B) the extent of the authority of the corporation shall be the same as that of the Board.
"(3) No director, officer, or employee of any corporation established under this subsection may receive
compensation, travel expenses, or benefits from both the corporation and the Board."
1990—Subsec. (a). Pub. L. 101–525, §7(a), which directed the insertion of "(a)" after the section
designation, was not executed in view of existing subsec. (a) designation.
Subsec. (b)(2)(C). Pub. L. 101–525, §7(b)(1)(A), substituted "conduct" for "conducting" and struck out
"State and" after "new".
Subsec. (b)(2)(D), (E). Pub. L. 101–525, §7(b)(1)(B), added subpar. (D) and redesignated former subpar.
(D) as (E). Former subpar. (E) redesignated (F).
Subsec. (b)(2)(F). Pub. L. 101–525, §7(b)(1)(B), (C), redesignated subpar. (E) as (F) and substituted
"conduct" for "conducting". Former subpar. (F) redesignated (G).
Subsec. (b)(2)(G), (H). Pub. L. 101–525, §7(b)(1)(B), redesignated subpars. (F) and (G) as (G) and (H),
respectively.
Subsecs. (c), (d). Pub. L. 101–525, §7(b)(2), added subsec. (c). Former subsecs. (c) and (d) redesignated (d)
and (e), respectively.
Subsec. (e). Pub. L. 101–525, §7(b)(2), (c), redesignated subsec. (d) as (e) and amended it generally. Prior
to amendment, subsec. (e) read as follows: "The Board may seek and accept, from sources other than the
Federal Government, funds and other resources to carry out its activities. The Board may not accept any funds
or other resources which are—
"(1) donated with a restriction on their use unless such restriction merely provides that such funds or
other resources be used in furtherance of the Congressional Award Program; or
"(2) donated subject to the condition that the identity of the donor of the funds or resources shall
remain anonymous.
The Board may permit donors to use the name of the Board or the name 'Congressional Award Program' in
advertising." Former subsec. (e) redesignated (f).
Subsecs. (f) to (i). Pub. L. 101–525, §7(b)(2), redesignated subsecs. (e) to (h) as (f) to (i), respectively.
1988—Pub. L. 100–674, §2(c)(1), substituted "Powers, functions, and limitations" for "Powers and
limitations of Board" in section catchline.
Subsecs. (b) to (h). Pub. L. 100–674, §2(c)(2), added subsec. (b) and redesignated former subsecs. (b) to (g)
as (c) to (h), respectively.
1986—Subsec. (a)(2). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue
Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text.
1985—Subsec. (c). Pub. L. 99–161 inserted at end "The Board may permit donors to use the name of the
Board or the name 'Congressional Award Program' in advertising." | §806. Powers, functions, and limitations | 2010-07-07T00:00:00 | ff03c418ed93fdbb29dc9dc23cf729ffabaf74f6cf677ae94c789aae3d200c53 |
US House of Representatives | 2, 19, §807 | [Release Point 118-70]
(a) Contracts with independent public accountant
The Board shall enter into a contract with an independent public accountant to conduct an annual
audit in accordance with generally accepted government auditing standards, of the financial records
of the Board and of any corporation established under section 806(i) of this title, and shall ensure
that the independent public accountant has access for the purpose of the audit to any books,
documents, papers, and records of the Board or such corporation (or any agent of the Board or such
corporation) which the independent public accountant reasonably determines to be pertinent to the
Congressional Award Program.
(b) Annual report to Congress on audit results
Not later than May 15 of each calendar year, the Board shall submit to appropriate officers,
committees, and subcommittees of Congress and to the Comptroller General of the United States a
report on the results of the most recent audit conducted pursuant to this section, and shall include in
the report information on any such additional areas as the independent public accountant who
conducted the audit determines deserve or require evaluation.
(c) Review by the Comptroller General of annual audit
(1) The Comptroller General of the United States shall review each annual audit conducted under
subsection (a).
(2) For purposes of a review under paragraph (1), the Comptroller General, or any duly authorized
representative of the Comptroller General, shall have access to any books, documents, papers, and
records of the Board or such corporation, or any agent of the Board or such corporation, including
the independent external auditor designated under subsection (a), which, in the opinion of the
Comptroller General, may be pertinent.
(3) Not later than 180 days after the date on which the Comptroller General receives a report under
subsection (b), the Comptroller General shall submit to Congress a report containing the results of
the review conducted under paragraph (1) with respect to the preceding year.
(Pub. L. 96–114, title I, §107, formerly §8, Nov. 16, 1979, 93 Stat. 855; Pub. L. 99–161, §4(g), Nov.
25, 1985, 99 Stat. 935; Pub. L. 100–674, §2(e), Nov. 17, 1988, 102 Stat. 3998; Pub. L. 101–525, §8,
Nov. 6, 1990, 104 Stat. 2308; renumbered title I, §107, Pub. L. 106–533, §1(b)(1), (2), Nov. 22,
2000, 114 Stat. 2553; Pub. L. 113–188, title IX, §902(c)(1), Nov. 26, 2014, 128 Stat. 2021.)
EDITORIAL NOTES
AMENDMENTS
2014—Pub. L. 113–188 amended section generally. Prior to amendment, section related to annual audits
and reports by the Comptroller General.
1990—Subsec. (a). Pub. L. 101–525, §8(1), substituted "section 806(i) of this title" for "section 806(h) of
this title" and "annually" for "at least biennially".
Subsec. (b). Pub. L. 101–525, §8(2), added subsec. (b) and struck out former subsec. (b) which required
audit to assess adequacy of fiscal control and funds accountability procedures and propriety of expenses.
Subsecs. (c), (d). Pub. L. 101–525, §8(2), struck out subsec. (c) which required the Comptroller General to
include in report on first audit performed after Nov. 25, 1985, an evaluation of programs and activities under
this chapter and specified contents of such evaluation, and subsec. (d) which directed that report on first audit
performed after Nov. 25, 1985, was to be submitted on or before May 15, 1988.
1988—Subsec. (a). Pub. L. 100–674 substituted "section 806(h)" for "section 806(g)".
1985—Pub. L. 99–161, §4(g)(1), inserted "and evaluation" after "Audits" in section catchline.
Subsec. (a). Pub. L. 99–161, §4(g)(2)–(4), designated existing provisions as subsec. (a), substituted "shall
be audited at least biennially" for "may be audited", and struck out "at such times as the Comptroller General
may determine to be appropriate" after "referred to as the 'Comptroller General')".
Subsecs. (b) to (d). Pub. L. 99–161, §4(g)(5), added subsecs. (b) to (d).
STATUTORY NOTES AND RELATED SUBSIDIARIES
[Release Point 118-70]
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–188 effective Oct. 1, 2014, see section 902(c)(3) of Pub. L. 113–188, set out as
a note under section 804 of this title. | §807. Audits | 1988-05-15T00:00:00 | 185424004f852f9903d82688bf6c782c22867fdfe026dd60c1b21eb56208b7b1 |
US House of Representatives | 2, 19, §808 | The Board shall terminate October 1, 2023.
(Pub. L. 96–114, title I, §108, formerly §9, Nov. 16, 1979, 93 Stat. 855; Pub. L. 99–161, §3, Nov. 25,
1985, 99 Stat. 934; Pub. L. 100–674, §2(d), Nov. 17, 1988, 102 Stat. 3997; Pub. L. 101–525, §2(a),
Nov. 6, 1990, 104 Stat. 2305; Pub. L. 102–457, §3, Oct. 23, 1992, 106 Stat. 2266; Pub. L. 104–208,
div. A, title V, §5401(b), Sept. 30, 1996, 110 Stat. 3009–511; Pub. L. 106–63, §1(d), Oct. 1, 1999,
113 Stat. 510; renumbered title I, §108, Pub. L. 106–533, §1(b)(1), (2), Nov. 22, 2000, 114 Stat.
2553; Pub. L. 109–143, §1(b)(1), Dec. 22, 2005, 119 Stat. 2659; Pub. L. 111–200, §2(h)(1), July 7,
2010, 124 Stat. 1370; Pub. L. 113–43, §2, Oct. 4, 2013, 127 Stat. 554; Pub. L. 115–268, §2(a), Oct.
11, 2018, 132 Stat. 3762.)
EDITORIAL NOTES
AMENDMENTS
2018—Pub. L. 115–268 substituted "October 1, 2023" for "October 1, 2018".
2013—Pub. L. 113–43 substituted "October 1, 2018" for "October 1, 2013".
2010—Pub. L. 111–200 substituted "October 1, 2013" for "October 1, 2009".
2005—Pub. L. 109–143 substituted "October 1, 2009" for "October 1, 2004".
1999—Pub. L. 106–63 substituted "October 1, 2004" for "October 1, 1999".
1996—Pub. L. 104–208 substituted "1999" for "1995".
1992—Pub. L. 102–457 substituted "1995" for "1992".
1990—Pub. L. 101–525 amended section generally, substituting present provision for provisions which
had: in subsec. (a) directed that the Board terminate on Nov. 15, 1989; in subsec. (b) provided for alternative
termination dates; in subsec. (c) required reports to Congress; in subsecs. (d) and (e) required certification of
compliance and verification of information, respectively; and in subsec. (f) mandated dissolution of
corporations established by the Board prior to its termination.
1988—Pub. L. 100–674 amended section generally. Prior to amendment, section read as follows: "The
Board shall terminate on November 16, 1988. Upon termination of the Board, the Board shall take such
actions as may be required to provide for the dissolution of any corporation established by the Board under
section 806(g) of this title. The Board shall set forth, in its bylaws, the procedures for dissolution to be
followed by the Board."
1985—Pub. L. 99–161 substituted "on November 16, 1988" for "six years after November 16, 1979".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT
Pub. L. 115–268, §2(b), Oct. 11, 2018, 132 Stat. 3762, provided that: "The amendment made by subsection
(a) [amending this section] shall take effect on October 1, 2018."
EFFECTIVE DATE OF 2013 AMENDMENT
Pub. L. 113–43, §3, Oct. 4, 2013, 127 Stat. 554, provided that: "This Act [amending this section and
enacting provisions set out as a note under section 801 of this title] shall take effect as of October 1, 2013."
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–200, §2(h)(2), July 7, 2010, 124 Stat. 1370, provided that: "This subsection [amending this
section] shall take effect as of October 1, 2009."
SAVINGS PROVISION
Pub. L. 109–143, §1(b)(2), Dec. 22, 2005, 119 Stat. 2659, provided that: "During the period of October 1,
2004, through the date of the enactment of this section [Dec. 22, 2005], all actions and functions of the
[Release Point 118-70]
John Heinz Competitive Excellence Award.
831.
Sec.
Congressional Award Board under the Congressional Award Act (2 U.S.C. 801 et seq.) shall have the same
effect as though no lapse or termination of the Board ever occurred."
Pub. L. 104–208, div. A, title V, §5401(c), Sept. 30, 1996, 110 Stat. 3009–511, provided that: "During the
period of October 1, 1995, through the date of the enactment of this section [Sept. 30, 1996], all actions and
functions of the Congressional Award Board under the Congressional Award Act [2 U.S.C. 801 et seq.] shall
have the same effect as though no lapse or termination of the Congressional Award Board ever occurred."
Pub. L. 101–525, §2(b), Nov. 6, 1990, 104 Stat. 2305, provided that: "During the period of October 1, 1990,
through the date of the enactment of this section [Nov. 6, 1990], all actions and functions of the Congressional
Award Board under the Congressional Award Act (2 U.S.C. 801 et seq.) shall have the same effect as though
no lapse or termination of the Board ever occurred."
SUBCHAPTER II—CONGRESSIONAL RECOGNITION FOR EXCELLENCE
IN ARTS EDUCATION
§§811 to 817c. Omitted
EDITORIAL NOTES
CODIFICATION
Sections were omitted pursuant to section 817b of this title which provided that the Congressional
Recognition for Excellence in Arts Education Awards Board terminated 6 years after November 22, 2000.
Section 811, Pub. L. 96–114, title II, §202, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2545,
related to findings of Congress.
Section 812, Pub. L. 96–114, title II, §203, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2546;
amended Pub. L. 114–95, title IX, §9215(u), Dec. 10, 2015, 129 Stat. 2171, related to definitions of terms in
subchapter.
Section 813, Pub. L. 96–114, title II, §204, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2546,
related to the establishment of the Board.
Section 814, Pub. L. 96–114, title II, §205, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2546,
related to the duties of the Board.
Section 815, Pub. L. 96–114, title II, §206, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2549,
related to the composition of the Board and the establishment of an Advisory Board.
Section 816, Pub. L. 96–114, title II, §207, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2551,
related to the administration of the Congressional Recognition for Excellence in Arts Awards Program.
Section 817, Pub. L. 96–114, title II, §208, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2551,
related to limitations on Board's authority.
Section 817a, Pub. L. 96–114, title II, §209, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat.
2552, related to audits.
Section 817b, Pub. L. 96–114, title II, §210, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat.
2552, terminated the Board 6 years after Nov. 22, 2000.
Section 817c, Pub. L. 96–114, title II, §211, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat.
2552, related to the Congressional Recognition for Excellence in Arts Education Awards Trust Fund.
CHAPTER 19A—JOHN HEINZ COMPETITIVE EXCELLENCE AWARD | §808. Termination | 2000-11-22T00:00:00 | 2b470e47315e3c4452678e0a31d292c72ed13cef275281da582b66c599449d95 |
US House of Representatives | 2, 19, §831 | (a) Establishment
[Release Point 118-70]
There is hereby established the John Heinz Competitive Excellence Award, which shall be
evidenced by a national medal bearing the inscription "John Heinz Competitive Excellence Award".
The medal, to be minted by the United States Mint and provided to the Congress, shall be of such
design and bear such additional inscriptions as the Secretary of the Treasury may prescribe, in
consultation with the Majority and Minority Leaders of the Senate, the Speaker and the Minority
Leader of the House of Representatives, and the family of Senator John Heinz. The medal shall be—
(1) three inches in diameter; and
(2) made of bronze obtained from recycled sources.
(b) Award categories
(1) In general
Two separate awards may be given under this section in each year. One such award may be
given to a qualifying individual (including employees of any State or local government, or the
Federal Government), and 1 such award may be given to a qualifying organization, institution, or
business.
(2) Limitation
No award shall be made under this section to an entity in either category described in paragraph
(1) in any year if there is no qualified individual, organization, institution, or business
recommended under subsection (c) for an award in such category in that year.
(c) Qualification criteria for award
(1) Selection panel
A selection panel shall be established, comprised of a total of 8 persons, including—
(A) 2 persons appointed by the Majority Leader of the Senate;
(B) 2 persons appointed by the Minority Leader of the Senate;
(C) 2 persons appointed by the Speaker of the House of Representatives; and
(D) 2 persons appointed by the Minority Leader of the House of Representatives.
(2) Qualification
An individual, organization, institution, or business may qualify for an award under this section
only if such individual, organization, institution, or business—
(A) is nominated to the Majority or Minority Leader of the Senate or to the Speaker or the
Minority Leader of the House of Representatives by a member of the Senate or the House of
Representatives;
(B) permits a rigorous evaluation by the Office of Technology Assessment of the way in
which such individual, organization, institution, or business has demonstrated excellence in
promoting United States industrial competitiveness; and
(C) meets such other requirements as the selection panel determines to be appropriate to
achieve the objectives of this section.
(3) Evaluation
An evaluation of each nominee shall be conducted by the Office of Technology Assessment.
The Office of Technology Assessment shall work with the selection panel to establish appropriate
procedures for evaluating nominees.
(4) Panel review
The selection panel shall review the Office of Technology Assessment's evaluation of each
nominee and may, based on those evaluations, recommend 1 award winner for each year for each
category described in subsection (b)(1) to the Majority and Minority Leaders of the Senate and the
Speaker and the Minority Leader of the House of Representatives.
(d) Presentation of award
(1) In general
The Majority and Minority Leaders of the Senate and the Speaker and the Minority Leader of
[Release Point 118-70]
Transferred.
921.
Repealed.
908, 909.
Special reconciliation process.
907d.
Flexibility among defense programs, projects, and activities.
907c.
Modification of Presidential order.
907b.
Suspension in event of war or low growth.
907a.
The baseline.
907.
General and special sequestration rules.
906.
Exempt programs and activities.
905.
Reports and orders.
904.
Enforcing deficit targets.
903.
Enforcing pay-as-you-go.
902.
Enforcement of budget goal.
901a.
Enforcing discretionary spending limits.
901.
Statement of budget enforcement through sequestration; definitions.
900.
Sec.
the House of Representatives shall make the award to an individual and an organization,
institution, or business that has demonstrated excellence in promoting United States industrial
competitiveness in the international marketplace through technological innovation, productivity
improvement, or improved competitive strategies.
(2) Ceremonies
The presentation of an award under this section shall be made by the Majority and Minority
Leaders of the Senate and the Speaker and the Minority Leader of the House of Representatives,
with such ceremonies as they may deem proper.
(3) Publicity
An individual, organization, institution, or business to which an award is made under this
section may publicize its receipt of such award and use the award in its advertising, but it shall be
ineligible to receive another award in the same category for a period of 5 years.
(e) Publication of evaluations
(1) Summary of evaluations
The Office of Technology Assessment shall ensure that all nominees receive a detailed
summary of any evaluation conducted of such nominee under subsection (c).
(2) Summary of competitiveness strategy
The Office of Technology Assessment shall also make available to all nominees and the public
a summary of each award winner's competitiveness strategy. Proprietary information shall not be
included in any such summary without the consent of the award winner.
(f) Reimbursement of costs
The Majority and Minority Leaders of the Senate and the Speaker and the Minority Leader of the
House of Representatives are authorized to seek and accept gifts from public and private sources to
defray the cost of implementing this section. | §831. John Heinz Competitive Excellence Award | 2024-07-12T00:00:00 | ca63e9e8d99bcf03c387d87c7507698f8a3010caf97f1fb8fef6762532119f53 |
US House of Representatives | 2, 20, §900 | (a) Omitted
(b) General statement of budget enforcement through sequestration
This subchapter provides for budget enforcement as called for in House Concurrent Resolution 84
(105th Congress, 1st session).
(c) Definitions
As used in this subchapter:
(1) The terms "budget authority", "new budget authority", "outlays", and "deficit" have the
meanings given to such terms in section 3 of the Congressional Budget and Impoundment Control
Act of 1974 [2 U.S.C. 622] and "discretionary spending limit" shall mean the amounts specified in
section 901 of this title.
(2) The terms "sequester" and "sequestration" refer to or mean the cancellation of budgetary
resources provided by discretionary appropriations or direct spending law.
(3) The term "breach" means, for any fiscal year, the amount (if any) by which new budget
authority or outlays for that year (within a category of discretionary appropriations) is above that
category's discretionary spending limit for new budget authority or outlays for that year, as the
case may be.
(4)(A) The term "nonsecurity category" means all discretionary appropriations not included in
the security category defined in subparagraph (B).
(B) The term "security category" includes discretionary appropriations associated with agency
budgets for the Department of Defense, the Department of Homeland Security, the Department of
Veterans Affairs, the National Nuclear Security Administration, the intelligence community
management account (95–0401–0–1–054), and all budget accounts in budget function 150
(international affairs).
(C) The term "discretionary category" includes all discretionary appropriations.
(D) The term "revised security category" means discretionary appropriations in budget function
050.
(E) The term "revised nonsecurity category" means discretionary appropriations other than in
budget function 050.
(F) The term "category" means the subsets of discretionary appropriations in section 901(c) of
this title. Discretionary appropriations in each of the categories shall be those designated in the
joint explanatory statement accompanying the conference report on the Balanced Budget Act of
1997. New accounts or activities shall be categorized only after consultation with the Committees
on Appropriations and the Budget of the House of Representatives and the Senate and that
consultation shall, to the extent practicable, include written communication to such committees
that affords such committees the opportunity to comment before official action is taken with
respect to new accounts or activities.
(5) The term "baseline" means the projection (described in section 907 of this title) of
current-year levels of new budget authority, outlays, receipts, and the surplus or deficit into the
budget year and the outyears.
(6) The term "budgetary resources" means new budget authority, unobligated balances, direct
spending authority, and obligation limitations.
(7) The term "discretionary appropriations" means budgetary resources (except to fund
direct-spending programs) provided in appropriation Acts.
[Release Point 118-70]
(8) The term "direct spending" means—
(A) budget authority provided by law other than appropriation Acts;
(B) entitlement authority; and
(C) the Supplemental Nutrition Assistance Program.
(9) The term "current" means, with respect to OMB estimates included with a budget
submission under section 1105(a) of title 31, the estimates consistent with the economic and
technical assumptions underlying that budget and with respect to estimates made after that budget
submission that are not included with it, estimates consistent with the economic and technical
assumptions underlying the most recently submitted President's budget.
(10) The term "real economic growth", with respect to any fiscal year, means the growth in the
gross national product during such fiscal year, adjusted for inflation, consistent with Department
of Commerce definitions.
(11) The term "account" means an item for which appropriations are made in any appropriation
Act and, for items not provided for in appropriation Acts, such term means an item for which there
is a designated budget account identification code number in the President's budget.
(12) The term "budget year" means, with respect to a session of Congress, the fiscal year of the
Government that starts on October 1 of the calendar year in which that session begins.
(13) The term "current year" means, with respect to a budget year, the fiscal year that
immediately precedes that budget year.
(14) The term "outyear" means a fiscal year one or more years after the budget year.
(15) The term "OMB" means the Director of the Office of Management and Budget.
(16) The term "CBO" means the Director of the Congressional Budget Office.
(17) As used in this subchapter, all references to entitlement authority shall include the list of
mandatory appropriations included in the joint explanatory statement of managers accompanying
the conference report on the Balanced Budget Act of 1997.
(18) The term "deposit insurance" refers to the expenses of the Federal deposit insurance
agencies, and other Federal agencies supervising insured depository institutions, resulting from
full funding of, and continuation of, the deposit insurance guarantee commitment in effect under
current estimates.
(19) The term "asset sale" means the sale to the public of any asset (except for those assets
covered by title V of the Congressional Budget Act of 1974 [2 U.S.C. 661 et seq.]), whether
physical or financial, owned in whole or in part by the United States.
(20) The term "emergency" means a situation that—
(A) requires new budget authority and outlays (or new budget authority and the outlays
flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or
a threat to national security; and
(B) is unanticipated.
(21) The term "unanticipated" means that the underlying situation is—
(A) sudden, which means quickly coming into being or not building up over time;
(B) urgent, which means a pressing and compelling need requiring immediate action;
(C) unforeseen, which means not predicted or anticipated as an emerging need; and
(D) temporary, which means not of a permanent duration.
(Pub. L. 99–177, title II, §250, as added Pub. L. 101–508, title XIII, §13101(a), Nov. 5, 1990, 104
Stat. 1388–574, and Pub. L. 99–177, title II, §250(c)(21), formerly §257(12), as added Pub. L.
100–119, title I, §102(b)(7), Sept. 29, 1987, 101 Stat. 774, renumbered §250(c)(21), Pub. L.
101–508, title XIII, §13101(b), Nov. 5, 1990, 104 Stat. 1388–589; amended Pub. L. 105–33, title X,
§§10202, 10204(a)(2), 10208(a)(2), Aug. 5, 1997, 111 Stat. 697, 702, 708; Pub. L. 105–178, title
VIII, §8101(c), (f), June 9, 1998, 112 Stat. 489; Pub. L. 105–206, title IX, §9013(b), July 22, 1998,
112 Stat. 865; Pub. L. 106–291, title VIII, §801(c), Oct. 11, 2000, 114 Stat. 1028; Pub. L. 108–88, | §900. Statement of budget enforcement through sequestration; definitions | 1998-07-22T00:00:00 | bf5af42592b35152a1718f71b58f186c6c1390107b92f6cadeefd839d9a2d936 |
US House of Representatives | 2, 20, §901 | (a) Enforcement
(1) Sequestration
Within 15 calendar days after Congress adjourns to end a session there shall be a sequestration
to eliminate a budget-year breach, if any, within any category.
(2) Eliminating a breach
Each non-exempt account within a category shall be reduced by a dollar amount calculated by
multiplying the enacted level of sequestrable budgetary resources in that account at that time by
the uniform percentage necessary to eliminate a breach within that category.
(3) Military personnel
If the President uses the authority to exempt any personnel account from sequestration under
section 905(f) of this title, each account within subfunctional category 051 (other than those
military personnel accounts for which the authority provided under section 905(f) of this title has
been exercised) shall be further reduced by a dollar amount calculated by multiplying the enacted
level of non-exempt budgetary resources in that account at that time by the uniform percentage
necessary to offset the total dollar amount by which outlays are not reduced in military personnel
accounts by reason of the use of such authority.
(4) Part-year appropriations
If, on the date specified in paragraph (1), there is in effect an Act making or continuing
appropriations for part of a fiscal year for any budget account, then the dollar sequestration
calculated for that account under paragraphs (2) and (3) shall be subtracted from—
(A) the annualized amount otherwise available by law in that account under that or a
subsequent part-year appropriation; and
(B) when a full-year appropriation for that account is enacted, from the amount otherwise
provided by the full-year appropriation for that account.
(5) Look-back
If, after June 30, an appropriation for the fiscal year in progress is enacted that causes a breach
within a category for that year (after taking into account any sequestration of amounts within that
category), the discretionary spending limits for that category for the next fiscal year shall be
reduced by the amount or amounts of that breach.
(6) Within-session sequestration
If an appropriation for a fiscal year in progress is enacted (after Congress adjourns to end the
session for that budget year and before July 1 of that fiscal year) that causes a breach within a
category for that year (after taking into account any prior sequestration of amounts within that
category), 15 days later there shall be a sequestration to eliminate that breach within that category
following the procedures set forth in paragraphs (2) through (4).
(7) Estimates
(A) CBO estimates
As soon as practicable after Congress completes action on any discretionary appropriation,
CBO, after consultation with the Committees on the Budget of the House of Representatives
and the Senate, shall provide OMB with an estimate of the amount of discretionary new budget
authority and outlays for the current year, if any, and the budget year provided by that
legislation.
(B) OMB estimates and explanation of differences
[Release Point 118-70]
Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the
date of enactment of any discretionary appropriation, OMB shall transmit a report to the House
of Representatives and to the Senate containing both the CBO and OMB estimates of the
amount of discretionary new budget authority for the current year, if any, and the budget year
provided by that legislation, and an explanation of any difference between the 2 estimates. If
during the preparation of the report OMB determines that there is a significant difference
between OMB and CBO, OMB shall consult with the Committees on the Budget of the House
of Representatives and the Senate regarding that difference and that consultation shall include,
to the extent practicable, written communication to those committees that affords such
committees the opportunity to comment before the issuance of the report.
(C) Assumptions and guidelines
OMB estimates under this paragraph shall be made using current economic and technical
assumptions. OMB shall use the OMB estimates transmitted to the Congress under this
paragraph. OMB and CBO shall prepare estimates under this paragraph in conformance with
scorekeeping guidelines determined after consultation among the Committees on the Budget of
the House of Representatives and the Senate, CBO, and OMB.
(D) Annual appropriations
For purposes of this paragraph, amounts provided by annual appropriations shall include any
discretionary appropriations for the current year, if any, and the budget year in accounts for
which funding is provided in that legislation that result from previously enacted legislation.
(b) Adjustments to discretionary spending limits
(1) Concepts and definitions
When the President submits the budget under section 1105 of title 31, OMB shall calculate and
the budget shall include adjustments to discretionary spending limits (and those limits as
cumulatively adjusted) for the budget year and each outyear to reflect changes in concepts and
definitions. Such changes shall equal the baseline levels of new budget authority and outlays using
up-to-date concepts and definitions, minus those levels using the concepts and definitions in effect
before such changes. Such changes may only be made after consultation with the Committees on
Appropriations and the Budget of the House of Representatives and the Senate, and that
consultation shall include written communication to such committees that affords such committees
the opportunity to comment before official action is taken with respect to such changes.
(2) Sequestration reports
When OMB submits a sequestration report under section 904(e), (f), or (g) of this title for a
fiscal year, OMB shall calculate, and the sequestration report and subsequent budgets submitted
by the President under section 1105(a) of title 31 shall include adjustments to discretionary
1
spending limits (and those limits as adjusted) for the fiscal year and each succeeding year, as
follows:
(A) Emergency appropriations; overseas contingency operations/global war on terrorism
If, for any fiscal year, appropriations for discretionary accounts are enacted that—
(i) the Congress designates as emergency requirements in statute on an account by account
basis and the President subsequently so designates, or
(ii) the Congress designates for Overseas Contingency Operations/Global War on
Terrorism in statute on an account by account basis and the President subsequently so
designates,
the adjustment shall be the total of such appropriations in discretionary accounts designated as
emergency requirements or for Overseas Contingency Operations/Global War on Terrorism, as
applicable.
(B) Continuing disability reviews and redeterminations
[Release Point 118-70]
(i) If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies
an amount for continuing disability reviews under titles II and XVI of the Social Security Act
[42 U.S.C. 401 et seq., 1381 et seq.], for the cost associated with conducting redeterminations
of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability
investigation units, and for the cost associated with the prosecution of fraud in the programs and
operations of the Social Security Administration by Special Assistant United States Attorneys,
then the adjustments for that fiscal year shall be the additional new budget authority provided in
that Act for such expenses for that fiscal year, but shall not exceed—
(I) for fiscal year 2012, $623,000,000 in additional new budget authority;
(II) for fiscal year 2013, $751,000,000 in additional new budget authority;
(III) for fiscal year 2014, $924,000,000 in additional new budget authority;
(IV) for fiscal year 2015, $1,123,000,000 in additional new budget authority;
(V) for fiscal year 2016, $1,166,000,000 in additional new budget authority;
(VI) for fiscal year 2017, $1,546,000,000 in additional new budget authority;
(VII) for fiscal year 2018, $1,462,000,000 in additional new budget authority;
(VIII) for fiscal year 2019, $1,410,000,000 in additional new budget authority;
(IX) for fiscal year 2020, $1,309,000,000 in additional new budget authority;
(X) for fiscal year 2021, $1,302,000,000 in additional new budget authority;
(XI) for fiscal year 2024, $1,578,000,000 in additional new budget authority; and
(XII) for fiscal year 2025, $1,630,000,000 in additional new budget authority.
(ii) As used in this subparagraph—
(I) the term "continuing disability reviews" means continuing disability reviews under
sections 221(i) and 1614(a)(4) of the Social Security Act [42 U.S.C. 421(i), 1382c(a)(4)],
including work-related continuing disability reviews to determine whether earnings derived
from services demonstrate an individual's ability to engage in substantial gainful activity;
(II) the term "redetermination" means redetermination of eligibility under sections
1611(c)(1) and 1614(a)(3)(H) of the Social Security Act [42 U.S.C. 1382(c)(1),
1382c(a)(3)(H)]; and
(III) the term "additional new budget authority" means the amount provided for a fiscal
year, in excess of $273,000,000, in an appropriation Act and specified to pay for the costs of
continuing disability reviews, redeterminations, co-operative disability investigation units,
and fraud prosecutions under the heading "Limitation on Administrative Expenses" for the
Social Security Administration.
(C) Health care fraud and abuse control
(i) If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies
an amount for the health care fraud abuse control program at the Department of Health and
Human Services (75–8393–0–7–571), then the adjustments for that fiscal year shall be the
amount of additional new budget authority provided in that Act for such program for that fiscal
year, but shall not exceed—
(I) for fiscal year 2012, $270,000,000 in additional new budget authority;
(II) for fiscal year 2013, $299,000,000 in additional new budget authority;
(III) for fiscal year 2014, $329,000,000 in additional new budget authority;
(IV) for fiscal year 2015, $361,000,000 in additional new budget authority;
(V) for fiscal year 2016, $395,000,000 in additional new budget authority;
(VI) for fiscal year 2017, $414,000,000 in additional new budget authority;
(VII) for fiscal year 2018, $434,000,000 in additional new budget authority;
(VIII) for fiscal year 2019, $454,000,000 in additional new budget authority;
(IX) for fiscal year 2020, $475,000,000 in additional new budget authority;
(X) for fiscal year 2021, $496,000,000 in additional new budget authority;
(XI) for fiscal year 2024, $604,000,000 in additional new budget authority; and
(XII) for fiscal year 2025, $630,000,000 in additional new budget authority.
[Release Point 118-70]
(ii) As used in this subparagraph, the term "additional new budget authority" means the
amount provided for a fiscal year, in excess of $311,000,000, in an appropriation Act and
specified to pay for the costs of the health care fraud and abuse control program.
(D) Disaster funding
(i) If, for fiscal years 2024 and 2025, appropriations for discretionary accounts are enacted
that Congress designates as being for disaster relief in statute, the adjustment for a fiscal year
shall be the total of such appropriations for the fiscal year in discretionary accounts designated
as being for disaster relief, but not to exceed the total of—
(I) the average over the previous 10 years (excluding the highest and lowest years) of the
sum of the funding provided for disaster relief (as that term is defined on the date
immediately before March 23, 2018);
(II) notwithstanding clause (iv), five percent of the total appropriations provided in the
previous 10 years, net of any rescissions of budget authority enacted in the same period, with
respect to amounts provided for major disasters declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and designated by the
Congress in statute as an emergency; and
(III) the cumulative net total of the unused carryover for fiscal year 2018 and all
subsequent fiscal years, where the unused carryover for each fiscal year is calculated as the
sum of the amounts in subclauses (I) and (II) less the enacted appropriations for that fiscal
year that have been designated as being for disaster relief.
(ii) OMB shall report to the Committees on Appropriations and Budget in each House the
average calculated pursuant to clause (i)(II), not later than 30 days after March 23, 2018.
(iii) For the purposes of this subparagraph, the term "disaster relief" means activities carried
out pursuant to a determination under section 5122(2) of title 42.
(iv) Appropriations considered disaster relief under this subparagraph in a fiscal year shall
not be eligible for adjustments under subparagraph (A) for the fiscal year.
(E) Reemployment services and eligibility assessments
(i) In general
If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies
an amount for grants to States under section 306 of the Social Security Act [42 U.S.C. 506],
then the adjustment for that fiscal year shall be the additional new budget authority provided
in that Act for such grants for that fiscal year, but shall not exceed—
(I) for fiscal year 2018, $0;
(II) for fiscal year 2019, $33,000,000;
(III) for fiscal year 2020, $58,000,000;
(IV) for fiscal year 2021, $83,000,000;
(V) for fiscal year 2024, $265,000,000 in additional new budget authority; and
(VI) for fiscal year 2025, $271,000,000 in additional new budget authority.
(ii) Definition
As used in this subparagraph, the term "additional new budget authority" means the
amount provided for a fiscal year, in excess of $117,000,000, in an appropriation Act and
specified to pay for grants to States under section 306 of the Social Security Act [42 U.S.C.
506].
(F) Wildfire suppression
(i) Additional new budget authority
If, for fiscal years 2020 through 2027, a bill or joint resolution making appropriations for a
fiscal year is enacted that provides an amount for wildfire suppression operations in the
Wildland Fire Management accounts at the Department of Agriculture or the Department of
the Interior, then the adjustments for that fiscal year shall be the amount of additional new
[Release Point 118-70]
budget authority provided in that Act for wildfire suppression operations for that fiscal year,
but shall not exceed—
(I) for fiscal year 2020, $2,250,000,000;
(II) for fiscal year 2021, $2,350,000,000;
(III) for fiscal year 2022, $2,450,000,000;
(IV) for fiscal year 2023, $2,550,000,000;
(V) for fiscal year 2024, $2,650,000,000;
(VI) for fiscal year 2025, $2,750,000,000;
(VII) for fiscal year 2026, $2,850,000,000; and
(VIII) for fiscal year 2027, $2,950,000,000.
(ii) Definitions
In this subparagraph:
(I) Additional new budget authority
The term "additional new budget authority" means the amount provided for a fiscal year
in an appropriation Act that is in excess of the average costs for wildfire suppression
operations as reported in the budget of the President submitted under section 1105(a) of
title 31 for fiscal year 2015 and are specified to pay for the costs of wildfire suppression
operations in an amount not to exceed the amount specified for that fiscal year in clause (i).
(II) Wildfire suppression operations
The term "wildfire suppression operations" means the emergency and unpredictable
aspects of wildland firefighting, including—
(aa) support, response, and emergency stabilization activities;
(bb) other emergency management activities; and
(cc) the funds necessary to repay any transfers needed for the costs of wildfire
suppression operations.
(G) The 2020 Census
If, for fiscal year 2020, appropriations for the Periodic Censuses and Programs account of the
Bureau of the Census of the Department of Commerce are enacted that the Congress designates
in statute as being for the 2020 Census, then the adjustment for that fiscal year shall be the total
of such appropriations for that fiscal year designated as being for the 2020 Census, but shall not
exceed $2,500,000,000.
(c) Discretionary spending limit
As used in this subchapter, the term "discretionary spending limit" means—
(1) for fiscal year 2014—
(A) for the revised security category, $520,464,000,000 in new budget authority; and
(B) for the revised nonsecurity category, $491,773,000,000 in new budget authority;
(2) for fiscal year 2015—
(A) for the revised security category, $521,272,000,000 in new budget authority; and
(B) for the revised nonsecurity category, $492,356,000,000 in new budget authority;
(3) for fiscal year 2016—
(A) for the revised security category, $548,091,000,000 in new budget authority; and
(B) for the revised nonsecurity category $518,491,000,000 in new budget authority;
(4) for fiscal year 2017—
(A) for the revised security category, $551,068,000,000 in new budget authority; and
(B) for the revised nonsecurity category, $518,531,000,000 in new budget authority;
(5) for fiscal year 2018—
[Release Point 118-70]
(A) for the revised security category, $629,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category $579,000,000,000 in new budget authority;
(6) for fiscal year 2019—
(A) for the revised security category, $647,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category, $597,000,000,000 in new budget authority;
(7) for fiscal year 2020—
(A) for the revised security category, $666,500,000,000 in new budget authority; and
(B) for the revised nonsecurity category, $621,500,000,000 in new budget authority;
(8) for fiscal year 2021—
(A) for the revised security category, $671,500,000,000 in new budget authority; and
(B) for the revised nonsecurity category, $626,500,000,000 in new budget authority;
(9) for fiscal year 2024—
(A) for the revised security category, $886,349,000,000 in new budget authority; and
(B) for the revised nonsecurity category; $703,651,000,000 in new budget authority; and
2
(10) for fiscal year 2025—
(A) for the revised security category, $895,212,000,000 in new budget authority; and
(B) for the revised nonsecurity category; $710,688,000,000 in new budget authority;
2
as adjusted in strict conformance with subsection (b).
(d) Revised discretionary spending limits for fiscal year 2024
(1) In general
Subject to paragraph (3), if on or after January 1, 2024, there is in effect an Act making
continuing appropriations for part of fiscal year 2024 for any discretionary budget account, the
discretionary spending limits specified in subsection (c)(9) for fiscal year 2024 shall be adjusted in
the final sequestration report, in accordance with paragraph (2), as follows:
(A) For the revised security category, the amount that is equal to the total budget authority for
such category for base funding, as published in the Congressional Budget Office cost estimate
for the applicable appropriations Acts for the preceding fiscal year (table 1–S of H.R. 2617,
published on December 21, 2022), reduced by one percent.
(B) For the revised non-security category, the amount that is equal to the total budget
3
authority for such category for base funding as published in the Congressional Budget Office
cost estimate for the applicable appropriations Acts for the preceding fiscal year (table 1–S of
H.R. 2617, published on December 21, 2022), reduced by one percent.
(2) Final report; sequestration order
If the conditions specified in paragraph (1) are met during fiscal year 2024, the final
sequestration report for such fiscal year pursuant to section 904(f)(1) of this title and any order
pursuant to section 904(f)(5) of this title shall be issued on the earlier of—
(A) 10 days, not including weekends and holidays, for the Congressional Budget Office and
15 days, not including weekends and holidays, for the Office of Management and Budget and
the President, after the enactment into law of annual full-year appropriations for all budget
accounts that normally receive such annual appropriations (or the enactment of the applicable
full-year appropriations Acts without any provision for such accounts); or
(B) April 30, 2024.
(3) Reversal
If, after January 1, 2024, there are enacted into law each of the full year discretionary
[Release Point 118-70]
appropriation Acts, then the adjustment to the applicable discretionary spending limits in
paragraph (1) shall have no force or effect, and the discretionary spending limits for the revised
security category and revised nonsecurity category for the applicable fiscal year shall be such
limits as in effect on December 31 of the applicable fiscal year.
(e) Revised discretionary spending limits for fiscal year 2025
(1) In general
Subject to paragraph (3), if on or after January 1, 2025, there is in effect an Act making
continuing appropriations for part of fiscal year 2025 for any discretionary budget account, the
discretionary spending limits specified in subsection (c)(10) for fiscal year 2025 shall be adjusted
in the final sequestration report, in accordance with paragraph (2), as follows:
(A) for the revised security category, the amount calculated for such category in section 4
(d)(1)(A); and
(B) for the revised non-security category, the amount calculated for each category in
3
section (d)(1)(B).
4
(2) Final report; sequestration order
If the conditions specified in paragraph (1) are met during fiscal year 2025, the final
sequestration report for such fiscal year pursuant to section 904(f)(1) of this title and any order
pursuant to section 904(f)(5) of this title shall be issued on the earlier of—
(A) 10 days, not including weekends and holidays, for the Congressional Budget Office, and
15 days, not including weekends and holidays, for the Office of Management and Budget and
the President, after the enactment into law of annual full-year appropriations for all budget
accounts that normally receive such annual appropriations (or the enactment of the applicable
full-year appropriations Acts without any provision for such accounts); or
(B) April 30, 2025.
(3) Reversal
If, after January 1, 2025, there are enacted into law each of the full year discretionary
appropriation Acts, then the adjustment to the applicable discretionary spending limits in
paragraph (1) shall have no force or effect, and the discretionary spending limits for the revised
security category and revised nonsecurity category for the applicable fiscal year shall be such
limits as in effect on December 31 of the applicable fiscal year.
(Pub. L. 99–177, title II, §251, Dec. 12, 1985, 99 Stat. 1063; Pub. L. 100–119, title I, §102(a), Sept.
29, 1987, 101 Stat. 754; Pub. L. 100–203, title VIII, §8003(f), Dec. 22, 1987, 101 Stat. 1330–282;
Pub. L. 101–508, title XIII, §13101(a), (e)(2), Nov. 5, 1990, 104 Stat. 1388–577, 1388–593; Pub. L.
103–66, title XIV, §14002(c)(1), Aug. 10, 1993, 107 Stat. 683; Pub. L. 103–87, title V, §571, Sept.
30, 1993, 107 Stat. 971; Pub. L. 103–306, title V, §562, Aug. 23, 1994, 108 Stat. 1649; Pub. L.
103–354, title I, §119(d)(1), Oct. 13, 1994, 108 Stat. 3208; Pub. L. 104–121, title I, §103(b), Mar.
29, 1996, 110 Stat. 848; Pub. L. 104–193, title II, §211(d)(5)(B), Aug. 22, 1996, 110 Stat. 2191; Pub.
L. 104–208, div. A, title I, §101(c) [title V, §577], Sept. 30, 1996, 110 Stat. 3009–121, 3009–169;
Pub. L. 105–33, title X, §10203(a), (b), Aug. 5, 1997, 111 Stat. 698, 701; Pub. L. 105–89, title II, | §901. Enforcing discretionary spending limits | 2025-01-01T00:00:00 | 79138eb4efcbc1a0abddc159838b5fc42a6e6c6dde87ea29d3171cc51b0c382d |
US House of Representatives | 2, 20, §902 | (a) Purpose
The purpose of this section is to assure that any legislation enacted before October 1, 2002,
affecting direct spending or receipts that increases the deficit will trigger an offsetting sequestration.
(b) Sequestration
(1) Timing
Not later than 15 calendar days after the date Congress adjourns to end a session and on the
same day as a sequestration (if any) under section 901 or 903 of this title, there shall be a
sequestration to offset the amount of any net deficit increase caused by all direct spending and
receipts legislation enacted before October 1, 2002, as calculated under paragraph (2).
(2) Calculation of deficit increase
OMB shall calculate the amount of deficit increase or decrease by adding—
(A) all OMB estimates for the budget year of direct spending and receipts legislation
[Release Point 118-70]
transmitted under subsection (d);
(B) the estimated amount of savings in direct spending programs applicable to the budget
year resulting from the prior year's sequestration under this section or section 903 of this title, if
any, as published in OMB's final sequestration report for that prior year; and
(C) any net deficit increase or decrease in the current year resulting from all OMB estimates
for the current year of direct spending and receipts legislation transmitted under subsection (d)
that were not reflected in the final OMB sequestration report for the current year.
(c) Eliminating a deficit increase
(1) The amount required to be sequestered in a fiscal year under subsection (b) shall be obtained
from non-exempt direct spending accounts from actions taken in the following order:
(A) First
All reductions in automatic spending increases specified in section 906(a) of this title shall be
1
made.
(B) Second
If additional reductions in direct spending accounts are required to be made, the maximum
reductions permissible under sections 906(b) of this title (guaranteed and direct student loans) and
906(c) of this title (foster care and adoption assistance) shall be made.
1
(C) Third
(i) If additional reductions in direct spending accounts are required to be made, each remaining
non-exempt direct spending account shall be reduced by the uniform percentage necessary to
make the reductions in direct spending required by subsection (b); except that the medicare
programs specified in section 906(d) of this title shall not be reduced by more than 4 percent and
the uniform percentage applicable to all other direct spending programs under this paragraph shall
be increased (if necessary) to a level sufficient to achieve the required reduction in direct
spending.
(ii) For purposes of determining reductions under clause (i), outlay reductions (as a result of
sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal
year of a sequestration) that would occur in the following fiscal year shall be credited as outlay
reductions in the fiscal year of the sequestration.
(2) For purposes of this subsection, accounts shall be assumed to be at the level in the baseline.
(d) Estimates
(1) CBO estimates
As soon as practicable after Congress completes action on any direct spending or receipts
legislation, CBO shall provide an estimate to OMB of that legislation.
(2) OMB estimates
Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date
of enactment of any direct spending or receipts legislation, OMB shall transmit a report to the
House of Representatives and to the Senate containing—
(A) the CBO estimate of that legislation;
(B) an OMB estimate of that legislation using current economic and technical assumptions;
and
(C) an explanation of any difference between the 2 estimates.
(3) Significant differences
If during the preparation of the report under paragraph (2) OMB determines that there is a
significant difference between the OMB and CBO estimates, OMB shall consult with the
Committees on the Budget of the House of Representatives and the Senate regarding that
difference and that consultation, to the extent practicable, shall include written communication to
[Release Point 118-70]
such committees that affords such committees the opportunity to comment before the issuance of
that report.
(4) Scope of estimates
The estimates under this section shall include the amount of change in outlays or receipts for the
current year (if applicable), the budget year, and each outyear excluding any amounts resulting
from—
(A) full funding of, and continuation of, the deposit insurance guarantee commitment in
effect under current estimates; and
(B) emergency provisions as designated under subsection (e).
(5) Scorekeeping guidelines
OMB and CBO, after consultation with each other and the Committees on the Budget of the
House of Representatives and the Senate, shall—
(A) determine common scorekeeping guidelines; and
(B) in conformance with such guidelines, prepare estimates under this section.
(e) Emergency legislation
If a provision of direct spending or receipts legislation is enacted that the President designates as
an emergency requirement and that the Congress so designates in statute, the amounts of new budget
authority, outlays, and receipts in all fiscal years resulting from that provision shall be designated as
an emergency requirement in the reports required under subsection (d). This subsection shall not
apply to direct spending provisions to cover agricultural crop disaster assistance.
(Pub. L. 99–177, title II, §252, Dec. 12, 1985, 99 Stat. 1072; Pub. L. 100–119, title I, §102(a), Sept.
29, 1987, 101 Stat. 764; Pub. L. 100–203, title VIII, §8003(e), Dec. 22, 1987, 101 Stat. 1330–282;
Pub. L. 101–508, title XIII, §13101(a), Nov. 5, 1990, 104 Stat. 1388–581; Pub. L. 103–66, title XIV, | §902. Enforcing pay-as-you-go | 2002-10-01T00:00:00 | 5b3eb366ff83d2a4556f59f92314b4fa1f33c094ce23c771c083c5e3cfefffb6 |
US House of Representatives | 2, 20, §903 | (a) Sequestration
Within 15 calendar days after Congress adjourns to end a session (other than of the One Hundred
First Congress) and on the same day as a sequestration (if any) under section 901 of this title and
section 902 of this title, but after any sequestration required by section 901 of this title (enforcing
discretionary spending limits) or section 902 of this title (enforcing pay-as-you-go), there shall be a
sequestration to eliminate the excess deficit (if any remains) if it exceeds the margin.
(b) Excess deficit; margin
The excess deficit is, if greater than zero, the estimated deficit for the budget year, minus—
(1) the maximum deficit amount for that year;
(2) the amounts for that year designated as emergency direct spending or receipts legislation
under section 902(e) of this title; and
(3) for any fiscal year in which there is not a full adjustment for technical and economic
reestimates, the deposit insurance reestimate for that year, if any, calculated under subsection (h).
The "margin" for fiscal year 1992 or 1993 is zero and for fiscal year 1994 or 1995 is
$15,000,000,000.
(c) Dividing sequestration
To eliminate the excess deficit in a budget year, half of the required outlay reductions shall be
obtained from non-exempt defense accounts (accounts designated as function 050 in the President's
fiscal year 1991 budget submission) and half from non-exempt, non-defense accounts (all other
non-exempt accounts).
(d) Defense
Each non-exempt defense account shall be reduced by a dollar amount calculated by multiplying
the level of sequestrable budgetary resources in that account at that time by the uniform percentage
necessary to carry out subsection (c), except that, if any military personnel are exempt, adjustments
shall be made under the procedure set forth in section 901(a)(3) of this title.
(e) Non-defense
Actions to reduce non-defense accounts shall be taken in the following order:
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(1) First
All reductions in automatic spending increases under section 906(a) of this title shall be made.
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(2) Second
If additional reductions in non-defense accounts are required to be made, the maximum
reduction permissible under sections 906(b) of this title (guaranteed student loans) and 906(c) of
1
this title (foster care and adoption assistance) shall be made.
(3) Third
(A) If additional reductions in non-defense accounts are required to be made, each remaining
non-exempt, non-defense account shall be reduced by the uniform percentage necessary to make
the reductions in non-defense outlays required by subsection (c), except that—
(i) the medicare program specified in section 906(d) of this title shall not be reduced by more
than 2 percent in total including any reduction of less than 2 percent made under section 902 of
this title or, if it has been reduced by 2 percent or more under section 902 of this title, it may not
be further reduced under this section; and
(ii) the health programs set forth in section 906(e) of this title shall not be reduced by more
than 2 percent in total (including any reduction made under section 901 of this title),
and the uniform percent applicable to all other programs under this subsection shall be increased
(if necessary) to a level sufficient to achieve the required reduction in non-defense outlays.
(B) For purposes of determining reductions under subparagraph (A), outlay reduction (as a
result of sequestration of Commodity Credit Corporation commodity price support contracts in the
fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as
outlay reductions in the fiscal year of the sequestration.
(f) Baseline assumptions; part-year appropriations
(1) Budget assumptions
For purposes of subsections (b), (c), (d), and (e), accounts shall be assumed to be at the level in
the baseline minus any reductions required to be made under sections 901 and 902 of this title.
(2) Part-year appropriations
If, on the date specified in subsection (a), there is in effect an Act making or continuing
appropriations for part of a fiscal year for any non-exempt budget account, then the dollar
sequestration calculated for that account under subsection (d) or (e), as applicable, shall be
subtracted from—
(A) the annualized amount otherwise available by law in that account under that or a
subsequent part-year appropriation; and
(B) when a full-year appropriation for that account is enacted, from the amount otherwise
provided by the full-year appropriation; except that the amount to be sequestered from that
account shall be reduced (but not below zero) by the savings achieved by that appropriation
when the enacted amount is less than the baseline for that account.
(g) Adjustments to maximum deficit amounts
(1) Adjustments
(A) When the President submits the budget for fiscal year 1992, the maximum deficit
amounts for fiscal years 1992, 1993, 1994, and 1995 shall be adjusted to reflect up-to-date
reestimates of economic and technical assumptions and any changes in concepts or definitions.
When the President submits the budget for fiscal year 1993, the maximum deficit amounts for
fiscal years 1993, 1994, and 1995 shall be further adjusted to reflect up-to-date reestimates of
economic and technical assumptions and any changes in concepts or definitions.
(B) When submitting the budget for fiscal year 1994, the President may choose to adjust the
maximum deficit amounts for fiscal years 1994 and 1995 to reflect up-to-date reestimates of
economic and technical assumptions. If the President chooses to adjust the maximum deficit
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amount when submitting the fiscal year 1994 budget, the President may choose to invoke the
same adjustment procedure when submitting the budget for fiscal year 1995. In each case, the
President must choose between making no adjustment or the full adjustment described in
paragraph (2). If the President chooses to make that full adjustment, then those procedures for
adjusting discretionary spending limits described in sections 901(b)(1)(C) and 901(b)(2)(E)
1
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of this title, otherwise applicable through fiscal year 1993 or 1994 (as the case may be), shall be
deemed to apply for fiscal year 1994 (and 1995 if applicable).
(C) When the budget for fiscal year 1994 or 1995 is submitted and the sequestration reports
for those years under section 904 of this title are made (as applicable), if the President does not
choose to make the adjustments set forth in subparagraph (B), the maximum deficit amount for
that fiscal year shall be adjusted by the amount of the adjustment to discretionary spending
limits first applicable for that year (if any) under section 901(b) of this title.
(D) For each fiscal year the adjustments required to be made with the submission of the
President's budget for that year shall also be made when OMB submits the sequestration update
report and the final sequestration report for that year, but OMB shall continue to use the
economic and technical assumptions in the President's budget for that year.
Each adjustment shall be made by increasing or decreasing the maximum deficit amounts set forth
in section 665 of this title.
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(2) Calculations of adjustments
The required increase or decrease shall be calculated as follows:
(A) The baseline deficit or surplus shall be calculated using up-to-date economic and
technical assumptions, using up-to-date concepts and definitions, and, in lieu of the baseline
levels of discretionary appropriations, using the discretionary spending limits set forth in section
665 of this title as adjusted under section 901 of this title.
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(B) The net deficit increase or decrease caused by all direct spending and receipts legislation
enacted after November 5, 1990 (after adjusting for any sequestration of direct spending
accounts) shall be calculated for each fiscal year by adding—
(i) the estimates of direct spending and receipts legislation transmitted under section
902(d) of this title applicable to each such fiscal year; and
(ii) the estimated amount of savings in direct spending programs applicable to each such
fiscal year resulting from the prior year's sequestration under this section or section 902 of
this title of direct spending, if any, as contained in OMB's final sequestration report for that
year.
(C) The amount calculated under subparagraph (B) shall be subtracted from the amount
calculated under subparagraph (A).
(D) The maximum deficit amount set forth in section 665 of this title shall be subtracted
1
from the amount calculated under subparagraph (C).
(E) The amount calculated under subparagraph (D) shall be the amount of the adjustment
required by paragraph (1).
(h) Treatment of deposit insurance
(1) Initial estimates
The initial estimates of the net costs of federal deposit insurance for fiscal year 1994 and fiscal
year 1995 (assuming full funding of, and continuation of, the deposit insurance guarantee
commitment in effect on the date of the submission of the budget for fiscal year 1993) shall be set
forth in that budget.
(2) Reestimates
For fiscal year 1994 and fiscal year 1995, the amount of the reestimate of deposit insurance
costs shall be calculated by subtracting the amount set forth under paragraph (1) for that year from
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the current estimate of deposit insurance costs (but assuming full funding of, and continuation of,
the deposit insurance guarantee commitment in effect on the date of submission of the budget for
fiscal year 1993).
(Pub. L. 99–177, title II, §253, Dec. 12, 1985, 99 Stat. 1078; Pub. L. 100–119, title I, §103, Sept. 29,
1987, 101 Stat. 775; Pub. L. 101–508, title XIII, §13101(a), Nov. 5, 1990, 104 Stat. 1388–583.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 906(a) of this title, referred to in subsec. (e)(1), was repealed by Pub. L. 111–139, title I, §10(a),
Feb. 12, 2010, 124 Stat. 21.
Section 906(c) of this title, referred to in subsec. (e)(2), was repealed by Pub. L. 111–139, title I, §10(c),
Feb. 12, 2010, 124 Stat. 22.
Section 901(b) of this title, referred to in subsec. (g)(1)(B), was amended by Pub. L. 105–33, title X, | §903. Enforcing deficit targets | 1990-11-05T00:00:00 | 15a94075713d8c39eb74de371e131db778e2e81aa555e7a3bda9e98b021e3b9f |
US House of Representatives | 2, 20, §904 | (a) Timetable
The timetable with respect to this subchapter for any budget year is as follows:
Date:
Action to be completed:
January 21
Notification regarding optional adjustment of
maximum deficit amount.
5 days before the President's
budget submission
CBO sequestration preview report.
The President's budget
submission
OMB sequestration preview report.
August 10
Notification regarding military personnel.
August 15
CBO sequestration update report.
August 20
OMB sequestration update report.
10 days after end of session
CBO final sequestration report.
15 days after end of session
OMB final sequestration report; Presidential order.
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(b) Submission and availability of reports
Each report required by this section shall be submitted, in the case of CBO, to the House of
Representatives, the Senate and OMB and, in the case of OMB, to the House of Representatives, the
Senate, and the President on the day it is issued. On the following day a notice of the report shall be
printed in the Federal Register.
(c) Sequestration preview reports
(1) Reporting requirement
On the dates specified in subsection (a), OMB and CBO shall issue a preview report regarding
discretionary, pay-as-you-go, and deficit sequestration based on laws enacted through those dates.
(2) Discretionary sequestration report
The preview reports shall set forth estimates for the current year and each subsequent year
through 2025 of the applicable discretionary spending limits for each category and an explanation
of any adjustments in such limits under section 901 of this title.
(3) Pay-as-you-go sequestration reports
The preview reports shall set forth, for the current year and the budget year, estimates for each
of the following:
(A) The amount of net deficit increase or decrease, if any, calculated under section 902(b) of
this title.
(B) A list identifying each law enacted and sequestration implemented after November 5,
1990, included in the calculation of the amount of deficit increase or decrease and specifying
the budgetary effect of each such law.
(C) The sequestration percentage or (if the required sequestration percentage is greater than
the maximum allowable percentage for medicare) percentages necessary to eliminate a deficit
increase under section 902(c) of this title.
(4) Deficit sequestration reports
The preview reports shall set forth for the budget year estimates for each of the following:
(A) The maximum deficit amount, the estimated deficit calculated under section 903(b) of
this title, the excess deficit, and the margin.
(B) The amount of reductions required under section 902 of this title, the excess deficit
remaining after those reductions have been made, and the amount of reductions required from
defense accounts and the reductions required from non-defense accounts.
(C) The sequestration percentage necessary to achieve the required reduction in defense
accounts under section 903(d) of this title.
(D) The reductions required under sections 903(e)(1) and 903(e)(2) of this title.
(E) The sequestration percentage necessary to achieve the required reduction in non-defense
accounts under section 903(e)(3) of this title.
The CBO report need not set forth the items other than the maximum deficit amount for fiscal year
1992, 1993, or any fiscal year for which the President notifies the House of Representatives and
the Senate that he will adjust the maximum deficit amount under the option under section
903(g)(1)(B) of this title.
(5) Explanation of differences
The OMB reports shall explain the differences between OMB and CBO estimates for each item
set forth in this subsection.
(d) Notification regarding military personnel
On or before the date specified in subsection (a), the President shall notify the Congress of the
manner in which he intends to exercise flexibility with respect to military personnel accounts under
section 905(f) of this title.
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(e) Sequestration update reports
On the dates specified in subsection (a), OMB and CBO shall issue a sequestration update report,
reflecting laws enacted through those dates, containing all of the information required in the
sequestration preview reports. This report shall also contain a preview estimate of the adjustment for
disaster funding for the upcoming fiscal year.
(f) Final sequestration reports
(1) Reporting requirement
On the dates specified in subsection (a), OMB and CBO shall issue a final sequestration report,
updated to reflect laws enacted through those dates.
(2) Discretionary sequestration reports
The final reports shall set forth estimates for each of the following:
(A) For the current year and each subsequent year through 2025 the applicable discretionary
spending limits for each category and an explanation of any adjustments in such limits under
section 901 of this title, including a final estimate of the adjustment for disaster funding.
(B) For the current year and the budget year the estimated new budget authority and outlays
for each category and the breach, if any, in each category.
(C) For each category for which a sequestration is required, the sequestration percentages
necessary to achieve the required reduction.
(D) For the budget year, for each account to be sequestered, estimates of the baseline level of
sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to
be sequestered and resulting outlay reductions.
(3) Pay-as-you-go and deficit sequestration reports
The final reports shall contain all the information required in the pay-as-you-go and deficit
sequestration preview reports. In addition, these reports shall contain, for the budget year, for each
account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and
resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay
reductions. The reports shall also contain estimates of the effects on outlays of the sequestration in
each outyear for direct spending programs.
(4) Explanation of differences
The OMB report shall explain any differences between OMB and CBO estimates of the amount
of any net deficit change calculated under section 902(b) of this title, any excess deficit, any
breach, and any required sequestration percentage. The OMB report shall also explain differences
in the amount of sequesterable resources for any budget account to be reduced if such difference
1
is greater than $5,000,000.
(5) Presidential order
On the date specified in subsection (a), if in its final sequestration report OMB estimates that
any sequestration is required, the President shall issue an order fully implementing without change
all sequestrations required by the OMB calculations set forth in that report. This order shall be
effective on issuance.
(g) Within-session sequestration reports and order
If an appropriation for a fiscal year in progress is enacted (after Congress adjourns to end the
session for that budget year and before July 1 of that fiscal year) that causes a breach, 10 days later
CBO shall issue a report containing the information required in paragraph (f)(2). Fifteen days after
enactment, OMB shall issue a report containing the information required in paragraphs (f)(2) and
(f)(4). On the same day as the OMB report, the President shall issue an order fully implementing
without change all sequestrations required by the OMB calculations set forth in that report. This
order shall be effective on issuance.
(h) GAO compliance report
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Upon request of the Committee on the Budget of the House of Representatives or the Senate, the
Comptroller General shall submit to the Congress and the President a report on—
(1) the extent to which each order issued by the President under this section complies with all of
the requirements contained in this subchapter, either certifying that the order fully and accurately
complies with such requirements or indicating the respects in which it does not; and
(2) the extent to which each report issued by OMB or CBO under this section complies with all
of the requirements contained in this subchapter, either certifying that the report fully and
accurately complies with such requirements or indicating the respects in which it does not.
(i) Low-growth report
At any time, CBO shall notify the Congress if—
(1) during the period consisting of the quarter during which such notification is given, the
quarter preceding such notification, and the 4 quarters following such notification, CBO or OMB
has determined that real economic growth is projected or estimated to be less than zero with
respect to each of any 2 consecutive quarters within such period; or
(2) the most recent of the Department of Commerce's advance preliminary or final reports of
actual real economic growth indicate that the rate of real economic growth for each of the most
recently reported quarter and the immediately preceding quarter is less than one percent.
(j) Economic and technical assumptions
In all reports required by this section, OMB shall use the same economic and technical
assumptions as used in the most recent budget submitted by the President under section 1105(a) of
title 31.
(Pub. L. 99–177, title II, §254, Dec. 12, 1985, 99 Stat. 1078; Pub. L. 100–119, title I, §§102(b)(1),
106(e)(2), Sept. 29, 1987, 101 Stat. 773, 781; Pub. L. 101–508, title XIII, §13101(a), Nov. 5, 1990,
104 Stat. 1388–586; Pub. L. 103–66, title XIV, §§14002(c)(2), 14003(b), Aug. 10, 1993, 107 Stat.
684, 685; Pub. L. 103–322, title XXXI, §310001(g)(2), Sept. 13, 1994, 108 Stat. 2105; Pub. L.
104–316, title I, §102(d), Oct. 19, 1996, 110 Stat. 3828; Pub. L. 105–33, title X, §10206, Aug. 5,
1997, 111 Stat. 704; Pub. L. 112–25, title I, §103, Aug. 2, 2011, 125 Stat. 246; Pub. L. 113–67, div.
A, title I, §121(3), (4), Dec. 26, 2013, 127 Stat. 1175; Pub. L. 118–5, div. A, title I, §101(c), June 3,
2023, 137 Stat. 13.)
EDITORIAL NOTES
CODIFICATION
November 5, 1990, referred to in subsec. (c)(3)(B), was in the original "the date of enactment of this
section", which was translated as meaning the date of enactment of Pub. L. 101–508, which amended this
section generally, to reflect the probable intent of Congress.
AMENDMENTS
2023—Subsec. (c)(2). Pub. L. 118–5, §101(c)(1), substituted "2025" for "2021".
Subsec. (f)(2)(A). Pub. L. 118–5, §101(c)(2), substituted "2025" for "2021".
2013—Subsec. (c)(3)(A). Pub. L. 113–67, §121(3), substituted "section 902(b)" for "subsection 902(b)".
Subsec. (f)(4). Pub. L. 113–67, §121(4), substituted "section 902(b)" for "subsection 902(b)".
2011—Subsec. (c)(2). Pub. L. 112–25, §103(1), substituted "2021" for "2002".
Subsec. (e). Pub. L. 112–25, §103(2), added "This report shall also contain a preview estimate of the
adjustment for disaster funding for the upcoming fiscal year." at end.
Subsec. (f)(2)(A). Pub. L. 112–25, §103(3), substituted "2021" for "2002" and inserted ", including a final
estimate of the adjustment for disaster funding" before period at end.
1997—Subsec. (c). Pub. L. 105–33, §10206(1), (2), redesignated subsec. (d) as (c), substituted "2002" for
"1998" in par. (2), and struck out heading and text of former subsec. (c). Text read as follows: "With respect to
budget year 1994 or 1995, on the date specified in subsection (a) of this section the President shall notify the
House of Representatives and the Senate of his decision regarding the optional adjustment of the maximum
deficit amount (as allowed under section 903(g)(1)(B) of this title)."
Subsec. (d). Pub. L. 105–33, §10206(1), (3), redesignated subsec. (e) as (d) and substituted "section 905(f)"
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for "section 905(h)". Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 105–33, §10206(1), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 105–33, §10206(1), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).
Subsec. (f)(2)(A). Pub. L. 105–33, §10206(4)(A), substituted "2002" for "1998".
Subsec. (f)(3). Pub. L. 105–33, §10206(4)(B), struck out "through 1998" after "each outyear".
Subsec. (f)(4) to (6). Pub. L. 105–33, §10206(4)(C), redesignated pars. (5) and (6) as (4) and (5),
respectively, and struck out heading and text of former par. (4). Text read as follows: "The final reports shall
set forth for the budget year estimates for each of the following:
"(A) The amount of budget authority appropriated from the Violent Crime Reduction Trust Fund and
outlays resulting from those appropriations.
"(B) The sequestration percentage and reductions, if any, required under section 901a of this title."
Subsec. (g). Pub. L. 105–33, §10206(1), (5), redesignated subsec. (h) as (g) and substituted "paragraph
(f)(2)" for "paragraph (g)(2)" and "paragraphs (f)(2) and (f)(4)" for "paragraphs (g)(2) and (g)(4)". Former
subsec. (g) redesignated (f).
Subsecs. (h) to (k). Pub. L. 105–33, §10206(1), redesignated subsecs. (i) to (k) as (h) to (j), respectively.
Former subsec. (h) redesignated (g).
1996—Subsec. (a). Pub. L. 104–316, §102(d)(1), struck out item at end of timetable relating to GAO
compliance report.
Subsec. (i). Pub. L. 104–316, §102(d)(2), in introductory provisions substituted "Upon request of the
Committee on the Budget of the House of Representatives or the Senate" for "On the date specified in
subsection (a) of this section".
1994—Subsec. (g)(4) to (6). Pub. L. 103–322 added par. (4) and redesignated former pars. (4) and (5) as (5)
and (6), respectively.
1993—Subsecs. (d)(2), (g)(2)(A), (3). Pub. L. 103–66 substituted "1998" for "1995".
1990—Pub. L. 101–508 amended section generally, substituting provisions setting out timetable and
requisite content of reports and orders developed as part of sequestration process for former provisions
relating to special Congressional procedures in the event of recession, Congressional responses to Presidential
orders, and treatment of certain resolutions as reconciliation bills.
1987—Subsec. (b)(1)(A). Pub. L. 100–119, §102(b)(1), substituted "the Director of OMB" for "the
Comptroller General".
Subsec. (b)(1)(E). Pub. L. 100–119, §106(e)(2), inserted provisions relating to maximum deficit amount for
fiscal year 1988 or 1989.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CONGRESSIONAL BUDGET OFFICE EXCEPTED FROM CERTAIN REQUIREMENTS
Subsections (c), (f)(3), and (i) of this section inapplicable to the Congressional Budget Office, see section
104(b) of Pub. L. 112–25, set out as a note under section 902 of this title.
FISCAL YEAR DEFICIT CONTROL MEASURES
1991—Pub. L. 102–27, title IV, §401(b), Apr. 10, 1991, 105 Stat. 154, provided that: "Upon the enactment
of this Act [Apr. 10, 1991], the order issued by the President on November 9, 1990 [set out below], pursuant
to sections 251 and 254 of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, [2
U.S.C. 901, 904] is hereby rescinded. Any action taken to implement this order shall be reversed, and any
sequestrable resource that has been reduced or sequestered by such order is hereby restored, revived, or
released and shall be available to the same extent and for the same purpose as if the order had not been
issued."
Pub. L. 101–508, title XIII, §13401, Nov. 5, 1990, 104 Stat. 1388–628, provided that:
"(a)
.—Upon the enactment of this Act [Nov. 5, 1990], the orders issued by the
ORDER RESCINDED
President on August 25, 1990, and October 15, 1990 [set out below], pursuant to section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] are hereby rescinded.
"(b)
.—Any action taken to implement the orders referred to in subsection (a)
AMOUNTS RESTORED
shall be reversed, and any sequestrable resource that has been reduced or sequestered by such orders is hereby
restored, revived, or released and shall be available to the same extent and for the same purpose as if the
orders had not been issued.
"(c)
.—(1) Federal employees furloughed as a result of the lapse in
FURLOUGHED EMPLOYEES
appropriations from midnight October 5, 1990, until the enactment of House Joint Resolution 666 [Pub. L.
101–412, which was approved Oct. 9, 1990] shall be compensated at their standard rate of compensation for
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the period during which there was a lapse in appropriations.
"(2) All obligations incurred in anticipation of the appropriations made and authority granted by House
Joint Resolution 666 for the purposes of maintaining the essential level of activity to protect life and property
and bringing about orderly termination of government functions are hereby ratified and approved if otherwise
in accord with the provisions of that Act [Pub. L. 101–412, Oct. 9, 1990, 104 Stat. 894]."
Pub. L. 101–467, §105, Oct. 28, 1990, 104 Stat. 1087, provided that:
"(a) Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this
joint resolution [Oct. 28, 1990] pursuant to section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985 [2 U.S.C. 902] is suspended and no action shall be taken to implement any such order.
"(b) Subsection (a) shall cease to be effective on the date set forth in section 101(b)(B) [Nov. 5, 1990]."
Pub. L. 101–461, §113, Oct. 25, 1990, 104 Stat. 1078, provided that:
"(a) Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this
joint resolution [Oct. 25, 1990] pursuant to section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985 [2 U.S.C. 902] is suspended and no action shall be taken to implement any such order.
"(b) Subsection (a) shall cease to be effective on the date set forth in section 108(c) [Oct. 27, 1990]."
Pub. L. 101–444, §113, Oct. 19, 1990, 104 Stat. 1033, provided that:
"(a) Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this
joint resolution [Oct. 19, 1990] pursuant to section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985 [2 U.S.C. 902] is suspended and no action shall be taken to implement any such order.
"(b) Subsection (a) shall cease to be effective on the date set forth in section 108(c) [Oct. 24, 1990]."
Pub. L. 101–412, §113, Oct. 9, 1990, 104 Stat. 897, provided that:
"(a) Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this
joint resolution [Oct. 9, 1990] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985 [2 U.S.C. 902] is suspended and no action shall be taken to implement any such order.
"(b) Subsection (a) shall cease to be effective on the date set forth in section 108(c) [Oct. 19, 1990]."
Pub. L. 101–403, title I, §113, Oct. 1, 1990, 104 Stat. 870, provided that:
"(a) Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this
joint resolution [Oct. 1, 1990] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985 [2 U.S.C. 902] is suspended and no action shall be taken to implement any such order.
"(b) Subsection (a) shall cease to be effective on the date set forth in section 108(c) [Oct. 5, 1990]."
Final Order of the President of the United States, Nov. 9, 1990, 26 Weekly Compilation of Presidential
Documents 1797, Nov. 12, 1990, provided:
By the authority vested in me as President by the statutes of the United States of America, including section
254 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177) [2 U.S.C. 904],
as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law
100–119) and Title XIII of the Omnibus Reconciliation Act of 1990 (Public Law 101–508) (hereafter referred
to as "the Act"), I hereby order that the following actions be taken immediately to implement the
sequestrations and reductions determined by the Director of the Office of Management and Budget as set forth
in his report dated November 9, 1990, under sections 251 and 254 of the Act [2 U.S.C. 901, 904]:
(1) Budgetary resources for each non-exempt account within the international category of discretionary
spending shall be reduced as specified by the Director of the Office of Management and Budget in his report
of November 9, 1990.
(2) Pursuant to sections 250(c)(6) and 251 [former 2 U.S.C. 900(c)(6), 2 U.S.C. 901], budgetary resources
subject to sequestration shall be new budget authority; new loan guarantee commitments or limitations; new
direct loan obligations, commitments, or limitations; and obligation limitations.
(3) For accounts making commitments for guaranteed loans as authorized by substantive law, the head of
each Department or agency is directed to reduce the level of such commitments or obligations to the extent
necessary to conform to the limitations established by the Act [Pub. L. 99–177, title II, see Short Title note set
out under 2 U.S.C. 900] and specified by the Director of the Office of Management and Budget in his report
of November 9, 1990.
All sequestrations shall be made in strict accordance with the specifications of the November 9th report of
the Director of the Office of Management and Budget and the requirements of sections 251 and 254.
GEORGE BUSH.
Final Order of the President of the United States, Oct. 15, 1990, 55 F.R. 41977, provided:
By the authority vested in me as President by the statutes of the United States of America, including section
252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177) [2 U.S.C. 902],
[Release Point 118-70]
as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law
100–119) (hereafter referred to as "the Act"), I hereby order that the following actions shall be taken to
implement the sequestrations and reductions determined by the Director of the Office of Management and
Budget as set forth in his report dated October 15, 1990, under section 251 of the Act [2 U.S.C. 901]:
(1) Each automatic spending increase that would, but for the provisions of the Act, take effect during fiscal
year 1991 is permanently sequestered or reduced as provided in section 252.
(2) The following are sequestered as provided in section 252: new budget authority; unobligated balances;
new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations;
spending authority as defined in section 401(c)(2) of the Congressional Budget Act of 1974, as amended [2
U.S.C. 651(c)(2)]; and obligation limitations.
(3) For accounts making payments otherwise required by substantive law, the head of each Department or
agency is directed to modify the calculation of each such payment to the extent necessary to reduce the
estimate of total required payments for the fiscal year by the amount specified by the Director of the Office of
Management and Budget in his report of October 15, 1990.
(4) For accounts making commitments for guaranteed loans as authorized by substantive law, the head of
each Department or agency is directed to reduce the level of such commitments or obligations to the extent
necessary to conform to the limitations established by the Act and specified by the Director of the Office of
Management and Budget in his report of October 15, 1990.
All reductions and sequestrations shall be made in strict accordance with the specifications of the October
15th report of the Director of the Office of Management and Budget and the requirements of section 252(b).
This order supersedes the Initial Order issued on August 25, 1990 [see above].
This order shall be published in the Federal Register.
GEORGE BUSH.
Initial Order of the President of the United States, Aug. 25, 1990, 55 F.R. 35133, which provided
emergency deficit control measures for fiscal year 1991, was superseded by Final Order of the President, Oct.
15, 1990, 55 F.R. 41977, set out above.
1990—Pub. L. 101–239, title VI, §6001, Dec. 19, 1989, 103 Stat. 2139, provided that: "Notwithstanding
any other provision of law (including section 11002 [set out below] or any other provision of this Act, other
than section 6201 [set out below]), the reductions in the amount of payments required under title XVIII of the
Social Security Act [42 U.S.C. 1395 et seq.] made by the final sequester order issued by the President on
October 16, 1989 [set out below], pursuant to section 252(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985 [2 U.S.C. 902(b)] shall continue to be effective (as provided by sections 252(a)(4)(B) and
256(d)(2) of such Act [2 U.S.C. 902(a)(4)(B), 906(d)(2)]) through December 31, 1989, with respect to
payments for items and services under part A of such title [42 U.S.C. 1395c et seq.] (including payments
under section 1886 of such title [42 U.S.C. 1395ww] attributable or allocated to such part). Each such
payment made for items and services provided during fiscal year 1990 after such date shall be increased by
1.42 percent above what it would otherwise be under this Act."
Pub. L. 101–239, title VI, §6101, Dec. 19, 1989, 103 Stat. 2168, provided that: "Notwithstanding any other
provision of law (including any other provision of this Act, other than section 6201 [set out below]), the
reductions in the amount of payments required under title XVIII of the Social Security Act [42 U.S.C. 1395 et
seq.] made by the final sequester order issued by the President on October 16, 1989, pursuant to section
252(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902(b)] shall continue to
be effective (as provided by sections 252(a)(4)(B) and 256(d)(2) of such Act [2 U.S.C. 902(a)(4)(B),
906(d)(2)]) through March 31, 1990, with respect to payments for items and services under part B of such title
[42 U.S.C. 1395j et seq.]."
Pub. L. 101–239, title VI, §6201, Dec. 19, 1989, 103 Stat. 2225, provided that: "Notwithstanding any other
provision of law (including section 11002 [set out below] or any other provision of this Act), the reductions in
the amount of payments required under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] made
by the final sequester order issued by the President on October 16, 1989 [set out below], pursuant to section
252(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902(b)] shall continue to
be effective (as provided by sections 252(a)(4)(B) and 256(d)(2) of such Act [2 U.S.C. 902(a)(4)(B),
906(d)(2)]) through December 31, 1989, with respect to payments under section 1833(a)(1)(A) or 1876 of the
Social Security Act [42 U.S.C. 1395l(a)(1)(A), 1395mm], section 402 of the Social Security Amendments of
1967 [section 402 of Pub. L. 90–248, enacting 42 U.S.C. 1395b–1, and amending 42 U.S.C. 1395ll], or
section 222 of the Social Security Amendments of 1972 [section 222 of Pub. L. 92–603, amending 42 U.S.C.
1395b–1 and enacting provisions set out as a note under 42 U.S.C. 1395b–1]. Each such payment made during
[Release Point 118-70]
fiscal year 1990 after such date shall be increased by 1.42 percent above what it would otherwise be under this
Act."
Pub. L. 101–239, title XI, §11002, Dec. 19, 1989, 103 Stat. 2490, provided that:
"(a)
.—(1) Upon the issuance of a new final order by the President under subsection
ORDER RESCINDED
(b)(4) [set out below], the order issued by the President on October 16, 1989 [set out below], pursuant to
section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] is rescinded.
"(2) Except as otherwise provided in sections 6001, 6101, and 6201 [set out above], and subject to
subsection (b), any action taken to implement the order issued by the President on October 16, 1989, shall be
reversed, and any sequesterable budgetary resource that has been reduced or sequestered by such order is
restored, revived, or released and shall be available to the same extent and for the same purposes as if an order
had not been issued.
"(3) For purposes of section[s] 702(d) and 1101(c) of the Ethics Reform Act of 1989 [Pub. L. 101–194, 5
U.S.C. 5305 note, 2 U.S.C. 31–1 note], the order issued by the President on October 16, 1989, pursuant to
section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] is deemed to
be rescinded on January 31, 1990.
"(b) ADJUSTED REDUCTION.—
"(1) Before the close of the fifteenth calendar day beginning after the date of enactment of this Act
[Dec. 19, 1989], the Director of OMB shall issue a revised report using the exact budget baseline set forth
in the report of October 16, 1989 [set out below], and following the requirements, specifications,
definitions, and calculations required by the Balanced Budget and Emergency Deficit Control Act of 1985
[Pub. L. 99–177, title II, see Short Title note set out under 2 U.S.C. 900] for the final report issued under
section 251(c)(2) [former 2 U.S.C. 901(c)(2)] for fiscal year 1990, except that the aggregate outlay
reduction to be achieved shall be an amount equal to $16.1 billion multiplied by 130 divided by 365.
Calculations made to carry out the preceding sentence shall take into account the reductions and
cancellations achieved by paragraphs (2) and (3) and shall not be affected by subsection (d).
"(2) Notwithstanding any provision of law other than this paragraph, the reductions and cancellations
in the student loan programs described in section 256(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985 [2 U.S.C. 906(c)] achieved by the order issued by the President on October 16, 1989,
shall remain in effect through December 31, 1989, and no reductions or cancellations in such programs
shall be made by the order issued under paragraph (4).
"(3) Notwithstanding any provision of law other than this paragraph, any automatic spending increase
suspended or cancelled by the order issued by the President on October 16, 1989, shall be paid at a rate that
is 130/365ths less than the rate that would have been paid under the laws providing for such automatic
spending increase.
"(4) On the date that the Director submits a revised report to the President under paragraph (1) for
fiscal year 1990, the President shall issue a new final order to make all of the reductions and cancellations
specified in such report in conformity with section 252(a)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 [2 U.S.C. 902(a)(2)]. Such order shall be deemed to have become effective on
October 16, 1989.
"(c)
.—Before the close of the thirtieth day
COMPLIANCE REPORT BY COMPTROLLER GENERAL
beginning after the date the President issues a new final order under subsection (b)(4), the Comptroller
General shall submit to the Congress and the President a compliance report setting forth the information
required under section 253 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 903]
with respect to such order.
"(d)
.—With respect to items and services described in
NO DOUBLE REDUCTION IN MEDICARE
section 6001, 6101, or 6201 [set out above] for periods for which reductions are made pursuant to the
respective sections, no reduction shall be made under subsection (b)."
New Final Order of the President of the United States, Dec. 27, 1989, 54 F.R. 53469, provided:
By the authority vested in me as President by the statutes of the United States of America, including section
252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177) [2 U.S.C. 902],
as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law
100–119) (hereafter referred to as "the Act"), and section 11002 of the Omnibus [Budget] Reconciliation Act
of 1989 (Public Law 101–239) ("OBRA") [set out above], I hereby order that the following actions be taken to
implement the sequestrations and reductions determined by the Director of the Office of Management and
Budget as set forth in his report dated December 27, 1989, under section 251 of the Act [2 U.S.C. 901] and
section 11002 of the OBRA:
(1) Each automatic spending increase that would, but for the provisions of the Act, take effect during fiscal
year 1990 is permanently sequestered or reduced as provided in section 252 of the Act and section 11002 of
[Release Point 118-70]
OBRA.
(2) The following are sequestered as provided in section 252 of the Act and section 11002 of OBRA: new
budget authority; unobligated balances; new loan guarantee commitments or limitations; new direct loan
obligations, commitments, or limitations; spending authority as defined in section 401(c)(2) of the
Congressional Budget Act of 1974, as amended [2 U.S.C. 651(c)(2)]; and obligation limitations.
(3) For accounts making payments otherwise required by substantive law, the head of each department or
agency is directed to modify the calculation of each such payment to the extent necessary to reduce the
estimate of total required payments for the fiscal year by the amount specified by the Director of the Office of
Management and Budget in his report of December 27, 1989.
(4) For accounts making commitments for guaranteed loans or obligations for direct loans as authorized by
substantive law, the head of each department or agency is directed to reduce the level of such commitments or
obligations to the extent necessary to conform to the limitations established by the Act and by OBRA and
specified by the Director of the Office of Management and Budget in his report of December 27, 1989.
All reductions and sequestrations shall be made in strict accordance with the specifications of the December
27th report of the Director of the Office of Management and Budget and the requirements of section 252(b) of
the Act and section 11002 of OBRA.
This order shall be deemed to have become effective on October 16, 1989, as provided in section 11002 of
OBRA.
This order shall be published [in the] Federal Register.
GEORGE BUSH.
Final Order of the President of the United States, Oct. 16, 1989, 54 F.R. 42795, which provided emergency
deficit control measures for fiscal year 1990, was rescinded by section 11002(a) of Pub. L. 101–239, set out
above, upon issuance of New Final Order of the President of the United States, Dec. 27, 1989, 54 F.R. 53469,
set out above.
Initial Order of the President of the United States, Aug. 25, 1989, 54 F.R. 35627, which provided
emergency deficit control measures for fiscal year 1990, was superseded by Final Order of the President, Oct.
16, 1989, 54 F.R. 42795.
1989—Final Order of the President of the United States, Oct. 15, 1988, 53 F.R. 40696.
Initial Order of the President of the United States, Aug. 25, 1988, 53 F.R. 32881.
1988—Pub. L. 100–203, title IV, §§4001, 4041(b), 4061, title VIII, §8002, Dec. 22, 1987, 101 Stat.
1330–42, 1330–84, 1330–100, 1330–281.
Pub. L. 100–202, §1, Dec. 22, 1987, 101 Stat. 1329.
Order of the President of the United States, Nov. 20, 1987, 52 F.R. 44960.
Order of the President of the United States, Oct. 20, 1987, 52 F.R. 39205.
1986—Pub. L. 99–366, July 31, 1986, 100 Stat. 773.
Pub. L. 99–349, title II, §202, July 2, 1986, 100 Stat. 748.
Pub. L. 99–255, Mar. 7, 1986, 100 Stat. 39, as amended by Pub. L. 99–322, §1, May 23, 1986, 100 Stat.
494.
Order of the President of the United States, Feb. 1, 1986, 51 F.R. 4291.
So in original. Probably should be "sequestrable".
1 | §904. Reports and orders | 1986-05-23T00:00:00 | c4c4ceb1c8b6c45fa104d9e67b85b5b92199b58439c94bb670a56e6216cd5740 |
US House of Representatives | 2, 20, §905 | (a) Social security benefits and tier I railroad retirement benefits
Benefits payable under the old-age, survivors, and disability insurance program established under
title II of the Social Security Act (42 U.S.C. 401 et seq.), and benefits payable under sections 231b
and 231c of title 45, shall be exempt from reduction under any order issued under this subchapter.
1
(b) Veterans programs
The following programs shall be exempt from reduction under any order issued under this
subchapter:
All programs administered by the Department of Veterans Affairs.
[Release Point 118-70]
Special benefits for certain World War II veterans (28–0401–0–1–701).
(c) Net interest
No reduction of payments for net interest (all of major functional category 900) shall be made
under any order issued under this subchapter.
(d) Refundable income tax credits and certain elective payments
(1) Refundable income tax credits
Payments to individuals made pursuant to provisions of title 26 establishing refundable tax
credits shall be exempt from reduction under any order issued under this subchapter.
(2) Certain elective payments
Payments made to taxpayers pursuant to elections under subsection (d) of section 48D of title
26, or amounts treated as payments which are made by taxpayers under paragraph (1) of such
subsection, shall be exempt from reduction under any order issued under this subchapter.
(e) Non-defense unobligated balances
Unobligated balances of budget authority carried over from prior fiscal years, except balances in
the defense category, shall be exempt from reduction under any order issued under this subchapter.
(f) Optional exemption of military personnel
(1) In general
The President may, with respect to any military personnel account, exempt that account from
sequestration or provide for a lower uniform percentage reduction than would otherwise apply.
(2) Limitation
The President may not use the authority provided by paragraph (1) unless the President notifies
the Congress of the manner in which such authority will be exercised on or before the date
specified in section 904(a) of this title for the budget year.
(g) Other programs and activities
(1)(A) The following budget accounts and activities shall be exempt from reduction under any
order issued under this subchapter:
Activities resulting from private donations, bequests, or voluntary contributions to the
Government.
Activities financed by voluntary payments to the Government for goods or services to be
provided for such payments.
Administration of Territories, Northern Mariana Islands Covenant grants (14–0412–0–1–808).
Advances to the Unemployment Trust Fund and Other Funds (16–0327–0–1–600).
Black Lung Disability Trust Fund Refinancing (16–0329–0–1–601).
Bonneville Power Administration Fund and borrowing authority established pursuant to section
13 of Public Law 93–454 (1974), as amended [16 U.S.C. 838k] (89–4045–0–3–271).
Claims, Judgments, and Relief Acts (20–1895–0–1–808).
Compact of Free Association (14–0415–0–1–808).
Compensation of the President (11–0209–01–1–802).
Comptroller of the Currency, Assessment Funds (20–8413–0–8–373).
Continuing Fund, Southeastern Power Administration (89–5653–0–2–271).
Continuing Fund, Southwestern Power Administration (89–5649–0–2–271).
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund.
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund.
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International
Technology Security and Innovation Fund.
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and
Education Fund 2
Dual Benefits Payments Account (60–0111–0–1–601).
[Release Point 118-70]
Emergency Fund, Western Area Power Administration (89–5069–0–2–271).
Exchange Stabilization Fund (20–4444–0–3–155).
Farm Credit Administration Operating Expenses Fund (78–4131–0–3–351).
Farm Credit System Insurance Corporation, Farm Credit Insurance Fund (78–4171–0–3–351).
Federal Deposit Insurance Corporation, Deposit Insurance Fund (51–4596–0–4–373).
Federal Deposit Insurance Corporation, FSLIC Resolution Fund (51–4065–0–3–373).
Federal Deposit Insurance Corporation, Noninterest Bearing Transaction Account Guarantee
(51–4458–0–3–373).
Federal Deposit Insurance Corporation, Senior Unsecured Debt Guarantee (51–4457–0–3–373).
Federal Home Loan Mortgage Corporation (Freddie Mac).
Federal Housing Finance Agency, Administrative Expenses (95–5532–0–2–371).
Federal National Mortgage Corporation (Fannie Mae).
Federal Payment to the District of Columbia Judicial Retirement and Survivors Annuity Fund
(20–1713–0–1–752).
Federal Payment to the District of Columbia Pension Fund (20–1714–0–1–601).
Federal Payments to the Railroad Retirement Accounts (60–0113–0–1–601).
Federal Reserve Bank Reimbursement Fund (20–1884–0–1–803).
Financial Agent Services (20–1802–0–1–803).
Foreign Military Sales Trust Fund (11–8242–0–7–155).
Hazardous Waste Management, Conservation Reserve Program (12–4336–0–3–999).
Host Nation Support Fund for Relocation (97–8337–0–7–051).
Internal Revenue Collections for Puerto Rico (20–5737–0–2–806).
Intragovernmental funds, including those from which the outlays are derived primarily from
resources paid in from other government accounts, except to the extent such funds are augmented
by direct appropriations for the fiscal year during which an order is in effect.
Medical Facilities Guarantee and Loan Fund (75–9931–0–3–551).
National Credit Union Administration, Central Liquidity Facility (25–4470–0–3–373).
National Credit Union Administration, Corporate Credit Union Share Guarantee Program
(25–4476–0–3–376).
National Credit Union Administration, Credit Union Homeowners Affordability Relief Program
(25–4473–0–3–371).
National Credit Union Administration, Credit Union Share Insurance Fund
(25–4468–0–3–373).
National Credit Union Administration, Credit Union System Investment Program
(25–4474–0–3–376).
National Credit Union Administration, Operating fund (25–4056–0–3–373).
National Credit Union Administration, Share Insurance Fund Corporate Debt Guarantee
Program (25–4469–0–3–376).
National Credit Union Administration, U.S. Central Federal Credit Union Capital Program
(25–4475–0–3–376).
Office of Thrift Supervision (20–4108–0–3–373).
Panama Canal Commission Compensation Fund (16–5155–0–2–602).
Payment of Vietnam and USS Pueblo prisoner-of-war claims within the Salaries and Expenses,
Foreign Claims Settlement account (15–0100–0–1–153).
Payment to Civil Service Retirement and Disability Fund (24–0200–0–1–805).
Payment to Department of Defense Medicare-Eligible Retiree Health Care Fund
(97–0850–0–1–054).
Payment to Judiciary Trust Funds (10–0941–0–1–752).
Payment to Military Retirement Fund (97–0040–0–1–054).
Payment to the Foreign Service Retirement and Disability Fund (19–0540–0–1–153).
Payments to Copyright Owners (03–5175–0–2–376).
Payments to Health Care Trust Funds (75–0580–0–1–571).
Payment to Radiation Exposure Compensation Trust Fund (15–0333–0–1–054).
[Release Point 118-70]
Payments to Social Security Trust Funds (28–0404–0–1–651).
Payments to the United States Territories, Fiscal Assistance (14–0418–0–1–806).
Payments to trust funds from excise taxes or other receipts properly creditable to such trust
funds.
Payments to widows and heirs of deceased Members of Congress (00–0215–0–1–801).
Postal Service Fund (18–4020–0–3–372).
Public Wireless Supply Chain Innovation Fund.
Radiation Exposure Compensation Trust Fund (15–8116–0–1–054).
Reimbursement to Federal Reserve Banks (20–0562–0–1–803).
Salaries of Article III judges.
Soldiers and Airmen's Home, payment of claims (84–8930–0–7–705).
Tennessee Valley Authority Fund, except nonpower programs and activities
(64–4110–0–3–999).
Tribal and Indian trust accounts within the Department of the Interior which fund prior legal
obligations of the Government or which are established pursuant to Acts of Congress regarding
Federal management of tribal real property or other fiduciary responsibilities, including but not
limited to Tribal Special Fund (14–5265–0–2–452), Tribal Trust Fund (14–8030–0–7–452), White
Earth Settlement (14–2204–0–1–452), and Indian Water Rights and Habitat Acquisition
(14–5505–0–2–303).
United Mine Workers of America 1992 Benefit Plan (95–8260–0–7–551).
United Mine Workers of America 1993 Benefit Plan (95–8535–0–7–551).
United Mine Workers of America Combined Benefit Fund (95–8295–0–7–551).
United States Enrichment Corporation Fund (95–4054–0–3–271).
Universal Service Fund (27–5183–0–2–376).
Vaccine Injury Compensation (75–0320–0–1–551).
Vaccine Injury Compensation Program Trust Fund (20–8175–0–7–551).
(B) The following Federal retirement and disability accounts and activities shall be exempt from
reduction under any order issued under this subchapter:
Black Lung Disability Trust Fund (20–8144–0–7–601).
Central Intelligence Agency Retirement and Disability System Fund (56–3400–0–1–054).
Civil Service Retirement and Disability Fund (24–8135–0–7–602).
Comptrollers general retirement system (05–0107–0–1–801).
Contributions to U.S. Park Police annuity benefits, Other Permanent Appropriations
(14–9924–0–2–303).
Court of Appeals for Veterans Claims Retirement Fund (95–8290–0–7–705).
Department of Defense Medicare-Eligible Retiree Health Care Fund (97–5472–0–2–551).
District of Columbia Federal Pension Fund (20–5511–0–2–601).
District of Columbia Judicial Retirement and Survivors Annuity Fund (20–8212–0–7–602).
Energy Employees Occupational Illness Compensation Fund (16–1523–0–1–053).
Foreign National Employees Separation Pay (97–8165–0–7–051).
Foreign Service National Defined Contributions Retirement Fund (19–5497–0–2–602).
Foreign Service National Separation Liability Trust Fund (19–8340–0–7–602).
Foreign Service Retirement and Disability Fund (19–8186–0–7–602).
Government Payment for Annuitants, Employees Health Benefits (24–0206–0–1–551).
Government Payment for Annuitants, Employee Life Insurance (24–0500–0–1–602).
Judicial Officers' Retirement Fund (10–8122–0–7–602).
Judicial Survivors' Annuities Fund (10–8110–0–7–602).
Military Retirement Fund (97–8097–0–7–602).
National Railroad Retirement Investment Trust (60–8118–0–7–601).
National Oceanic and Atmospheric Administration retirement (13–1450–0–1–306).
Pensions for former Presidents (47–0105–0–1–802).
Postal Service Retiree Health Benefits Fund (24–5391–0–2–551).
[Release Point 118-70]
Public Safety Officer Benefits (15–0403–0–1–754).
Rail Industry Pension Fund (60–8011–0–7–601).
Retired Pay, Coast Guard (70–0602–0–1–403).
Retirement Pay and Medical Benefits for Commissioned Officers, Public Health Service
(75–0379–0–1–551).
September 11th Victim Compensation Fund (15–0340–0–1–754).
Special Benefits for Disabled Coal Miners (16–0169–0–1–601).
Special Benefits, Federal Employees' Compensation Act (16–1521–0–1–600).
Special Workers Compensation Expenses (16–9971–0–7–601).
Tax Court Judges Survivors Annuity Fund (23–8115–0–7–602).
United States Court of Federal Claims Judges' Retirement Fund (10–8124–0–7–602).
United States Secret Service, DC Annuity (70–0400–0–1–751).
Victims Compensation Fund established under section 410 of the Air Transportation Safety and
System Stabilization Act (49 U.S.C. 40101 note).
United States Victims of State Sponsored Terrorism Fund.
Voluntary Separation Incentive Fund (97–8335–0–7–051).
World Trade Center Health Program Fund (75–0946–0–1–551).
(2) Prior legal obligations of the Government in the following budget accounts and activities shall
be exempt from any order issued under this subchapter:
Biomass Energy Development (20–0114–0–1–271).
Check Forgery Insurance Fund (20–4109–0–3–803).
Credit liquidating accounts.
Credit reestimates.
Employees Life Insurance Fund (24–8424–0–8–602).
Federal Aviation Insurance Revolving Fund (69–4120–0–3–402).
Federal Crop Insurance Corporation Fund (12–4085–0–3–351).
Federal Emergency Management Agency, National Flood Insurance Fund (58–4236–0–3–453).
Geothermal resources development fund (89–0206–0–1–271).
Low-Rent Public Housing—Loans and Other Expenses (86–4098–0–3–604).
Maritime Administration, War Risk Insurance Revolving Fund (69–4302–0–3–403).
Natural Resource Damage Assessment Fund (14–1618–0–1–302).
United States International Development Finance Corporation.
Pension Benefit Guaranty Corporation Fund (16–4204–0–3–601).
San Joaquin Restoration Fund (14–5537–0–2–301).
Servicemembers' Group Life Insurance Fund (36–4009–0–3–701).
Terrorism Insurance Program (20–0123–0–1–376).
(h) Low-income programs
The following programs shall be exempt from reduction under any order issued under this
subchapter:
Academic Competitiveness/Smart Grant Program (91–0205–0–1–502).
Child Care Entitlement to States (75–1550–0–1–609).
Child Enrollment Contingency Fund (75–5551–0–2–551).
Child Nutrition Programs (with the exception of special milk programs) (12–3539–0–1–605).
Children's Health Insurance Fund (75–0515–0–1–551).
Commodity Supplemental Food Program (12–3507–0–1–605).
Contingency Fund (75–1522–0–1–609).
Family Support Programs (75–1501–0–1–609).
Federal Pell Grants under section 1070a of title 20.
Grants to States for Medicaid (75–0512–0–1–551).
Payments for Foster Care and Permanency (75–1545–0–1–609).
Supplemental Nutrition Assistance Program (12–3505–0–1–605).
Supplemental Security Income Program (28–0406–0–1–609).
[Release Point 118-70]
Temporary Assistance for Needy Families (75–1552–0–1–609).
(i) Economic recovery programs
The following programs shall be exempt from reduction under any order issued under this
subchapter:
GSE Preferred Stock Purchase Agreements (20–0125–0–1–371).
Office of Financial Stability (20–0128–0–1–376).
Special Inspector General for the Troubled Asset Relief Program (20–0133–0–1–376).
(j) Split treatment programs
Each of the following programs shall be exempt from any order under this subchapter to the extent
that the budgetary resources of such programs are subject to obligation limitations in appropriations
bills:
Federal-Aid Highways (69–8083–0–7–401).
Highway Traffic Safety Grants (69–8020–0–7–401).
Operations and Research NHTSA and National Driver Register (69–8016–0–7–401).
Motor Carrier Safety Operations and Programs (69–8159–0–7–401).
Motor Carrier Safety Grants (69–8158–0–7–401).
Formula and Bus Grants (69–8350–0–7–401).
Grants-In-Aid for Airports (69–8106–0–7–402).
(k) Identification of programs
For purposes of subsections (b), (g), and (h), each account is identified by the designated budget
account identification code number set forth in the Budget of the United States Government
2010–Appendix, and an activity within an account is designated by the name of the activity and the
identification code number of the account.
(Pub. L. 99–177, title II, §255, Dec. 12, 1985, 99 Stat. 1082; Pub. L. 99–509, title VII, §7002(a), Oct.
21, 1986, 100 Stat. 1949; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–86, title V, | §905. Exempt programs and activities | 2024-07-12T00:00:00 | c03a9a50667fb9765071a1e3e7fde2dd95f37781833752fca478fe0017e472fb |
US House of Representatives | 2, 20, §906 | (a) Repealed. Pub. L. 111–139, title I, §10(a), Feb. 12, 2010, 124 Stat. 21
(b) Student loans
For all student loans under part B or D of title IV of the Higher Education Act of 1965 [20 U.S.C.
1071 et seq., 1087a et seq.] made during the period when a sequestration order under section 904 of
this title is in effect as required by section 902 or 903 of this title, origination fees under sections
438(c)(2) and (6) and 455(c) [20 U.S.C. 1087–1(c)(2), (6), 1087e(c)] and loan processing and
issuance fees under section 428(f)(1)(A)(ii) of that Act [20 U.S.C. 1078(f)(1)(A)(ii)] shall each be
increased by the uniform percentage specified in that sequestration order, and, for student loans
originated during the period of the sequestration, special allowance payments under section 438(b) of
that Act [20 U.S.C. 1087–1(b)] accruing during the period of the sequestration shall be reduced by
the uniform percentage specified in that sequestration order.
(c) Repealed. Pub. L. 111–139, title I, §10(c), Feb. 12, 2010, 124 Stat. 22
(d) Special rules for Medicare program
(1) Calculation of reduction in payment amounts
To achieve the total percentage reduction in those programs required by section 902 or 903 of
this title, subject to paragraph (2), and notwithstanding section 710 of the Social Security Act [42
U.S.C. 911], OMB shall determine, and the applicable Presidential order under section 904 of this
title shall implement, the percentage reduction that shall apply, with respect to the health insurance
programs under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.]—
(A) in the case of parts A and B of such title [42 U.S.C. 1395c et seq., 1395j et seq.], to
individual payments for services furnished during the one-year period beginning on the first day
of the first month beginning after the date the order is issued (or, if later, the date specified in
[Release Point 118-70]
paragraph (4)); and
(B) in the case of parts C and D [42 U.S.C. 1395w–21 et seq., 1395w–101 et seq.], to
monthly payments under contracts under such parts for the same one-year period;
such that the reduction made in payments under that order shall achieve the required total
percentage reduction in those payments for that period.
(2) Uniform reduction rate; maximum permissible reduction
Reductions in payments for programs and activities under such title XVIII [42 U.S.C. 1395 et
seq.] pursuant to a sequestration order under section 904 of this title shall be at a uniform rate,
which shall not exceed 4 percent, across all such programs and activities subject to such order.
(3) Timing of application of reductions
(A) In general
Except as provided in subparagraph (B), if a reduction is made under paragraph (1) in
payment amounts pursuant to a sequestration order, the reduction shall be applied to payment
for services furnished during the effective period of the order. For purposes of the previous
sentence, in the case of inpatient services furnished for an individual, the services shall be
considered to be furnished on the date of the individual's discharge from the inpatient facility.
(B) Payment on the basis of cost reporting periods
In the case in which payment for services of a provider of services is made under title XVIII
of the Social Security Act [42 U.S.C. 1395 et seq.] on a basis relating to the reasonable cost
incurred for the services during a cost reporting period of the provider, if a reduction is made
under paragraph (1) in payment amounts pursuant to a sequestration order, the reduction shall
be applied to payment for costs for such services incurred at any time during each cost reporting
period of the provider any part of which occurs during the effective period of the order, but only
(for each such cost reporting period) in the same proportion as the fraction of the cost reporting
period that occurs during the effective period of the order.
(4) Timing of subsequent sequestration order
A sequestration order required by section 902 or 903 of this title with respect to programs under
such title XVIII [42 U.S.C. 1395 et seq.] shall not take effect until the first month beginning after
the end of the effective period of any prior sequestration order with respect to such programs, as
determined in accordance with paragraph (1).
(5) No increase in beneficiary charges in assignment-related cases
If a reduction in payment amounts is made under paragraph (1) for services for which payment
under part B of title XVIII of the Social Security Act [42 U.S.C. 1395j et seq.] is made on the
basis of an assignment described in section 1842(b)(3)(B)(ii) [42 U.S.C. 1395u(b)(3)(B)(ii)], in
accordance with section 1842(b)(6)(B) [42 U.S.C. 1395u(b)(6)(B)], or under the procedure
described in section 1870(f)(1) [42 U.S.C. 1395gg(f)(1)], of such Act, the person furnishing the
services shall be considered to have accepted payment of the reasonable charge for the services,
less any reduction in payment amount made pursuant to a sequestration order, as payment in full.
(6) Sequestration disregarded in computing payment amounts
The Secretary of Health and Human Services shall not take into account any reductions in
payment amounts which have been or may be effected under this subchapter, for purposes of
computing any adjustments to payment rates under such title XVIII [42 U.S.C. 1395 et seq.],
specifically including—
(A) the part C growth percentage under section 1853(c)(6) [42 U.S.C. 1395w–23(c)(6)];
(B) the part D annual growth rate under section 1860D–2(b)(6) [42 U.S.C.
1395w–102(b)(6)]; and
(C) application of risk corridors to part D payment rates under section 1860D–15(e) [42
U.S.C. 1395w–115(e)].
[Release Point 118-70]
(7) Exemptions from sequestration
In addition to the programs and activities specified in section 905 of this title, the following
shall be exempt from sequestration under this subchapter:
(A) Part D low-income subsidies
Premium and cost-sharing subsidies under section 1860D–14 of the Social Security Act [42
U.S.C. 1395w–114].
(B) Part D catastrophic subsidy
Payments under section 1860D–15(b) and (e)(2)(B) of the Social Security Act [42 U.S.C.
1395w–115(b), (e)(2)(B)].
(C) Qualified individual (QI) premiums
Payments to States for coverage of Medicare cost-sharing for certain low-income Medicare
beneficiaries under section 1933 of the Social Security Act [42 U.S.C. 1396u–3].
(e) Community and migrant health centers, Indian health services and facilities, and veterans'
medical care
(1) The maximum permissible reduction in budget authority for any account listed in paragraph
(2) for any fiscal year, pursuant to an order issued under section 904 of this title, shall be 2 percent.
(2) The accounts referred to in paragraph (1) are as follows:
(A) Community health centers (75-0350-0-1-550).
(B) Migrant health centers (75-0350-0-1-550).
(C) Indian health facilities (75-0391-0-1-551).
(D) Indian health services (75-0390-0-1-551).
(E) Veterans' medical care (36-0160-0-1-703).
For purposes of the preceding provisions of this paragraph, programs are identified by the
designated budget account identification code numbers set forth in the Budget of the United States
Government—Appendix.
(f) Treatment of child support enforcement program
Notwithstanding any change in the display of budget accounts, any order issued by the President
under section 904 of this title shall accomplish the full amount of any required reduction in
expenditures under sections 455 and 458 of the Social Security Act [42 U.S.C. 655, 658a] by
reducing the Federal matching rate for State administrative costs under such program, as specified
(for the fiscal year involved) in section 455(a) of such Act, to the extent necessary to reduce such
expenditures by that amount.
(g) Federal pay
(1) In general
For purposes of any order issued under section 904 of this title—
(A) Federal pay under a statutory pay system, and
(B) elements of military pay,
shall be subject to reduction under an order in the same manner as other administrative expense
components of the Federal budget; except that no such order may reduce or have the effect of
reducing the rate of pay to which any individual is entitled under any such statutory pay system (as
increased by any amount payable under section 5304 of title 5 or section 302 of the Federal
Employees Pay Comparability Act of 1990) or the rate of any element of military pay to which
any individual is entitled under title 37, or any increase in rates of pay which is scheduled to take
effect under section 5303 of title 5, section 1009 of title 37, or any other provision of law.
(2) Definitions
For purposes of this subsection:
[Release Point 118-70]
(A) The term "statutory pay system" shall have the meaning given that term in section
5302(1) of title 5.
(B) The term "elements of military pay" means—
(i) the elements of compensation of members of the uniformed services specified in section
1009 of title 37,
(ii) allowances provided members of the uniformed services under sections 403b and 405
of such title, and
(iii) cadet pay and midshipman pay under section 203(c) of such title.
(C) The term "uniformed services" shall have the meaning given that term in section 101(3)
of title 37.
(h) Treatment of Federal administrative expenses
(1) Notwithstanding any other provision of this title, administrative expenses incurred by the
1
departments and agencies, including independent agencies, of the Federal Government in connection
with any program, project, activity, or account shall be subject to reduction pursuant to an order
issued under section 904 of this title, without regard to any exemption, exception, limitation, or
special rule which is otherwise applicable with respect to such program, project, activity, or account
under this subchapter.
(2) Notwithstanding any other provision of law, administrative expenses of any program, project,
activity, or account which is self-supporting and does not receive appropriations shall be subject to
reduction under a sequester order, unless specifically exempted in this subchapter.
(3) Payments made by the Federal Government to reimburse or match administrative costs
incurred by a State or political subdivision under or in connection with any program, project,
activity, or account shall not be considered administrative expenses of the Federal Government for
purposes of this section, and shall be subject to reduction or sequestration under this subchapter to
the extent (and only to the extent) that other payments made by the Federal Government under or in
connection with that program, project, activity, or account are subject to such reduction or
sequestration; except that Federal payments made to a State as reimbursement of administrative costs
incurred by such State under or in connection with the unemployment compensation programs
specified in subsection (h)(1) shall be subject to reduction or sequestration under this subchapter
1
notwithstanding the exemption otherwise granted to such programs under that subsection.
(4) Notwithstanding any other provision of law, this subsection shall not apply with respect to the
following:
(A) Comptroller of the Currency.
(B) Federal Deposit Insurance Corporation.
(C) National Credit Union Administration.
(D) National Credit Union Administration, central liquidity facility.
(E) Federal Retirement Thrift Investment Board.
(F) Farm Credit Administration.
(G) Cost of War Toxic Exposures Fund.
(i) Treatment of payments and advances made with respect to unemployment compensation
programs
(1) For purposes of section 904 of this title—
(A) any amount paid as regular unemployment compensation by a State from its account in the
Unemployment Trust Fund (established by section 904(a) of the Social Security Act [42 U.S.C.
1104(a)]),
(B) any advance made to a State from the Federal unemployment account (established by
section 904(g) of such Act [42 U.S.C. 1104(g)]) under title XII of such Act [42 U.S.C. 1321 et
seq.] and any advance appropriated to the Federal unemployment account pursuant to section 1203
of such Act [42 U.S.C. 1323], and
(C) any payment made from the Federal Employees Compensation Account (as established
under section 909 of such Act [42 U.S.C. 1109]) for the purpose of carrying out chapter 85 of title
[Release Point 118-70]
5 and funds appropriated or transferred to or otherwise deposited in such Account,
shall not be subject to reduction.
(2)(A) A State may reduce each weekly benefit payment made under the Federal-State Extended
Unemployment Compensation Act of 1970 for any week of unemployment occurring during any
period with respect to which payments are reduced under an order issued under section 904 of this
title by a percentage not to exceed the percentage by which the Federal payment to the State under
section 204 of such Act is to be reduced for such week as a result of such order.
(B) A reduction by a State in accordance with subparagraph (A) shall not be considered as a
failure to fulfill the requirements of section 3304(a)(11) of title 26.
(j) Commodity Credit Corporation
(1) Powers and authorities of the Commodity Credit Corporation
This title shall not restrict the Commodity Credit Corporation in the discharge of its authority
1
and responsibility as a corporation to buy and sell commodities in world trade, to use the proceeds
as a revolving fund to meet other obligations and otherwise operate as a corporation, the purpose
for which it was created.
(2) Reduction in payments made under contracts
(A) Loan eligibility under any contract entered into with a person by the Commodity Credit
Corporation prior to the time an order has been issued under section 904 of this title shall not be
reduced by an order subsequently issued. Subject to subparagraph (B), after an order is issued
under such section for a fiscal year, any cash payments for loans or loan deficiencies made by the
Commodity Credit Corporation shall be subject to reduction under the order.
(B) Each loan contract entered into with producers or producer cooperatives with respect to a
particular crop of a commodity and subject to reduction under subparagraph (A) shall be reduced
in accordance with the same terms and conditions. If some, but not all, contracts applicable to a
crop of a commodity have been entered into prior to the issuance of an order under section 904 of
this title, the order shall provide that the necessary reduction in payments under contracts
applicable to the commodity be uniformly applied to all contracts for the next succeeding crop of
the commodity, under the authority provided in paragraph (3).
(3) Delayed reduction in outlays permissible
Notwithstanding any other provision of this title, if an order under section 904 of this title is
1
issued with respect to a fiscal year, any reduction under the order applicable to contracts described
in paragraph (1) may provide for reductions in outlays for the account involved to occur in the
fiscal year following the fiscal year to which the order applies.
(4) Uniform percentage rate of reduction and other limitations
All reductions described in paragraph (2) which are required to be made in connection with an
order issued under section 904 of this title with respect to a fiscal year shall be made so as to
ensure that outlays for each program, project, activity, or account involved are reduced by a
percentage rate that is uniform for all such programs, projects, activities, and accounts, and may
not be made so as to achieve a percentage rate of reduction in any such item exceeding the rate
specified in the order.
(5) Dairy program
Notwithstanding any other provision of this subsection, as the sole means of achieving any
reduction in outlays under the milk price support program, the Secretary of Agriculture shall
provide for a reduction to be made in the price received by producers for all milk produced in the
United States and marketed by producers for commercial use. That price reduction (measured in
cents per hundred weight of milk marketed) shall occur under section 1446(d)(2)(A) of title 7,
shall begin on the day any sequestration order is issued under section 904 of this title, and shall not
exceed the aggregate amount of the reduction in outlays under the milk price support program that
[Release Point 118-70]
otherwise would have been achieved by reducing payments for the purchase of milk or the
products of milk under this subsection during the applicable fiscal year.
(6) Certain authority not to be limited
Nothing in this joint resolution shall limit or reduce, in any way, any appropriation that provides
the Commodity Credit Corporation with budget authority to cover the Corporation's net realized
losses.
(k) Effects of sequestration
The effects of sequestration shall be as follows:
(1) Budgetary resources sequestered from any account shall be permanently cancelled, except as
provided in paragraph (6).
(2) Except as otherwise provided, the same percentage sequestration shall apply to all programs,
projects, and activities within a budget account (with programs, projects, and activities as
delineated in the appropriation Act or accompanying report for the relevant fiscal year covering
that account, or for accounts not included in appropriation Acts, as delineated in the most recently
submitted President's budget).
(3) Administrative regulations or similar actions implementing a sequestration shall be made
within 120 days of the sequestration order. To the extent that formula allocations differ at different
levels of budgetary resources within an account, program, project, or activity, the sequestration
shall be interpreted as producing a lower total appropriation, with the remaining amount of the
appropriation being obligated in a manner consistent with program allocation formulas in
substantive law.
(4) Except as otherwise provided, obligations in sequestered accounts shall be reduced only in
the fiscal year in which a sequester occurs.
(5) If an automatic spending increase is sequestered, the increase (in the applicable index) that
was disregarded as a result of that sequestration shall not be taken into account in any subsequent
fiscal year.
(6) Budgetary resources sequestered in revolving, trust, and special fund accounts and offsetting
collections sequestered in appropriation accounts shall not be available for obligation during the
fiscal year in which the sequestration occurs, but shall be available in subsequent years to the
extent otherwise provided in law.
(Pub. L. 99–177, title II, §256, Dec. 12, 1985, 99 Stat. 1086; Pub. L. 99–514, §2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 100–86, title V, §506(b), Aug. 10, 1987, 101 Stat. 634; Pub. L. 100–119, title I,
§§102(b)(2), (3), (11), 104(a)(3), (4), Sept. 29, 1987, 101 Stat. 773, 775, 776; Pub. L. 101–73, title
VII, §743(b), Aug. 9, 1989, 103 Stat. 437; Pub. L. 101–508, title XIII, §13101(d), Nov. 5, 1990, 104
Stat. 1388–589; Pub. L. 101–509, title V, §529 [title I, §101(b)(2)(A), (4)(H)], Nov. 5, 1990, 104
Stat. 1427, 1439, 1440; Pub. L. 104–193, title I, §110(r)(2), Aug. 22, 1996, 110 Stat. 2175; Pub. L.
105–33, title X, §10208(a)(1), (b)–(g), Aug. 5, 1997, 111 Stat. 708–710; Pub. L. 111–139, title I,
§§9(b), 10, Feb. 12, 2010, 124 Stat. 21; Pub. L. 111–203, title III, §352, July 21, 2010, 124 Stat.
1546; Pub. L. 112–81, div. A, title VI, §631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L.
112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 116–260, div. N, title II, | §906. General and special sequestration rules | 2010-07-21T00:00:00 | 665eeda7442aed8c48fc0fe57a12887ac7119f491b41d033c3703a685fd8fd2a |
US House of Representatives | 2, 20, §907 | (a) In general
For any budget year, the baseline refers to a projection of current-year levels of new budget
authority, outlays, revenues, and the surplus or deficit into the budget year and the outyears based on
laws enacted through the applicable date.
(b) Direct spending and receipts
For the budget year and each outyear, the baseline shall be calculated using the following
assumptions:
(1) In general
Laws providing or creating direct spending and receipts are assumed to operate in the manner
specified in those laws for each such year and funding for entitlement authority is assumed to be
adequate to make all payments required by those laws.
(2) Exceptions
(A)(i) No program established by a law enacted on or before August 5, 1997, with estimated
current year outlays greater than $50,000,000 shall be assumed to expire in the budget year or the
outyears. The scoring of new programs with estimated outlays greater than $50,000,000 a year
shall be based on scoring by the Committees on Budget or OMB, as applicable. OMB, CBO, and
the Budget Committees shall consult on the scoring of such programs where there are differences
between CBO and OMB.
(ii) On the expiration of the suspension of a provision of law that is suspended under section
7301 of title 7 and that authorizes a program with estimated fiscal year outlays that are greater
than $50,000,000, for purposes of clause (i), the program shall be assumed to continue to operate
in the same manner as the program operated immediately before the expiration of the suspension.
(B) The increase for veterans' compensation for a fiscal year is assumed to be the same as that
required by law for veterans' pensions unless otherwise provided by law enacted in that session.
(C) Excise taxes dedicated to a trust fund, if expiring, are assumed to be extended at current
rates.
(D) If any law expires before the budget year or any outyear, then any program with estimated
current year outlays greater than $50,000,000 that operates under that law shall be assumed to
continue to operate under that law as in effect immediately before its expiration.
(3) Hospital Insurance Trust Fund
Notwithstanding any other provision of law, the receipts and disbursements of the Hospital
Insurance Trust Fund shall be included in all calculations required by this Act.
(c) Discretionary appropriations
[Release Point 118-70]
For the budget year and each outyear, the baseline shall be calculated using the following
assumptions regarding all amounts other than those covered by subsection (b):
(1) Inflation of current-year appropriations
Budgetary resources other than unobligated balances shall be at the level provided for the
budget year in full-year appropriation Acts. If for any account a full-year appropriation has not yet
been enacted, budgetary resources other than unobligated balances shall be at the level available in
the current year, adjusted sequentially and cumulatively for expiring housing contracts as specified
in paragraph (2), for social insurance administrative expenses as specified in paragraph (3), to
offset pay absorption and for pay annualization as specified in paragraph (4), for inflation as
specified in paragraph (5), and to account for changes required by law in the level of agency
payments for personnel benefits other than pay.
(2) Expiring housing contracts
New budget authority to renew expiring multiyear subsidized housing contracts shall be
adjusted to reflect the difference in the number of such contracts that are scheduled to expire in
that fiscal year and the number expiring in the current year, with the per-contract renewal cost
equal to the average current-year cost of renewal contracts.
(3) Social insurance administrative expenses
Budgetary resources for the administrative expenses of the following trust funds shall be
adjusted by the percentage change in the beneficiary population from the current year to that fiscal
year: the Federal Hospital Insurance Trust Fund, the Supplementary Medical Insurance Trust
Fund, the Unemployment Trust Fund, and the railroad retirement account.
(4) Pay annualization; offset to pay absorption
Current-year new budget authority for Federal employees shall be adjusted to reflect the full
12-month costs (without absorption) of any pay adjustment that occurred in that fiscal year.
(5) Inflators
The inflator used in paragraph (1) to adjust budgetary resources relating to personnel shall be
the percent by which the average of the Bureau of Labor Statistics Employment Cost Index (wages
and salaries, private industry workers) for that fiscal year differs from such index for the current
year. The inflator used in paragraph (1) to adjust all other budgetary resources shall be the percent
by which the average of the estimated gross domestic product chain-type price index for that fiscal
year differs from the average of such estimated index for the current year.
(6) Current-year appropriations
If, for any account, a continuing appropriation is in effect for less than the entire current year,
then the current-year amount shall be assumed to equal the amount that would be available if that
continuing appropriation covered the entire fiscal year. If law permits the transfer of budget
authority among budget accounts in the current year, the current-year level for an account shall
reflect transfers accomplished by the submission of, or assumed for the current year in, the
President's original budget for the budget year.
(d) Up-to-date concepts
In deriving the baseline for any budget year or outyear, current-year amounts shall be calculated
using the concepts and definitions that are required for that budget year.
(e) Asset sales
Amounts realized from the sale of an asset shall not be included in estimates under section 901,
902, or 903 of this title if that sale would result in a financial cost to the Federal Government as
determined pursuant to scorekeeping guidelines.
(Pub. L. 99–177, title II, §257, formerly §§251(a)(6)(I), 257, Dec. 12, 1985, 99 Stat. 1092; Pub. L.
100–119, title I, §§102(a), (b)(4)–(8), 104(c)(2), 106(b), Sept. 29, 1987, 101 Stat. 754, 773, 774, 777,
780; renumbered §257 and amended Pub. L. 101–508, title XIII, §13101(b), (e)(1), (2), Nov. 5,
[Release Point 118-70]
1990, 104 Stat. 1388–589, 1388–591, 1388–593; Pub. L. 105–33, title X, §10209(a), Aug. 5, 1997,
111 Stat. 710; Pub. L. 113–67, div. A, title I, §121(9), Dec. 26, 2013, 127 Stat. 1175.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (b)(3), means Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1037, which enacted
this chapter and sections 654 to 656 of this title, amended sections 602, 622, 631 to 642, and 651 to 653 of this
title, sections 1104 to 1106, 1109, and 3101 of Title 31, Money and Finance, and section 911 of Title 42, The
Public Health and Welfare, repealed section 661 of this title, enacted provisions set out as notes under section
900 of this title and section 911 of Title 42, and amended provisions set out as a note under section 621 of this
title. For complete classification of this Act to the Code, see Tables.
CODIFICATION
Pub. L. 101–508, §13101(b), redesignated former par. (12) of this section as section 250(c)(21) (now
250(c)(19)) of Pub. L. 99–177, which is classified to section 900(c)(19) of this title.
Pub. L. 101–508, §13101(e)(2), transferred section 251(a)(6)(I) of Pub. L. 99–177, which was classified to
section 901(a)(6)(I) of this title, to subsec. (e) of this section.
AMENDMENTS
2013—Subsec. (b)(2)(A)(i). Pub. L. 113–67 substituted "differences" for "differenes".
1997—Subsec. (b)(2)(A). Pub. L. 105–33, §10209(a)(1), amended subpar. (A) generally. Prior to
amendment, subpar. (A) read as follows: "No program with estimated current-year outlays greater than $50
million shall be assumed to expire in the budget year or outyears."
Subsec. (b)(2)(D). Pub. L. 105–33, §10209(a)(2), added subpar. (D).
Subsec. (c)(5). Pub. L. 105–33, §10209(a)(3), substituted "domestic product chain-type price index" for
"national product fixed-weight price index".
Subsec. (e). Pub. L. 105–33, §10209(a)(4), added subsec. (e) and struck out former subsec. (e) which read
as follows: "The sale of an asset or prepayment of a loan shall not alter the deficit or produce any net deficit
reduction in the budget baseline, except that the budget baseline estimate shall include asset sales mandated by
law before September 18, 1987, and routine, ongoing asset sales and loan prepayments at levels consistent
with agency operations in fiscal year 1986;".
1990—Pub. L. 101–508, §13101(e)(1), amended section generally, substituting provisions relating to
baseline for provisions relating to definitions.
Subsec. (e). Pub. L. 101–508, §13101(e)(2), redesignated section 901(a)(6)(I) of this title as subsec. (e) of
this section, and substituted "The" for "assuming, for purposes of this paragraph and subparagraph (A)(i) of
paragraph (3), that the".
1987—Pub. L. 100–119, §102(a), amended section 901 of this title generally, adding subsec. (a)(6)(I). See
1990 Amendment note above.
Par. (1). Pub. L. 100–119, §104(c)(2), struck out provisions of former subpar. (A) that "automatic spending
increase" meant increases in budget outlays due to changes in indexes in the following Federal programs:
"Black lung benefits (20-8144-0-7-601);
"Central Intelligence Agency retirement and disability system fund (56-3400-0-1-054);
"Civil service retirement and disability fund (24-8135-0-7-602);
"Comptrollers general retirement system (05-0107-0-1-801);
"Foreign service retirement and disability fund (19-8186-0-7-602);
"Judicial survivors' annuities fund (10-8110-0-7-602);
"Longshoremen's and harborworkers' compensation benefits (16-9971-0-7-601);
"Military retirement fund (97-8097-0-7-602);
"National Oceanic and Atmospheric Administration retirement (13-1450-0-1-306);
"Pensions for former Presidents (47-0105-0-1-802);
"Railroad retirement tier II (60-8011-0-7-601);
"Retired pay, Coast Guard (69-0241-0-1-403);
"Retirement pay and medical benefits for commissioned officers, Public Health Service
(75-0379-0-1-551);
"Special benefits, Federal Employees' Compensation Act (16-1521-0-1-600);
"Special benefits for disabled coal miners (75-0409-0-1-601); and
"Tax Court judges survivors annuity fund (23-8115-0-7-602)."
[Release Point 118-70]
Par. (7). Pub. L. 100–119, §102(b)(4), amended par. (7) generally. Prior to amendment, par. (7) read as
follows: "The terms 'sequester' and 'sequestration' (subject to section 902(a)(4) of this title) refer to or mean
the cancellation of new budget authority, unobligated balances, obligated balances, new loan guarantee
commitments, new direct loan obligations, and spending authority as defined in section 651(c)(2) of this title,
and the reduction of obligation limitations."
Par. (9). Pub. L. 100–119, §102(b)(5), added par. (9).
Par. (10). Pub. L. 100–119, §106(b), added par. (10).
Par. (11). Pub. L. 100–119, §102(b)(6), added par. (11).
Par. (12). Pub. L. 100–119, §102(b)(7), added par. (12).
Pars. (13), (14). Pub. L. 100–119, §102(b)(8), added pars. (13) and (14).
STATUTORY NOTES AND RELATED SUBSIDIARIES
DEFINITION OF TERMS USED IN BALANCED BUDGET AND EMERGENCY DEFICIT
CONTROL ACT OF 1985
Pub. L. 101–163, title III, §315, Nov. 21, 1989, 103 Stat. 1066, provided that: "Effective in the case of this
Act and any subsequent Act making appropriations for the Legislative Branch, for purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177), as amended [see Short Title note
set out under section 900 of this title], or any other Act which requires a uniform percentage reduction in
accounts in this Act and any subsequent Act making appropriations for the Legislative Branch, the accounts
under the general heading 'Senate', and the accounts under the general heading 'House of Representatives',
shall each be considered to be one appropriation account and one 'program, project, and activity'."
Pub. L. 100–202, §101(i) [title III, §306], Dec. 22, 1987, 101 Stat. 1329–290, 1329–309, provided that:
"Hereafter, for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law
99–177), as amended [see Short Title note set out under section 900 of this title], the term 'program, project,
and activity' shall be synonymous with each appropriation account in this Act [see Tables for classification],
except that the accounts under the general heading 'House of Representatives' shall be considered one
appropriation account and one 'program, project, and activity', and the accounts under the general heading
'Senate' shall be considered one appropriation account and one 'program, project, and activity'."
COST-OF-LIVING ADJUSTMENTS IN CERTAIN FEDERAL BENEFITS
Pub. L. 99–509, title VII, §7001, Oct. 21, 1986, 100 Stat. 1948, provided that benefits payable in calendar
years 1987 to 1991 under programs listed in this section, including any cost-of-living adjustments, were not
subject to modification, suspension, or reduction in such calendar years pursuant to a Presidential order. | §907. The baseline | 1987-09-18T00:00:00 | 72ab18b82a41ffe1a776408abe4f79ceac6259ca25dd44fac224efbca2b38aae |
US House of Representatives | 2, 20, §922 | (a) Expedited review
(1) Any Member of Congress may bring an action, in the United States District Court for the
District of Columbia, for declaratory judgment and injunctive relief on the ground that any order
that might be issued pursuant to section 904 of this title violates the Constitution.
(2) Any Member of Congress, or any other person adversely affected by any action taken under
this title, may bring an action, in the United States District Court for the District of Columbia, for
1
[Release Point 118-70]
declaratory judgment and injunctive relief concerning the constitutionality of this title.1
(3) Any Member of Congress may bring an action, in the United States District Court for the
District of Columbia, for declaratory and injunctive relief on the ground that the terms of an order
issued under section 904 of this title do not comply with the requirements of this title.1
(4) A copy of any complaint in an action brought under paragraph (1), (2), or (3) shall be
promptly delivered to the Secretary of the Senate and the Clerk of the House of Representatives,
and each House of Congress shall have the right to intervene in such action.
(5) Any action brought under paragraph (1), (2), or (3) shall be heard and determined by a
three-judge court in accordance with section 2284 of title 28.
Nothing in this section or in any other law shall infringe upon the right of the House of
Representatives to intervene in an action brought under paragraph (1), (2), or (3) without the
necessity of adopting a resolution to authorize such intervention.
(b) Appeal to Supreme Court
Notwithstanding any other provision of law, any order of the United States District Court for the
District of Columbia which is issued pursuant to an action brought under paragraph (1), (2), or (3) of
subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Any
such appeal shall be taken by a notice of appeal filed within 10 days after such order is entered; and
the jurisdictional statement shall be filed within 30 days after such order is entered. No stay of an
order issued pursuant to an action brought under paragraph (1), (2), or (3) of subsection (a) shall be
issued by a single Justice of the Supreme Court.
(c) Expedited consideration
It shall be the duty of the District Court for the District of Columbia and the Supreme Court of the
United States to advance on the docket and to expedite to the greatest possible extent the disposition
of any matter brought under subsection (a).
(d) Noncompliance with sequestration procedures
(1) If it is finally determined by a court of competent jurisdiction that an order issued by the
President under section 904 of this title for any fiscal year—
(A) does not reduce automatic spending increases under any program specified in section
906(a) of this title if such increases are required to be reduced by subchapter I of this chapter (or
1
reduces such increases by a greater extent than is so required), or
(B) does not sequester the amount of budgetary resources which is required to be sequestered by
such subchapter (or sequesters more than that amount) with respect to any program, project,
activity, or account,
the President shall, within 20 days after such determination is made, revise the order in accordance
with such determination.
(2) If the order issued by the President under section 904 of this title for any fiscal year—
(A) does not reduce any automatic spending increase to the extent that such increase is required
to be reduced by subchapter I of this chapter,
(B) does not sequester any amount of new budget authority, new loan guarantee commitments,
new direct loan obligations, or spending authority which is required to be sequestered by such
subchapter I, or
(C) does not reduce any obligation limitation by the amount by which such limitation is
required to be reduced under such subchapter,
on the claim or defense that the constitutional powers of the President prevent such sequestration
or reduction or permit the avoidance of such sequestration or reduction, and such claim or defense is
finally determined by the Supreme Court of the United States to be valid, then the entire order issued
pursuant to section 904 of this title for such fiscal year shall be null and void.
[Release Point 118-70]
(e) Timing of relief
No order of any court granting declaratory or injunctive relief from the order of the President
issued under section 904 of this title, including but not limited to relief permitting or requiring the
expenditure of funds sequestered by such order, shall take effect during the pendency of the action
before such court, during the time appeal may be taken, or, if appeal is taken, during the period
before the court to which such appeal is taken has entered its final order disposing of such action.
(f) Preservation of other rights
The rights created by this section are in addition to the rights of any person under law, subject to
subsection (e).
(g) Economic data and assumptions
The economic data and economic assumptions used by the Director of OMB in computing the
figures specified in any report issued by the Director of OMB under section 904 of this title, shall not
be subject to review in any judicial or administrative proceeding.
(Pub. L. 99–177, title II, §274, Dec. 12, 1985, 99 Stat. 1098; Pub. L. 100–119, title I, §102(b)(9),
(10), Sept. 29, 1987, 101 Stat. 774, 775; Pub. L. 105–33, title X, §10211, Aug. 5, 1997, 111 Stat.
711.)
EDITORIAL NOTES
REFERENCES IN TEXT
This title, referred to in subsec. (a)(2), (3), means title II (§200 et seq.) of Pub. L. 99–177, Dec. 12, 1985, 99
Stat. 1038, known as the Balanced Budget and Emergency Deficit Control Act of 1985. For complete
classification of this Act to the Code, see Short Title note set out under section 900 of this title and Tables.
Section 906(a) of this title, referred to in subsec. (d)(1)(A), was repealed by Pub. L. 111–139, title I, §10(a),
Feb. 12, 2010, 124 Stat. 21.
AMENDMENTS
1997—Subsec. (a)(1), (3). Pub. L. 105–33, §10211(1), substituted "section 904" for "section 902".
Subsec. (d)(1). Pub. L. 105–33, §10211(1), substituted "section 904" for "section 902(b)" in introductory
provisions.
Subsec. (d)(1)(A). Pub. L. 105–33, §10211(2), substituted "906(a) of this title if" for "907(1) of this title to
the extent that" and inserted "or" at end.
Subsec. (d)(1)(B). Pub. L. 105–33, §10211(3), substituted "budgetary resources" for "new budget authority,
new loan guarantee commitments, new direct loan obligations, or spending authority". Directory language
directing the striking of "or" after the comma was executed by striking "or" after "account," and not after
"activity," to reflect the probable intent of Congress.
Subsec. (d)(1)(C). Pub. L. 105–33, §10211(4), struck out subpar. (C) which read as follows: "does not
reduce obligation limitations by the amount by which such limitations are required to be reduced under
subchapter I of this chapter (or reduces such limitations by more than that amount) with respect to any
program, project, activity, or account,".
Subsec. (d)(2). Pub. L. 105–33, §10211(1), substituted "section 904" for "section 902(b)" in introductory
and concluding provisions.
Subsec. (e). Pub. L. 105–33, §10211(1), substituted "section 904" for "section 902".
Subsec. (f). Pub. L. 105–33, §10211(5), redesignated subsec. (g) as (f) and struck out heading and text of
former subsec. (f) consisting of pars. (1) to (5) relating to alternative procedures for joint reports of directors.
Subsec. (g). Pub. L. 105–33, §10211(6), substituted "figures" for "base levels of total revenues and total
budget outlays, as" and "section 904 of this title" for "section 901(a)(2)(B) or (c)(2) of this title,".
Pub. L. 105–33, §10211(5), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 105–33, §10211(5), redesignated subsec. (h) as (g).
1987—Subsec. (f)(1). Pub. L. 100–119, §102(b)(9)(A), added par. (1) and struck out former par. (1) which
read as follows: "In the event that any of the reporting procedures described in section 901 of this title are
invalidated, then any report of the Directors referred to in section 901(a) or (c)(1) of this title shall be
transmitted to the joint committee established under this subsection."
Subsec. (f)(2), (3). Pub. L. 100–119, §102(b)(9)(B), substituted "Director of CBO" for "Directors" wherever
[Release Point 118-70]
Limitation on changes to the Social Security Act.
939.
Determinations and points of order.
938.
Application of BBEDCA.
937.
Adjustment for current policies.
936.
Calculating a sequestration.
935.
Annual report and sequestration order.
934.
PAYGO estimates and PAYGO scorecards.
933.
Definitions and applications.
932.
Purpose.
931.
Sec.
appearing.
Subsec. (f)(5). Pub. L. 100–119, §102(b)(9)(C), substituted "section 901(a)(2)(B) or (c)(2)" for "section
901(b) or (c)(2)".
Subsec. (h). Pub. L. 100–119, §102(b)(10), substituted "and economic assumptions" for ", assumptions, and
methodologies", "Director of OMB" for "Comptroller General" in two places, and "section 901(a)(2)(B)" for
"section 901(b)".
See References in Text note below.
1
CHAPTER 20A—STATUTORY PAY-AS-YOU-GO | §922. Judicial review | 2024-07-12T00:00:00 | 5056c86dba281b91e0b2a67b0a1ca6297c87ab683eebc4edefbdbd9b67da9784 |
US House of Representatives | 2, 20, §931 | The purpose of this chapter is to reestablish a statutory procedure to enforce a rule of budget
neutrality on new revenue and direct spending legislation.
(Pub. L. 111–139, title I, §2, Feb. 12, 2010, 124 Stat. 8.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 111–139, Feb. 12,
2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I to the
Code, see Short Title note set out below and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
SHORT TITLE
Pub. L. 111–139, title I, §1, Feb. 12, 2010, 124 Stat. 8, provided that: "This title [enacting this chapter and
amending sections 639, 900, 905, and 906 of this title] may be cited as the 'Statutory Pay-As-You-Go Act of
2010'." | §931. Purpose | 2024-07-12T00:00:00 | dd5af9474791157f07e0fe9a966cf2a7a4022e4107218a5d1b3677c8ea13bdf7 |
US House of Representatives | 2, 20, §932 | As used in this chapter—
(1) The term "BBEDCA" means the Balanced Budget and Emergency Deficit Control Act of
1985.
(2) The definitions set forth in section 622 of this title and in section 250 of BBEDCA [2 U.S.C.
900] shall apply to this chapter, except to the extent that they are specifically modified as follows:
(A) The term "outyear" means a fiscal year one or more years after the budget year.
(B) In section 250(c)(8)(C) [2 U.S.C. 900(c)(8)(C)], the reference to the food stamp program
shall be deemed to be a reference to the Supplemental Nutrition Assistance Program.
[Release Point 118-70]
(3) The term "AMT" means the Alternative Minimum Tax for individuals under sections 55–59
of title 26, the term "EGTRRA" means the Economic Growth and Tax Relief Reconciliation Act
of 2001 (Public Law 107–16), and the term "JGTRRA" means the Jobs and Growth Tax Relief
and Reconciliation Act of 2003 (Public Law 108–27).
1
(4)(A) The term "budgetary effects" means the amount by which PAYGO legislation changes
outlays flowing from direct spending or revenues relative to the baseline and shall be determined
on the basis of estimates prepared under section 933 of this title. Budgetary effects that increase
outlays flowing from direct spending or decrease revenues are termed "costs" and budgetary
effects that increase revenues or decrease outlays flowing from direct spending are termed
"savings". Budgetary effects shall not include any costs associated with debt service.
(B) For purposes of these definitions, off-budget effects shall not be counted as budgetary
effects.
(C) Solely for purposes of recording entries on a PAYGO scorecard, provisions in appropriation
Acts are also considered to be budgetary effects for purposes of this chapter if such provisions
make outyear modifications to substantive law, except that provisions for which the outlay effects
net to zero over a period consisting of the current year, the budget year, and the 4 subsequent years
shall not be considered budgetary effects. For purposes of this paragraph, the term, "modifications
to substantive law" refers to changes to or restrictions on entitlement law or other mandatory
spending contained in appropriations Acts, notwithstanding section 250(c)(8) of BBEDCA [2
U.S.C. 900(c)(8)]. Provisions in appropriations Acts that are neither outyear modifications to
substantive law nor changes in revenues have no budgetary effects for purposes of this chapter.
(5) The term "debit" refers to the net total amount, when positive, by which costs recorded on
the PAYGO scorecards for a fiscal year exceed savings recorded on those scorecards for that year.
(6) The term "entitlement law" refers to a section of law which provides entitlement authority.
(7) The term "PAYGO legislation" or a "PAYGO Act" refers to a bill or joint resolution that
affects direct spending or revenue relative to the baseline. The budgetary effects of changes in
revenues and outyear modifications to substantive law included in appropriation Acts as defined in
paragraph (4) shall be treated as if they were contained in PAYGO legislation or a PAYGO Act.
(8) The term "timing shift" refers to a delay of the date on which outlays flowing from direct
spending would otherwise occur from the ninth outyear to the tenth outyear or an acceleration of
the date on which revenues would otherwise occur from the tenth outyear to the ninth outyear.
(Pub. L. 111–139, title I, §3, Feb. 12, 2010, 124 Stat. 8.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 111–139, Feb. 12,
2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I to the
Code, see Short Title note set out under section 931 of this title and Tables.
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in par. (1), is title II of Pub.
L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§900 et seq.) and sections 654 to 656 of
this title, amended sections 602, 622, 631 to 642, and 651 to 653 of this title, sections 1104 to 1106 and 1109
of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section
661 of this title, enacted provisions set out as notes under section 900 of this title and section 911 of Title 42,
and amended provisions set out as a note under section 621 of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 900 of this title and Tables.
The Economic Growth and Tax Relief Reconciliation Act of 2001, referred to in par. (3), is Pub. L. 107–16,
June 7, 2001, 115 Stat. 38. For complete classification of this Act to the Code, see Short Title of 2001
Amendment note set out under section 1 of Title 26, Internal Revenue Code, and Tables.
The Jobs and Growth Tax Relief Reconciliation Act of 2003, referred to in par. (3), is Pub. L. 108–27, May
28, 2003, 117 Stat. 752. For complete classification of this Act to the Code, see Short Title of 2003
Amendment note set out under section 1 of Title 26, Internal Revenue Code, and Tables.
[Release Point 118-70]
So in original. The word "and" probably should not appear.
1 | §932. Definitions and applications | 2001-06-07T00:00:00 | 4148a9488909adc868db6afcf7d79e3eef83a6317fdc73c1896ccdb63e7ac5bc |
US House of Representatives | 2, 20, §933 | (a) PAYGO estimates
(1) Required designation in PAYGO Acts
(A) House of Representatives
To establish the budgetary effects of a PAYGO Act consistent with the determination made
by the Chairman of the House Budget Committee, a PAYGO Act originated in or amended by
the House of Representatives may include the following statement: "The budgetary effects of
this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall
1
be determined by reference to the latest statement titled 'Budgetary Effects of PAYGO
Legislation' for this Act, submitted for printing in the Congressional Record by the Chairman of
the House Budget Committee, provided that such statement has been submitted prior to the vote
on passage.".
(B) Senate
To establish the budgetary effects of a PAYGO Act consistent with the determination made
by the Chairman of the Senate Budget Committee, a PAYGO Act originated in or amended by
the Senate shall include the following statement: "The budgetary effects of this Act, for the
purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
1
reference to the latest statement titled 'Budgetary Effects of PAYGO Legislation' for this Act,
submitted for printing in the Congressional Record by the Chairman of the Senate Budget
Committee, provided that such statement has been submitted prior to the vote on passage.".
(C) Conference reports and amendments between the Houses
To establish the budgetary effects of the conference report on a PAYGO Act, or an
amendment to an amendment between Houses on a PAYGO Act, which if estimated shall be
estimated jointly by the Chairmen of the House and Senate Budget Committees, the conference
report or amendment between the Houses shall include the following statement: "The budgetary
effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of
1
2010, shall be determined by reference to the latest statement titled 'Budgetary Effects of
PAYGO Legislation' for this Act, jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees, provided that such statement has
been submitted prior to the vote on passage in the House acting first on this conference report or
amendment between the Houses.".
(2) Determination of budgetary effects of PAYGO Acts
(A) Original legislation
(i) Statement and estimate
Prior to a vote on passage of a PAYGO Act originated or amended by one House, the
Chairman of the Budget Committee of that House may submit for printing in the
Congressional Record a statement titled "Budgetary Effects of PAYGO Legislation" which
shall include an estimate of the budgetary effects of that Act, if available prior to passage of
the Act by that House and shall submit, if applicable, an identification of any current policy
adjustments made pursuant to section 936 of this title. The timely submission of such a
statement, in conjunction with the appropriate designation made pursuant to paragraph (1)(A)
or (1)(B), as applicable, shall establish the budgetary effects of the PAYGO Act for the
purposes of this Act.
(ii) Effect
[Release Point 118-70]
The latest statement submitted by the Chairman of the Budget Committee of that House
prior to passage shall supersede any prior statements submitted in the Congressional Record
and shall be valid only if the PAYGO Act is not further amended by either House.
(iii) Failure to submit estimate
If—
(I) the estimate required by clause (i) has not been submitted prior to passage by that
House;
(II) such estimate has been submitted but is no longer valid due to a subsequent
amendment to the PAYGO Act; or
(III) the designation required pursuant to this subsection has not been made;
the budgetary effects of the PAYGO Act shall be determined under subsection (d)(3), provided
that this clause shall not apply if a valid designation is subsequently included in that PAYGO
Act pursuant to paragraph (1)(C) and a statement is submitted pursuant to subparagraph (B).
(B) Conference reports and amendments between Houses
(i) In general
Prior to the adoption of a report of a committee of conference on a PAYGO Act in either
House, or disposition of an amendment to an amendment between Houses on a PAYGO Act,
the Chairmen of the Budget Committees of the House and Senate may jointly submit for
printing in the Congressional Record a statement titled "Budgetary Effects of PAYGO
Legislation" which shall include an estimate of the budgetary effects of that Act if available
prior to passage of the Act by the House acting first on the legislation and shall submit, if
applicable, an identification of any current policy adjustments made pursuant to section 936
of this title. The timely submission of such a statement, in conjunction with the appropriate
designation made pursuant to paragraph (1)(C), shall establish the budgetary effects of the
PAYGO Act for the purposes of this Act.
(ii) Failure to submit estimate
If such estimate has not been submitted prior to the adoption of a report of a committee of
conference by either House, or if the designation required pursuant to this subsection has not
been made, the budgetary effects of the PAYGO Act shall be determined under subsection
(d)(3).
(3) Procedure in the Senate
In the Senate, upon submission of a statement titled "Budgetary Effects of PAYGO Legislation"
by the Chairman of the Senate Budget Committee for printing in the Congressional Record, the
Legislative Clerk shall read the statement.
(4) Jurisdiction of the Budget Committees
For the purposes of enforcing section 637 of this title, a designation made pursuant to paragraph
(1)(A), (1)(B), or (1)(C), that includes only the language specifically prescribed therein, shall not
be considered a matter within the jurisdiction of either the Senate or House Committees on the
Budget.
(b) Omitted
(c) Current policy adjustments for certain legislation
(1) In general
For any provision of legislation that meets the criteria in subsection (c), (d), (e) or (f) of section
936 of this title, the Chairs of the Committees on the Budget of the House and Senate, as
applicable, shall request that CBO adjust the estimate of budgetary effects of that legislation
pursuant to paragraph (2) for the purposes of this chapter. A single piece of legislation may
contain provisions that meet criteria in more than one of the subsections referred to in the
[Release Point 118-70]
preceding sentence. CBO shall adjust estimates for legislation designated under subsection (a) and
estimated under subsection (b). OMB shall adjust estimates for legislation estimated under
subsection (d)(3).
(2) Adjustments
(A) Estimates
CBO or OMB, as applicable, shall exclude from the estimate of budgetary effects any
budgetary effects of a provision that meets the criteria in subsection (c), (d), (e) or (f) of section
936 of this title, to the extent that those budgetary effects, when combined with all other
excluded budgetary effects of any other previously designated provisions of enacted legislation
under the same subsection of section 936 of this title, do not exceed the maximum applicable
current policy adjustment defined under the applicable subsection of section 936 of this title for
the applicable 10-year period.
(B) Baseline
Any estimate made pursuant to subparagraph (A) shall be prepared using baseline estimates
supplied by the Congressional Budget Office, consistent with section 907 of this title. CBO
estimates of legislation adjusted for current policy shall include a separate presentation of costs
excluded from the calculation of budgetary effects for the legislation, as well as an updated total
of all excluded costs of provisions within subsection (c), (d), or (e) of section 936 of this title, as
applicable, and in the case of paragraph (1) of section 936(f) of this title, within any of the
subparagraphs (A) through (L) of such paragraph, as applicable.
(3) Limitation on availability of excess savings
(A) Prohibition on use of excess saving for ineligible policies
2
To the extent the adjustment for current policy of any provision estimated under this
subsection exceeds the estimated budgetary effects of that provision, these excess savings shall
not be available to offset the costs of any provisions not otherwise eligible for a current policy
adjustment under section 936 of this title, and shall not be counted on the PAYGO scorecards
established pursuant to subsections (d)(4) and (d)(5).
(B) Prohibition on use of excess savings across budget areas
For provisions eligible for a current policy adjustment under subsections (c) through (f) of
section 936 of this title, to the extent the adjustment for current policy of any provision exceeds
the estimated budgetary effects of that same provision, the excess savings shall be available
only to offset the costs of other provisions that qualify for a current policy adjustment in that
same subsection. Each paragraph in section 936(f)(1) of this title shall be considered a separate
subsection for purposes of this section.
(4) Further guidance on estimating budgetary effects
Estimates of budgetary effects under this subsection shall be consistent with the guidance
provided at section 936(h) of this title.
(5) Inclusion of statement
For PAYGO legislation adjusted pursuant to section 936 of this title, the Chairman of the House
or Senate Budget Committee, as applicable, shall include in any statement titled "Budgetary
Effects of PAYGO Legislation", submitted for that legislation pursuant to this section, an
explanation of the current policy designation and adjustments.
(d) OMB PAYGO scorecards
(1) In general
OMB shall maintain and make publicly available a continuously updated document containing
two PAYGO scorecards displaying the budgetary effects of PAYGO legislation as determined
[Release Point 118-70]
under section 639 of this title, applying the look-back requirement in subsection (e) and the
averaging requirement in subsection (f), and a separate addendum displaying the estimates of the
costs of provisions designated in statute as emergency requirements.
(2) Estimates in legislation
Except as provided in paragraph (3), in making the calculations for the PAYGO scorecards,
OMB shall use the budgetary effects included by reference in the applicable legislation pursuant to
subsection (a).
(3) OMB PAYGO estimates
If a PAYGO Act does not contain a valid reference to its budgetary effects consistent with
subsection (a), OMB shall estimate the budgetary effects of that legislation upon its enactment.
The OMB estimate shall be based on the approaches to scorekeeping set forth in section 639 of
this title, as amended by this title, and subsection (g)(4), and shall use the same economic and
3
technical assumptions as used in the most recent budget submitted by the President under section
1105(a) of title 31.
(4) 5-year scorecard
The first scorecard shall display the budgetary effects of PAYGO legislation in each year over
the 5-year period beginning in the budget year.
(5) 10-year scorecard
The second scorecard shall display the budgetary effects of PAYGO legislation in each year
over the 10-year period beginning in the budget year.
(6) Community Living Assistance Services and Supports Act
Neither scorecard maintained by OMB pursuant to this subsection shall include net savings
from any provisions of legislation titled "Community Living Assistance Services and Supports
Act", which establishes a Federal insurance program for long-term care, if such legislation is
enacted into law, or amended, subsequent to February 12, 2010.
(e) Look-back to capture current-year effects
For purposes of this section, OMB shall treat the budgetary effects of PAYGO legislation enacted
during a session of Congress that occur during the current year as though they occurred in the budget
year.
(f) Averaging used to measure compliance over 5-year and 10-year periods
OMB shall cumulate the budgetary effects of a PAYGO Act over the budget year (which includes
any look-back effects under subsection (e)) and—
(1) for purposes of the 5-year scorecard referred to in subsection (d)(4), the four subsequent
outyears, divide that cumulative total by five, and enter the quotient in the budget-year column and
in each subsequent column of the 5-year PAYGO scorecard; and
(2) for purposes of the 10-year scorecard referred to in subsection (d)(5), the nine subsequent
outyears, divide that cumulative total by ten, and enter the quotient in the budget-year column and
in each subsequent column of the 10-year PAYGO scorecard.
(g) Emergency legislation
(1) Designation in statute
If a provision of direct spending or revenue legislation in a PAYGO Act is enacted as an
emergency requirement that the Congress so designates in statute pursuant to this section, the
amounts of new budget authority, outlays, and revenue in all fiscal years resulting from that
provision shall be treated as an emergency requirement for the purposes of this Act.
(2) Designation in the House of Representatives
If a PAYGO Act includes a provision expressly designated as an emergency for the purposes of
this chapter, the Chair shall put the question of consideration with respect thereto.
[Release Point 118-70]
(3) Point of order in the Senate
(A) In general
When the Senate is considering a PAYGO Act, if a point of order is made by a Senator
against an emergency designation in that measure, that provision making such a designation
shall be stricken from the measure and may not be offered as an amendment from the floor.
(B) Supermajority waiver and appeals
(i) Waiver
Subparagraph (A) may be waived or suspended in the Senate only by an affirmative vote
of three-fifths of the Members, duly chosen and sworn.
(ii) Appeals
Appeals in the Senate from the decisions of the Chair relating to any provision of this
subsection shall be limited to 1 hour, to be equally divided between, and controlled by, the
appellant and the manager of the bill or joint resolution, as the case may be. An affirmative
vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to
sustain an appeal of the ruling of the Chair on a point of order raised under this subsection.
(C) Definition of an emergency designation
For purposes of subparagraph (A), a provision shall be considered an emergency designation
if it designates any item as an emergency requirement pursuant to this subsection.
(D) Form of the point of order
A point of order under subparagraph (A) may be raised by a Senator as provided in section
644(e) of this title.
(E) Conference reports
When the Senate is considering a conference report on, or an amendment between the Houses
in relation to, a PAYGO Act, upon a point of order being made by any Senator pursuant to this
section, and such point of order being sustained, such material contained in such conference
report shall be deemed stricken, and the Senate shall proceed to consider the question of
whether the Senate shall recede from its amendment and concur with a further amendment, or
concur in the House amendment with a further amendment, as the case may be, which further
amendment shall consist of only that portion of the conference report or House amendment, as
the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case
in which such point of order is sustained against a conference report (or Senate amendment
derived from such conference report by operation of this subsection), no further amendment
shall be in order.
(4) Effect of designation on scoring
If a provision is designated as an emergency requirement under this Act, CBO or OMB, as
applicable, shall not include the budgetary effects of such a provision in its estimate of the
budgetary effects of that PAYGO legislation.
(Pub. L. 111–139, title I, §4, Feb. 12, 2010, 124 Stat. 9.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Statutory Pay-As-You-Go Act of 2010, referred to in subsec. (a)(1), is title I of Pub. L. 111–139, Feb.
12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 931 of this title and Tables.
This Act, referred to in subsecs. (a)(2)(A)(i), (B)(i) and (g)(1), (4), is Pub. L. 111–139, Feb. 12, 2010, 124
Stat. 8, which enacted this chapter, amended sections 639, 900, 905, and 906 of this title and section 3101 of
Title 31, Money and Finance, and enacted provisions set out as a note under section 712 of Title 31. For
complete classification of this Act to the Code, see Tables.
[Release Point 118-70]
This chapter, referred to in subsecs. (c)(1) and (g)(2), was in the original "this title", meaning title I of Pub.
L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete
classification of title I to the Code, see Short Title note set out under section 931 of this title and Tables.
As amended by this title, referred to in subsec. (d)(3), means as amended by title I of Pub. L. 111–139.
Legislation titled the "Community Living Assistance Services and Supports Act", referred to in subsec.
(d)(6), was enacted as title VIII of Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 828. Title VIII, which was also
known as the "CLASS Act", enacted subchapter XXX of chapter 6A of Title 42, The Public Health and
Welfare, amended section 1396a of Title 42, enacted provisions set out as notes under section 300ll of Title
42, and amended provisions set out as a note under section 1396p of Title 42, prior to repeal by Pub. L.
112–240, title VI, §642(b)(1), Jan. 2, 2013, 126 Stat. 2358.
CODIFICATION
Section is comprised of section 4 of Pub. L. 111–139. Subsec. (b) of section 4 of Pub. L. 111–139 amended
section 639 of this title.
So in original. Probably should be "Pay-As-You-Go Act".
1
So in original. Probably should be "savings".
2
See References in Text note below.
3 | §933. PAYGO estimates and PAYGO scorecards | 2010-02-12T00:00:00 | 8fda3db243db18624a580c63765a4a9e2560490a556db95ec90a3058677f5aa0 |
US House of Representatives | 2, 20, §934 | (a) Annual report
Not later than 14 days (excluding weekends and holidays) after Congress adjourns to end a
session, OMB shall make publicly available and cause to be printed in the Federal Register an annual
PAYGO report. The report shall include an up-to-date document containing the PAYGO scorecards,
a description of any current policy adjustments made under section 933(c) of this title, information
about emergency legislation (if any) designated under section 933(g) of this title, information about
any sequestration if required by subsection (b), and other data and explanations that enhance public
understanding of this chapter and actions taken under it.
(b) Sequestration order
If the annual report issued at the end of a session of Congress under subsection (a) shows a debit
on either PAYGO scorecard for the budget year, OMB shall prepare and the President shall issue and
include in that report a sequestration order that, upon issuance, shall reduce budgetary resources of
direct spending programs by enough to offset that debit as prescribed in section 935 of this title. If
there is a debit on both scorecards, the order shall fully offset the larger of the two debits. OMB shall
transmit the order and the report to the House of Representatives and the Senate. If the President
issues a sequestration order, the annual report shall contain, for each budget account to be
sequestered, estimates of the baseline level of budgetary resources subject to sequestration, the
amount of budgetary resources to be sequestered, and the outlay reductions that will occur in the
budget year and the subsequent fiscal year because of that sequestration.
(Pub. L. 111–139, title I, §5, Feb. 12, 2010, 124 Stat. 15.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original "this title", meaning title I of Pub. L. 111–139,
Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I
to the Code, see Short Title note set out under section 931 of this title and Tables.
[Release Point 118-70] | §934. Annual report and sequestration order | 2024-07-12T00:00:00 | c34ff0d532f275984a533daa95e6a4bbbbffe6aa2f99018e5617bbac488696bb |
US House of Representatives | 2, 20, §935 | (a) Reducing nonexempt budgetary resources by a uniform percentage
(1) In general
OMB shall calculate the uniform percentage by which the budgetary resources of nonexempt
direct spending programs are to be sequestered such that the outlay savings resulting from that
sequestration, as calculated under subsection (b), shall offset the budget-year debit, if any, on the
applicable PAYGO scorecard. If the uniform percentage calculated under the prior sentence
exceeds 4 percent, the Medicare programs described in section 906(d) of this title shall be reduced
by 4 percent and the uniform percentage by which the budgetary resources of all other nonexempt
direct spending programs are to be sequestered shall be increased, as necessary, so that the
sequestration of Medicare and of all other nonexempt direct spending programs together produce
the required outlay savings.
(2) Programs and activities in unified budget only
Subject to the exemptions set forth in section 11, OMB shall determine the uniform percentage
1
required under paragraph (1) with respect to programs and activities contained in the unified
budget only.
(b) Outlay savings
In determining the amount by which a sequestration offsets a budget-year debit, OMB shall
count—
(1) the amount by which the sequestration in a crop year of crop support payments, pursuant to
section 906(j) of this title, reduces outlays in the budget year and the subsequent fiscal year;
(2) the amount by which the sequestration of Medicare payments in the 12-month period
following the sequestration order, pursuant to section 906(d) of this title, reduces outlays in the
budget year and the subsequent fiscal year; and
(3) the amount by which the sequestration in the budget year of the budgetary resources of other
nonexempt mandatory programs reduces outlays in the budget year and in the subsequent fiscal
year.
(Pub. L. 111–139, title I, §6, Feb. 12, 2010, 124 Stat. 16.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 11, referred to in subsec. (a)(2), means section 11 of Pub. L. 111–139, which amended section 905
of this title.
See References in Text note below.
1 | §935. Calculating a sequestration | 2024-07-12T00:00:00 | 7581a19f29524ab732dbd40785066b340c80eebdf9983282f171b1d8e031a23b |
US House of Representatives | 2, 20, §936 | (a) Purpose
The purpose of this section is to provide for adjustments of estimates of budgetary effects of
PAYGO legislation for legislation affecting 4 areas of the budget—
(1) payments made under section 1395w–4 of title 42 (referred to in this section as "Payment
for Physicians' Services");
(2) the Estate and Gift Tax under subtitle B of title 26;
(3) the AMT; and
(4) provisions of EGTRRA or JGTRRA that amended title 26 (or provisions in later statutes
further amending the amendments made by EGTRRA or JGTRRA), other than—
(A) the provisions of those 2 Acts that were made permanent by the Pension Protection Act
[Release Point 118-70]
of 2006 (Public Law 109–280);
(B) amendments to the Estate and Gift Tax referred to in paragraph (2);
(C) the AMT referred to in paragraph (3); and
(D) the income tax rates on ordinary income that apply to individuals with adjusted gross
incomes greater than $200,000 for a single filer and $250,000 for joint filers.
(b) Duration
This section shall remain in effect through December 31, 2011.
(c) Medicare payments to physicians
(1) Criteria
Legislation that includes provisions amending or superseding the system for updating payments
under subsections (d) and (f) of section 1395w–4 of title 42 shall trigger the current policy
adjustment required by this chapter.
(2) Adjustment
The amount of the maximum current policy adjustment shall be the difference between—
(A) estimated net outlays attributable to the payment rates and related parameters in
accordance with subsections (d) and (f) of section 1395w–4 of title 42 (as scheduled on
December 31, 2009, to be in effect); and
(B) what those net outlays would have been if—
(i) the nominal payment rates and related parameters in effect for 2009 had been in effect
through December 31, 2014, without change; and
(ii) thereafter, the nominal payment rates and related parameters described in subparagraph
(A) had applied and the assumption described in clause (i) had never applied.
(3) Limitation
If the provisions in the legislation that cause it to meet the criteria in paragraph (1) cover a time
period that ends before December 31, 2014, subject to the maximum adjustment provided for
under paragraph (2), the amount of each current policy adjustment made pursuant to this section
shall be limited to the difference between—
(A) estimated net outlays attributable to the payment rates and related parameters specified in
section 1395w–4 of title 42 (as scheduled on December 31, 2009, to be in effect for the period
of time covered by the relevant provisions of the eligible legislation); and
(B) what those net outlays would have been if the nominal payment rates and related
parameters in effect for 2009 had been in effect, without change, for the same period of time
covered by the relevant provisions of the eligible legislation as under subparagraph (A).
(d) Estate and Gift Tax
(1) Criteria
Legislation that includes provisions amending the Estate and Gift Tax under subtitle B of title
26 shall trigger the current policy adjustment required by this chapter.
(2) Adjustment
The amount of the maximum current policy adjustment shall be the difference between—
(A) total revenues projected to be collected under title 26 (as scheduled on December 31,
2009, to be in effect); and
(B) what those revenue collections would have been if, on the date of enactment of the
legislation meeting the criteria in paragraph (1), estate and gift tax law had instead been
amended so that the tax rates, nominal exemption amounts, and related parameters in effect for
tax year 2009 had remained in effect through December 31, 2011, with nominal exemption
amounts indexed for inflation after 2009 consistent with subsection (g).
(3) Limitation
If the provisions in the legislation that cause it to meet the criteria in paragraph (1) cover a time
[Release Point 118-70]
period that ends before December 31, 2011, subject to the maximum adjustment provided for
under paragraph (2), the amount of each current policy adjustment made pursuant to this section
shall be limited to the difference between—
(A) total revenues projected to be collected under title 26 (as scheduled on December 31,
2009, to be in effect for the period of time covered by the relevant provisions of the eligible
legislation); and
(B) what those revenues would have been if the estate and gift tax law rates, nominal
exemption amounts, and related parameters in effect for 2009, with nominal exemption amounts
indexed for inflation after 2009 consistent with subsection (g), had been in effect for the same
period of time covered by the relevant provisions of the eligible legislation as under
subparagraph (A).
(4) Duration of policy adjustment
Adjustments made pursuant to this subsection are available for policies affecting the estate and
gift tax through only December 31, 2011. Any adjustments shall include budgetary effects in all
years from these policy changes.
(e) AMT relief
(1) Criteria
Legislation that includes provisions extending AMT relief shall trigger the current policy
adjustment required by this chapter.
(2) Adjustment
The amount of the maximum current policy adjustment shall be the difference between—
(A) total revenues projected to be collected under title 26 (as scheduled on December 31,
2009, to be in effect); and
(B) what those revenue collections would have been if, on the date of enactment of
legislation meeting the criteria in paragraph (1), AMT law had instead been amended by making
commensurate adjustments in the exemption amounts for joint and single filers in such a
manner that the number of taxpayers with AMT liability or lost credits that occur as a result of
the AMT would not be estimated to exceed the number of taxpayers affected by the AMT in tax
year 2008 in any year for which relief is provided, through December 31, 2011.
(3) Limitation
If the provisions in the legislation that cause it to meet the criteria in paragraph (1) cover a time
period that ends before December 31, 2011, subject to the maximum adjustment provided for
under paragraph (2), the amount of each current policy adjustment made pursuant to this section
shall be limited to the difference between—
(A) total revenues projected to be collected under title 26 (as scheduled on December 31,
2009, to be in effect for the period of time covered by the relevant provisions of the eligible
legislation); and
(B) what those revenues would have been if, on the date of enactment of legislation meeting
the criteria in paragraph (1), AMT law had instead been amended by making commensurate
adjustments in the exemption amounts for joint and single filers in such a manner that the
number of taxpayers with AMT liability or lost credits that occur as a result of the AMT would
not be estimated to exceed the number of AMT taxpayers in tax year 2008 for the same period
of time covered by the relevant provisions of the eligible legislation as under subparagraph (A).
(4) Duration of policy adjustment
Adjustments made pursuant to this subsection are available for policies affecting the AMT
through only December 31, 2011. Any adjustments shall include budgetary effects in all years
from these policy changes.
(f) Permanent extension of middle-class tax cuts
(1) Criteria
[Release Point 118-70]
Legislation that includes provisions extending middle-class tax cuts shall trigger the current
policy adjustment required by this chapter if those provisions extend 1 or more of the following
provisions:
(A) The 10 percent bracket as in effect for tax year 2010, as provided for under section 101(a)
of EGTRRA and any later amendments through December 31, 2009.
(B) The child tax credit as in effect for tax year 2010, as provided for under section 201 of
EGTRRA and any later amendments through December 31, 2009.
(C) Tax benefits for married couples as in effect for tax year 2010, as provided for under title
III of EGTRRA and any later amendments through December 31, 2009.
(D) The adoption credit as in effect in tax year 2010, as provided for under section 202 of
EGTRRA and any later amendments through December 31, 2009.
(E) The dependent care credit as in effect in tax year 2010, as provided for under section 204
of EGTRRA and any later amendments through December 31, 2009.
(F) The employer-provided child care credit as in effect in tax year 2010, as provided for
under section 205 of EGTRRA and any later amendments through December 31, 2009.
(G) The education tax benefits as in effect in tax year 2010, as provided for under title IV of
EGTRRA and any later amendments through December 31, 2009.
(H) The 25 and 28 percent brackets as in effect for tax year 2010, as provided for under
section 101(a) of EGTRRA and any later amendments through December 31, 2009.
(I) The 33 percent bracket as in effect for tax year 2010, as provided for under section 101(a)
of EGTRRA and any later amendment through December 31, 2009, affecting taxpayers with
adjusted gross income of $200,000 or less for single filers and $250,000 or less for joint filers in
tax year 2010, with these income levels indexed for inflation in each subsequent year consistent
with subsection (g).
(J) The rates on income derived from capital gains and qualified dividends as in effect for tax
year 2010, as provided for under sections 301 and 302 of JGTRRA and any later amendment
through December 31, 2009, affecting taxpayers with adjusted gross income of $200,000 or less
for single filers and $250,000 for joint filers with these income levels indexed for inflation in
each subsequent year consistent with subsection (g).
(K) The phaseout of personal exemptions and the overall limitation on itemized deductions as
in effect for tax year 2010, as provided for under sections 102 and 103 of EGTRRA of 2001,
respectively, and any later amendment through December 31, 2009, affecting taxpayer with
1
adjusted gross income of $200,000 or less for single filers and $250,000 for joint filers, with
these income levels indexed for inflation in each subsequent year consistent with subsection (g).
(L) The increase in the limitations on expensing depreciable business assets for small
businesses under section 179(b) of title 26 as in effect in tax year 2010, as provided under
section 202 of JGTRRA and any later amendment through December 31, 2009.
(2) Adjustment
The amount of the maximum current policy adjustment shall be the difference between—
(A) total revenues projected to be collected and outlays to be paid under title 26 (as scheduled
on December 31, 2009, to be in effect); and
(B) what those revenue collections and outlay payments would have been if, on the date of
enactment of legislation meeting the criteria in paragraph (1), the provisions identified in
paragraph (1) were made permanent.
(3) Limitation
If the provisions in the legislation that cause it to meet the criteria in paragraph (1) are not
permanent, subject to the maximum adjustment provided for under paragraph (2), the amount of
each current policy adjustment made pursuant to this section shall be limited to the difference
between—
(A) total revenues projected to be collected and outlays to be paid under title 26 (as scheduled
on December 31, 2009, to be in effect for the period of time covered by the relevant provisions
of the eligible legislation); and
[Release Point 118-70]
(B) what those revenue collections and outlay payments would have been if, on the date of
enactment of legislation meeting the criteria in paragraph (1), the provisions identified in
paragraph (1) had been in effect, without change, for the same period of time covered by the
relevant provisions of the eligible legislation as under subparagraph (A).
(g) Indexing for inflation
Indexed amounts are assumed to increase in each year by an amount equal to the cost-of-living
adjustment determined under section 1(f)(3) of title 26 for the calendar year in which the taxable year
begins, determined by substituting "calendar year 2008" for "calendar year 1992" in subparagraph
(B) of such section.
(h) Guidance on estimates and current policy adjustments
(1) Middle class tax cuts
For purposes of estimates made pursuant to subsection (f)—
(A) each of the income tax provisions shall be estimated as though the AMT had remained at
current law as scheduled on December 31, 2009 to be in effect; and
(B) if more than 1 of the income tax provisions is included in a single piece of legislation,
2
those provisions shall be estimated in the order in which they appear.
(2) AMT
For purposes of estimates made pursuant to subsection (e), changes to the AMT shall be
estimated as if, on the date of enactment of legislation meeting the criteria in subsection (e)(1), all
of the income tax provisions identified in subsection (f)(1) were made permanent.
(Pub. L. 111–139, title I, §7, Feb. 12, 2010, 124 Stat. 16.)
EDITORIAL NOTES
REFERENCES IN TEXT
EGTRRA, referred to in subsecs. (a)(4) and (f)(1)(C), (G), is the Economic Growth and Tax Relief
Reconciliation Act of 2001, Pub. L. 107–16, June 7, 2001, 115 Stat. 38. Titles III and IV of the Act enacted
and amended numerous sections and provisions set out as notes in Title 26, Internal Revenue Code. Section
101(a) of the Act amended section 1 of Title 26. Section 102 of the Act amended section 151 of Title 26 and
enacted provisions set out as a note under section 151 of Title 26. Section 103 of the Act amended section 68
of Title 26 and enacted provisions set out as a note under section 68 of Title 26. Section 201 of the Act
amended sections 23 to 25, 26, 32, 904, and 1400C of Title 26 and enacted provisions set out as a note under
section 24 of Title 26. Section 202 of the Act amended sections 23, 24, 26, 137, 904, and 1400C of Title 26
and enacted provisions set out as a note under section 23 of Title 26. Section 204 of the Act amended section
21 of Title 26 and enacted provisions set out as a note under section 21 of Title 26. Section 205 of the Act
enacted section 45F of Title 26, amended sections 38 and 1016 of Title 26, and enacted provisions set out as a
note under section 38 of Title 26. For complete classification of this Act to the Code, see Short Title of 2001
Amendment note set out under section 1 of Title 26 and Tables.
JGTRRA, referred to in subsecs. (a)(4) and (f)(1)(J), (L), is the Jobs and Growth Tax Relief Reconciliation
Act of 2003, Pub. L. 108–27, May 28, 2003, 117 Stat. 752. Section 202 of the Act amended section 179 of
Title 26, Internal Revenue Code, and enacted provisions set out as a note under section 179 of Title 26.
Section 301 of the Act amended sections 1, 55, 57, 1445, and 7518 of Title 26 and section 1177 of Title 46,
Appendix, Shipping, and enacted provisions set out as notes under section 1 of Title 26. Section 302 of the
Act amended sections 1, 163, 301, 306, 338, 467, 531, 541, 584, 702, 854, 857, 1255, and 1257 of Title 26,
repealed section 341 of Title 26, and enacted provisions set out as a note under section 1 of Title 26. For
complete classification of this Act to the Code, see Short Title of 2003 Amendment note set out under section
1 of Title 26 and Tables.
The Pension Protection Act of 2006, referred to in subsec. (a)(4)(A), is Pub. L. 109–280, Aug. 17, 2006,
120 Stat. 780. For complete classification of this Act to the Code, see Short Title of 2006 Amendment note set
out under section 1001 of Title 29, Labor, and Tables.
This chapter, referred to in subsecs. (c)(1), (d)(1), (e)(1), and (f)(1), was in the original "this title", meaning
title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For
complete classification of title I to the Code, see Short Title note set out under section 931 of this title and
[Release Point 118-70]
Tables.
So in original. Probably should be "taxpayers".
1
So in original. Probably should be "are".
2 | §936. Adjustment for current policies | 2003-05-28T00:00:00 | e3568e077705ce0c9e19d52c07863f93705e545739667c2dafd640150b849124 |
US House of Representatives | 2, 20, §937 | For purposes of this chapter—
(1) notwithstanding section 275 of BBEDCA, the provisions of sections 905, 906, 907, and 922
of this title, as amended by this title, shall apply to the provisions of this chapter;
1
(2) references in sections 905, 906, 907, and 922 of this title to "this subchapter" or "this title" 1
shall be interpreted as applying to this chapter;
(3) references in sections 905, 906, 907, and 922 of this title to "section 904 of this title" shall
be interpreted as referencing section 934 of this title;
(4) the reference in section 906(b) of this title to "section 902 or 903 of this title" shall be
interpreted as referencing section 934 of this title;
(5) the reference in section 906(d)(1) of this title to "section 902 or 903 of this title" shall be
interpreted as referencing section 935 of this title;
(6) the reference in section 906(d)(4) of this title to "section 902 or 903 of this title" shall be
interpreted as referencing section 934 of this title;
(7) section 906(k) of this title shall apply to a sequestration, if any, under this chapter; and
(8) references in section 907(e) of this title to "section 901, 902, or 903 of this title" shall be
2
interpreted as referencing section 933 of this title.
(Pub. L. 111–139, title I, §8, Feb. 12, 2010, 124 Stat. 21.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 111–139, Feb. 12,
2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I to the
Code, see Short Title note set out under section 931 of this title and Tables.
Section 275 of BBEDCA, referred to in par. (1), is section 275 of the Balanced Budget and Emergency
Deficit Control Act of 1985, Pub. L. 99–177, which is set out as a note under section 900 of this title.
As amended by this title, referred to in par. (1), means as amended by title I of Pub. L. 111–139.
"This title", appearing in quotes in par. (2), refers to the references to "this title" in the original in sections
905, 906, 907, and 922 of this title. "This title" appears untranslated in sections 906(h)(1), (j)(1), (3) and
922(a)(2), (3) of this title and translated as "this chapter" following "subchapter I of" in section 922(d) of this
title. Those references to "this title" mean title II of Pub. L. 99–177, known as the Balanced Budget and
Emergency Deficit Control Act of 1985. See References in Text notes set out under section 906 and 922 of
this title.
See References in Text note below.
1
So in original. Probably should be "the reference".
2 | §937. Application of BBEDCA | 2024-07-12T00:00:00 | 0961711ec00edc0ecfbbe28815b677f1dbdfaa3abcaf0f94debb6c593bd450ae |
US House of Representatives | 2, 20, §938 | Nothing in this chapter shall be construed as limiting the authority of the chairmen of the
Committees on the Budget of the House and Senate under section 643 of this title. CBO may consult
with the Chairmen of the House and Senate Budget Committees to resolve any ambiguities in this
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chapter.
(Pub. L. 111–139, title I, §12, Feb. 12, 2010, 124 Stat. 29.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 111–139, Feb. 12,
2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I to the
Code, see Short Title note set out under section 931 of this title and Tables. | §938. Determinations and points of order | 2024-07-12T00:00:00 | f30132de40d6c8524b0fae88e3d21fda032f7ad04aac26b5b5b7f0be0f045d60 |
US House of Representatives | 2, 20, §939 | (a) Limitation on changes to the Social Security Act
Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of
Representatives to consider any bill or resolution pursuant to any expedited procedure to consider the
recommendations of a Task Force for Responsible Fiscal Action or other commission that contains
recommendations with respect to the old-age, survivors, and disability insurance program established
under title II of the Social Security Act [42 U.S.C. 401 et seq.], or the taxes received under
subchapter A of chapter 9; the taxes imposed by subchapter E of chapter 1; and the taxes collected
under section 86 of part II of subchapter B of chapter 1 of the Internal Revenue Code.
(b) Waiver
This section may be waived or suspended in the Senate only by the affirmative vote of three-fifths
of the Members, duly chosen and sworn.
(c) Appeals
An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be
required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under
this section.
(Pub. L. 111–139, title I, §13, Feb. 12, 2010, 124 Stat. 29.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the
Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Subchapter A of chapter 9 and subchapter E of chapter 1, referred to in subsec. (a), probably mean
subchapter A of chapter 9 and subchapter E of chapter 1, respectively, of the Internal Revenue Code of 1939,
which were comprised of sections 1400 to 1432 and 480 to 482, respectively, and were repealed (subject to
certain exceptions) by section 7851(a)(1)(A), (3) of Title 26, Internal Revenue Code of 1986.
Section 86 of part II of subchapter B of chapter 1 of the Internal Revenue Code, referred to in subsec. (a),
probably means section 86 of part II of subchapter B of chapter 1 of the Internal Revenue Code of 1986,
which is classified to section 86 of Title 26, Internal Revenue Code. | §939. Limitation on changes to the Social Security Act | 2024-07-12T00:00:00 | 48805976e4c4cb0ee384a074f9c2af1c72dca17a4e05c8bd953c4f5f6d293ef4 |
US House of Representatives | 2, 22, §1101 | The Congress makes the following findings:
(1) Senator John C. Stennis of the State of Mississippi has served his State and country with
distinction for more than 60 years as a public servant, including service in the United States Senate
for a period of 41 years.
(2) Senator Stennis has a distinguished record as a United States Senator, including service as
the first Chairman of the Select Committee on Ethics, Chairman of the Committee on Armed
Services, Chairman of the Committee on Appropriations, and President pro tempore of the Senate.
(3) Senator Stennis has long maintained a special interest in and devotion to the development of
leadership and excellence in public service.
(4) There is a compelling need to encourage outstanding young people to pursue public service
on a career basis and to provide public service leadership training opportunities for individuals
serving in State and local governments and for individuals serving as employees of Members of
Congress.
(5) It would be a fitting tribute to Senator Stennis and to his leadership, integrity, and years of
devoted public service to establish in his name a center for the training and development of
leadership and excellence in public service.
(Pub. L. 100–458, title I, §112, Oct. 1, 1988, 102 Stat. 2172.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
SHORT TITLE
[Release Point 118-70]
Pub. L. 100–458, title I, §111, Oct. 1, 1988, 102 Stat. 2172, provided that: "This subtitle [subtitle B
(§§111–121) of title I of Pub. L. 100–458, enacting this chapter] may be cited as the 'John C. Stennis Center
for Public Service Training and Development Act'." | §1101. Congressional findings | 2024-07-12T00:00:00 | 57bd0985fd4293a9fe1aedc36d97d132c494a8aed7e4bcb8997c3b672a0142c1 |
US House of Representatives | 2, 22, §1102 | In this chapter:
(1) The term "Center" means the John C. Stennis Center for Public Service Training and
Development established under section 1103(a) of this title.
(2) The term "Board" means the Board of Trustees of the John C. Stennis Center for Public
Service Training and Development established under section 1103(b) of this title.
(3) The term "fund" means the John C. Stennis Center for Public Service Training and
Development Trust Fund provided for under section 1105 of this title. | §1102. Definitions | 2024-07-12T00:00:00 | 5b44126218225c8843db205649ab7471f16eb9bba102e0cc6992538d34e41c4c |
US House of Representatives | 2, 22, §1103 | Development
(a) Establishment
There is established in the legislative branch of the Government a center to be known as the "John
C. Stennis Center for Public Service Training and Development".
(b) Board of Trustees
The Center shall be subject to the supervision and direction of a Board of Trustees. The Board
shall be composed of seven members, as follows:
(1) Two members to be appointed by the majority leader of the Senate.
(2) One member to be appointed by the minority leader of the Senate.
(3) Two members to be appointed by the Speaker of the House of Representatives.
(4) One member to be appointed by the minority leader of the House of Representatives.
(5) The Executive Director of the Center, who shall serve as an ex officio member of the Board.
(c) Term of office
The term of office of each member of the Board appointed under paragraphs (1), (2), (3), and (4)
of subsection (b) shall be six years, except that—
(1) the members first appointed under paragraphs (1) and (2) shall serve, as designated by the
majority leader of the Senate, one for a term of two years, one for a term of four years, and one for
a term of six years;
(2) the members first appointed under paragraphs (3) and (4) shall serve, as designated by the
Speaker of the House of Representatives, one for a term of two years, one for a term of four years,
and one for a term of six years; and
(3) a member appointed to fill a vacancy shall serve for the remainder of the term for which his
predecessor was appointed and shall be appointed in the same manner as the original appointment
for that vacancy was made.
(d) Travel and subsistence pay
Members of the Board (other than the Executive Director) shall serve without pay, but shall be
entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the
performance of their duties.
(e) Location of Center
The Center shall be located at or near Starkville, Mississippi, the location of Mississippi State
University.
(Pub. L. 100–458, title I, §114, Oct. 1, 1988, 102 Stat. 2173.)
[Release Point 118-70] | §1103. Establishment of John C. Stennis Center for Public Service Training and | 2024-07-12T00:00:00 | 4a52781105733192b6d8c26cf7ca25f51344cf1a7da63fe1502832e64cfacac7 |
US House of Representatives | 2, 22, §1104 | (a) Purposes of Center
The purposes of the Center shall be—
(1) to increase awareness of the importance of public service, to foster among the youth of the
United States greater recognition and understanding of the role of public service in the
development of the United States, and to promote public service as a career choice;
(2) to provide training and development opportunities for State and local elected government
officials and employees of State and local governments in order to assist such officials and
employees to become more effective and more efficient in performing their public duties and
develop their potential for accepting increased public service opportunities; and
(3) to provide training and development opportunities for those employees of Members of the
Congress who perform key roles in helping Members of Congress serve the people of the United
States.
(b) Authority of Center
The Center is authorized, consistent with this chapter, to develop such programs, activities, and
services as it considers appropriate to carry out the purpose of this chapter. Such authority shall
include the following:
(1) The development and implementation of educational programs for secondary and
post-secondary schools and colleges designed—
(A) to improve the attitude of students toward public service;
(B) to encourage students to consider public service as a career goal;
(C) to create a better understanding of the important role that people in public service have
played in the growth and development of the United States; and
(D) to foster a sense of civic responsibility among the youth of the United States.
(2) The development and implementation of programs designed—
(A) to enhance skills and abilities of public service employees and elected officials at the
State and local levels of government;
(B) to make such officials more productive and effective in the performance of their duties;
and
(C) to help prepare such employees and officials to assume greater responsibilities in the field
of public service.
(3) The development and implementation of congressional staff training programs designed to
equip congressional staff personnel to perform their duties more effectively and efficiently.
(4) The development and implementation of media and telecommunications production
capabilities to assist the Center in expanding the reach of its programs throughout the United
States.
(5) The establishment of library and research facilities for the collection and compilation of
research materials for use in carrying out the programs of the Center.
(c) Program priorities
The Board of Trustees shall determine the priority of the programs to be carried out under this
chapter and the amount of funds to be allocated for such programs. | §1104. Purposes and authority of Center | 2024-07-12T00:00:00 | f45ca4a26c19653040b5b14d760f11360ab09f16d69dbf311f55c7d749970d6b |
US House of Representatives | 2, 22, §1105 | (a) Establishment of fund
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There is established in the Treasury of the United States a trust fund to be known as the "John C.
Stennis Center for Public Service Development Trust Fund". The fund shall consist of amounts
appropriated to it pursuant to section 1110 of this title and amounts credited to it under subsection
(d).
(b) Investment of fund assets
(1) At the request of the Center, it shall be the duty of the Secretary of the Treasury to invest in
full the amounts appropriated to the fund. Such investments may be made only in interest-bearing
obligations of the United States issued directly to the fund.
(2) The purposes for which obligations of the United States may be issued under chapter 31 of title
31 are hereby extended to authorize the issuance at par of special obligations directly to the fund.
Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as
to the end of the calendar month next preceding the date of such issue, borne by all marketable
interest-bearing obligations of the United States then forming a part of the public debt; except that
where such average rate is not a multiple of one-eighth of 1 per centum, the rate of interest of such
special obligations shall be the multiple of one-eighth of 1 per centum next lower than such average
rate. All requests of the Center to the Secretary of the Treasury provided for in this section shall be
binding upon the Secretary.
(c) Authority to sell obligations
At the request of the Center, the Secretary of the Treasury shall redeem any obligation issued
directly to the fund. Obligations issued to the fund under subsection (b)(2) shall be redeemed at par
plus accrued interest. Any other obligations issued directly to the fund shall be redeemed at the
market price.
(d) Proceeds from certain transactions credited to fund
In addition to the appropriations received pursuant to section 1110 of this title, the interest on, and
the proceeds from the sale or redemption of, any obligations held in the fund pursuant to section
1108(a) of this title, shall be credited to and form a part of the fund.
(Pub. L. 100–458, title I, §116, Oct. 1, 1988, 102 Stat. 2174; Pub. L. 101–520, title III, §313(a), Nov.
5, 1990, 104 Stat. 2282; Pub. L. 108–7, div. J, title I, §125, Feb. 20, 2003, 117 Stat. 439.)
EDITORIAL NOTES
AMENDMENTS
2003—Subsec. (b). Pub. L. 108–7, §125(1), added subsec. (b) and struck out heading and text of former
subsec. (b). Text read as follows:
"(1) It shall be the duty of the Secretary of the Treasury to invest in full the amounts appropriated to the
fund. Such investments may be made only in interest bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be
acquired on original issue at the issue price or by purchase of outstanding obligations at the marketplace.
"(2) The purposes for which obligations of the United States may be issued under chapter 31 of title 31 are
hereby extended to authorize the issuance at par of special obligations exclusively to the fund. Such special
obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the
calendar month next preceding the date of such issue, borne by all marketable interest bearing obligations of
the United States then forming a part of the public debt, except that when such average rate is not a multiple of
one-eighth of one percent, the rate of interest of such special obligations shall be the multiple of one-eighth of
one percent next lower than such average rate. Such special obligations shall be issued only if the Secretary
determines that the purchase of other interest bearing obligations of the United States, or of obligations
guaranteed as to both principal and interest by the United States or original issue or at the market price, is not
in the public interest."
Subsec. (c). Pub. L. 108–7, §125(2), added subsec. (c) and struck out heading and text of former subsec. (c).
Text read as follows: "Any obligation acquired by the fund (except special obligations issued exclusively to
the fund) may be sold by the Secretary of the Treasury at the market price, and such special obligations may
be redeemed at par plus accrued interest."
1990—Subsec. (d). Pub. L. 101–520 amended subsec. (d) generally. Prior to amendment, subsec. (d) read
[Release Point 118-70]
as follows: "The interest on, and the proceeds from the sale or redemption of, any obligations held in the fund
shall be credited to and form a part of the fund." | §1105. John C. Stennis Center for Public Service Development Trust Fund | 2024-07-12T00:00:00 | 707fa83453ac267ef72252533e47db721fa5dc4448e1a8777000fb18965e1341 |
US House of Representatives | 2, 22, §1106 | (a) In general
The Secretary of the Treasury is authorized to pay to the Center from the interest and earnings of
the fund, and moneys credited to the fund pursuant to section 1108(a) of this title, such sums as the
Board determines are necessary and appropriate to enable the Center to carry out the provisions of
this chapter.
(b) Audit by GAO
The activities of the Center under this chapter may be audited by the Government Accountability
Office under such rules and regulations as may be prescribed by the Comptroller General of the
United States. Representatives of the Government Accountability Office shall have access to all
books, accounts, records, reports, and files and all other papers, things, or property belonging to or in
use by the Center, pertaining to such activities and necessary to facilitate the audit.
(Pub. L. 100–458, title I, §117, Oct. 1, 1988, 102 Stat. 2175; Pub. L. 101–520, title III, §313(b), Nov.
5, 1990, 104 Stat. 2282; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
EDITORIAL NOTES
AMENDMENTS
2004—Subsec. (b). Pub. L. 108–271 substituted "Government Accountability Office" for "General
Accounting Office" in two places.
1990—Subsec. (a). Pub. L. 101–520 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as
follows: "The Secretary of the Treasury is authorized to pay to the Center from the interest and earnings of the
fund such sums as the Board determines are necessary and appropriate to enable the Center to carry out the
provisions of this chapter." | §1106. Expenditures and audit of trust fund | 2004-07-07T00:00:00 | 3ec51e6005619c70158aa165f60921cc96ff6b4104d9d68122359051c9c3f130 |
US House of Representatives | 2, 22, §1107 | (a) Appointment by Board
(1) There shall be an Executive Director of the Center who shall be appointed by the Board. The
Executive Director shall be the chief executive officer of the Center and shall carry out the functions
of the Center subject to the supervision and direction of the Board. The Executive Director shall
carry out such other functions consistent with the provisions of this chapter as the Board shall
prescribe.
(2) The Executive Director shall not be eligible to serve as Chairman of the Board.
(b) Compensation
The Executive Director of the Center shall be compensated at the rate specified for employees in
grade GS–18 of the General Schedule under section 5332 of title 5.
(Pub. L. 100–458, title I, §118, Oct. 1, 1988, 102 Stat. 2175.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable under specified sections of Title 5, Government
Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under
section 5376 of Title 5.
[Release Point 118-70] | §1107. Executive Director of Center | 2024-07-12T00:00:00 | 1ceff79ff8e961a212d035596097cc6b0db1d3cb0076f93596ccba90048d1df2 |
US House of Representatives | 2, 22, §1108 | (a) In general
In order to carry out the provisions of this chapter, the Center may—
(1) appoint and fix the compensation of such personnel as may be necessary to carry out the
provisions of this chapter, except that in no case shall employees other than the Executive Director
be compensated at a rate to exceed the maximum rate for employees in grade GS–15 of the
General Schedule under section 5332 of title 5;
(2) procure temporary and intermittent services of experts and consultants as are necessary to
the extent authorized by section 3109 of title 5, but at rates not to exceed the rate specified at the
time of such service for grade GS–18 under section 5332 of such title;
(3) prescribe such regulations as it considers necessary governing the manner in which its
functions shall be carried out;
(4) solicit and receive money and other property donated, bequeathed, or devised, without
condition or restriction other than it be used for the purposes of the Center, and to use, sell, or
otherwise dispose of such property for the purpose of carrying out its functions;
(5) accept and utilize the services of voluntary and noncompensated personnel and reimburse
them for travel expenses, including per diem, as authorized by section 5703 of title 5;
(6) enter into contracts, grants, or other arrangements, or modifications thereof, to carry out the
provisions of this chapter, and such contracts or modifications thereof may, with the concurrence
of two-thirds of the members of the Board, be entered into without performance or other bonds,
and without regard to section 6101 of title 41;
(7) make expenditures for official reception and representation expenses as well as expenditures
for meals, entertainment and refreshments in connection with official training sessions or other
authorized programs or activities;
(8) apply for, receive and use for the purposes of the Center grants or other assistance from
Federal sources;
(9) establish, receive and use for the purposes of the Center fees or other charges for goods or
services provided in fulfilling the Center's purposes to persons not enumerated in section 1104(b)
of this title;
(10) invest, as specified in section 1105(b) of this title, moneys authorized to be received under
this section; and
(11) make other necessary expenditures.
(b) Omitted
(Pub. L. 100–458, title I, §119, Oct. 1, 1988, 102 Stat. 2176; Pub. L. 101–163, title III, §320, Nov.
21, 1989, 103 Stat. 1068; Pub. L. 101–520, title III, §313(c), Nov. 5, 1990, 104 Stat. 2282.)
EDITORIAL NOTES
CODIFICATION
In subsec. (a)(6), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes (41 U.S.C.
5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public
Contracts.
Subsection (b), which required the Center to submit an annual report to Congress on its operations under
this chapter, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set
out as a note under section 1113 of Title 31, Money and Finance. See, also, page 143 of House Document No.
103–7.
AMENDMENTS
1990—Subsec. (a)(6) to (11). Pub. L. 101–520 struck out "and" at end of par. (6), added pars. (7) to (11),
and struck out former par. (7) which read as follows: "To make other necessary expenditures including official
reception and representation expenses."
[Release Point 118-70]
Congressional Office for International Leadership.
1151.
Sec.
1989—Subsec. (a)(7). Pub. L. 101–163 substituted "To make other necessary expenditures including
official reception and representation expenses" for "make other necessary expenditures".
STATUTORY NOTES AND RELATED SUBSIDIARIES
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable under specified sections of Title 5, Government
Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under
section 5376 of Title 5. | §1108. Administrative provisions | 2000-05-15T00:00:00 | d85f853992f92a6e0ad906808131aa44d61cc89330491c4b1d457890e286990b |
US House of Representatives | 2, 22, §1109 | There are authorized to be appropriated such sums as may be necessary to carry out this chapter. | §1109. Authorization for appropriations | 2024-07-12T00:00:00 | 5bd283dfd92ddbc3aa60343214004a1f3621e60ff50384921a9691751f1b92cd |
US House of Representatives | 2, 22, §1110 | There is appropriated to the fund the sum of $7,500,000 to carry out this chapter.
(Pub. L. 100–458, title I, §121, Oct. 1, 1988, 102 Stat. 2176.)
CHAPTER 22A—CONGRESSIONAL OFFICE FOR INTERNATIONAL
LEADERSHIP | §1110. Appropriations | 2024-07-12T00:00:00 | 37c99464d7294b7d04c67155ce8a7cfc6179dad23b0c8c4dfb6ce9866a687943 |
US House of Representatives | 2, 22, §1151 | (a) Establishment
(1) In general
There is established in the legislative branch of the Government an office to be known as the
"Congressional Office for International Leadership" (the "Office").
(2) Board of Trustees
The Office shall be subject to the supervision and direction of a Board of Trustees (the "Board")
which shall be composed of 11 members as follows:
(A) Two Members of the House of Representatives appointed by the Speaker of the House of
Representatives, one of whom shall be designated by the Majority Leader of the House of
Representatives and one of whom shall be designated by the Minority Leader of the House of
Representatives.
(B) Two Senators appointed by the President pro tempore of the Senate, one of whom shall
be designated by the Majority Leader of the Senate and one of whom shall be designated by the
Minority Leader of the Senate.
(C) The Librarian of Congress.
(D) Four private individuals with interests in improving relations between the United States
and eligible foreign states, designated by the Librarian of Congress.
(E) The chair of the Subcommittee on Legislative Branch of the Committee on
Appropriations of the House of Representatives and the chair of the Subcommittee on
Legislative Branch of the Committee on Appropriations of the Senate.
[Release Point 118-70]
Each member appointed under this paragraph shall serve for a term of 3 years. Any vacancy shall
be filled in the same manner as the original appointment and the individual so appointed shall
serve for the remainder of the term. Members of the Board shall serve without pay, but shall be
entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the
performance of their duties.
(b) Purpose and authority of the Office
(1) Purpose
The purpose of the Office is to establish, in accordance with the provisions of paragraph (2), a
program to enable emerging political and civic leaders of eligible foreign states at all levels of
government to gain significant, firsthand exposure to the American free market economic system
and the operation of American democratic institutions through visits to governments and
communities at comparable levels in the United States and to establish and administer a program
to enable cultural leaders of Russia to gain significant, firsthand exposure to the operation of
American cultural institutions.
(2) Grant program
Subject to the provisions of paragraphs (3) and (4), the Office shall establish a program under
which the Office annually awards grants to government or community organizations in the United
States that seek to establish programs under which those organizations will host nationals of
eligible foreign states who are emerging political and civic leaders at any level of government.
(3) Restrictions
(A) Duration
The period of stay in the United States for any individual supported with grant funds under
the program shall not exceed 30 days.
(B) Limitation
The number of individuals supported with grant funds under the program shall not exceed
3,500 in any fiscal year.
(C) Use of funds
Grant funds under the program shall be used to pay—
(i) the costs and expenses incurred by each program participant in traveling between an
eligible foreign state and the United States and in traveling within the United States;
(ii) the costs of providing lodging in the United States to each program participant, whether
in public accommodations or in private homes; and
(iii) such additional administrative expenses incurred by organizations in carrying out the
program as the Office may prescribe.
(4) Application
(A) In general
Each organization in the United States desiring a grant under this section shall submit an
application to the Office at such time, in such manner, and accompanied by such information as
the Office may reasonably require.
(B) Contents
Each application submitted pursuant to subparagraph (A) shall—
(i) describe the activities for which assistance under this section is sought;
(ii) include the number of program participants to be supported;
(iii) describe the qualifications of the individuals who will be participating in the program;
and
(iv) provide such additional assurances as the Office determines to be essential to ensure
compliance with the requirements of this section.
[Release Point 118-70]
(c) Establishment of Fund
(1) In general
There is established in the Treasury of the United States a trust fund to be known as the
"Congressional Office for International Leadership Fund" (the "Fund"), which shall consist of
amounts which may be appropriated, credited, or transferred to it under this section.
(2) Donations
Any money or other property donated, bequeathed, or devised to the Office under the authority
of this section shall be credited to the Fund.
(3) Fund management
(A) In general
The provisions of subsections (b), (c), and (d) of section 1105 of this title, and the provisions
of section 1106(b) of this title, shall apply to the Fund.
(B) Expenditures
The Secretary of the Treasury is authorized to pay to the Office from amounts in the Fund
such sums as the Board determines are necessary and appropriate to enable the Office to carry
out the provisions of this section.
(d) Executive Director
On behalf of the Board, the Librarian of Congress shall appoint an Executive Director who shall
be the chief executive officer of the Office and who shall carry out the functions of the Office subject
to the supervision and direction of the Board of Trustees. The Executive Director of the Office shall
be compensated at the annual rate specified by the Board, but in no event shall such rate exceed level
III of the Executive Schedule under section 5314 of title 5.
(e) Administrative provisions
(1) In general
The provisions of section 1108 of this title shall apply to the Office.
(2) Support provided by Library of Congress
The Library of Congress may disburse funds appropriated to the Office, compute and disburse
the basic pay for all personnel of the Office, provide administrative, legal, financial management,
and other appropriate services to the Office, and collect from the Fund the full costs of providing
services under this paragraph, as provided under an agreement for services ordered under sections
1535 and 1536 of title 31.
(f) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section.
(g) Transfer of funds
Any amounts appropriated for use in the program established under section 3011 of the 1999
Emergency Supplemental Appropriations Act (Public Law 106–31; 113 Stat. 93) shall be transferred
to the Fund and shall remain available without fiscal year limitation.
(h) Effective dates
(1) In general
This section shall take effect on December 21, 2000.
(2) Transfer
Subsection (g) shall only apply to amounts which remain unexpended on and after the date the
Board certifies to the Librarian of Congress that grants are ready to be made under the program
established under this section.
(j) Eligible foreign state defined
1
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In this section, the term "eligible foreign state" means—
(1) any country specified in section 5801 of title 22;
(2) Estonia, Latvia, and Lithuania; and
(3) any other country that is designated by the Board, except that the Board shall notify the
Committees on Appropriations of the Senate and the House of Representatives of the designation
at least 90 days before the designation is to take effect.
(Pub. L. 106–554, §1(a)(2) [title III, §313], Dec. 21, 2000, 114 Stat. 2763, 2763A–120; Pub. L.
108–7, div. H, title I, §1401(a), Feb. 20, 2003, 117 Stat. 382; Pub. L. 108–447, div. G, title I,
§§1501, 1502, Dec. 8, 2004, 118 Stat. 3192; Pub. L. 109–13, div. A, title III, §3402(b), May 11,
2005, 119 Stat. 272; Pub. L. 109–289, div. B, title II, §20703(d)(6), as added Pub. L. 110–5, §2, Feb.
15, 2007, 121 Stat. 39; Pub. L. 111–68, div. A, title I, §1601(a), (b), Oct. 1, 2009, 123 Stat. 2041;
Pub. L. 117–103, div. I, title I, §150(a), (b), Mar. 15, 2022, 136 Stat. 522, 523.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 3011 of the 1999 Emergency Supplemental Appropriations Act, referred to in subsec. (g), is section
3011 of Pub. L. 106–31, which is set out as a note below.
AMENDMENTS
2022—Pub. L. 117–103, §150(a)(1)(A), substituted "Congressional Office for International Leadership" for
"Open World Leadership Center" in section catchline.
Subsec. (a)(1). Pub. L. 117–103, §150(a)(1)(B), amended par. (1) generally. Prior to amendment, text read
as follows: "There is established in the legislative branch of the Government a center to be known as the 'Open
World Leadership Center (the 'Center')."
Subsec. (a)(2). Pub. L. 117–103, §150(a)(1)(C), substituted "The Office" for "The Center" in introductory
provisions.
Subsec. (b)(1). Pub. L. 117–103, §150(a)(2)(A), (b), substituted "the Office" for "the Center" and "political
and civic leaders" for "political leaders".
Subsec. (b)(2). Pub. L. 117–103, §150(a)(2)(B), (b), substituted "the Office" for "the Center" in two places
and "political and civic leaders" for "political leaders".
Subsec. (b)(3)(C)(iii). Pub. L. 117–103, §150(a)(2)(C), substituted "the Office" for "the Center".
Subsec. (b)(4)(A). Pub. L. 117–103, §150(a)(2)(D), substituted "the Office" for "the Center" in two places.
Subsec. (b)(4)(B)(iv). Pub. L. 117–103, §150(a)(2)(E), substituted "the Office" for "the Center".
Subsec. (c)(1). Pub. L. 117–103, §150(a)(3)(A), amended par. (1) generally. Prior to amendment, text read
as follows: "There is established in the Treasury of the United States a trust fund to be known as the 'Open
World Leadership Center Trust Fund' (the 'Fund') which shall consist of amounts which may be appropriated,
credited, or transferred to it under this section."
Subsec. (c)(2), (3)(B). Pub. L. 117–103, §150(a)(3)(B), substituted "the Office" for "the Center" wherever
appearing.
Subsec. (d). Pub. L. 117–103, §150(a)(4), substituted "the Office" for "the Center" wherever appearing.
Subsec. (e). Pub. L. 117–103, §150(a)(5), substituted "the Office" for "the Center" wherever appearing.
2009—Subsec. (a)(2)(A). Pub. L. 111–68, §1601(a)(1), substituted "Members of the House of
Representatives" for "members".
Subsec. (a)(2)(B). Pub. L. 111–68, §1601(a)(2), substituted "Senators" for "members".
Subsec. (d). Pub. L. 111–68, §1601(b), substituted "On behalf of the Board, the Librarian of Congress shall
appoint" for "The Board shall appoint".
2007—Subsec. (a)(2)(E). Pub. L. 109–289, §20703(d)(6), as added by Pub. L. 110–5, repealed Pub. L.
109–13, §3402(b), and amended this section to read as if Pub. L. 109–13, §3402(b), had not been enacted. See
2005 Amendment note below.
2005—Subsec. (a)(2)(E). Pub. L. 109–13, §3402(b), which substituted "chair of the Committee on
Appropriations of the House of Representatives (or another member of such Committee designated by the
chair)" for "chair of the Subcommittee on Legislative Branch of the Committee on Appropriations of the
House of Representatives", was repealed by Pub. L. 109–289, §20703(d)(6), as added by Pub. L. 110–5. See
Construction of 2005 Amendment note below.
2004—Subsec. (a)(2). Pub. L. 108–447, §1502(1), substituted "11 members" for "nine members" in
[Release Point 118-70]
introductory provisions.
Subsec. (a)(2)(E). Pub. L. 108–447, §1502(2), added subpar. (E).
Subsec. (j)(3). Pub. L. 108–447, §1501, added par. (3).
2003—Pub. L. 108–7, §1401(a)(1), substituted "Open World Leadership Center" for "Center for Russian
Leadership Development" in section catchline.
Subsec. (a)(1). Pub. L. 108–7, §1401(a)(2)(A), substituted "a center to be known as the 'Open World
Leadership Center (the 'Center')" for "a center to be known as the 'Center for Russian Leadership
Development' (the 'Center')".
Subsec. (a)(2). Pub. L. 108–7, §1401(a)(2)(B)(i), inserted "(the 'Board')" after "Board of Trustees" in
introductory provisions.
Subsec. (a)(2)(D). Pub. L. 108–7, §1401(a)(2)(B)(ii), substituted "relations between the United States and
eligible foreign states" for "United States and Russian relations".
Subsec. (b)(1). Pub. L. 108–7, §1401(a)(3)(A), substituted "eligible foreign states" for "Russia" and inserted
"and to establish and administer a program to enable cultural leaders of Russia to gain significant, firsthand
exposure to the operation of American cultural institutions" before period at end.
Subsec. (b)(2). Pub. L. 108–7, §1401(a)(3)(B), substituted "nationals of eligible foreign states" for "Russian
nationals".
Subsec. (b)(3)(B). Pub. L. 108–7, §1401(a)(3)(C)(i), substituted "3,500" for "3,000".
Subsec. (b)(3)(C)(i). Pub. L. 108–7, §1401(a)(3)(C)(ii), substituted "an eligible foreign state" for "Russia".
Subsec. (c)(1). Pub. L. 108–7, §1401(a)(4)(A), substituted "Open World Leadership Center Trust Fund" for
"Russian Leadership Development Center Trust Fund".
Subsec. (c)(3)(B). Pub. L. 108–7, §1401(a)(4)(B), struck out "of Trustees of the Center" after "Board".
Subsec. (h)(2). Pub. L. 108–7, §1401(a)(5), struck out "of Trustees of the Center" after "Board".
Subsec. (j). Pub. L. 108–7, §1401(a)(6), added subsec. (j).
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Pub. L. 117–103, div. I, title I, §150(c), Mar. 15, 2022, 136 Stat. 523, provided that: "Any reference in any
law, rule, or regulation—
"(1) to the Open World Leadership Center shall be deemed to refer to the Congressional Office for
International Leadership; and
"(2) to the Open World Leadership Center Trust Fund shall be deemed to refer to the Congressional
Office for International Leadership Fund."
EFFECTIVE DATE OF 2022 AMENDMENT; TRANSITION
Pub. L. 117–103, div. I, title I, §150(d), Mar. 15, 2022, 136 Stat. 523, provided that:
"(1)
.—This section [amending this section and enacting provisions set out as a note
EFFECTIVE DATE
under this section] and the amendments made by this section shall take effect on or after the later of October
1, 2021, or the date of the enactment of this Act [Mar. 15, 2022].
"(2)
.—The individual serving as the Executive
SERVICE OF CURRENT EXECUTIVE DIRECTOR
Director of the Open World Leadership Center as of the day before the date of the enactment of this Act shall
be deemed to have been appointed by the Librarian of Congress to serve as the Executive Director of the
Congressional Office for International Leadership."
EFFECTIVE DATE OF 2009 AMENDMENT
Pub. L. 111–68, div. A, title I, §1601(c), Oct. 1, 2009, 123 Stat. 2041, provided that: "The amendments
made by this subsection [probably means section 1601 of Pub. L. 111–68, which amended this section] shall
apply with respect to—
"(1) appointments made on and after the date of enactment of this Act [Oct. 1, 2009]; and
"(2) the remainder of the fiscal year in which enacted, and each fiscal year thereafter."
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–7, div. H, title I, §1401(b), Feb. 20, 2003, 117 Stat. 382, provided that: "The amendments made
by this section [amending this section] shall take effect 90 days after the date of enactment of this Act [Feb.
20, 2003]."
CONSTRUCTION OF 2005 AMENDMENT
[Release Point 118-70]
Pub. L. 109–289, div. B, title II, §20703(d)(6), as added by Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 39,
provided that: "Section 3402 of the Emergency Supplemental Appropriations Act for Defense, the Global War
on Terror, and Tsunami Relief, 2005 (Public Law 109–13; 119 Stat. 272) [amending this section and
provisions set out as a note under section 132b of this title] is repealed, and each provision of law amended by
such section is restored as if such section had not been enacted into law."
RUSSIAN LEADERSHIP PROGRAM
Pub. L. 106–31, title III, §3011, May 21, 1999, 113 Stat. 93, as amended by Pub. L. 106–113, div. B, | §1151. Congressional Office for International Leadership | 1999-05-21T00:00:00 | aa3c0a408fa731b6c5642bfb257f323353de57fb6bac7512f7fd19f7f5f51941 |
US House of Representatives | 2, 22, §1161 | Hunger Fellows
(a) Short title
This section may be cited as the "Bill Emerson National Hunger Fellows and Mickey Leland
International Hunger Fellows Program Act of 2008".
(b) Definitions
In this subsection: 1
(1) Director
The term "Director" means the head of the Congressional Hunger Center.
(2) Fellow
The term "fellow" means—
(A) a Bill Emerson Hunger Fellow; or
(B) Mickey Leland Hunger Fellow.
(3) Fellowship Programs
The term "Fellowship Programs" means the Bill Emerson National Hunger Fellowship Program
and the Mickey Leland International Hunger Fellowship Program established under subsection
(c)(1).
(c) Fellowship Programs
(1) In general
There is established the Bill Emerson National Hunger Fellowship Program and the Mickey
Leland International Hunger Fellowship Program.
(2) Purposes
(A) In general
The purposes of the Fellowship Programs are—
(i) to encourage future leaders of the United States—
(I) to pursue careers in humanitarian and public service;
(II) to recognize the needs of low-income people and hungry people;
(III) to provide assistance to people in need; and
(IV) to seek public policy solutions to the challenges of hunger and poverty;
(ii) to provide training and development opportunities for such leaders through placement
in programs operated by appropriate organizations or entities; and
(iii) to increase awareness of the importance of public service.
(B) Bill Emerson Hunger Fellowship Program
The purpose of the Bill Emerson Hunger Fellowship Program is to address hunger and
poverty in the United States.
(C) Mickey Leland Hunger Fellowship Program
The purpose of the Mickey Leland Hunger Fellowship Program is to address international
hunger and other humanitarian needs.
(3) Administration
(A) In general
Subject to subparagraph (B), the Secretary shall offer to provide a grant to the Congressional
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Hunger Center to administer the Fellowship Programs.
(B) Terms of grant
The terms of the grant provided under subparagraph (A), including the length of the grant and
provisions for the alteration or termination of the grant, shall be determined by the Secretary in
accordance with this section.
(d) Fellowships
(1) In general
The Director shall make available Bill Emerson Hunger Fellowships and Mickey Leland
Hunger Fellowships in accordance with this subsection.
(2) Curriculum
(A) In general
The Fellowship Programs shall provide experience and training to develop the skills
necessary to train fellows to carry out the purposes described in subsection (c)(2), including—
(i) training in direct service programs for the hungry and other anti-hunger programs in
conjunction with community-based organizations through a program of field placement; and
(ii) providing experience in policy development through placement in a governmental
entity or nongovernmental, nonprofit, or private sector organization.
(B) Work plan
To carry out subparagraph (A) and assist in the evaluation of the fellowships under paragraph
(6), the Director shall, for each fellow, approve a work plan that identifies the target objectives
for the fellow in the fellowship, including specific duties and responsibilities relating to those
objectives.
(3) Period of fellowship
(A) Bill Emerson Hunger Fellow
A Bill Emerson Hunger Fellowship awarded under this section shall be for not more than 15
months.
(B) Mickey Leland Hunger Fellow
A Mickey Leland Hunger Fellowship awarded under this section shall be for not more than 2
years.
(4) Selection of fellows
(A) In general
Fellowships shall be awarded pursuant to a nationwide competition established by the
Director.
(B) Qualifications
A successful program applicant shall be an individual who has demonstrated—
(i) an intent to pursue a career in humanitarian services and outstanding potential for such a
career;
(ii) leadership potential or actual leadership experience;
(iii) diverse life experience;
(iv) proficient writing and speaking skills;
(v) an ability to live in poor or diverse communities; and
(vi) such other attributes as are considered to be appropriate by the Director.
(5) Amount of award
(A) In general
A fellow shall receive—
(i) a living allowance during the term of the Fellowship; and
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(ii) subject to subparagraph (B), an end-of-service award.
(B) Requirement for successful completion of fellowship
Each fellow shall be entitled to receive an end-of-service award at an appropriate rate for
each month of satisfactory service completed, as determined by the Director.
(C) Terms of fellowship
A fellow shall not be considered an employee of—
(i) the Department of Agriculture;
(ii) the Congressional Hunger Center; or
(iii) a host agency in the field or policy placement of the fellow.
(D) Recognition of fellowship award
(i) Emerson Fellow
An individual awarded a fellowship from the Bill Emerson Hunger Fellowship shall be
known as an "Emerson Fellow".
(ii) Leland Fellow
An individual awarded a fellowship from the Mickey Leland Hunger Fellowship shall be
known as a "Leland Fellow".
(6) Evaluations and audits
Under terms stipulated in the contract entered into under subsection (c)(3), the Director shall—
(A) conduct periodic evaluations of the Fellowship Programs; and
(B) arrange for annual independent financial audits of expenditures under the Fellowship
Programs.
(e) Authority
(1) In general
Subject to paragraph (2), in carrying out this section, the Director may solicit, accept, use, and
dispose of gifts, bequests, or devises of services or property, both real and personal, for the
purpose of facilitating the work of the Fellowship Programs.
(2) Limitation
Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts,
bequests, or devises shall be used exclusively for the purposes of the Fellowship Programs.
(f) Report
The Director shall annually submit to the Secretary of Agriculture, the Committee on Agriculture
of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that—
(1) describes the activities and expenditures of the Fellowship Programs during the preceding
fiscal year, including expenditures made from funds made available under subsection (g); and
(2) includes the results of evaluations and audits required by subsection (d).
(g) Authorization of appropriations
There are authorized to be appropriated to the Secretary such sums as are necessary to carry out
this section, to remain available until expended.
(Pub. L. 107–171, title IV, §4404, May 13, 2002, 116 Stat. 335; Pub. L. 110–161, div. H, title I, | §1161. Bill Emerson National Hunger Fellows and Mickey Leland International | 2002-05-13T00:00:00 | fe468ab6cdd2abd823f1bdd4d33b699580c017d18bfde9d6f9b8df45fe51a4a7 |
US House of Representatives | 2, 24, §1301 | (a) In general
Except as otherwise specifically provided in this chapter, as used in this chapter:
(1) Board
The term "Board" means the Board of Directors of the Office of Congressional Workplace
Rights.
(2) Chair
The term "Chair" means the Chair of the Board of Directors of the Office of Congressional
Workplace Rights.
(3) Covered employee
The term "covered employee" means any employee of—
(A) the House of Representatives;
(B) the Senate;
(C) the Office of Congressional Accessibility Services;
(D) the Capitol Police;
(E) the Congressional Budget Office;
(F) the Office of the Architect of the Capitol;
(G) the Office of the Attending Physician;
(H) the Office of Congressional Workplace Rights;
(I) the Office of Technology Assessment;
[Release Point 118-70]
(J) the Library of Congress, except for section 1351 of this title; or
(K) the John C. Stennis Center for Public Service Training and Development.
(4) Employee
The term "employee" includes an applicant for employment and a former employee.
(5) Employee of the Office of the Architect of the Capitol
The term "employee of the Office of the Architect of the Capitol" includes any employee of the
Office of the Architect of the Capitol or the Botanic Garden.
(6) Employee of the Capitol Police
The term "employee of the Capitol Police" includes any member or officer of the Capitol
Police.
(7) Employee of the House of Representatives
The term "employee of the House of Representatives" includes an individual occupying a
position the pay for which is disbursed by the Chief Administrative Officer of the House of
Representatives, or another official designated by the House of Representatives, or any
employment position in an entity that is paid with funds derived from the clerk-hire allowance of
the House of Representatives but not any such individual employed by any entity listed in
subparagraphs (C) through (K) of paragraph (3).
(8) Employee of the Senate
The term "employee of the Senate" includes any employee whose pay is disbursed by the
Secretary of the Senate, but not any such individual employed by any entity listed in
subparagraphs (C) through (K) of paragraph (3).
(9) Employing office
The term "employing office" means—
(A) the personal office of a Member of the House of Representatives or of a Senator;
(B) a committee of the House of Representatives or the Senate or a joint committee;
(C) any other office headed by a person with the final authority to appoint, hire, discharge,
and set the terms, conditions, or privileges of the employment of an employee of the House of
Representatives or the Senate;
(D) the Office of Congressional Accessibility Services, the United States Capitol Police, the
Congressional Budget Office, the Office of the Architect of the Capitol, the Office of the
Attending Physician, the Office of Congressional Workplace Rights, the Office of Technology
Assessment, and the John C. Stennis Center for Public Service Training and Development; or
(E) the Library of Congress, except for section 1351 of this title.
(10) Executive Director
The term "Executive Director" means the Executive Director of the Office of Congressional
Workplace Rights.
(11) General Counsel
The term "General Counsel" means the General Counsel of the Office of Congressional
Workplace Rights.
(12) Office
The term "Office" means the Office of Congressional Workplace Rights.
(b) Clarification of coverage of employees of certain commissions
(1) Coverage
With respect to the United States Commission on International Religious Freedom, the China
Review Commission, the Congressional-Executive China Commission, and the Helsinki
Commission—
(A) any individual who is an employee of such Commission shall be considered a covered
[Release Point 118-70]
employee for purposes of this chapter; and
(B) the Commission shall be considered an employing office for purposes of this chapter.
(2) Authority to provide legal assistance and representation
(A) Subject to paragraph (3), legal assistance and representation under this chapter, including
assistance and representation with respect to the proposal or acceptance of the disposition of a
claim under this chapter, shall be provided to the China Review Commission, the
Congressional-Executive China Commission, and the Helsinki Commission—
(i) by the Office of House Employment Counsel of the House of Representatives, in the case
of assistance and representation in connection with a claim filed under subchapter IV (including
all subsequent proceedings under such subchapter in connection with the claim) at a time when
the chair of the Commission is a Member of the House, and in the case of assistance and
representation in connection with any subsequent claim under subchapter IV related to the
initial claim where the subsequent claim involves the same parties; or
(ii) by the Office of Senate Chief Counsel for Employment of the Senate, in the case of
assistance and representation in connection with a claim filed under subchapter IV (including all
subsequent proceedings under such subchapter in connection with the claim) at a time when the
chair of the Commission is a Senator, and in the case of assistance and representation in
connection with any subsequent claim under subchapter IV related to the initial claim where the
subsequent claim involves the same parties.
(B) Legal assistance and representation under this chapter, including assistance and
representation with respect to the proposal or acceptance of the disposition of a claim under this
chapter, shall be provided to the United States Commission on International Religious Freedom by
the Office of Senate Chief Counsel for Employment of the Senate, in the case of assistance and
representation in connection with a claim filed under subchapter IV (including all subsequent
proceedings under such subchapter in connection with such claim).
(3) Definitions
In this subsection—
(A) the term "China Review Commission" means the United States-China Economic and
Security Review Commission established under section 7002 of title 22, as enacted into law by
section 1 of Public Law 106–398;
(B) the term "Congressional-Executive China Commission" means the
Congressional–Executive Commission on the People's Republic of China established under title
III of the U.S.–China Relations Act of 2000 (Public Law 106–286; 22 U.S.C. 6911 et seq.);
(C) the term "Helsinki Commission" means the Commission on Security and Cooperation in
Europe established under the Act entitled "An Act to establish a Commission on Security and
Cooperation in Europe", approved June 3, 1976 (Public Law 94–304; 22 U.S.C. 3001 et seq.);
and
(D) the term "United States Commission on International Religious Freedom" means the
Commission established under section 6431 of title 22.
(Pub. L. 104–1, title I, §101, Jan. 23, 1995, 109 Stat. 4; Pub. L. 110–279, §1(g)(1), July 17, 2008,
122 Stat. 2609; Pub. L. 110–437, title IV, §422(b)(1), (2), Oct. 20, 2008, 122 Stat. 4996; Pub. L.
111–145, §2(a)(5)(A), Mar. 4, 2010, 124 Stat. 50; Pub. L. 115–141, div. I, title I, §153(a)(1)(A),
Mar. 23, 2018, 132 Stat. 785; Pub. L. 115–397, title III, §§302(b), 305(a)–(c), 308(b)(1)–(7), Dec.
21, 2018, 132 Stat. 5321, 5323, 5324, 5326; Pub. L. 116–94, div. J, title VIII, §805(b), Dec. 20,
2019, 133 Stat. 3077.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109
Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see
[Release Point 118-70]
Short Title note below and Tables.
The U.S.–China Relations Act of 2000, referred to in subsec. (b)(3)(B), is div. B of Pub. L. 106–286, Oct.
10, 2000, 114 Stat. 891. Title III of the Act is classified to subchapter II (§6911 et seq.) of chapter 77 of Title
22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note
set out under section 6901 of Title 22 and Tables.
AMENDMENTS
2019—Subsec. (b)(1). Pub. L. 116–94, §805(b)(1), inserted "the United States Commission on International
Religious Freedom," after "With respect to" in introductory provisions.
Subsec. (b)(2). Pub. L. 116–94, §805(b)(2), inserted subpar. (A) designation before "Subject to paragraph
(3),", redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added
subpar. (B).
Subsec. (b)(3)(D). Pub. L. 116–94, §805(b)(3), added subpar. (D).
2018—Pub. L. 115–397, §305(a), designated existing provisions as subsec. (a), inserted heading, and added
subsec. (b).
Subsec. (a). Pub. L. 115–397, §308(b)(1)–(7), substituted "Office of Congressional Workplace Rights" for
"Office of Compliance" wherever appearing.
Par. (3)(J). Pub. L. 115–141, §153(a)(1)(A)(i), added subpar. (J). Par. (3)(J) subsequently redesignated
subsec. (a)(3)(J).
Subsec. (a)(3)(K). Pub. L. 115–397, §305(b)(1), added subpar. (K).
Subsec. (a)(7). Pub. L. 115–397, §305(c), substituted "subparagraphs (C) through (K)" for "subparagraphs
(C) through (I)".
Pub. L. 115–397, §302(b), substituted "disbursed by the Chief Administrative Officer of the House of
Representatives" for "disbursed by the Clerk of the House of Representatives". Amendment, which was
directed to par. (7), was executed to subsec. (a)(7) to reflect the intervening redesignation made by section
305(a) of Pub. L. 115–397. See above.
Subsec. (a)(8). Pub. L. 115–397, §305(c), substituted "subparagraphs (C) through (K)" for "subparagraphs
(C) through (I)".
Subsec. (a)(9)(D). Pub. L. 115–397, §305(b)(2), substituted "the Office of Technology Assessment, and the
John C. Stennis Center for Public Service Training and Development" for "and the Office of Technology
Assessment".
Par. (9)(E). Pub. L. 115–141, §153(a)(1)(A)(ii), added subpar. (E). Par. (9)(E) subsequently redesignated
subsec. (a)(9)(E).
2010—Par. (9)(D). Pub. L. 111–145 substituted "the United States Capitol Police," for "the Capitol Police
Board,".
2008—Par. (3)(C). Pub. L. 110–437, §422(b)(1), substituted "the Office of Congressional Accessibility
Services;" for "the Capitol Guide Service;".
Par. (5). Pub. L. 110–279, which directed substitution of "or the Botanic Garden" for ", the Botanic Garden,
or the Senate Restaurant", was executed by making the substitution for ", the Botanic Garden, or the Senate
Restaurants" to reflect the probable intent of Congress.
Par. (9)(D). Pub. L. 110–437, §422(b)(2), substituted "the Office of Congressional Accessibility Services,"
for "the Capitol Guide Board,".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT
Pub. L. 115–397, title III, §305(d), Dec. 21, 2018, 132 Stat. 5324, provided that: "The amendments made by
this section [amending this section] shall take effect as if included in the enactment of the Congressional
Accountability Act of 1995 [Pub. L. 104–1]."
Amendment by section 308(b) of Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office
of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to
refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set
out as a note under section 1381 of this title.
Pub. L. 115–397, title IV, §401, Dec. 21, 2018, 132 Stat. 5327, provided that:
"(a)
.—Except as otherwise provided in this Act [See Short Title of 2018 Amendment note
IN GENERAL
below], this Act and the amendments made by this Act shall take effect upon the expiration of the 180-day
period which begins on the date of the enactment of this Act [Dec. 21, 2018].
"(b)
.—Nothing in this Act or the amendments made by this
NO EFFECT ON PENDING PROCEEDINGS
[Release Point 118-70]
Act may be construed to affect any proceeding or payment of an award or settlement relating to a claim under
title IV of the Congressional Accountability Act of 1995 (2 U.S.C. 1401 et seq.) which is pending as of the
date after that 180-day period. If, as of that date, an employee has begun any of the proceedings under that
title that were available to the employee prior to that date, the employee may complete, or initiate and
complete, all such proceedings, and such proceedings shall remain in effect with respect to, and provide the
exclusive proceedings for, the claim involved until the completion of all such proceedings."
Pub. L. 115–141, div. I, title I, §153(c), Mar. 23, 2018, 132 Stat. 787, provided that: "This section
[amending this section and sections 1314 to 1316, 1331, 1341, 1351, 1401, 1404, and 1415 of this title] and
the amendments made by this section—
"(1) shall take effect on the date of enactment of this section [Mar. 23, 2018]; and
"(2) shall apply to any charge, complaint, or claim, that is made on or after the date of enactment of
this section, of a violation of—
"(A) section 201, 202, 203, 207, or 210 of the Congressional Accountability Act of 1995 (2
U.S.C. 1311 et seq.) [2 U.S.C. 1311, 1312, 1313, 1317, 1331]; or
"(B) a direct provision as defined in section 404(a) of the Congressional Accountability Act of
1995 (2 U.S.C. 1404[(a)]) (as added by subsection (b))."
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–437, title IV, §422(d), Oct. 20, 2008, 122 Stat. 4997, provided that: "The amendments made by
this section [amending this section and sections 1331 and 1341 of this title and section 2107 of Title 5,
Government Organization and Employees, and repealing section 2166 of this title] shall take effect on the
transfer date [first day of first pay period (applicable to employees transferred under section 2241 of this title)
on or after 30 days after Oct. 20, 2008, see section 2261 of this title]."
Amendment by Pub. L. 110–279 effective July 17, 2008, and applicable to remainder of fiscal year in
which enacted and each fiscal year thereafter, see section 2051(i) of this title.
SHORT TITLE OF 2021 AMENDMENT
Pub. L. 116–283, div. A, title XI, §1103(a), Jan. 1, 2021, 134 Stat. 3886, provided that: "This section
[amending section 1312 of this title, section 412 of Title 3, The President, sections 6301, 6381, and 6382 of
Title 5, Government Organization and Employees, section 7425 of Title 38, Veterans' Benefits, and section
40122 of Title 49, Transportation, and enacting provisions set out as notes under section 1312 of this title,
section 412 of Title 3, section 7425 of Title 38, and section 40122 of Title 49] may be cited as the 'Paid
Parental Leave Technical Corrections Act of 2020'."
SHORT TITLE OF 2018 AMENDMENT
Pub. L. 115–397, §1(a), Dec. 21, 2018, 132 Stat. 5297, provided that: "This Act [enacting sections 1362,
1388, 1402a, 1417, 1437a, and 1437b of this title, amending this section and sections 1302, 1311, 1331, 1341,
1351, 1361, 1381, 1382, 1384, 1401 to 1405, 1408, 1414 to 1416, 1431, and 1438 of this title and section
8437 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under this
section and sections 1331, 1381, and 1415 of this title] may be cited as the 'Congressional Accountability Act
of 1995 Reform Act'."
SHORT TITLE OF 2015 AMENDMENT
Pub. L. 114–6, §1, Mar. 20, 2015, 129 Stat. 81, provided that: "This Act [amending sections 1403, 1404,
and 1416 of this title and enacting provisions set out as notes under sections 1381 and 1403 of this title] may
be cited as the 'Office of Compliance Administrative and Technical Corrections Act of 2015'."
SHORT TITLE
Pub. L. 104–1, §1(a), Jan. 23, 1995, 109 Stat. 3, provided that: "This Act [enacting this chapter, amending
sections 1201, 1202, 1219, 1220, and 1831 of this title, section 6381 of Title 5, Government Organization and
Employees, sections 203, 633a, 2611, and 2617 of Title 29, Labor, and sections 2000e–16 and 12209 of Title
42, The Public Health and Welfare, repealing sections 60m, 60n, 1203 to 1218, 1221, 1223, and 1224 of this
title, and enacting provisions set out as a note under section 751 of Title 31, Money and Finance] may be cited
as the 'Congressional Accountability Act of 1995'."
CONSTRUCTION OF 2010 AMENDMENT
Pub. L. 111–145, §2(a)(5)(B), Mar. 4, 2010, 124 Stat. 50, provided that: "Nothing in the amendment made
by subparagraph (A) [amending this section] may be construed to affect any procedure initiated under title IV
of the Congressional Accountability Act of 1995 [2 U.S.C. 1401 et seq.] prior to the date of the enactment of
[Release Point 118-70]
this Act [Mar. 4, 2010]." | §1301. Definitions | 2008-07-17T00:00:00 | 6333bcdfd1dc686cfeb37d0ec57311f3d3b4614549ed61aaef1d8348aa806700 |
US House of Representatives | 2, 24, §1302 | (a) Laws made applicable
The following laws shall apply, as prescribed by this chapter, to the legislative branch of the
Federal Government:
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
(2) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).
(3) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(4) The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.).
(5) The Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.).
(6) The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
(7) Chapter 71 (relating to Federal service labor-management relations) of title 5.
(8) The Employee Polygraph Protection Act of 1988 (29 U.S.C. 2001 et seq.).
(9) The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.).
(10) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(11) Chapter 43 (relating to veterans' employment and reemployment) of title 38.
(12) Section 9202 of title 5.1
(b) Laws which may be made applicable
(1) In general
The Board shall review provisions of Federal law (including regulations) relating to (A) the
terms and conditions of employment (including hiring, promotion, demotion, termination, salary,
wages, overtime compensation, benefits, work assignments or reassignments, grievance and
disciplinary procedures, protection from discrimination in personnel actions, occupational health
and safety, and family and medical and other leave) of employees, and (B) access to public
services and accommodations.
(2) Board report
Beginning on December 31, 1996, and every 2 years thereafter, the Board shall report on (A)
whether or to what degree the provisions described in paragraph (1) are applicable or inapplicable
to the legislative branch, and (B) with respect to provisions inapplicable to the legislative branch,
whether such provisions should be made applicable to the legislative branch. The presiding
officers of the House of Representatives and the Senate shall cause each such report to be printed
in the Congressional Record and each such report shall be referred to the committees of the House
of Representatives and the Senate with jurisdiction.
(3) Reports of congressional committees
Each report accompanying any bill or joint resolution relating to terms and conditions of
employment or access to public services or accommodations reported by a committee of the House
of Representatives or the Senate shall—
(A) describe the manner in which the provisions of the bill or joint resolution apply to the
legislative branch; or
(B) in the case of a provision not applicable to the legislative branch, include a statement of
the reasons the provision does not apply.
On the objection of any Member, it shall not be in order for the Senate or the House of
Representatives to consider any such bill or joint resolution if the report of the committee on such
bill or joint resolution does not comply with the provisions of this paragraph. This paragraph may
be waived in either House by majority vote of that House.
(c) Genetic Information Nondiscrimination Act of 2008
[Release Point 118-70]
(1) In general
The provisions of this chapter that apply to a violation of section 1311(a)(1) of this title shall be
considered to apply to a violation of title II of the Genetic Information Nondiscrimination Act of
2008 (42 U.S.C. 2000ff et seq.), consistent with section 207(c) of that Act (42 U.S.C.
2000ff–6(c)).
(2) Construction
(A) No limitation on other laws
Nothing in this section limits the provisions of this chapter that apply to a violation of a law
described in subparagraph (B).
(B) Other laws
A law described in this subparagraph is a law (even if not listed in subsection (a) or this
subsection) that explicitly applies one or more provisions of this chapter to a violation.
(Pub. L. 104–1, title I, §102, Jan. 23, 1995, 109 Stat. 5; Pub. L. 115–397, title III, §301, Dec. 21,
2018, 132 Stat. 5320; Pub. L. 116–92, div. A, title XI, §1122(d)(1)(A), Dec. 20, 2019, 133 Stat.
1608.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (c), was in the original "this Act", meaning Pub. L. 104–1, Jan.
23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 1301 of this title and Tables.
The Fair Labor Standards Act of 1938, referred to in subsec. (a)(1), is act June 25, 1938, ch. 676, 52 Stat.
1060, as amended, which is classified generally to chapter 8 (§201 et seq.) of Title 29, Labor. For complete
classification of this Act to the Code, see section 201 of Title 29 and Tables.
The Civil Rights Act of 1964, referred to in subsec. (a)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 252.
Title VII of the Act is classified generally to subchapter VI (§2000e et seq.) of chapter 21 of Title 42, The
Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out
under section 2000a of Title 42 and Tables.
The Americans with Disabilities Act of 1990, referred to in subsec. (a)(3), is Pub. L. 101–336, July 26,
1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42. For complete
classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Age Discrimination in Employment Act of 1967, referred to in subsec. (a)(4), is Pub. L. 90–202, Dec.
15, 1967, 81 Stat. 602, which is classified generally to chapter 14 (§621 et seq.) of Title 29, Labor. For
complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 29 and
Tables.
The Family and Medical Leave Act of 1993, referred to in subsec. (a)(5), is Pub. L. 103–3, Feb. 5, 1993,
107 Stat. 6, as amended, which enacted sections 60m and 60n of this title, sections 6381 to 6387 of Title 5,
Government Organization and Employees, and chapter 28 (§2601 et seq.) of Title 29, Labor, amended section
2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. For complete
classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables.
The Occupational Safety and Health Act of 1970, referred to in subsec. (a)(6), is Pub. L. 91–596, Dec. 29,
1970, 84 Stat. 1590, which is classified principally to chapter 15 (§651 et seq.) of Title 29. For complete
classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.
The Employee Polygraph Protection Act of 1988, referred to in subsec. (a)(8), is Pub. L. 100–347, June 27,
1988, 102 Stat. 646, which is classified generally to chapter 22 (§2001 et seq.) of Title 29. For complete
classification of this Act to the Code, see Short Title note set out under section 2001 of Title 29 and Tables.
The Worker Adjustment and Retraining Notification Act, referred to in subsec. (a)(9), is Pub. L. 100–379,
Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§2101 et seq.) of Title 29. For
complete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and
Tables.
The Rehabilitation Act of 1973, referred to in subsec. (a)(10), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat.
355, which is classified generally to chapter 16 (§701 et seq.) of Title 29. For complete classification of this
Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.
[Release Point 118-70]
The Genetic Information Nondiscrimination Act of 2008, referred to in subsec. (c)(1), is Pub. L. 110–233,
May 21, 2008, 122 Stat. 881. Title II of the Act is classified generally to chapter 21F (§2000ff et seq.) of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set
out under section 2000ff of Title 42 and Tables.
AMENDMENTS
2019—Subsec. (a)(12). Pub. L. 116–92 added par. (12).
2018—Subsec. (c). Pub. L. 115–397 added subsec. (c).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2019 AMENDMENT
Subsec. (a)(12) of this section, as added by Pub. L. 116–92, effective 2 years after Dec. 20, 2019, see
section 1316b(e) of this title and section 1122(b)(2) of Pub. L. 116–92, set out as a note under section 9202 of
Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21,
2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note
under section 1301 of this title.
See Effective Date of 2019 Amendment note below.
1
SUBCHAPTER II—EXTENSION OF RIGHTS AND PROTECTIONS
PART A—EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL
LEAVE, FAIR LABOR STANDARDS, EMPLOYEE POLYGRAPH
PROTECTION, WORKER ADJUSTMENT AND RETRAINING,
EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND
INTIMIDATION | §1302. Application of laws | 2008-05-21T00:00:00 | 68b9d4a58750e2e9e4ec6e2b72b0dad36e2919c9386b4ea6fcc989f77066f183 |
US House of Representatives | 2, 24, §1311 | Discrimination in Employment Act of 1967, Rehabilitation Act of 1973, and
title I of Americans with Disabilities Act of 1990
(a) Discriminatory practices prohibited
All personnel actions affecting covered employees shall be made free from any discrimination
based on—
(1) race, color, religion, sex, or national origin, within the meaning of section 703 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e–2);
(2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of
1967 (29 U.S.C. 633a); or
(3) disability, within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C.
791) and sections 102 through 104 of the Americans with Disabilities Act of 1990 (42 U.S.C.
12112–12114).
(b) Remedy
(1) Civil rights
[Release Point 118-70]
The remedy for a violation of subsection (a)(1) shall be—
(A) such remedy as would be appropriate if awarded under section 706(g) of the Civil Rights
Act of 1964 (42 U.S.C. 2000e–5(g)); and
(B) such compensatory damages as would be appropriate if awarded under section 1981 of
title 42, or as would be appropriate if awarded under sections 1981a(a)(1), 1981a(b)(2), and,
irrespective of the size of the employing office, 1981a(b)(3)(D) of title 42.
(2) Age discrimination
The remedy for a violation of subsection (a)(2) shall be—
(A) such remedy as would be appropriate if awarded under section 15(c) of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c)); and
(B) such liquidated damages as would be appropriate if awarded under section 7(b) of such
Act (29 U.S.C. 626(b)).
In addition, the waiver provisions of section 7(f) of such Act (29 U.S.C. 626(f)) shall apply to
covered employees.
(3) Disabilities discrimination
The remedy for a violation of subsection (a)(3) shall be—
(A) such remedy as would be appropriate if awarded under section 505(a)(1) of the
Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)) or section 107(a) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12117(a)); and
(B) such compensatory damages as would be appropriate if awarded under sections
1981a(a)(2), 1981a(a)(3), 1981a(b)(2), and, irrespective of the size of the employing office,
1981a(b)(3)(D) of title 42.
(c) Omitted
(d) Application to unpaid staff
(1) In general
Subsections (a) and (b) shall apply with respect to—
(A) any staff member of an employing office who carries out official duties of the employing
office but who is not paid by the employing office for carrying out such duties (referred to in
this subsection as an "unpaid staff member"), including an intern, an individual detailed to an
employing office, and an individual participating in a fellowship program, in the same manner
and to the same extent as such subsections apply with respect to a covered employee; and
(B) a former unpaid staff member, if the act that may be a violation of subsection (a)
occurred during the service of the former unpaid staffer for the employing office.
(2) Rule of construction
Nothing in paragraph (1) may be construed to extend liability for a violation of subsection (a) to
an employing office on the basis of an action taken by any person who is not under the supervision
or control of the employing office.
(3) Intern defined
For purposes of this subsection, the term "intern" means an individual who performs service for
an employing office which is uncompensated by the United States to earn credit awarded by an
educational institution or to learn a trade or occupation, and includes any individual participating
in a page program operated by any House of Congress.
(e) Effective date
This section shall take effect 1 year after January 23, 1995.
(Pub. L. 104–1, title II, §201, Jan. 23, 1995, 109 Stat. 7; Pub. L. 115–397, title III, §302(a), Dec. 21,
2018, 132 Stat. 5321.)
[Release Point 118-70]
EDITORIAL NOTES
CODIFICATION
Section is comprised of section 201 of Pub. L. 104–1. Subsec. (c) of section 201 of Pub. L. 104–1 amended
section 633a of Title 29, Labor, and sections 2000e–16 and 12209 of Title 42, The Public Health and Welfare.
AMENDMENTS
2018—Subsecs. (d), (e). Pub. L. 115–397 added subsec. (d) and redesignated former subsec. (d) as (e).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21,
2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note
under section 1301 of this title.
COVERAGE OF HOUSE OF REPRESENTATIVES AND THE AGENCIES OF THE LEGISLATIVE
BRANCH
Pub. L. 102–166, title I, §117, Nov. 21, 1991, 105 Stat. 1080, as amended by Pub. L. 108–271, §8(b), July
7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537, provided that:
"(a)
.—
COVERAGE OF THE HOUSE OF REPRESENTATIVES
"(1)
.—Notwithstanding any provision of title VII of the Civil Rights Act of 1964 (42
IN GENERAL
U.S.C. 2000e et seq.) or of other law, the purposes of such title shall, subject to paragraph (2), apply in their
entirety to the House of Representatives.
"(2)
.—
EMPLOYMENT IN THE HOUSE
"(A)
.—The rights and protections under title VII of the Civil Rights Act of 1964
APPLICATION
(42 U.S.C. 2000e et seq.) shall, subject to subparagraph (B), apply with respect to any employee in an
employment position in the House of Representatives and any employing authority of the House of
Representatives.
"(B)
.—
ADMINISTRATION
"(i)
.—In the administration of this paragraph, the remedies and procedures
IN GENERAL
made applicable pursuant to the resolution described in clause (ii) shall apply exclusively.
"(ii)
.—The resolution referred to in clause (i) is the Fair Employment
RESOLUTION
Practices Resolution (House Resolution 558 of the One Hundredth Congress, as agreed to October 4,
1988), as incorporated into the Rules of the House of Representatives of the One Hundred Second
Congress as Rule LI, or any other provision that continues in effect the provisions of such resolution.
"(C)
.—The provisions of subparagraph (B) are enacted
EXERCISE OF RULEMAKING POWER
by the House of Representatives as an exercise of the rulemaking power of the House of Representatives,
with full recognition of the right of the House to change its rules, in the same manner, and to the same
extent as in the case of any other rule of the House.
"(b)
.—
INSTRUMENTALITIES OF CONGRESS
"(1)
.—The rights and protections under this title [see Tables for classification] and title
IN GENERAL
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) shall, subject to paragraph (2), apply with
respect to the conduct of each instrumentality of the Congress.
"(2)
.—The
ESTABLISHMENT OF REMEDIES AND PROCEDURES BY INSTRUMENTALITIES
chief official of each instrumentality of the Congress shall establish remedies and procedures to be utilized
with respect to the rights and protections provided pursuant to paragraph (1). Such remedies and procedures
shall apply exclusively, except for the employees who are defined as Senate employees, in [former] section
301(c)(1) [former 42 U.S.C. 2000e–16a(c)(1)].
"(3)
.—The chief official of each instrumentality of the Congress shall,
REPORT TO CONGRESS
after establishing remedies and procedures for purposes of paragraph (2), submit to the Congress a report
describing the remedies and procedures.
"(4)
.—For purposes of this section, instrumentalities of
DEFINITION OF INSTRUMENTALITIES
the Congress include the following: the Architect of the Capitol, the Congressional Budget Office, the
Government Accountability Office, the Government Publishing Office, the Office of Technology
Assessment, and the United States Botanic Garden.
"(5)
.—Nothing in this section shall alter the enforcement procedures for
CONSTRUCTION
individuals protected under section 717 of title VII for [of] the Civil Rights Act of 1964 (42 U.S.C.
[Release Point 118-70]
2000e–16)."
[Section effective Nov. 21, 1991, except as otherwise provided, see section 402(a) of Pub. L. 102–166, set
out as an Effective Date of 1991 Amendment note under section 1981 of Title 42, The Public Health and
Welfare.] | §1311. Rights and protections under title VII of Civil Rights Act of 1964, Age | 1995-01-23T00:00:00 | 1df11258132afd93d02078d1e6cd23fb0c71575974ea9e3fce9fafa83d9248b8 |
US House of Representatives | 2, 24, §1312 | (a) Family and medical leave rights and protections provided
(1) In general
The rights and protections established by sections 101 through 105 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611 through 2615) shall apply to covered employees. In applying
section 102 of such Act [29 U.S.C. 2612] with respect to leave for an event described in
subsection (a)(1)(A) or (B) of such section to covered employees, subsection (d) of this section
shall apply. Paragraphs (1) and (4) of section 102(a) of such Act [29 U.S.C. 2612(a)(1), (4)] shall
be subject to subsection (d) of this section.
(2) Definitions
For purposes of the application described in paragraph (1)—
(A) the term "employer" as used in the Family and Medical Leave Act of 1993 means any
employing office, and
(B) the term "eligible employee" as used in the Family and Medical Leave Act of 1993 means
a covered employee who has been employed in any employing office for 12 months and for at
least 1,250 hours of employment during the previous 12 months.
The requirements of subparagraph (B) shall not apply with respect to leave under subparagraph
(A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1)).
(b) Remedy
The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages,
as would be appropriate if awarded under paragraph (1) of section 107(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2617(a)(1)).
(c) Omitted
(d) Special rule for paid parental leave
(1) Substitution of paid leave
A covered employee may elect to substitute for any leave without pay under subparagraph (A)
or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))
any paid leave which is available to such employee for that purpose.
(2) Amount of paid leave
The paid leave that is available to a covered employee for purposes of paragraph (1) is—
(A) the number of weeks of paid parental leave in connection with the birth or placement
involved that corresponds to the number of administrative workweeks of paid parental leave
available to employees under section 6382(d)(2)(B)(i) of title 5; and
(B) during the 12-month period referred to in section 102(a)(1) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)(1)) and in addition to the administrative workweeks
described in subparagraph (A), any additional paid vacation, personal, family, medical, or
accrued sick leave provided by the employing office to such employee.
(3) Limitation
Nothing in this section or section 102(d)(2)(A) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612(d)(2)(A)) shall be considered to require or permit an employing office to require
[Release Point 118-70]
that an employee first use all or any portion of the leave described in paragraph (2)(B) before
being allowed to use the paid parental leave described in paragraph (2)(A).
(4) Additional rules
Paid parental leave under paragraph (2)(A)—
(A) shall be payable from any appropriation or fund available for salaries or expenses for
positions within the employing office;
(B) if not used by the covered employee before the end of the 12-month period (as referred to
in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to
which it relates, shall not accumulate for any subsequent use; and
(C) shall apply without regard to the limitations in subparagraph (E), (F), or (G) of section
6382(d)(2) of title 5 or section 104(c)(2) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2614(c)(2)).
(e) Regulations
(1) In general
The Board shall, pursuant to section 1384 of this title, issue regulations to implement the rights
and protections under this section.
(2) Agency regulations
The regulations issued under paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the statutory provisions referred to in
subsection (a) except insofar as the Board may determine, for good cause shown and stated
together with the regulation, that a modification of such regulations would be more effective for
the implementation of the rights and protections under this section.
(f) Effective date
(1) In general
Subsections (a) and (b) shall be effective 1 year after January 23, 1995.
(2) Government Accountability Office and Library of Congress
Subsection (c) shall be effective 1 year after transmission to the Congress of the study under
section 1371 of this title.
(Pub. L. 104–1, title II, §202, Jan. 23, 1995, 109 Stat. 9; Pub. L. 108–271, §8(b), July 7, 2004, 118
Stat. 814; Pub. L. 116–92, div. F, title LXXVI, §7603(a), (b), Dec. 20, 2019, 133 Stat. 2306, 2307;
Pub. L. 116–283, div. A, title XI, §1103(g)(1), Jan. 1, 2021, 134 Stat. 3889.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Family and Medical Leave Act of 1993, referred to in subsec. (a)(2), is Pub. L. 103–3, Feb. 5, 1993,
107 Stat. 6, which enacted sections 60m and 60n of this title, sections 6381 to 6387 of Title 5, Government
Organization and Employees, and chapter 28 (§2601 et seq.) of Title 29, Labor, amended section 2105 of Title
5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this
Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables.
Subsection (c) of this section, referred to in subsec. (f)(2), amended section 6381 of Title 5, Government
Organization and Employees, and sections 2611 and 2617 of Title 29, Labor.
CODIFICATION
Section is comprised of section 202 of Pub. L. 104–1. Subsec. (c) of section 202 of Pub. L. 104–1 amended
section 6381 of Title 5, Government Organization and Employees, and sections 2611 and 2617 of Title 29,
Labor.
AMENDMENTS
2021—Subsec. (d)(2)(B). Pub. L. 116–283 inserted "accrued" before "sick leave".
2019—Subsec. (a)(1). Pub. L. 116–92, §7603(a)(1), inserted at end "In applying section 102 of such Act
[Release Point 118-70]
with respect to leave for an event described in subsection (a)(1)(A) or (B) of such section to covered
employees, subsection (d) of this section shall apply. Paragraphs (1) and (4) of section 102(a) of such Act
shall be subject to subsection (d) of this section."
Subsec. (a)(2). Pub. L. 116–92, §7603(b), which directed insertion of "The requirements of subparagraph
(B) shall not apply with respect to leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))." at end of par. (2), was executed by inserting sentence as
concluding provisions of par. (2) to reflect the probable intent of Congress.
Subsecs. (d) to (f). Pub. L. 116–92, §7603(a)(2), (3), added subsec. (d) and redesignated former subsecs. (d)
and (e) as (e) and (f), respectively.
2004—Subsec. (e)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General
Accounting Office" in heading.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2021 AMENDMENT
Pub. L. 116–283, div. A, title XI, §1103(g)(2), Jan. 1, 2021, 134 Stat. 3889, provided that: "The amendment
made by this subsection [amending this section] shall apply with respect to any event for which leave may be
taken under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1995
[probably means Family and Medical Leave Act of 1993] (29 U.S.C. 2612(a)(1)) and occurring on or after
October 1, 2020."
EFFECTIVE DATE OF 2019 AMENDMENT
Pub. L. 116–92, div. F, title LXXVI, §7603(c), Dec. 20, 2019, 133 Stat. 2307, provided that: "The
amendments made by this section [amending this section] shall not be effective with respect to any birth or
placement occurring before October 1, 2020."
CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND RESERVES:
CONGRESSIONAL EMPLOYEES
Pub. L. 116–92, div. F, title LXXVI, §7605(b), Dec. 20, 2019, 133 Stat. 2308, provided that: "For purposes
of determining the eligibility of a covered employee (as such term is defined in section 101[(a)](3) of the
Congressional Accountability Act [2 U.S.C. 1301(a)(3)]) who is a member of the National Guard or Reserves
to take leave under section 102(a) of the Family and Medical Leave Act of 1993 [29 U.S.C. 2612(a)]
(pursuant to section 202(a)(1) of the Congressional Accountability Act [2 U.S.C. 1312(a)(1)]), any service by
such employee on active duty (as defined in section 101[(a)](14) of the Family and Medical Leave Act of
1993 [2 U.S.C. 1301(a)(14)]) shall be counted as time during which such employee has been employed in an
employing office for purposes of section 202(a)(2)(B) of the Congressional Accountability Act [2 U.S.C.
1312(a)(2)(B)]." | §1312. Rights and protections under Family and Medical Leave Act of 1993 | 2020-10-01T00:00:00 | 73401d77782b35f8b4b06dac5fa873a8204c71602d9adc4b0342ce12c6a9faaa |
US House of Representatives | 2, 24, §1313 | (a) Fair labor standards
(1) In general
The rights and protections established by subsections (a)(1) and (d) of section 6, section 7, and
section 12(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 207, 212(c))
shall apply to covered employees.
(2) Interns
For the purposes of this section, the term "covered employee" does not include an intern as
defined in regulations under subsection (c).
(3) Compensatory time
Except as provided in regulations under subsection (c)(3) and in subsection (c)(4), covered
employees may not receive compensatory time in lieu of overtime compensation.
(b) Remedy
The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages,
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as would be appropriate if awarded under section 16(b) of the Fair Labor Standards Act of 1938 (29
U.S.C. 216(b)).
(c) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this
section.
(2) Agency regulations
Except as provided in paragraph (3), the regulations issued under paragraph (1) shall be the
same as substantive regulations promulgated by the Secretary of Labor to implement the statutory
provisions referred to in subsection (a) except insofar as the Board may determine, for good cause
shown and stated together with the regulation, that a modification of such regulations would be
more effective for the implementation of the rights and protections under this section.
(3) Irregular work schedules
The Board shall issue regulations for covered employees whose work schedules directly depend
on the schedule of the House of Representatives or the Senate that shall be comparable to the
provisions in the Fair Labor Standards Act of 1938 [29 U.S.C. 201 et seq.] that apply to employees
who have irregular work schedules.
(4) Law enforcement
Law enforcement personnel of the Capitol Police who are subject to the exemption under
section 7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)) may elect to receive
compensatory time off in lieu of overtime compensation for hours worked in excess of the
maximum for their work period.
(d) Omitted
(e) Effective date
Subsections (a) and (b) shall be effective 1 year after January 23, 1995.
(Pub. L. 104–1, title II, §203, Jan. 23, 1995, 109 Stat. 10; Pub. L. 104–197, title III, §312, Sept. 16,
1996, 110 Stat. 2415.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Fair Labor Standards Act of 1938, referred to in subsec. (c)(3), is act June 25, 1938, ch. 676, 52 Stat.
1060, which is classified generally to chapter 8 (§201 et seq.) of Title 29, Labor. For complete classification of
this Act to the Code, see section 201 of Title 29 and Tables.
CODIFICATION
Section is comprised of section 203 of Pub. L. 104–1. Subsec. (d) of section 203 of Pub. L. 104–1 amended
section 203 of Title 29, Labor.
AMENDMENTS
1996—Subsec. (a)(3). Pub. L. 104–197, §312(a), inserted "and in subsection (c)(4) of this section" after
"subsection (c)(3) of this section".
Subsec. (c)(4). Pub. L. 104–197, §312(b), added par. (4).
STATUTORY NOTES AND RELATED SUBSIDIARIES
APPLICATION OF RIGHTS AND PROTECTIONS OF FAIR LABOR STANDARDS ACT OF 1938
TO CONGRESSIONAL AND ARCHITECT OF THE CAPITOL EMPLOYEES
Pub. L. 101–157, §8, Nov. 17, 1989, 103 Stat. 944, provided that:
"(a) HOUSE EMPLOYEES.—
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"(1)
.—Not later than 180 days after the date the minimum wage rate prescribed by
IN GENERAL
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is increased pursuant to the
amendment made by section 2, the rights and protections under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.) shall apply with respect to any employee in an employment position in the House of
Representatives and to any employing authority of the House of Representatives.
"(2)
.—In the administration of this subsection, the remedies and procedures
ADMINISTRATION
under the Fair Employment Practices Resolution shall be applied. As used in this paragraph, the term "Fair
Employment Practices Resolution" means House Resolution 558, One Hundredth Congress, agreed to
October 4, 1988, as continued in effect by House Resolution 15, One Hundred First Congress, agreed to
January 3, 1989.
"(b)
.—Not later than 180 days after the date the
ARCHITECT OF THE CAPITOL EMPLOYEES
minimum wage rate prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) is increased pursuant to the amendment made by section 2, the rights and protections under the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall apply with respect to individuals employed under
the Office of the Architect of the Capitol." | §1313. Rights and protections under Fair Labor Standards Act of 1938 | 1989-01-03T00:00:00 | 462b7627c98fdb6ff02a91da64f3cfbaa898372e19edf84f995f97e931843220 |
US House of Representatives | 2, 24, §1314 | (a) Polygraph practices prohibited
(1) In general
No employing office, irrespective of whether a covered employee works in that employing
office, may require a covered employee to take a lie detector test where such a test would be
prohibited if required by an employer under paragraph (1), (2), or (3) of section 3 of the Employee
Polygraph Protection Act of 1988 (29 U.S.C. 2002(1), (2), or (3)). In addition, the waiver
provisions of section 6(d) of such Act (29 U.S.C. 2005(d)) shall apply to covered employees.
(2) Definitions
For purposes of this section, the term "covered employee" shall include employees of the
Government Accountability Office and the term "employing office" shall include the Government
Accountability Office.
(3) Capitol Police
Nothing in this section shall preclude the Capitol Police from using lie detector tests in
accordance with regulations under subsection (c).
(b) Remedy
The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if
awarded under section 6(c)(1) of the Employee Polygraph Protection Act of 1988 (29 U.S.C.
2005(c)(1)).
(c) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this
section.
(2) Agency regulations
The regulations issued under paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the statutory provisions referred to in
subsections (a) and (b) except insofar as the Board may determine, for good cause shown and
stated together with the regulation, that a modification of such regulations would be more effective
for the implementation of the rights and protections under this section.
(d) Effective date
(1) In general
Except as provided in paragraph (2), subsections (a) and (b) shall be effective 1 year after
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January 23, 1995.
(2) Government Accountability Office and Library of Congress
This section shall be effective with respect to the Government Accountability Office and the
Library of Congress 1 year after transmission to the Congress of the study under section 1371 of
this title.
(Pub. L. 104–1, title II, §204, Jan. 23, 1995, 109 Stat. 10; Pub. L. 108–271, §8(b), July 7, 2004, 118
Stat. 814; Pub. L. 115–141, div. I, title I, §153(a)(2)(A), Mar. 23, 2018, 132 Stat. 785.)
EDITORIAL NOTES
AMENDMENTS
2018—Subsec. (a)(2). Pub. L. 115–141 struck out "and the Library of Congress" after "the Government
Accountability Office" in two places.
2004—Subsec. (a)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General
Accounting Office" in two places.
Subsec. (d)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting
Office" in heading and text. | §1314. Rights and protections under Employee Polygraph Protection Act of 1988 | 2004-07-07T00:00:00 | 3af86e4b7a023e9132d055d84c9fa08627b4d8916ba86ff83e0a17f4b4733810 |
US House of Representatives | 2, 24, §1315 | Notification Act
(a) Worker adjustment and retraining notification rights
(1) In general
No employing office shall be closed or a mass layoff ordered within the meaning of section 3 of
the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) until the end of a 60-day
period after the employing office serves written notice of such prospective closing or layoff to
representatives of covered employees or, if there are no representatives, to covered employees.
(2) Definitions
For purposes of this section, the term "covered employee" shall include employees of the
Government Accountability Office and the term "employing office" shall include the Government
Accountability Office.
(b) Remedy
The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if
awarded under paragraphs (1), (2), and (4) of section 5(a) of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2104(a)(1), (2), and (4)).
(c) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this
section.
(2) Agency regulations
The regulations issued under paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the statutory provisions referred to in
subsection (a) except insofar as the Board may determine, for good cause shown and stated
together with the regulation, that a modification of such regulations would be more effective for
the implementation of the rights and protections under this section.
(d) Effective date
(1) In general
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Except as provided in paragraph (2), subsections (a) and (b) shall be effective 1 year after
January 23, 1995.
(2) Government Accountability Office and Library of Congress
This section shall be effective with respect to the Government Accountability Office and the
Library of Congress 1 year after transmission to the Congress of the study under section 1371 of
this title.
(Pub. L. 104–1, title II, §205, Jan. 23, 1995, 109 Stat. 11; Pub. L. 108–271, §8(b), July 7, 2004, 118
Stat. 814; Pub. L. 115–141, div. I, title I, §153(a)(2)(B), Mar. 23, 2018, 132 Stat. 785.)
EDITORIAL NOTES
AMENDMENTS
2018—Subsec. (a)(2). Pub. L. 115–141 struck out "and the Library of Congress" after "the Government
Accountability Office" in two places.
2004—Subsec. (a)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General
Accounting Office" in two places.
Subsec. (d)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting
Office" in heading and text. | §1315. Rights and protections under Worker Adjustment and Retraining | 2004-07-07T00:00:00 | f7662c378f75455661a83bfd2742a344c56c95a8f9fc2a6332e28390c1d33669 |
US House of Representatives | 2, 24, §1316 | reemployment
(a) Employment and reemployment rights of members of uniformed services
(1) In general
It shall be unlawful for an employing office to—
(A) discriminate, within the meaning of subsections (a) and (b) of section 4311 of title 38,
against an eligible employee;
(B) deny to an eligible employee reemployment rights within the meaning of sections 4312
and 4313 of title 38; or
(C) deny to an eligible employee benefits within the meaning of sections 4316, 4317, and
4318 of title 38.
(2) Definitions
For purposes of this section—
(A) the term "eligible employee" means a covered employee performing service in the
uniformed services, within the meaning of section 4303(13) of title 38, whose service has not
been terminated upon occurrence of any of the events enumerated in section 4304 of title 38,
(B) the term "covered employee" includes employees of the Government Accountability
Office, and
(C) the term "employing office" includes the Government Accountability Office.
(b) Remedy
The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if
awarded under section 4323(d) of title 38.
(c) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this
section.
(2) Agency regulations
The regulations issued under paragraph (1) shall be the same as substantive regulations
[Release Point 118-70]
promulgated by the Secretary of Labor to implement the statutory provisions referred to in
subsection (a) except to the extent that the Board may determine, for good cause shown and stated
together with the regulation, that a modification of such regulations would be more effective for
the implementation of the rights and protections under this section.
(d) Effective date
(1) In general
Except as provided in paragraph (2), subsections (a) and (b) shall be effective 1 year after
January 23, 1995.
(2) Government Accountability Office and Library of Congress
This section shall be effective with respect to the Government Accountability Office and the
Library of Congress 1 year after transmission to the Congress of the study under section 1371 of
this title.
(Pub. L. 104–1, title II, §206, Jan. 23, 1995, 109 Stat. 12; Pub. L. 108–271, §8(b), July 7, 2004, 118
Stat. 814; Pub. L. 111–275, title VII, §703(b), Oct. 13, 2010, 124 Stat. 2888; Pub. L. 115–141, div. I,
title I, §153(a)(2)(C), Mar. 23, 2018, 132 Stat. 785.)
EDITORIAL NOTES
AMENDMENTS
2018—Subsec. (a)(2)(B), (C). Pub. L. 115–141 struck out "and the Library of Congress" after "the
Government Accountability Office".
2010—Subsec. (b). Pub. L. 111–275 substituted "under section 4323(d) of title 38" for "under paragraphs
(1), (2)(A), and (3) of section 4323(c) of title 38".
2004—Subsec. (a)(2)(B), (C). Pub. L. 108–271 substituted "Government Accountability Office" for
"General Accounting Office".
Subsec. (d)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting
Office" in heading and text. | §1316. Rights and protections relating to veterans' employment and | 2004-07-07T00:00:00 | 44274834f5388cc7b80ddc9ba73d2c3c2f0557957f09eeb9db7c8f23af791c34 |
US House of Representatives | 2, 24, §1317 | (a) In general
It shall be unlawful for an employing office to intimidate, take reprisal against, or otherwise
discriminate against, any covered employee because the covered employee has opposed any practice
made unlawful by this chapter, or because the covered employee has initiated proceedings, made a
charge, or testified, assisted, or participated in any manner in a hearing or other proceeding under
this chapter.
(b) Remedy
The remedy available for a violation of subsection (a) shall be such legal or equitable remedy as
may be appropriate to redress a violation of subsection (a).
(Pub. L. 104–1, title II, §208, formerly §207, Jan. 23, 1995, 109 Stat. 13; renumbered §208, Pub. L.
116–92, div. A, title XI, §1122(d)(1)(B), Dec. 20, 2019, 133 Stat. 1608.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995,
109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 1301 of this title and Tables.
PART B—PUBLIC SERVICES AND ACCOMMODATIONS UNDER
AMERICANS WITH DISABILITIES ACT OF 1990 | §1317. Prohibition of intimidation or reprisal | 2024-07-12T00:00:00 | 8d0a8bbafe7ac9cb2119195d50e0c329173f15203e5333f488bbaf31e8bd7e55 |
US House of Representatives | 2, 24, §1331 | relating to public services and accommodations; procedures for remedy of
violations
(a) Entities subject to this section
The requirements of this section shall apply to—
(1) each office of the Senate, including each office of a Senator and each committee;
(2) each office of the House of Representatives, including each office of a Member of the House
of Representatives and each committee;
(3) each joint committee of the Congress;
(4) the Office of Congressional Accessibility Services;
(5) the Capitol Police;
(6) the Congressional Budget Office;
(7) the Office of the Architect of the Capitol (including the Botanic Garden);
(8) the Office of the Attending Physician;
(9) the Office of Congressional Workplace Rights;
(10) the Office of Technology Assessment; and
(11) the Library of Congress.
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(b) Discrimination in public services and accommodations
(1) Rights and protections
The rights and protections against discrimination in the provision of public services and
accommodations established by sections 201 through 230, 302, 303, and 309 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12131–12150, 12182, 12183, and 12189) shall apply to
the entities listed in subsection (a).
(2) Definitions
For purposes of the application of title II of the Americans with Disabilities Act of 1990 (42
U.S.C. 12131 et seq.) under this section, the term "public entity" means any entity listed in
subsection (a) that provides public services, programs, or activities.
(c) Remedy
The remedy for a violation of subsection (b) shall be such remedy as would be appropriate if
awarded under section 203 or 308(a) of the Americans with Disabilities Act of 1990 (42 U.S.C.
12133, 12188(a)), except that, with respect to any claim of employment discrimination asserted by
any covered employee, the exclusive remedy shall be under section 1311 of this title.
(d) Available procedures
(1) Charge filed with General Counsel
A qualified individual with a disability, as defined in section 201(2) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131(2)), who alleges a violation of subsection (b) by an
entity listed in subsection (a), may file a charge against any entity responsible for correcting the
violation with the General Counsel within 180 days of the occurrence of the alleged violation. The
General Counsel shall investigate the charge.
(2) Mediation
If, upon investigation under paragraph (1), the General Counsel believes that a violation of
subsection (b) may have occurred and that mediation may be helpful in resolving the dispute, the
General Counsel may request, but not participate in, mediation under subsections (b) through (d)
of section 1403 of this title between the charging individual and any entity responsible for
correcting the alleged violation.
(3) Complaint, hearing, Board review
If mediation under paragraph (2) has not succeeded in resolving the dispute, and if the General
Counsel believes that a violation of subsection (b) may have occurred, the General Counsel may
file with the Office a complaint against any entity responsible for correcting the violation. The
complaint shall be submitted to a hearing officer for decision pursuant to subsections (b) through
(h) of section 1405 of this title and any person who has filed a charge under paragraph (1) may
intervene as of right, with the full rights of a party. The decision of the hearing officer shall be
subject to review by the Board pursuant to section 1406 of this title.
(4) Judicial review
A charging individual who has intervened under paragraph (3) or any respondent to the
complaint, if aggrieved by a final decision of the Board under paragraph (3), may file a petition for
review in the United States Court of Appeals for the Federal Circuit, pursuant to section 1407 of
this title.
(5) Compliance date
If new appropriated funds are necessary to comply with an order requiring correction of a
violation of subsection (b), compliance shall take place as soon as possible, but no later than the
fiscal year following the end of the fiscal year in which the order requiring correction becomes
final and not subject to further review.
(e) Regulations to implement section
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(1) In general
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this
section.
(2) Agency regulations
The regulations issued under paragraph (1) shall be the same as substantive regulations
promulgated by the Attorney General and the Secretary of Transportation to implement the
statutory provisions referred to in subsection (b) except to the extent that the Board may
determine, for good cause shown and stated together with the regulation, that a modification of
such regulations would be more effective for the implementation of the rights and protections
under this section.
(3) Entity responsible for correction
The regulations issued under paragraph (1) shall include a method of identifying, for purposes
of this section and for categories of violations of subsection (b), the entity responsible for
correction of a particular violation.
(f) Periodic inspections; report to Congress; initial study
(1) Periodic inspections
On a regular basis, and at least once each Congress, the General Counsel shall inspect the
facilities of the entities listed in subsection (a) to ensure compliance with subsection (b).
(2) Report
On the basis of each periodic inspection, the General Counsel shall, at least once every
Congress, prepare and submit a report—
(A) to the Speaker of the House of Representatives, the President pro tempore of the Senate,
and the Office of the Architect of the Capitol, or other entity responsible, for correcting the
1
violation of this section uncovered by such inspection, and
(B) containing the results of the periodic inspection, describing any steps necessary to correct
any violation of this section, assessing any limitations in accessibility to and usability by
individuals with disabilities associated with each violation, and the estimated cost and time
needed for abatement.
(3) Initial period for study and corrective action
The period from January 23, 1995, until December 31, 1996, shall be available to the Office of
the Architect of the Capitol and other entities subject to this section to identify any violations of
subsection (b), to determine the costs of compliance, and to take any necessary corrective action to
abate any violations. The Office shall assist the Office of the Architect of the Capitol and other
entities listed in subsection (a) by arranging for inspections and other technical assistance at their
request. Prior to July 1, 1996, the General Counsel shall conduct a thorough inspection under
paragraph (1) and shall submit the report under paragraph (2) for the One Hundred Fourth
Congress.
(4) Detailed personnel
The Attorney General, the Secretary of Transportation, and the Architectural and Transportation
Barriers Compliance Board may, on request of the Executive Director, detail to the Office such
personnel as may be necessary to advise and assist the Office in carrying out its duties under this
section.
(g) Omitted
(h) Election of remedies relating to rights to public services and accommodations for Library
visitors
(1) Definition of Library visitor
In this subsection, the term "Library visitor" means an individual who is eligible to bring a
[Release Point 118-70]
claim for a violation under title II or III of the Americans with Disabilities Act of 1990 [42 U.S.C.
12131 et seq., 12181 et seq.] (other than a violation for which the exclusive remedy is under
section 1311 of this title) against the Library of Congress.
(2) Election of remedies
(A) In general
A Library visitor who alleges a violation of subsection (b) by the Library of Congress may,
subject to subparagraph (B)—
(i) file a charge against the Library of Congress under subsection (d); or
(ii) use the remedies and procedures set forth in section 2000e–16 of title 42, as provided
under section 510 (other than paragraph (5)) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12209).
(B) Timing
A Library visitor that has initiated proceedings under clause (i) or (ii) of subparagraph (A)
may elect to change and initiate a proceeding under the other clause—
(i) in the case of a Library visitor who first filed a charge pursuant to subparagraph (A)(i),
before the General Counsel files a complaint under subsection (d)(3); or
(ii) in the case of a Library visitor who first initiated a proceeding under subparagraph
(A)(ii), before the Library visitor requests a hearing under the procedures of the Library of
Congress described in such subparagraph.
(i) Effective date
(1) In general
Subsections (b), (c), and (d) shall be effective on January 1, 1997.
(2) Government Accountability Office, Government Publishing Office, and Library of
Congress
Subsection (g) shall be effective 1 year after transmission to the Congress of the study under
section 1371 of this title.
(Pub. L. 104–1, title II, §210, Jan. 23, 1995, 109 Stat. 13; Pub. L. 108–271, §8(b), July 7, 2004, 118
Stat. 814; Pub. L. 110–279, §1(g)(2), July 17, 2008, 122 Stat. 2609; Pub. L. 110–437, title IV, | §1331. Rights and protections under Americans with Disabilities Act of 1990 | 2008-07-17T00:00:00 | f42eb257011e4a462212ccf242c8d5a418c1bdce7f7926ff8da6a71e8c2f291d |
US House of Representatives | 2, 24, §1341 | 1970; procedures for remedy of violations
(a) Occupational safety and health protections
(1) In general
Each employing office and each covered employee shall comply with the provisions of section
5 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 654).
(2) Definitions
For purposes of the application under this section of the Occupational Safety and Health Act of
1970 [29 U.S.C. 651 et seq.]—
(A) the term "employer" as used in such Act means an employing office;
(B) the term "employee" as used in such Act means a covered employee;
[Release Point 118-70]
(C) the term "employing office" includes the Government Accountability Office and any
entity listed in subsection (a) of section 1331 of this title that is responsible for correcting a
violation of this section, irrespective of whether the entity has an employment relationship with
any covered employee in any employing office in which such a violation occurs; and
(D) the term "employee" includes employees of the Government Accountability Office.
(b) Remedy
The remedy for a violation of subsection (a) shall be an order to correct the violation, including
such order as would be appropriate if issued under section 13(a) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 662(a)).
(c) Procedures
(1) Requests for inspections
Upon written request of any employing office or covered employee, the General Counsel shall
exercise the authorities granted to the Secretary of Labor by subsections (a), (d), (e), and (f) of
section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657(a), (d), (e), and (f)) to
inspect and investigate places of employment under the jurisdiction of employing offices.
(2) Citations, notices, and notifications
For purposes of this section, the General Counsel shall exercise the authorities granted to the
Secretary of Labor in sections 9 and 10 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 658 and 659), to issue—
(A) a citation or notice to any employing office responsible for correcting a violation of
subsection (a); or
(B) a notification to any employing office that the General Counsel believes has failed to
correct a violation for which a citation has been issued within the period permitted for its
correction.
(3) Hearings and review
If after issuing a citation or notification, the General Counsel determines that a violation has not
been corrected, the General Counsel may file a complaint with the Office against the employing
office named in the citation or notification. The complaint shall be submitted to a hearing officer
for decision pursuant to subsections (b) through (h) of section 1405 of this title, subject to review
by the Board pursuant to section 1406 of this title.
(4) Variance procedures
An employing office may request from the Board an order granting a variance from a standard
made applicable by this section. For the purposes of this section, the Board shall exercise the
authorities granted to the Secretary of Labor in sections 6(b)(6) and 6(d) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655(b)(6) and 655(d)) to act on any employing office's
request for a variance. The Board shall refer the matter to a hearing officer pursuant to subsections
(b) through (h) of section 1405 of this title, subject to review by the Board pursuant to section
1406 of this title.
(5) Judicial review
The General Counsel or employing office aggrieved by a final decision of the Board under
paragraph (3) or (4), may file a petition for review with the United States Court of Appeals for the
Federal Circuit pursuant to section 1407 of this title.
(6) Compliance date
If new appropriated funds are necessary to correct a violation of subsection (a) for which a
citation is issued, or to comply with an order requiring correction of such a violation, correction or
compliance shall take place as soon as possible, but not later than the end of the fiscal year
following the fiscal year in which the citation is issued or the order requiring correction becomes
final and not subject to further review.
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(d) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this
section.
(2) Agency regulations
The regulations issued under paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the statutory provisions referred to in
subsection (a) except to the extent that the Board may determine, for good cause shown and stated
together with the regulation, that a modification of such regulations would be more effective for
the implementation of the rights and protections under this section.
(3) Employing office responsible for correction
The regulations issued under paragraph (1) shall include a method of identifying, for purposes
of this section and for different categories of violations of subsection (a), the employing office
responsible for correction of a particular violation.
(e) Periodic inspections; report to Congress
(1) Periodic inspections
On a regular basis, and at least once each Congress, the General Counsel, exercising the same
authorities of the Secretary of Labor as under subsection (c)(1), shall conduct periodic inspections
of all facilities of the House of Representatives, the Senate, the Office of Congressional
Accessibility Services, the Capitol Police, the Congressional Budget Office, the Office of the
Architect of the Capitol, the Office of the Attending Physician, the Office of Congressional
Workplace Rights, the Office of Technology Assessment, the Library of Congress, and the
Government Accountability Office to report on compliance with subsection (a).
(2) Report
On the basis of each periodic inspection, the General Counsel shall prepare and submit a
report—
(A) to the Speaker of the House of Representatives, the President pro tempore of the Senate,
and the Office of the Architect of the Capitol or other employing office responsible for
correcting the violation of this section uncovered by such inspection, and
(B) containing the results of the periodic inspection, identifying the employing office
responsible for correcting the violation of this section uncovered by such inspection, describing
any steps necessary to correct any violation of this section, and assessing any risks to employee
health and safety associated with any violation.
(3) Action after report
If a report identifies any violation of this section, the General Counsel shall issue a citation or
notice in accordance with subsection (c)(2)(A).
(4) Detailed personnel
The Secretary of Labor may, on request of the Executive Director, detail to the Office such
personnel as may be necessary to advise and assist the Office in carrying out its duties under this
section.
(f) Initial period for study and corrective action
The period from January 23, 1995, until December 31, 1996, shall be available to the Office of the
Architect of the Capitol and other employing offices to identify any violations of subsection (a), to
determine the costs of compliance, and to take any necessary corrective action to abate any
violations. The Office shall assist the Office of the Architect of the Capitol and other employing
offices by arranging for inspections and other technical assistance at their request. Prior to July 1,
1996, the General Counsel shall conduct a thorough inspection under subsection (e)(1) and shall
submit the report under subsection (e)(2) for the One Hundred Fourth Congress.
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(g) Effective date
(1) In general
Except as provided in paragraph (2), subsections (a), (b), (c), and (e)(3) shall be effective on
January 1, 1997.
(2) Government Accountability Office and Library of Congress
This section shall be effective with respect to the Government Accountability Office and the
Library of Congress 1 year after transmission to the Congress of the study under section 1371 of
this title.
(Pub. L. 104–1, title II, §215, Jan. 23, 1995, 109 Stat. 16; Pub. L. 108–271, §8(b), July 7, 2004, 118
Stat. 814; Pub. L. 110–437, title IV, §422(b)(4), Oct. 20, 2008, 122 Stat. 4996; Pub. L. 115–141, div.
I, title I, §153(a)(2)(D), Mar. 23, 2018, 132 Stat. 785; Pub. L. 115–397, title III, §308(b)(9), Dec. 21,
2018, 132 Stat. 5326.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Occupational Safety and Health Act of 1970, referred to in subsec. (a)(2), is Pub. L. 91–596, Dec. 29,
1970, 84 Stat. 1590, which is classified principally to chapter 15 (§651 et seq.) of Title 29, Labor. For
complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and
Tables.
AMENDMENTS
2018—Subsec. (a)(2)(C). Pub. L. 115–141, §153(a)(2)(D)(i), struck out ", the Library of Congress," after
"the Government Accountability Office".
Subsec. (a)(2)(D). Pub. L. 115–141, §153(a)(2)(D)(ii), struck out "and the Library of Congress" after "the
Government Accountability Office".
Subsec. (e)(1). Pub. L. 115–397 substituted "Office of Congressional Workplace Rights" for "Office of
Compliance".
2008—Subsec. (e)(1). Pub. L. 110–437 substituted "the Office of Congressional Accessibility Services," for
"the Capitol Guide Service,".
2004—Subsecs. (a)(2)(C), (D), (e)(1) . Pub. L. 108–271 substituted "Government Accountability Office"
for "General Accounting Office".
Subsec. (g)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting
Office" in heading and text.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in
any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to
the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under
section 1381 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–437 effective first day of first pay period (applicable to employees transferred
under section 2241 of this title) on or after 30 days after Oct. 20, 2008, see section 422(d) of Pub. L. 110–437,
set out as a note under section 1301 of this title.
PART D—LABOR-MANAGEMENT RELATIONS | §1341. Rights and protections under Occupational Safety and Health Act of | 2004-07-07T00:00:00 | a62f2b2ba659771580e2aa6a45344e3034ae71ae28f3b42d9adfbd78f7ff4366 |
US House of Representatives | 2, 24, §1351 | [Release Point 118-70]
labor-management relations; procedures for remedy of violations
(a) Labor-management rights
(1) In general
The rights, protections, and responsibilities established under sections 7102, 7106, 7111 through
7117, 7119 through 7122, and 7131 of title 5 shall apply to employing offices and to covered
employees and representatives of those employees.
(2) Application
For purposes of the application under this section of the sections referred to in paragraph (1),
the term "agency" shall be deemed to include an employing office.
(3) Definitions
For purposes of this section, the term "covered employee" does not include an employee of the
Library of Congress, and the term "employing office" does not include the Library of Congress.
(b) Remedy
The remedy for a violation of subsection (a) shall be such remedy, including a remedy under
section 7118(a)(7) of title 5, as would be appropriate if awarded by the Federal Labor Relations
Authority to remedy a violation of any provision made applicable by subsection (a).
(c) Authorities and procedures for implementation and enforcement
(1) General authorities of Board; petitions
For purposes of this section and except as otherwise provided in this section, the Board shall
exercise the authorities of the Federal Labor Relations Authority under sections 7105, 7111, 7112,
7113, 7115, 7117, 7118, and 7122 of title 5 and of the President under section 7103(b) of title 5.
For purposes of this section, any petition or other submission that, under chapter 71 of title 5,
would be submitted to the Federal Labor Relations Authority shall, if brought under this section,
be submitted to the Board. The Board shall refer any matter under this paragraph to a hearing
officer for decision pursuant to subsections (b) through (h) of section 1405 of this title, subject to
review by the Board pursuant to section 1406 of this title. The Board may direct that the General
Counsel carry out the Board's investigative authorities under this paragraph.
(2) General authorities of the General Counsel; charges of unfair labor practice
For purposes of this section and except as otherwise provided in this section, the General
Counsel shall exercise the authorities of the General Counsel of the Federal Labor Relations
Authority under sections 7104 and 7118 of title 5. For purposes of this section, any charge or other
submission that, under chapter 71 of title 5, would be submitted to the General Counsel of the
Federal Labor Relations Authority shall, if brought under this section, be submitted to the General
Counsel. If any person charges an employing office or a labor organization with having engaged
in or engaging in an unfair labor practice and makes such charge within 180 days of the
occurrence of the alleged unfair labor practice, the General Counsel shall investigate the charge
and may file a complaint with the Office. The complaint shall be submitted to a hearing officer for
decision pursuant to subsections (b) through (h) of section 1405 of this title, subject to review by
the Board pursuant to section 1406 of this title.
(3) Judicial review
Except for matters referred to in paragraphs (1) and (2) of section 7123(a) of title 5, the General
Counsel or the respondent to the complaint, if aggrieved by a final decision of the Board under
paragraph (1) or (2) of this subsection, may file a petition for judicial review in the United States
Court of Appeals for the Federal Circuit pursuant to section 1407 of this title.
(4) Exercise of impasses panel authority; requests
For purposes of this section and except as otherwise provided in this section, the Board shall
exercise the authorities of the Federal Service Impasses Panel under section 7119 of title 5. For
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purposes of this section, any request that, under chapter 71 of title 5, would be presented to the
Federal Service Impasses Panel shall, if made under this section, be presented to the Board. At the
request of the Board, the Executive Director shall appoint a mediator or mediators to perform the
functions of the Federal Service Impasses Panel under section 7119 of title 5.
(d) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this
section.
(2) Agency regulations
Except as provided in subsection (e), the regulations issued under paragraph (1) shall be the
same as substantive regulations promulgated by the Federal Labor Relations Authority to
implement the statutory provisions referred to in subsection (a) except—
(A) to the extent that the Board may determine, for good cause shown and stated together
with the regulation, that a modification of such regulations would be more effective for the
implementation of the rights and protections under this section; or
(B) as the Board deems necessary to avoid a conflict of interest or appearance of a conflict of
interest.
(e) Specific regulations regarding application to certain offices of Congress
(1) Regulations required
The Board shall issue regulations pursuant to section 1384 of this title on the manner and extent
to which the requirements and exemptions of chapter 71 of title 5 should apply to covered
employees who are employed in the offices listed in paragraph (2). The regulations shall, to the
greatest extent practicable, be consistent with the provisions and purposes of chapter 71 of title 5
and of this chapter, and shall be the same as substantive regulations issued by the Federal Labor
Relations Authority under chapter 71 of title 5, except—
(A) to the extent that the Board may determine, for good cause shown and stated together
with the regulation, that a modification of such regulations would be more effective for the
implementation of the rights and protections under this section; and
(B) that the Board shall exclude from coverage under this section any covered employees
who are employed in offices listed in paragraph (2) if the Board determines that such exclusion
is required because of—
(i) a conflict of interest or appearance of a conflict of interest; or
(ii) Congress' constitutional responsibilities.
(2) Offices referred to
The offices referred to in paragraph (1) include—
(A) the personal office of any Member of the House of Representatives or of any Senator;
(B) a standing, select, special, permanent, temporary, or other committee of the Senate or
House of Representatives, or a joint committee of Congress;
(C) the Office of the Vice President (as President of the Senate), the Office of the President
pro tempore of the Senate, the Office of the Majority Leader of the Senate, the Office of the
Minority Leader of the Senate, the Office of the Majority Whip of the Senate, the Office of the
Minority Whip of the Senate, the Conference of the Majority of the Senate, the Conference of
the Minority of the Senate, the Office of the Secretary of the Conference of the Majority of the
Senate, the Office of the Secretary of the Conference of the Minority of the Senate, the Office
of the Secretary for the Majority of the Senate, the Office of the Secretary for the Minority of
the Senate, the Majority Policy Committee of the Senate, the Minority Policy Committee of the
Senate, and the following offices within the Office of the Secretary of the Senate: Offices of the
Parliamentarian, Bill Clerk, Legislative Clerk, Journal Clerk, Executive Clerk, Enrolling Clerk,
Official Reporters of Debate, Daily Digest, Printing Services, Captioning Services, and Senate
Chief Counsel for Employment;
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(D) the Office of the Speaker of the House of Representatives, the Office of the Majority
Leader of the House of Representatives, the Office of the Minority Leader of the House of
Representatives, the Offices of the Chief Deputy Majority Whips, the Offices of the Chief
Deputy Minority Whips and the following offices within the Office of the Clerk of the House of
Representatives: Offices of Legislative Operations, Official Reporters of Debate, Official
Reporters to Committees, Printing Services, and Legislative Information;
(E) the Office of the Legislative Counsel of the Senate, the Office of the Senate Legal
Counsel, the Office of the Legislative Counsel of the House of Representatives, the Office of
the General Counsel of the House of Representatives, the Office of the Parliamentarian of the
House of Representatives, and the Office of the Law Revision Counsel;
(F) the offices of any caucus or party organization;
(G) the Congressional Budget Office, the Office of Technology Assessment, and the Office
of Congressional Workplace Rights; and
(H) such other offices that perform comparable functions which are identified under
regulations of the Board.
(f) Effective date
(1) In general
Except as provided in paragraph (2), subsections (a) and (b) shall be effective on October 1,
1996.
(2) Certain offices
With respect to the offices listed in subsection (e)(2), to the covered employees of such offices,
and to representatives of such employees, subsections (a) and (b) shall be effective on the effective
date of regulations under subsection (e).
(Pub. L. 104–1, title II, §220, Jan. 23, 1995, 109 Stat. 19; Pub. L. 115–141, div. I, title I, | §1351. Application of chapter 71 of title 5 relating to Federal service | 2024-07-12T00:00:00 | 4ed5e06f74c211d6af7b81dd39c2178bdc89709e84bb1312da65aa2cbba1eb20 |
US House of Representatives | 2, 24, §1361 | (a) Attorney's fees
If a covered employee, with respect to any claim under this chapter, or a qualified person with a
disability, with respect to any claim under section 1331 of this title, is a prevailing party in any
proceeding under section 1405, 1406, 1407, or 1408 of this title, the hearing officer, Board, or court,
as the case may be, may award attorney's fees, expert fees, and any other costs as would be
appropriate if awarded under section 2000e–5(k) of title 42.
(b) Interest
In any proceeding under section 1405, 1406, 1407, or 1408 of this title, the same interest to
compensate for delay in payment shall be made available as would be appropriate if awarded under
section 2000e–16(d) of title 42.
(c) Civil penalties and punitive damages
No civil penalty or punitive damages may be awarded with respect to any claim under this chapter.
(d) Exclusive procedure
(1) In general
Except as provided in paragraph (2), no person may commence an administrative or judicial
proceeding to seek a remedy for the rights and protections afforded by this chapter except as
provided in this chapter.
(2) Veterans
A covered employee under section 1316 of this title may also utilize any provisions of chapter
43 of title 38 that are applicable to that employee.
(e) Construction
(1) Definitions and exemptions
Except where inconsistent with definitions and exemptions provided in this chapter, the
definitions and exemptions in the laws made applicable by this chapter shall apply under this
chapter.
(2) Size limitations
Notwithstanding paragraph (1), provisions in the laws made applicable under this chapter (other
than the Worker Adjustment and Retraining Notification Act [29 U.S.C. 2101 et seq.])
determining coverage based on size, whether expressed in terms of numbers of employees, amount
of business transacted, or other measure, shall not apply in determining coverage under this
chapter.
(3) Executive branch enforcement
This chapter shall not be construed to authorize enforcement by the executive branch of this
chapter.
(Pub. L. 104–1, title II, §225, Jan. 23, 1995, 109 Stat. 22; Pub. L. 115–397, title I, §101(d), Dec. 21,
2018, 132 Stat. 5301.)
EDITORIAL NOTES
[Release Point 118-70]
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (c), (d)(1), and (e), was in the original "this Act", meaning Pub. L.
104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
The Worker Adjustment and Retraining Notification Act, referred to in subsec. (e)(2), is Pub. L. 100–379,
Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§2101 et seq.) of Title 29, Labor. For
complete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and
Tables.
AMENDMENTS
2018—Subsecs. (e), (f). Pub. L. 115–397 redesignated subsec. (f) as (e) and struck out former subsec. (e).
Prior to amendment, text of subsec. (e) read as follows: "Only a covered employee who has undertaken and
completed the procedures described in sections 1402 and 1403 of this title may be granted a remedy under part
A of this subchapter."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21,
2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note
under section 1301 of this title. | §1361. Generally applicable remedies and limitations | 2024-07-12T00:00:00 | 6085772f4bf457c9b96c3b2429c1e2254e4aa9b9cdd603103797b3b485b3e4bb |
US House of Representatives | 2, 24, §1362 | (a) In general
Every employing office shall post and keep posted (in conspicuous places upon its premises where
notices to covered employees are customarily posted) a notice provided by the Office that—
(1) describes the rights, protections, and procedures applicable to covered employees of the
employing office under this chapter, concerning violations described in subsection (b); and
(2) includes contact information for the Office.
(b) Violations
A violation described in this subsection is—
(1) discrimination prohibited by section 1311(a) of this title (including, in accordance with
section 1302(c) of this title, discrimination prohibited by title II of the Genetic Information
Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.)) or 1316(a) of this title; and
(2) a violation of section 1317 of this title that is related to discrimination described in
paragraph (1).
(Pub. L. 104–1, title II, §226, as added Pub. L. 115–397, title III, §304(a), Dec. 21, 2018, 132 Stat.
5322.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(1), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23,
1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1301 of this title and Tables.
The Genetic Information Nondiscrimination Act of 2008, referred to in subsec. (b)(1), is Pub. L. 110–233,
May 21, 2008, 122 Stat. 881. Title II of the Act is classified generally to chapter 21F (§2000ff et seq.) of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set
out under section 2000ff of Title 42 and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
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EFFECTIVE DATE
Section effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for
effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an Effective Date of 2018
Amendment note under section 1301 of this title.
PART F—STUDY | §1362. Notices | 2008-05-21T00:00:00 | a904b7e2f3af0438d2e71045bedb5c5165638f172da04f93d1e4c0ca91581d1a |
US House of Representatives | 2, 24, §1371 | Government Printing Office, and Library of Congress
(a) In general
The Board shall undertake a study of—
(1) the application of the laws listed in subsection (b) to—
(A) the General Accounting Office;
(B) the Government Printing Office; and
(C) the Library of Congress; and
(2) the regulations and procedures used by the entities referred to in paragraph (1) to apply and
enforce such laws to themselves and their employees.
(b) Applicable statutes
The study under this section shall consider the application of the following laws:
(1) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), and related provisions of
section 2302 of title 5.
(2) The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), and related
provisions of section 2302 of title 5.
(3) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and related
provisions of section 2302 of title 5.
(4) The Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.), and related provisions
of sections 6381 through 6387 of title 5.
(5) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), and related provisions of
sections 5541 through 5550a of title 5.
(6) The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), and related
provisions of section 7902 of title 5.
(7) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(8) Chapter 71 (relating to Federal service labor-management relations) of title 5.
(9) The General Accounting Office Personnel Act of 1980 (31 U.S.C. 731 et seq.).
(10) The Employee Polygraph Protection Act of 1988 (29 U.S.C. 2001 et seq.).
(11) The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.).
(12) Chapter 43 (relating to veterans' employment and reemployment) of title 38.
(c) Contents of study and recommendations
The study under this section shall evaluate whether the rights, protections, and procedures,
including administrative and judicial relief, applicable to the entities listed in paragraph (1) of
subsection (a) and their employees are comprehensive and effective and shall include
recommendations for any improvements in regulations or legislation, including proposed regulatory
or legislative language.
(d) Deadline and delivery of study
Not later than December 31, 1996—
(1) the Board shall prepare and complete the study and recommendations required under this
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section; and
(2) the Board shall transmit such study and recommendations (with the Board's comments) to
the head of each entity considered in the study, and to the Congress by delivery to the Speaker of
the House of Representatives and President pro tempore of the Senate for referral to the
appropriate committees of the House of Representatives and of the Senate.
(Pub. L. 104–1, title II, §230, Jan. 23, 1995, 109 Stat. 23; Pub. L. 104–53, title III, §309(a), (b), Nov.
19, 1995, 109 Stat. 538.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Civil Rights Act of 1964, referred to in subsec. (b)(1), is Pub. L. 88–352, July 2, 1964, 78 Stat. 252.
Title VII of the Act is classified generally to subchapter VI (§2000e et seq.) of chapter 21 of Title 42, The
Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out
under section 2000a of Title 42 and Tables.
The Age Discrimination in Employment Act of 1967, referred to in subsec. (b)(2), is Pub. L. 90–202, Dec.
15, 1967, 81 Stat. 602, which is classified generally to chapter 14 (§621 et seq.) of Title 29, Labor. For
complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 29 and
Tables.
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(3), is Pub. L. 101–336, July 26,
1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under
section 12101 of Title 42 and Tables.
The Family and Medical Leave Act of 1993, referred to in subsec. (b)(4), is Pub. L. 103–3, Feb. 5, 1993,
107 Stat. 6, which enacted sections 60m and 60n of this title, sections 6381 to 6387 of Title 5, Government
Organization and Employees, and chapter 28 (§2601 et seq.) of Title 29, Labor, amended section 2105 of Title
5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this
Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables.
The Fair Labor Standards Act of 1938, referred to in subsec. (b)(5), is act June 25, 1938, ch. 676, 52 Stat.
1060, which is classified generally to chapter 8 (§201 et seq.) of Title 29. For complete classification of this
Act to the Code, see section 201 of Title 29 and Tables.
The Occupational Safety and Health Act of 1970, referred to in subsec. (b)(6), is Pub. L. 91–596, Dec. 29,
1970, 84 Stat. 1590, which is classified principally to chapter 15 (§651 et seq.) of Title 29. For complete
classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.
The Rehabilitation Act of 1973, referred to in subsec. (b)(7), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat.
355, which is classified generally to chapter 16 (§701 et seq.) of Title 29. For complete classification of this
Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.
The General Accounting Office Personnel Act of 1980, referred to in subsec. (b)(9), is Pub. L. 96–191, Feb.
15, 1980, 94 Stat. 27, which was classified principally to section 52–1 et seq. of former Title 31, Money and
Finance, and which was substantially repealed by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, and
reenacted by the first section thereof principally in subchapters III (§731 et seq.) and IV (§751 et seq.) of
chapter 7 of Title 31, Money and Finance.
The Employee Polygraph Protection Act of 1988, referred to in subsec. (b)(10), is Pub. L. 100–347, June
27, 1988, 102 Stat. 646, which is classified generally to chapter 22 (§2001 et seq.) of Title 29, Labor. For
complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 29 and
Tables.
The Worker Adjustment and Retraining Notification Act, referred to in subsec. (b)(11), is Pub. L. 100–379,
Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§2101 et seq.) of Title 29. For
complete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and
Tables.
AMENDMENTS
1995—Subsec. (a). Pub. L. 104–53, §309(a), substituted "Board" for "Administrative Conference of the
United States" in introductory provisions.
Subsec. (d)(1). Pub. L. 104–53, §309(b), substituted "Board" for "Administrative Conference of the United
States" and struck out "and shall submit the study and recommendations to the Board" before semicolon.
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STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L.
108–271, set out as a note under section 702 of Title 31, Money and Finance.
Government Printing Office redesignated Government Publishing Office. See section 1301(b) of Pub. L.
113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
EFFECTIVE DATE OF 1995 AMENDMENT
Pub. L. 104–53, title III, §309(c), Nov. 19, 1995, 109 Stat. 538, provided that: "The amendments made by
this section [amending this section] shall take effect only if the Administrative Conference of the United
States ceases to exist prior to the completion and submission of the study to the Board as required by section
230 of the Congressional Accountability Act of 1995 (2 U.S.C. 1371). [See provision of title IV of Pub. L.
104–52, set out as a note preceding section 591 of Title 5, Government Organization and Employees.]"
SUBCHAPTER III—OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
EDITORIAL NOTES
CODIFICATION
Pub. L. 115–397, title III, §308(b)(11), Dec. 21, 2018, 132 Stat. 5326, substituted "OFFICE OF
CONGRESSIONAL WORKPLACE RIGHTS" for "OFFICE OF COMPLIANCE" in subchapter heading. | §1371. Study and recommendations regarding General Accounting Office, | 1938-06-25T00:00:00 | b4fa34a9848f2d9fabe10f3c92e326e66ab0ad568b92eb941157a9e929903651 |
US House of Representatives | 2, 24, §1381 | (a) Establishment
There is established, as an independent office within the legislative branch of the Federal
Government, the Office of Congressional Workplace Rights.
(b) Board of Directors
The Office shall have a Board of Directors. The Board shall consist of 5 individuals appointed
jointly by the Speaker of the House of Representatives, the Majority Leader of the Senate, and the
Minority Leaders of the House of Representatives and the Senate, who are authorized to take such
steps as they consider appropriate to ensure the timely appointment of the members of the Board
consistent with the requirements of this section. Appointments of the first 5 members of the Board
shall be completed not later than 90 days after January 23, 1995.
(c) Chair
The Chair shall be appointed from members of the Board jointly by the Speaker of the House of
Representatives, the Majority Leader of the Senate, and the Minority Leaders of the House of
Representatives and the Senate.
(d) Board of Directors qualifications
(1) Specific qualifications
Selection and appointment of members of the Board shall be without regard to political
affiliation and solely on the basis of fitness to perform the duties of the Office. Members of the
Board shall have training or experience in the application of the rights, protections, and remedies
under one or more of the laws made applicable under section 1302 of this title.
(2) Disqualifications for appointments
(A) Lobbying
No individual who engages in, or is otherwise employed in, lobbying of the Congress and
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who is required under the Federal Regulation of Lobbying Act to register with the Clerk of the
1
House of Representatives or the Secretary of the Senate shall be eligible for appointment to, or
service on, the Board.
(B) Incompatible office
No member of the Board appointed under subsection (b) may hold or may have held the
position of Member of the House of Representatives or Senator, may hold the position of officer
or employee of the House of Representatives, Senate, or instrumentality or other entity of the
legislative branch (other than the Office), or may have held such a position (other than the
position of an officer or employee of the General Accounting Office Personnel Appeals Board,2
an officer or employee of the Office of Fair Employment Practices of the House of
Representatives, or officer or employee of the Office of Senate Fair Employment Practices)
within 4 years of the date of appointment.
(3) Vacancies
A vacancy on the Board shall be filled in the manner in which the original appointment was
made.
(e) Term of office
(1) In general
Except as provided in paragraph (2), membership on the Board shall be for 5 years. A member
of the Board may be reappointed, but no individual may serve as a member for more than 2 terms.
(2) First appointments
Of the members first appointed to the Board—
(A) 1 shall have a term of office of 3 years,
(B) 2 shall have a term of office of 4 years, and
(C) 2 shall have a term of office of 5 years, 1 of whom shall be the Chair,
as designated at the time of appointment by the persons specified in subsection (b).
(3) Permitting service until appointment of successor
A member of the Board may serve after the expiration of that member's term until a successor
has taken office.
(f) Removal
(1) Authority
Any member of the Board may be removed from office by a majority decision of the appointing
authorities described in subsection (b), but only for—
(A) disability that substantially prevents the member from carrying out the duties of the
member,
(B) incompetence,
(C) neglect of duty,
(D) malfeasance, including a felony or conduct involving moral turpitude, or
(E) holding an office or employment or engaging in an activity that disqualifies the individual
from service as a member of the Board under subsection (d)(2).
(2) Statement of reasons for removal
In removing a member of the Board, the Speaker of the House of Representatives and the
President pro tempore of the Senate shall state in writing to the member of the Board being
removed the specific reasons for the removal.
(g) Compensation
(1) Per diem
(A) Rate of compensation for each day
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Each member of the Board shall be compensated, for each day (including travel time) during
which such member is engaged in the performance of the duties of the Board, at a rate equal to
the daily equivalent of the lesser of—
(i) the highest annual rate of compensation of any officer of the Senate; or
(ii) the highest annual rate of compensation of any officer of the House of Representatives.
(B) Authority to prorate
The rate of pay of a member may be prorated based on the portion of the day during which
the member is engaged in the performance of Board duties.
(2) Travel expenses
Each member of the Board shall receive travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title
5, for each day the member is engaged in the performance of duties away from the home or
regular place of business of the member.
(h) Duties
The Office shall—
(1) carry out a program of education for Members of Congress and other employing authorities
of the legislative branch of the Federal Government respecting the laws made applicable to them
and a program to inform individuals of their rights under laws applicable to the legislative branch
of the Federal Government;
(2) in carrying out the program under paragraph (1), distribute the telephone number and
address of the Office, procedures for action under subchapter IV, and any other information
appropriate for distribution, distribute such information to employing offices in a manner suitable
for posting, provide such information to new employees of employing offices, distribute such
information to covered employees by the end of each fiscal year, and conduct seminars and other
activities designed to educate employing offices and covered employees; and
(3) compile and publish statistics on the use of the Office by covered employees, including the
number and type of contacts made with the Office, on the reason for such contacts, on the number
of covered employees who initiated proceedings with the Office under this chapter and the result
of such proceedings, and on the number of covered employees who filed a claim, the basis for the
claim, and the action taken on the claim.
(i) Congressional oversight
The Board and the Office shall be subject to oversight (except with respect to the disposition of
individual cases) by the Committee on Rules and Administration and the Committee on
Governmental Affairs of the Senate and the Committee on House Oversight of the House of
2
2
Representatives.
(j) Opening of Office
The Office shall be open for business, including receipt of requests for counseling under section
1402 of this title, not later than 1 year after January 23, 1995.
(k) Financial disclosure reports
Members of the Board and officers and employees of the Office shall file the financial disclosure
reports required under subchapter I of chapter 131 of title 5 with the Clerk of the House of
Representatives.
(l) Annual reports on awards and settlements
(1) In general
Subject to the rules issued by the applicable committee pursuant to paragraph (2):
(A) Requirement
The Office shall prepare and submit to Congress, and publish on the public website of the
Office, an annual report regarding payments from the account described in section 1415(a) of
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this title that were the result of claims alleging a violation of part A of subchapter II (referred to
in this subsection as "covered payments").
(B) Reporting
The reporting required under this paragraph shall—
(i) for a covered payment, or the reimbursable portion of a covered payment, described in
paragraph (2), conform to the requirements of the rules issued by the applicable committee
under such paragraph; and
(ii) for a covered payment, or the portion of a covered payment, not described in paragraph
(2)—
(I) include the amount of the covered payment or portion of the covered payment and
information on the employing office involved; and
(II) identify each provision of part A of subchapter II that was the subject of a claim
resulting in the covered payment or portion of the covered payment.
(C) Reporting periods and dates
The reporting required under this paragraph—
(i) for 2019, shall be submitted by the 60th day after the date on which the committees
described in paragraph (2) issue the rules described in paragraph (2) and shall reflect covered
payments made in calendar year 2019; and
(ii) for 2020 and each subsequent calendar year, shall be submitted by January 31 of that
year and shall reflect covered payments made in the previous calendar year.
(2) Rules regarding reporting of covered payments for employing offices of the House and
employing offices of the Senate
(A) In general
Not later than 180 days after December 21, 2018, the Committee on House Administration of
the House of Representatives and the Committee on Rules and Administration of the Senate
shall each issue rules establishing the content, format, and other requirements for the reporting
required under paragraph (1)(B)(i) with respect to—
(i) any covered payment made for claims involving an employing office described in any
of subparagraphs (A) through (C) of section 1301(a)(9) of this title of the House of
Representatives or of the Senate, respectively; and
(ii) the reimbursable portion of any such covered payment for which there is a finding
requiring reimbursement under section 1415(d)(1)(B) of this title from a Member of the
House of Representatives (including a Delegate or Resident Commissioner to the Congress)
or a Senator, respectively.
(B) Applicability
The rules issued under subparagraph (A)—
(i) by the Committee on House Administration of the House of Representatives shall apply
to covered payments made for claims involving employing offices described in subparagraph
(A)(i) of the House; and
(ii) by the Committee on Rules and Administration of the Senate shall apply to covered
payments made for claims involving employing offices described in subparagraph (A)(i) of
the Senate.
(3) Protection of identity of individuals receiving awards and settlements
In preparing, submitting, and publishing the reports required under paragraph (1), the Office
shall ensure that the identity or position of any claimant is not disclosed.
(4) Authority to protect the identity of a claimant
(A) In general
In carrying out paragraph (3), the Executive Director, in consultation with the Board, may
make an appropriate redaction to the data included in the report described in paragraph (1) if the
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Executive Director, in consultation with the Board, determines that including the data
considered for redaction may lead to the identity or position of a claimant unintentionally being
disclosed. The report shall note each redaction and include a statement that the redaction was
made solely for the purpose of avoiding such an unintentional disclosure of the identity or
position of a claimant.
(B) Recordkeeping
The Executive Director shall retain a copy of the report described in paragraph (1), without
redactions.
(5) Definition
In this subsection, the term "claimant" means an individual who received an award or
settlement, or who made an allegation of a violation against an employing office, under part A of
subchapter II.
(m) Record retention
The Office shall establish and maintain a program for the permanent retention of its records,
including the records of preliminary reviews, mediations, hearings, and other proceedings conducted
under subchapter IV.
(Pub. L. 104–1, title III, §301, Jan. 23, 1995, 109 Stat. 24; Pub. L. 108–349, §1(a), Oct. 21, 2004,
118 Stat. 1389; Pub. L. 110–161, div. H, title I, §1101(a), Dec. 26, 2007, 121 Stat. 2237; Pub. L.
110–164, §1, Dec. 26, 2007, 121 Stat. 2459; Pub. L. 113–235, div. H, title I, §1001, Dec. 16, 2014,
128 Stat. 2530; Pub. L. 115–19, §1(c), (d), Apr. 3, 2017, 131 Stat. 85; Pub. L. 115–397, title II,
§§201(a)(1), 203, title III, §308(a), Dec. 21, 2018, 132 Stat. 5315, 5318, 5325; Pub. L. 117–286, | §1381. Establishment of Office of Congressional Workplace Rights | 2018-12-21T00:00:00 | 56d29515bbd759c679c0a97ddf40c786665edae7965a4bdd88911f0367f34736 |
US House of Representatives | 2, 24, §1382 | (a) Executive Director
(1) Appointment and removal
(A) In general
The Chair, subject to the approval of the Board, shall appoint and may remove an Executive
Director. Selection and appointment of the Executive Director shall be without regard to
political affiliation and solely on the basis of fitness to perform the duties of the Office. The
first Executive Director shall be appointed no later than 90 days after the initial appointment of
the Board of Directors.
(B) Qualifications
The Executive Director shall be an individual with training or expertise in the application of
laws referred to in section 1302(a) of this title.
(C) Disqualifications
The disqualifications in section 1381(d)(2) of this title shall apply to the appointment of the
Executive Director.
(2) Compensation
(A) Authority to fix compensation
The Chair may fix the compensation of the Executive Director.
(B) Limitation
The rate of pay for the Executive Director may not exceed the maximum rate of pay in effect
under section 4575(f) of this title.
(3) Term
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The term of office of the Executive Director shall be not more than 2 terms of 5 years, except
that the first Executive Director shall have a single term of 7 years.
(4) Duties
The Executive Director shall serve as the chief operating officer of the Office. Except as
otherwise specified in this chapter, the Executive Director shall carry out all of the responsibilities
of the Office under this chapter.
(b) Deputy Executive Directors
(1) In general
The Chair, subject to the approval of the Board, shall appoint and may remove a Deputy
Executive Director for the Senate and a Deputy Executive Director for the House of
Representatives. Selection and appointment of a Deputy Executive Director shall be without
regard to political affiliation and solely on the basis of fitness to perform the duties of the office.
The disqualifications in section 1381(d)(2) of this title shall apply to the appointment of a Deputy
Executive Director.
(2) Term
The term of office of a Deputy Executive Director shall be not more than 2 terms of 5 years,
except that the first Deputy Executive Directors shall have a single term of 6 years.
(3) Compensation
(A) Authority to fix compensation
The Chair may fix the compensation of the Deputy Executive Directors.
(B) Limitation
The rate of pay for a Deputy Executive Director may not exceed 96 percent of the lesser of—
(i) the highest annual rate of compensation of any officer of the Senate; or
(ii) the highest annual rate of compensation of any officer of the House of Representatives.
(4) Duties
The Deputy Executive Director for the Senate shall recommend to the Board regulations under
section 1384(a)(2)(B)(i) of this title, maintain the regulations and all records pertaining to the
regulations, and shall assume such other responsibilities as may be delegated by the Executive
Director. The Deputy Executive Director for the House of Representatives shall recommend to the
Board the regulations under section 1384(a)(2)(B)(ii) of this title, maintain the regulations and all
records pertaining to the regulations, and shall assume such other responsibilities as may be
delegated by the Executive Director.
(c) General Counsel
(1) In general
The Chair, subject to the approval of the Board, shall appoint a General Counsel. Selection and
appointment of the General Counsel shall be without regard to political affiliation and solely on
the basis of fitness to perform the duties of the Office. The disqualifications in section 1381(d)(2)
of this title shall apply to the appointment of a General Counsel.
(2) Compensation
(A) Authority to fix compensation
The Chair may fix the compensation of the General Counsel.
(B) Limitation
The rate of pay for the General Counsel may not exceed the lesser of—
(i) the highest annual rate of compensation of any officer of the Senate; or
(ii) the highest annual rate of compensation of any officer of the House of Representatives.
(3) Duties
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The General Counsel shall—
(A) exercise the authorities and perform the duties of the General Counsel as specified in this
chapter; and
(B) otherwise assist the Board and the Executive Director in carrying out their duties and
powers, including representing the Office in any judicial proceeding under this chapter.
(4) Attorneys in the office of the General Counsel
The General Counsel shall appoint, and fix the compensation of, and may remove, such
additional attorneys as may be necessary to enable the General Counsel to perform the General
Counsel's duties.
(5) Term
The term of office of the General Counsel shall be not more than 2 terms of 5 years.
(6) Removal
(A) Authority
The General Counsel may be removed from office by the Chair but only for—
(i) disability that substantially prevents the General Counsel from carrying out the duties of
the General Counsel,
(ii) incompetence,
(iii) neglect of duty,
(iv) malfeasance, including a felony or conduct involving moral turpitude, or
(v) holding an office or employment or engaging in an activity that disqualifies the
individual from service as the General Counsel under paragraph (1).
(B) Statement of reasons for removal
In removing the General Counsel, the Speaker of the House of Representatives and the
President pro tempore of the Senate shall state in writing to the General Counsel the specific
reasons for the removal.
(d) Confidential advisors
(1) In general
The Executive Director shall—
(A) appoint, and fix the compensation of, and may remove, 1 or more confidential advisors to
carry out the duties described in this subsection; or
(B) designate 1 or more employees of the Office to serve as a confidential advisor.
(2) Duties
(A) Voluntary services
A confidential advisor appointed or designated under paragraph (1) shall offer to provide to
covered employees described in paragraph (4) the services described in subparagraph (B),
which a covered employee may accept or decline.
(B) Services
The services referred to in subparagraph (A) are—
(i) informing, on a privileged and confidential basis, a covered employee who has been
subject to a practice that may be a violation of part A of subchapter II about the employee's
rights under this chapter;
(ii) consulting, on a privileged and confidential basis, with a covered employee who has
been subject to a practice that may be a violation of part A of subchapter II regarding—
(I) the roles, responsibilities, and authority of the Office; and
(II) the relative merits of securing private counsel, designating a non-attorney
representative, or proceeding without representation for proceedings before the Office;
(iii) advising and consulting with, on a privileged and confidential basis, a covered
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employee who has been subject to a practice that may be a violation of part A of subchapter
II regarding any claims the covered employee may have under subchapter IV, the factual
allegations that support each such claim, and the relative merits of the procedural options
available to the employee for each such claim;
(iv) assisting, on a privileged and confidential basis, a covered employee who seeks
consideration under title IV of an allegation of a violation of part A of subchapter II in
understanding the procedures, and the significance of the procedures, described in subchapter
IV, including—
(I) assisting or consulting with the covered employee regarding the drafting of a claim to
be filed under section 1402(a) of this title; and
(II) consulting with the covered employee regarding the procedural options available to
the covered employee after a claim is filed, and the relative merits of each option; and
(v) informing, on a privileged and confidential basis, a covered employee who has been
subject to a practice that may be a violation of part A of subchapter II about the option of
pursuing, in appropriate circumstances, a complaint with the Committee on Ethics of the
House of Representatives or the Select Committee on Ethics of the Senate.
(C) Continuity of service
Once a covered employee has accepted and received any services offered under this section
from a confidential advisor appointed or designated under paragraph (1), any other services
requested under this subsection by the covered employee shall be provided, to the extent
practicable, by the same confidential advisor.
(3) Qualifications
A confidential advisor appointed or designated under paragraph (1) shall be a lawyer who—
(A) is admitted to practice before, and is in good standing with, the bar of a State of the
United States, the District of Columbia, or a territory of the United States; and
(B) has experience representing clients in cases involving the workplace laws incorporated by
part A of subchapter II.
(4) Individuals covered
The services described in paragraph (2) are available to any covered employee (which, for
purposes of this subsection, shall include any staff member described in section 1311(d) of this
title and any former covered employee (including any such former staff member)), except that—
(A) a former covered employee may only request such services if the practice that may be a
violation of part A of subchapter II occurred during the employment or service of the employee;
and
(B) a covered employee described in this paragraph may only request such services before
the expiration of the 180-day period described in section 1402(d) of this title.
(5) Restrictions
A confidential advisor appointed or designated under paragraph (1)—
(A) shall not act as the designated representative for any covered employee in connection
with the covered employee's participation in any proceeding, including any proceeding under
this chapter, any judicial proceeding, or any proceeding before any committee of Congress;
(B) shall not offer or provide services described in paragraph (2)(B) to a covered employee if
the covered employee has designated an attorney representative in connection with the covered
employee's participation in any proceeding under this chapter, except that a confidential advisor
may provide general assistance and information to such attorney representative regarding this
chapter and the role of the Office as the confidential advisor determines appropriate; and
(C) shall not serve as a mediator in any mediation conducted pursuant to section 1403 of this
title.
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(e) Other staff
The Executive Director shall appoint, and fix the compensation of, and may remove, such other
additional staff, including hearing officers, but not including attorneys employed in the office of the
General Counsel, as may be necessary to enable the Office to perform its duties.
(f) Detailed personnel
The Executive Director may, with the prior consent of the department or agency of the Federal
Government concerned, use on a reimbursable or nonreimbursable basis the services of personnel of
any such department or agency, including the services of members or personnel of the Government
Accountability Office Personnel Appeals Board.
(g) Consultants
In carrying out the functions of the Office, the Executive Director may procure the temporary (not
to exceed 1 year) or intermittent services of consultants.
(Pub. L. 104–1, title III, §302, Jan. 23, 1995, 109 Stat. 26; Pub. L. 110–161, div. H, title I, §1101(b),
Dec. 26, 2007, 121 Stat. 2237; Pub. L. 110–164, §2(a), Dec. 26, 2007, 121 Stat. 2459; Pub. L.
115–397, title II, §204, Dec. 21, 2018, 132 Stat. 5318; Pub. L. 116–94, div. E, title II, §212(a)(3)(C),
Dec. 20, 2019, 133 Stat. 2775.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(4), (c)(3), and (d)(2)(B)(i), (5)(A), (B), was in the original "this
Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For
complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and
Tables.
Part A of subchapter II, referred to in subsec. (d)(2)(B), (3)(B), (4)(A), was in the original "part A of title
II", meaning part A (§§201–207) of title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified
principally to part A of subchapter II of this chapter. For complete classification of part A to the Code, see
Tables.
AMENDMENTS
2019—Subsec. (a)(2)(B). Pub. L. 116–94 substituted "the maximum rate of pay in effect under section
4575(f) of this title." for "the lesser of—
"(i) the highest annual rate of compensation of any officer of the Senate; or
"(ii) the highest annual rate of compensation of any officer of the House of Representatives."
2018—Subsecs. (d) to (g). Pub. L. 115–397 added subsec. (d) and redesignated former subsecs. (d) to (f) as
(e) to (g), respectively.
2007—Subsec. (a)(2). Pub. L. 110–161, §1101(b)(1), added par. (2) and struck out heading and text of
former par. (2). Text read as follows: "The Chair may fix the compensation of the Executive Director. The rate
of pay for the Executive Director may not exceed the annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of title 5."
Subsec. (a)(3). Pub. L. 110–164, §2(a)(1), substituted "not more than 2 terms" for "a single term" the first
time appearing.
Subsec. (b)(2). Pub. L. 110–164, §2(a)(2), substituted "not more than 2 terms" for "a single term" the first
time appearing.
Subsec. (b)(3). Pub. L. 110–161, §1101(b)(2), added par. (3) and struck out heading and text of former par.
(3). Text read as follows: "The Chair may fix the compensation of the Deputy Executive Directors. The rate of
pay for a Deputy Executive Director may not exceed 96 percent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of title 5."
Subsec. (c)(2). Pub. L. 110–161, §1101(b)(3), added par. (2) and struck out heading and text of former par.
(2). Text read as follows: "The Chair may fix the compensation of the General Counsel. The rate of pay for
the General Counsel may not exceed the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of title 5."
Subsec. (c)(5). Pub. L. 110–164, §2(a)(3), substituted "not more than 2 terms" for "a single term".
Subsec. (e). Pub. L. 110–161, §1101(b)(4), substituted "Government Accountability Office" for "General
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Accounting Office".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2019 AMENDMENT
Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period
beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec.
20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title.
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21,
2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note
under section 1301 of this title.
EFFECTIVE DATE OF 2007 AMENDMENT
Pub. L. 110–164, §2(b), Dec. 26, 2007, 121 Stat. 2459, provided that: "The amendments made by this
section [amending this section] shall apply with respect to an individual who is first appointed to the position
of Executive Director, Deputy Executive Director, or General Counsel of the Office of Compliance after the
date of the enactment of this Act [Dec. 26, 2007]."
PERMITTING CURRENT EXECUTIVE DIRECTOR, DEPUTY EXECUTIVE DIRECTORS, AND
GENERAL COUNSEL OF OFFICE OF COMPLIANCE TO SERVE ONE ADDITIONAL TERM
Pub. L. 109–38, §1, July 27, 2005, 119 Stat. 408, provided that:
"(a)
.—Notwithstanding section 302(a)(3) of the Congressional Accountability
EXECUTIVE DIRECTOR
Act of 1995 (2 U.S.C. 1382(a)(3)), the individual serving as Executive Director of the Office of Compliance
[now Office of Congressional Workplace Rights] as of the date of the enactment of this Act [July 27, 2005]
may serve one additional term.
"(b)
.—Notwithstanding section 302(b)(2) of such Act (2 U.S.C.
DEPUTY EXECUTIVE DIRECTORS
1382(b)(2)), any individual serving as a Deputy Executive Director of the Office of Compliance [now Office
of Congressional Workplace Rights] as of the date of the enactment of this Act may serve one additional term.
"(c)
.—Notwithstanding section 302(c)(5) of such Act (2 U.S.C. 1382(c)(5)), the
GENERAL COUNSEL
individual serving as General Counsel of the Office of Compliance [now Office of Congressional Workplace
Rights] as of the date of the enactment of this Act may serve one additional term." | §1382. Officers, staff, and other personnel | 2005-07-27T00:00:00 | 716ba2ca96738df5ec7c82582748c85f75446d18122c45cb8dd3015531fa67bb |
US House of Representatives | 2, 24, §1383 | (a) In general
The Executive Director shall, subject to the approval of the Board, adopt rules governing the
procedures of the Office, including the procedures of hearing officers, which shall be submitted for
publication in the Congressional Record. The rules may be amended in the same manner.
(b) Procedure
The Executive Director shall adopt rules referred to in subsection (a) in accordance with the
principles and procedures set forth in section 553 of title 5. The Executive Director shall publish a
general notice of proposed rulemaking under section 553(b) of title 5, but, instead of publication of a
general notice of proposed rulemaking in the Federal Register, the Executive Director shall transmit
such notice to the Speaker of the House of Representatives and the President pro tempore of the
Senate for publication in the Congressional Record on the first day on which both Houses are in
session following such transmittal. Before adopting rules, the Executive Director shall provide a
comment period of at least 30 days after publication of a general notice of proposed rulemaking.
Upon adopting rules, the Executive Director shall transmit notice of such action together with a copy
of such rules to the Speaker of the House of Representatives and the President pro tempore of the
Senate for publication in the Congressional Record on the first day on which both Houses are in
session following such transmittal. Rules shall be considered issued by the Executive Director as of
the date on which they are published in the Congressional Record.
[Release Point 118-70] | §1383. Procedural rules | 2024-07-12T00:00:00 | bd3bd213dc7d9b7ffd2b23ebe30d47ff0f4a74b8a63af62a12fe7f809bc14b6c |
US House of Representatives | 2, 24, §1384 | (a) Regulations
(1) In general
The procedures applicable to the regulations of the Board issued for the implementation of this
chapter, which shall include regulations the Board is required to issue under subchapter II
(including regulations on the appropriate application of exemptions under the laws made
applicable in subchapter II) are as prescribed in this section.
(2) Rulemaking procedure
Such regulations of the Board—
(A) shall be adopted, approved, and issued in accordance with subsection (b); and
(B) shall consist of 3 separate bodies of regulations, which shall apply, respectively, to—
(i) the Senate and employees of the Senate;
(ii) the House of Representatives and employees of the House of Representatives; and
(iii) all other covered employees and employing offices.
(b) Adoption by Board
The Board shall adopt the regulations referred to in subsection (a)(1) in accordance with the
principles and procedures set forth in section 553 of title 5 and as provided in the following
provisions of this subsection:
(1) Proposal
The Board shall publish a general notice of proposed rulemaking under section 553(b) of title 5,
but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the
Board shall transmit such notice to the Speaker of the House of Representatives and the President
pro tempore of the Senate for publication in the Congressional Record on the first day on which
both Houses are in session following such transmittal. Such notice shall set forth the
recommendations of the Deputy Director for the Senate in regard to regulations under subsection
(a)(2)(B)(i), the recommendations of the Deputy Director for the House of Representatives in
regard to regulations under subsection (a)(2)(B)(ii), and the recommendations of the Executive
Director for regulations under subsection (a)(2)(B)(iii).
(2) Comment
Before adopting regulations, the Board shall provide a comment period of at least 30 days after
publication of a general notice of proposed rulemaking.
(3) Adoption
After considering comments, the Board shall adopt regulations and shall transmit notice of such
action together with a copy of such regulations to the Speaker of the House of Representatives and
the President pro tempore of the Senate for publication in the Congressional Record on the first
day on which both Houses are in session following such transmittal.
(4) Recommendation as to method of approval
The Board shall include a recommendation in the general notice of proposed rulemaking and in
the regulations as to whether the regulations should be approved by resolution of the Senate, by
resolution of the House of Representatives, by concurrent resolution, or by joint resolution.
(c) Approval of regulations
(1) In general
Regulations referred to in paragraph (2)(B)(i) of subsection (a) may be approved by the Senate
by resolution or by the Congress by concurrent resolution or by joint resolution. Regulations
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referred to in paragraph (2)(B)(ii) of subsection (a) may be approved by the House of
Representatives by resolution or by the Congress by concurrent resolution or by joint resolution.
Regulations referred to in paragraph (2)(B)(iii) may be approved by Congress by concurrent
resolution or by joint resolution.
(2) Referral
Upon receipt of a notice of adoption of regulations under subsection (b)(3), the presiding
officers of the House of Representatives and the Senate shall refer such notice, together with a
copy of such regulations, to the appropriate committee or committees of the House of
Representatives and of the Senate. The purpose of the referral shall be to consider whether such
regulations should be approved, and, if so, whether such approval should be by resolution of the
House of Representatives or of the Senate, by concurrent resolution or by joint resolution.
(3) Joint referral and discharge in the Senate
The presiding officer of the Senate may refer the notice of issuance of regulations, or any
resolution of approval of regulations, to one committee or jointly to more than one committee. If a
committee of the Senate acts to report a jointly referred measure, any other committee of the
Senate must act within 30 calendar days of continuous session, or be automatically discharged.
(4) One-House resolution or concurrent resolution
In the case of a resolution of the House of Representatives or the Senate or a concurrent
resolution referred to in paragraph (1), the matter after the resolving clause shall be the following:
"The following regulations issued by the Office of Congressional Workplace Rights on
________________ are hereby approved:" (the blank space being appropriately filled in, and the
text of the regulations being set forth).
(5) Joint resolution
In the case of a joint resolution referred to in paragraph (1), the matter after the resolving clause
shall be the following: "The following regulations issued by the Office of Congressional
Workplace Rights on ________________ are hereby approved and shall have the force and effect
of law:" (the blank space being appropriately filled in, and the text of the regulations being set
forth).
(d) Issuance and effective date
(1) Publication
After approval of regulations under subsection (c), the Board shall submit the regulations to the
Speaker of the House of Representatives and the President pro tempore of the Senate for
publication in the Congressional Record on the first day on which both Houses are in session
following such transmittal.
(2) Date of issuance
The date of issuance of regulations shall be the date on which they are published in the
Congressional Record under paragraph (1).
(3) Effective date
Regulations shall become effective not less than 60 days after the regulations are issued, except
that the Board may provide for an earlier effective date for good cause found (within the meaning
of section 553(d)(3) of title 5) and published with the regulation.
(e) Amendment of regulations
Regulations may be amended in the same manner as is described in this section for the adoption,
approval, and issuance of regulations, except that the Board may, in its discretion, dispense with
publication of a general notice of proposed rulemaking of minor, technical, or urgent amendments
that satisfy the criteria for dispensing with publication of such notice pursuant to section 553(b)(B)
of title 5.
(f) Right to petition for rulemaking
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Any interested party may petition to the Board for the issuance, amendment, or repeal of a
regulation.
(g) Consultation
The Executive Director, the Deputy Directors, and the Board—
(1) shall consult, with regard to the development of regulations, with—
(A) the Chair of the Administrative Conference of the United States;
(B) the Secretary of Labor;
(C) the Federal Labor Relations Authority; and
(D) the Director of the Office of Personnel Management; and
(2) may consult with any other persons with whom consultation, in the opinion of the Board, the
Executive Director, or Deputy Directors, may be helpful.
(Pub. L. 104–1, title III, §304, Jan. 23, 1995, 109 Stat. 29; Pub. L. 115–397, title III, §308(b)(12),
(13), Dec. 21, 2018, 132 Stat. 5326.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(1) after "implementation of", was in the original "this Act", meaning
Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Subchapter II, referred to in subsec. (a)(1), was in the original "title II", meaning title II of Pub. L. 104–1,
Jan. 23, 1995, 109 Stat. 7, which is classified principally to subchapter II of this chapter. For complete
classification of title II to the Code, see Tables.
AMENDMENTS
2018—Subsec. (c)(4), (5). Pub. L. 115–397 substituted "Office of Congressional Workplace Rights" for
"Office of Compliance".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in
any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to
the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under
section 1381 of this title. | §1384. Substantive regulations | 2024-07-12T00:00:00 | 5a0e4cbe00893cd5ce583ea39eaf3cb1258b119c63d2e98cb48a789393d17d07 |
US House of Representatives | 2, 24, §1385 | (a) Authorization of appropriations
Beginning in fiscal year 1995, and for each fiscal year thereafter, there are authorized to be
appropriated for the expenses of the Office such sums as may be necessary to carry out the functions
of the Office. Until sums are first appropriated pursuant to the preceding sentence, but for a period
not exceeding 12 months following January 23, 1995—
(1) one-half of the expenses of the Office shall be paid from funds appropriated for allowances
and expenses of the House of Representatives, and
(2) one-half of the expenses of the Office shall be paid from funds appropriated for allowances
and expenses of the Senate,
upon vouchers approved by the Executive Director, except that a voucher shall not be required for
the disbursement of salaries of employees who are paid at an annual rate. The Clerk of the House of
Representatives and the Secretary of the Senate are authorized to make arrangements for the division
[Release Point 118-70]
of expenses under this subsection, including arrangements for one House of Congress to reimburse
the other House of Congress.
(b) Financial and administrative services
The Executive Director may place orders and enter into agreements for goods and services with
the head of any agency, or major organizational unit within an agency, in the legislative or executive
branch of the United States in the same manner and to the same extent as agencies are authorized
under sections 1535 and 1536 of title 31 to place orders and enter into agreements.
(c) Witness fees and allowances
Except for covered employees, witnesses before a hearing officer or the Board in any proceeding
under this chapter other than rulemaking shall be paid the same fee and mileage allowances as are
paid subpoenaed witnesses in the courts of the United States. Covered employees who are
summoned, or are assigned by their employer, to testify in their official capacity or to produce
official records in any proceeding under this chapter shall be entitled to travel expenses under
subchapter I and section 5751 of chapter 57 of title 5.
(Pub. L. 104–1, title III, §305, Jan. 23, 1995, 109 Stat. 31.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsec. (c), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995,
109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 1301 of this title and Tables. | §1385. Expenses | 1995-01-23T00:00:00 | c6fc1e3ff7c2928a501ff17bea13784f2e1b6e472dd901c75f544a2624ae3738 |
US House of Representatives | 2, 24, §1386 | The Executive Director may, within the limits of available appropriations, dispose of surplus or
obsolete personal property by interagency transfer, donation, or discarding.
(Pub. L. 104–1, title III, §306, as added Pub. L. 111–68, div. A, title I, §1101(a), Oct. 1, 2009, 123
Stat. 2031.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Pub. L. 111–68, div. A, title I, §1101(c), Oct. 1, 2009, 123 Stat. 2031, provided that: "The amendments
made by this section [enacting this section] shall apply with respect to fiscal year 2010, and each fiscal year
thereafter." | §1386. Disposition of surplus or obsolete personal property | 2024-07-12T00:00:00 | 81c9cbe7bfb1950f3fc7fdca170f05a737590df27da5731298d66872b38cecda |
US House of Representatives | 2, 24, §1387 | (a) Reports required
Not later than 60 days after the last day of each semiannual period of a fiscal year, the Executive
Director of the Office of Compliance shall submit to the Committee on House Administration of
1
the House of Representatives, the Committee on Rules and Administration of the Senate, and the
Committees on Appropriations of the House of Representatives and Senate, with respect to that
period, a detailed, itemized report of the disbursements for the operations of the Office of
Compliance.1
(b) Contents
(1) In general
The report required by subsection (a) shall include—
[Release Point 118-70]
(A) the identification of each person who receives a payment from the Office of Compliance,
except that in the case of an individual, the identification shall be provided in a manner that
1
does not identify the individual by name;
(B) the quantity and price of any item furnished to the Office of Compliance; 1
(C) a description of any service rendered to the Office of Compliance, together with a
1
statement of the time required for the service, and the name, title, and amount paid to each
person who renders the service;
(D) a statement of all amounts appropriated to, or received or expended by, the Office of
Compliance and any unexpended balances of such amounts; and
1
(E) such additional information as may be required by regulation of the Committee on House
Administration of the House of Representatives, the Committee on Rules and Administration of
the Senate, or the Committees on Appropriations of the House of Representatives or Senate.
(2) Exception for confidential information
The Executive Director of the Office of Compliance may exclude from any report required by
1
subsection (a) any information the disclosure of which would violate confidentiality policies of the
Office of Compliance.1
(c) Effective date
This section shall apply with respect to the semiannual periods of October 1 through March 31 and
April 1 through September 30 of each fiscal year, beginning with fiscal year 2014.
(Pub. L. 113–76, div. I, title I, §1102, Jan. 17, 2014, 128 Stat. 425.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Legislative Branch Appropriations Act, 2014, and also as part of the
Consolidated Appropriations Act, 2014, and not as part of the Congressional Accountability Act of 1995
which comprises this chapter.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Office of Compliance changed, as of Dec. 21, 2018, and considered to refer and apply, to the Office of
Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as an Effective Date of 2018
Amendment note under section 1381 of this title.
See Change of Name note below.
1 | §1387. Semiannual report of disbursements | 2024-07-12T00:00:00 | 11a70e4b9a724925a67a154e565ad55789bd39c322d634a518cf4f1bf87bd9da |
US House of Representatives | 2, 24, §1388 | (a) Requirement to conduct secure surveys
Not later than 1 year after December 21, 2018, and every 2 years thereafter, the Office shall
conduct a secure survey of employing offices under this chapter regarding the workplace
environment of such offices. Employee responses to the survey shall be voluntary.
(b) Special inclusion of information on sexual harassment
In each survey conducted under this section, the Office shall survey respondents on attitudes
regarding sexual harassment.
(c) Methodology
(1) In general
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The Office shall conduct each survey under this section in accordance with methodologies
established by the Office.
(2) Confidentiality
Under the methodologies established under paragraph (1), all responses to all portions of the
survey shall be anonymous and confidential, and each respondent shall be told throughout the
survey that all responses shall be anonymous and confidential.
(3) Survey form
The Office shall limit the use of any information code or information on the survey form that
makes a respondent to the survey, or the respondent's employing office, individually identifiable.
(d) Use of results of surveys
The Office shall furnish the information obtained from the surveys conducted under this section to
the Committee on House Administration of the House of Representatives and the Committees on
Homeland Security and Governmental Affairs and Rules and Administration of the Senate.
(e) Consultation with committees
The Office shall carry out this section, including establishment of methodologies and procedures
under subsection (c), in consultation with the Committee on House Administration of the House of
Representatives and the Committees on Homeland Security and Governmental Affairs and Rules and
Administration of the Senate.
(Pub. L. 104–1, title III, §307, as added Pub. L. 115–397, title II, §202(a), Dec. 21, 2018, 132 Stat.
5317.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995,
109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 1301 of this title and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for
effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an Effective Date of 2018
Amendment note under section 1301 of this title.
SUBCHAPTER IV—ADMINISTRATIVE AND JUDICIAL
DISPUTE-RESOLUTION PROCEDURES | §1388. Workplace climate surveys of employing offices | 2018-12-21T00:00:00 | d80788e271dcf47454a542e92b81bee6c3f236da411d569643327d6b35a86207 |
US House of Representatives | 2, 24, §1401 | (a) Filing and review of claims
Except as otherwise provided, the procedure for consideration of an alleged violation of part A of
subchapter II consists of—
(1) the filing of a claim by the covered employee alleging the violation, as provided in section
1402 of this title;
(2) the preliminary review of the claim, to be conducted by a hearing officer as provided in
section 1402a of this title;
(3) mediation as provided in section 1403 of this title, if requested and agreed to by the parties
[Release Point 118-70]
under that section; and
(4) a formal hearing as provided in section 1405 of this title, subject to Board review as
provided in section 1406 of this title and judicial review in the United States Court of Appeals for
the Federal Circuit as provided in section 1407 of this title.
(b) Right of employee to file civil action
(1) Civil action
Only a covered employee who has filed a claim timely as provided in section 1402 of this title
and who has not submitted a request for a hearing on the claim pursuant to section 1405(a) of this
title may, during the period described in paragraph (3), file a civil action in a District Court of the
United States with respect to the violation alleged in the claim, as provided in section 1408 of this
title.
(2) Effect of filing civil action
Notwithstanding paragraph (2), (3), or (4) of subsection (a), if the covered employee files such a
civil action—
(A) the preliminary review of the claim by the hearing officer as provided in section 1402a of
this title shall terminate upon the filing of the action by the covered employee; and
(B) the procedure for consideration of the alleged violation shall not include any further
review of the claim by the hearing officer as provided in section 1402a of this title.
(3) Period for filing civil action
The period described in this paragraph with respect to a claim is the 70-day period which begins
on the date the covered employee files the claim under section 1402 of this title.
(4) Special rule for employees who fail to state a claim for which relief may be granted
Notwithstanding paragraph (3), if a covered employee receives a written notice from the
hearing officer under section 1402a(d)(2) of this title that the employee has the right to file a civil
action with respect to the claim in accordance with section 1408 of this title, the covered employee
may file the civil action not later than 90 days after receiving such written notice.
(c) Special rule for Architect of the Capitol and Capitol Police
In the case of an employee of the Office of the Architect of the Capitol or of the Capitol Police,
the Office, after receiving a claim filed under section 1402 of this title, may recommend that the
employee use the grievance procedures of the Architect of the Capitol or the Capitol Police for
resolution of the employee's grievance for a specific period of time. Any deadline in this chapter
relating to a claim for which the employee is using the grievance procedures, that has not already
passed by the first day of that specific period, shall be stayed during that specific period.
(d) Election of remedies for Library of Congress
(1) Definitions
In this subsection:
(A) Direct Act
The term "direct Act" means an Act (other than this Act), or provision of the Revised
Statutes, that is specified in section 1311, 1312, or 1313 of this title.
(B) Direct provision
The term "direct provision" means a provision (including a definitional provision) of a direct
Act that applies the rights or protections of a direct Act (including rights and protections
relating to nonretaliation or noncoercion) to a Library claimant.
(C) Library claimant
The term "Library claimant" means, with respect to a direct provision, an employee of the
Library of Congress who is covered by that direct provision.
(2) Election after proceedings initially brought under this chapter
[Release Point 118-70]
A Library claimant who initially files a claim for an alleged violation as provided in section
1402 of this title may, at any time before the date that is 10 days after a hearing officer submits the
report on the preliminary review of the claim under section 1402a(c) of this title, elect to bring the
claim for a proceeding before the corresponding Federal agency under the corresponding direct
provision, instead of continuing with the procedures applicable to the claim under this subchapter
or filing a civil action in accordance with section 1408 of this title.
(3) Election after proceedings initially brought under other civil rights or labor law
A Library claimant who initially brings a claim, complaint, or charge under a direct provision
for a proceeding before a Federal agency may, prior to requesting a hearing under the agency's
procedures, elect to—
(A) continue with the agency's procedures and preserve the option (if any) to bring any civil
action relating to the claim, complaint, or charge, that is available to the Library claimant; or
(B) file a claim with the Office under section 1402 of this title and continue with the
corresponding procedures of this title available and applicable to a covered employee.
(4) Timing
A Library claimant who meets the initial deadline under section 1402(d) of this title for filing a
claim under this subchapter, or any initial deadline for bringing a claim, complaint, or charge
under the applicable direct provision, and then elects to change to alternative procedures as
described in paragraph (2) or (3)(B), shall be considered to meet any initial deadline for the
alternative procedures.
(5) Application
This subsection shall take effect and shall apply as described in section 153(c) of the Legislative
Branch Appropriations Act, 2018 (Public Law 115–141) (except to the extent such section applies
to any violation of section 1331 of this title or a provision of an Act specified in section 1331 of
this title).
(e) Rights of parties to retain private counsel
Nothing in this chapter may be construed to limit the authority of any individual (including a
covered employee, the head of an employing office, or an individual who is alleged to have
committed personally an act which consists of a violation of part A of subchapter II) to retain
counsel to protect the interests of the individual at any point during any of the procedures provided
under this title for the consideration of an alleged violation of part A of subchapter II, including as
provided under section 1415(d)(8) of this title with respect to individuals subject to a reimbursement
requirement of section 1415(d) of this title.
(f) Standards for assertions made by parties
Any party in any of the procedures provided under this subchapter, as well as any counsel or other
person representing a party in any of such procedures, shall have an obligation to ensure that, to the
best of the party's knowledge, information, and belief, as formed after an inquiry which is reasonable
under the circumstances, each of the following is correct:
(1) No pleading, written motion, or other paper is presented for any improper purpose, such as
to harass, cause unnecessary delay, or needlessly increase the cost of resolution of the matter.
(2) The claims, defenses, and other legal contentions the party advocates are warranted by
existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or
for establishing new law.
(3) The factual contentions have evidentiary support or, if specifically so identified, will likely
have evidentiary support after a reasonable opportunity for further review or discovery.
(4) The denials of factual contentions are warranted on the evidence or, if specifically so
identified, are reasonably based on belief or a lack of information.
(g) Procedure
Nothing in this chapter shall be construed to supersede or limit section 1361(d)(2) of this title.
[Release Point 118-70]
(Pub. L. 104–1, title IV, §401, Jan. 23, 1995, 109 Stat. 32; Pub. L. 115–141, div. I, title I, §153(b)(1),
Mar. 23, 2018, 132 Stat. 786; Pub. L. 115–397, title I, §101(a), Dec. 21, 2018, 132 Stat. 5298.)
EDITORIAL NOTES
REFERENCES IN TEXT
Part A of subchapter II, referred to in subsecs. (a) and (e), was in the original "part A of title II", meaning
part A (§§201–207) of title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to
part A of subchapter II of this chapter. For complete classification of part A to the Code, see Tables.
This chapter, referred to in subsecs. (c), (d)(1)(A), (2), (e), and (g), was in the original "this Act", meaning
Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Section 153(c) of the Legislative Branch Appropriations Act, 2018, referred to in subsec. (d)(5), is Pub. L.
115–141, div. I, title I, §153(c), Mar. 23, 2018, 132 Stat. 787, set out as a note under section 1301 of this title.
AMENDMENTS
2018—Pub. L. 115–397 amended section generally. Prior to amendment, section related to procedure for
consideration of alleged violations, consisting of three pars.
Par. (3). Pub. L. 115–141, §153(b)(1)(A), struck out "either" after "section 1404 of this title, of" in
introductory provisions.
Par. (3)(C). Pub. L. 115–141, §153(b)(1)(B)–(D), added subpar. (C).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21,
2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note
under section 1301 of this title. | §1401. Procedure for consideration of alleged violations | 2024-07-12T00:00:00 | 44ea9df8deab6ce50adc30045e6777e337e4ad6bd7f71a849f2ac4327f421a6c |
US House of Representatives | 2, 24, §1402 | (a) Claim
(1) Filing of claim
To commence a proceeding under this subchapter, a covered employee alleging a violation of
law made applicable under part A of subchapter II shall file a claim with the Office. The Office
shall not accept a claim which is filed after the deadline applicable under subsection (d).
(2) Contents of claim
The claim filed under this section shall be made in writing under oath or affirmation, shall
describe the facts that form the basis of the claim and the violation that is being alleged, shall
identify the employing office alleged to have committed the violation or in which the violation is
alleged to have occurred, and shall be in such form as the Office requires.
(3) No effect on ability of covered employee to seek information from office or pursue relief
Nothing in paragraph (2), or subsection (b) or (c), may be construed to limit the ability of a
covered employee—
(A) to contact the Office or any other appropriate office prior to filing a claim under this
section to seek information regarding the employee's rights under this chapter and the
procedures available under this chapter;
(B) in the case of a covered employee of an employing office of the House of Representatives
or Senate, to refer information regarding an alleged violation of part A of subchapter II to the
Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the
Senate (as the case may be); or
(C) to file a civil action in accordance with section 1401(b) of this title.
[Release Point 118-70]
(b) Initial processing of claim
(1) Intake and recording; notification to employing office
Upon the filing of a claim by a covered employee under subsection (a), the Office shall take
such steps as may be necessary for the initial intake and recording of the claim, including
providing each party with all relevant information with respect to the rights of the party under this
chapter, and shall transmit immediately a copy of the claim to the head of the employing office
and the designated representative of that office.
(2) Special notification requirements for claims based on acts by members of Congress
(A) In general
In the case of a claim alleging a violation described in subparagraph (B) which consists of a
violation described in section 1415(d)(1)(A) of this title by an individual, upon the filing of the
claim under subsection (a), the Office shall notify immediately such individual of the claim, the
possibility that the individual may be required to reimburse the account described in section
1415(a) of this title for the reimbursable portion of any award or settlement in connection with
the claim, and the right of the individual under section 1415(d)(8) of this title to intervene in
any mediation, hearing, or civil action under this subchapter with respect to the claim.
(B) Violations described
A violation described in this subparagraph is—
(i) harassment that is unlawful under section 1311(a) or 1316(a) of this title; or
(ii) intimidation, reprisal, or discrimination that is unlawful under section 1317 of this title
and is taken against a covered employee because of a claim alleging a violation described in
clause (i).
(c) Use of secure electronic reporting and tracking system
(1) Establishment and operation of secure system
The Office shall establish and operate a secure electronic reporting system through which a
covered employee may initiate a proceeding under this subchapter, and which will keep an
electronic record of the date and time at which the proceeding is initiated and will track all
subsequent actions or proceedings occurring with respect to the proceeding under this subchapter.
(2) Accessibility to all parties
The system shall be accessible to all parties to such actions or proceedings, but only until the
completion of such actions or proceedings.
(3) Assessment of effectiveness of procedures
The Office shall use the information contained in the system to make regular assessments of the
effectiveness of the procedures under this subchapter in providing for the timely resolution of
claims, and shall submit semi-annual reports on such assessments each year to the Committee on
House Administration of the House of Representatives and the Committee on Rules and
Administration of the Senate.
(d) Deadline
A covered employee may not file a claim under this section with respect to an allegation of a
violation of law after the expiration of the 180-day period which begins on the date of the alleged
violation.
(Pub. L. 104–1, title IV, §402, Jan. 23, 1995, 109 Stat. 32; Pub. L. 115–397, title I, §102(a), Dec. 21,
2018, 132 Stat. 5301.)
EDITORIAL NOTES
REFERENCES IN TEXT
Part A of subchapter II, referred to in subsec. (a)(1), (3)(B), was in the original "part A of title II", meaning
[Release Point 118-70]
part A (§§201–207) of title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to
part A of subchapter II of this chapter. For complete classification of part A to the Code, see Tables.
This chapter, referred to in subsecs. (a)(3)(A) and (b)(1), was in the original "this Act", meaning Pub. L.
104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
AMENDMENTS
2018—Pub. L. 115–397 amended section generally. Prior to amendment, section related to counseling prior
to commencing a proceeding.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21,
2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note
under section 1301 of this title. | §1402. Initiation of procedures | 2024-07-12T00:00:00 | f9cc2d4993cfdd343501450e8ec11e15a9187564288c36d3b005fd817e383235 |
US House of Representatives | 2, 24, §1403 | (a) Availability of mediation
(1) Notification regarding mediation
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(A) Covered employee
Upon receipt of a claim under section 1402 of this title, the Office shall notify the covered
employee who filed the claim about the process for mediation under this section and the
deadlines applicable to such mediation.
(B) Employing office
Upon transmission to the employing office of the claim pursuant to section 1402(b) of this
title, the Office shall notify the employing office about the process for mediation under this
section and the deadlines applicable to such mediation.
(2) Initiation
(A) In general
During the period described in subparagraph (B), either the covered employee who filed a
claim under section 1402 of this title or the employing office named in the claim may file a
request for mediation with the Office, which shall promptly notify the other party. If the other
party agrees to the request, the Office shall promptly assign a mediator to the claim, and
conduct mediation under this section.
(B) Timing
A covered employee or an employing office may file a request for mediation under
subparagraph (A) during the period beginning on the date that the covered employee or
employing office, respectively, receives a notification under paragraph (1) regarding a claim
under section 1402 of this title and ending on the date on which a hearing officer issues a
written decision relating to the claim under section 1405(g) of this title or the covered employee
files a civil action with respect to the claim in accordance with section 1408 of this title, as
applicable.
(3) Failure to request or accept mediation to have no effect on treatment of claim
The failure of a party to request mediation under this section with respect to a claim, or the
failure of a party to agree to a request for mediation under this section, may not be taken into
consideration under any procedure under this title with respect to the claim, including a
preliminary review under section 1402a of this title, a formal hearing under section 1405 of this
title, or a civil action under section 1408 of this title.
(b) Process
Mediation under this section—
(1) may include the Office, the covered employee, the employing office, and one or more
individuals appointed by the Executive Director from the master list developed and maintained
under subsection (e), and
(2) shall involve meetings with the parties during which, at the request of any of the parties, the
parties shall be separated, for the purpose of resolving the dispute between the covered employee
and the employing office.
(c) Mediation period
The mediation period shall be 30 days, beginning on the first day after the second party agrees to
the request for the mediation. The mediation period may be extended for one additional period of 30
days at the joint request of the covered employee and employing office. Any deadline in this chapter
relating to a claim for which mediation has been agreed to in this section, that has not already passed
by the first day of the mediation period, shall be stayed during the mediation period. The Office shall
notify in writing the covered employee and the employing office when the mediation period has
ended.
(d) Independence of mediation process
No individual, who is appointed by the Executive Director to mediate, may conduct or aid in a
hearing conducted under section 1405 of this title with respect to the same matter or shall be subject
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to subpoena or any other compulsory process with respect to the same matter.
(e) Master list of mediators
(1) Development and maintenance of master list
The Executive Director shall develop and maintain a master list of individuals who are
experienced in adjudicating, arbitrating, or mediating the kinds of personnel and other matters for
which mediation may be held under this section. Such list may include, but not be limited to,
members of the bar of a State or the District of Columbia and retired judges of the United States
courts.
(2) Consideration of candidates
In developing the master list under this subsection, the Executive Director shall consider
candidates recommended by the Federal Mediation and Conciliation Service or the Administrative
Conference of the United States.
(Pub. L. 104–1, title IV, §404, formerly §403, Jan. 23, 1995, 109 Stat. 32; Pub. L. 114–6, §2(a), Mar.
20, 2015, 129 Stat. 81; renumbered §404 and amended Pub. L. 115–397, title I, §§101(c)(2), 104,
Dec. 21, 2018, 132 Stat. 5301, 5305.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsec. (c), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995,
109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 1301 of this title and Tables.
PRIOR PROVISIONS
A prior section 404 of Pub. L. 104–1 was classified to section 1404 of this title, prior to repeal by Pub. L.
115–397, title I, §101(c)(1), Dec. 21, 2018, 132 Stat. 5301.
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–397, §104(a), amended subsec. (a) generally. Prior to amendment, text read
as follows: "Not later than 15 days after receipt by the employee of notice of the end of the counseling period
under section 1402 of this title, but prior to and as a condition of making an election under section 1404 of this
title, the covered employee who alleged a violation of a law shall file a request for mediation with the Office."
Subsec. (b)(2). Pub. L. 115–397, §104(b), substituted "meetings with the parties during which, at the
request of any of the parties, the parties shall be separated," for "meetings with the parties separately or
jointly".
Subsec. (c). Pub. L. 115–397, §104(c), substituted "The mediation period shall be 30 days, beginning on the
first day after the second party agrees to the request for the mediation. The mediation period may be extended
for one additional period of 30 days at the joint request of the covered employee and employing office. Any
deadline in this chapter relating to a claim for which mediation has been agreed to in this section, that has not
already passed by the first day of the mediation period, shall be stayed during the mediation period." for "The
mediation period shall be 30 days beginning on the date the request for mediation is received. The mediation
period may be extended for additional periods at the joint request of the covered employee and the employing
office."
2015—Subsec. (b)(1). Pub. L. 114–6, §2(a)(1), substituted "from the master list developed and maintained
under subsection (e)" for "after considering recommendations by organizations composed primarily of
individuals experienced in adjudicating or arbitrating personnel matters".
Subsec. (e). Pub. L. 114–6, §2(a)(2), added subsec. (e).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21,
2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note
under section 1301 of this title.
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EFFECTIVE DATE OF 2015 AMENDMENT
Pub. L. 114–6, §2(d), Mar. 20, 2015, 129 Stat. 82, provided that: "The amendments made by this section
[amending this section and sections 1404 and 1416 of this title] shall apply with respect to mediations and
other proceedings which are first initiated after the date of the enactment of this Act [Mar. 20, 2015]." | §1403. Mediation | 2024-07-12T00:00:00 | 589e400f328d37c0e59deb8ca4c26fa40c41accc254bfd744f90e42c9558a4fb |
US House of Representatives | 2, 24, §1405 | (a) Requirement for hearings to commence in Office
(1) Hearing required upon request
If, not later than 10 days after a hearing officer submits the report on the preliminary review of a
claim under section 1402a(c) of this title, a covered employee submits a request to the Executive
Director for a hearing under this section, the Executive Director shall appoint an independent
hearing officer pursuant to subsection (c) to consider the claim and render a decision, and a
hearing shall be commenced in the Office.
(2) Exceptions
Paragraph (1) does not apply with respect to the claim if—
(A) the hearing officer's report on the preliminary review of the claim under section 1402a(c)
of this title includes the determination that the individual filing the claim is not a covered
employee who has stated a claim for which relief may be granted under this title (as described
in section 1402a(d) of this title); or
(B) the covered employee files a civil action as provided in section 1408 of this title with
respect to the claim.
(b) Dismissal
A hearing officer may dismiss any claim that the hearing officer finds to be frivolous or that fails
to state a claim upon which relief may be granted.
(c) Hearing officer
(1) Appointment
Upon the filing of a request for a hearing under subsection (a), the Executive Director shall
appoint an independent hearing officer to consider the request for a hearing under subsection (a)
and render a decision. No Member of the House of Representatives, Senator, officer of either the
House of Representatives or the Senate, head of an employing office, member of the Board, or
covered employee may be appointed to be a hearing officer. The Executive Director shall select
hearing officers on a rotational or random basis from the lists developed under paragraph (2).
Nothing in this section shall prevent the appointment of hearing officers as full-time employees of
the Office or the selection of hearing officers on the basis of specialized expertise needed for
particular matters.
(2) Lists
The Executive Director shall develop master lists, composed of—
(A) members of the bar of a State or the District of Columbia and retired judges of the United
States courts who are experienced in adjudicating or arbitrating the kinds of personnel and other
matters for which hearings may be held under this chapter, and
(B) individuals expert in technical matters relating to accessibility and usability by persons
with disabilities or technical matters relating to occupational safety and health.
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In developing lists, the Executive Director shall consider candidates recommended by the Federal
Mediation and Conciliation Service or the Administrative Conference of the United States.
(3) Prohibiting hearing officer conducting preliminary review from conducting hearing
The Executive Director may not appoint a hearing officer to conduct a hearing under this
section with respect to a claim if the hearing officer conducted the preliminary review with respect
to the claim under section 1402a of this title.
(d) Hearing
Unless a claim is dismissed before a hearing, a hearing shall be—
(1) conducted in closed session on the record by the hearing officer;
(2) commenced no later than 90 days after the Executive Director receives the covered
employee's request for the hearing under subsection (a), except that, upon mutual agreement of the
parties or for good cause, the Office shall extend the time for commencing a hearing for not more
than an additional 30 days; and
(3) conducted, except as specifically provided in this chapter and to the greatest extent
practicable, in accordance with the principles and procedures set forth in sections 554 through 557
of title 5.
(e) Discovery
Reasonable prehearing discovery may be permitted at the discretion of the hearing officer.
(f) Subpoenas
(1) In general
At the request of a party, a hearing officer may issue subpoenas for the attendance of witnesses
and for the production of correspondence, books, papers, documents, and other records. The
attendance of witnesses and the production of records may be required from any place within the
United States. Subpoenas shall be served in the manner provided under rule 45(b) of the Federal
Rules of Civil Procedure.
(2) Objections
If a person refuses, on the basis of relevance, privilege, or other objection, to testify in response
to a question or to produce records in connection with a proceeding before a hearing officer, the
hearing officer shall rule on the objection. At the request of the witness or any party, the hearing
officer shall (or on the hearing officer's own initiative, the hearing officer may) refer the ruling to
the Board for review.
(3) Enforcement
(A) In general
If a person fails to comply with a subpoena, the Board may authorize the General Counsel to
apply, in the name of the Office, to an appropriate United States district court for an order
requiring that person to appear before the hearing officer to give testimony or produce records.
The application may be made within the judicial district where the hearing is conducted or
where that person is found, resides, or transacts business. Any failure to obey a lawful order of
the district court issued pursuant to this section may be held by such court to be a civil contempt
thereof.
(B) Service of process
Process in an action or contempt proceeding pursuant to subparagraph (A) may be served in
any judicial district in which the person refusing or failing to comply, or threatening to refuse or
not to comply, resides, transacts business, or may be found, and subpoenas for witnesses who
are required to attend such proceedings may run into any other district.
(g) Decision
The hearing officer shall issue a written decision as expeditiously as possible, but in no case more
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than 90 days after the conclusion of the hearing. The written decision shall be transmitted by the
Office to the parties. The decision shall state the issues raised in the claim, describe the evidence in
the record, contain findings of fact and conclusions of law, contain a determination of whether a
violation has occurred, and order such remedies as are appropriate pursuant to subchapter II. The
decision shall be entered in the records of the Office. If a decision is not appealed under section 1406
of this title to the Board, the decision shall be considered the final decision of the Office.
(h) Precedents
A hearing officer who conducts a hearing under this section shall be guided by judicial decisions
under the laws made applicable by section 1302 of this title and by Board decisions under this
chapter.
(Pub. L. 104–1, title IV, §405, Jan. 23, 1995, 109 Stat. 33; Pub. L. 115–397, title I, §103(b)–(e), Dec.
21, 2018, 132 Stat. 5304, 5305.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsecs. (c)(2)(A), (d)(3), and (h), was in the original "this Act", meaning Pub.
L. 104–1, Jan. 23, 1995, 109 Stat. 3 which is classified principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
Rule 45(b) of the Federal Rules of Civil Procedure, referred to in subsec. (f)(1), is set out in the Appendix
to Title 28, Judiciary and Judicial Procedure.
Subchapter II, referred to in subsec. (g), was in the original "title II", meaning title II of Pub. L. 104–1, Jan.
23, 1995, 109 Stat. 7, which is classified principally to subchapter II of this chapter. For complete
classification of title II to the Code, see Tables.
AMENDMENTS
2018—Pub. L. 115–397, §103(e)(1), struck out "Complaint and" before "Hearing" in section catchline.
Subsec. (a). Pub. L. 115–397, §103(b), amended subsec. (a) generally. Prior to amendment, subsec. (a)
related to filing complaints by covered employees after completion of mediation under former section 1403 of
this title.
Subsec. (c)(1). Pub. L. 115–397, §103(e)(2), which directed substitution of "request for a hearing under
subsection (a)" for "complaint", was executed by making the substitution both places it appeared, to reflect the
probable intent of Congress.
Subsec. (c)(3). Pub. L. 115–397, §103(c), added par. (3).
Subsec. (d). Pub. L. 115–397, §103(e)(3), substituted "claim" for "complaint" in introductory provisions.
Subsec. (d)(2). Pub. L. 115–397, §103(d), added par. (2) and struck out former par. (2) which read as
follows: "commenced no later than 60 days after filing of the complaint under subsection (a), except that the
Office may, for good cause, extend up to an additional 30 days the time for commencing a hearing; and".
Subsec. (g). Pub. L. 115–397, §103(e)(4), substituted "claim" for "complaint".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21,
2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note
under section 1301 of this title. | §1405. Hearing | 2024-07-12T00:00:00 | c867ef75de18797091f9f3960545db8e63a235028412370066e3aff63f2cb69b |
US House of Representatives | 2, 24, §1406 | (a) In general
Any party aggrieved by the decision of a hearing officer under section 1405(g) of this title may
file a petition for review by the Board not later than 30 days after entry of the decision in the records
of the Office.
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(b) Parties' opportunity to submit argument
The parties to the hearing upon which the decision of the hearing officer was made shall have a
reasonable opportunity to be heard, through written submission and, in the discretion of the Board,
through oral argument.
(c) Standard of review
The Board shall set aside a decision of a hearing officer if the Board determines that the decision
was—
(1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
(d) Record
In making determinations under subsection (c), the Board shall review the whole record, or those
parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
(e) Decision
The Board shall issue a written decision setting forth the reasons for its decision. The decision
may affirm, reverse, or remand to the hearing officer for further proceedings. A decision that does
not require further proceedings before a hearing officer shall be entered in the records of the Office
as a final decision. | §1406. Appeal to Board | 2024-07-12T00:00:00 | 003d4b4f49bc459dce87c7496f6ae72054435d0a037a45581968b2e32dd3647c |
US House of Representatives | 2, 24, §1407 | (a) Jurisdiction
(1) Judicial review
The United States Court of Appeals for the Federal Circuit shall have jurisdiction over any
proceeding commenced by a petition of—
(A) a party aggrieved by a final decision of the Board under section 1406(e) of this title in
cases arising under part A of subchapter II,
(B) a charging individual or a respondent before the Board who files a petition under section
1331(d)(4) of this title,
(C) the General Counsel or a respondent before the Board who files a petition under section
1341(c)(5) of this title, or
(D) the General Counsel or a respondent before the Board who files a petition under section
1351(c)(3) of this title.
The court of appeals shall have exclusive jurisdiction to set aside, suspend (in whole or in part), to
determine the validity of, or otherwise review the decision of the Board.
(2) Enforcement
The United States Court of Appeals for the Federal Circuit shall have jurisdiction over any
petition of the General Counsel, filed in the name of the Office and at the direction of the Board,
to enforce a final decision under section 1405(g) or 1406(e) of this title with respect to a violation
of part A, B, C, or D of subchapter II.
(b) Procedures
(1) Respondents
(A) In any proceeding commenced by a petition filed under subsection (a)(1)(A) or (B), or filed
by a party other than the General Counsel under subsection (a)(1)(C) or (D), the Office shall be
named respondent and any party before the Board may be named respondent by filing a notice of
election with the court within 30 days after service of the petition.
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(B) In any proceeding commenced by a petition filed by the General Counsel under subsection
(a)(1)(C) or (D), the prevailing party in the final decision entered under section 1406(e) of this title
shall be named respondent, and any other party before the Board may be named respondent by
filing a notice of election with the court within 30 days after service of the petition.
(C) In any proceeding commenced by a petition filed under subsection (a)(2), the party under
section 1405 or 1406 of this title that the General Counsel determines has failed to comply with a
final decision under section 1405(g) or 1406(e) of this title shall be named respondent.
(2) Intervention
Any party that participated in the proceedings before the Board under section 1406 of this title
and that was not made respondent under paragraph (1) may intervene as of right.
(c) Law applicable
Chapter 158 of title 28 shall apply to judicial review under paragraph (1) of subsection (a), except
that—
(1) with respect to section 2344 of title 28, service of a petition in any proceeding in which the
Office is a respondent shall be on the General Counsel rather than on the Attorney General;
(2) the provisions of section 2348 of title 28, on the authority of the Attorney General, shall not
apply;
(3) the petition for review shall be filed not later than 90 days after the entry in the Office of a
final decision under section 1406(e) of this title; and
(4) the Office shall be an "agency" as that term is used in chapter 158 of title 28.
(d) Standard of review
To the extent necessary for decision in a proceeding commenced under subsection (a)(1) and when
presented, the court shall decide all relevant questions of law and interpret constitutional and
statutory provisions. The court shall set aside a final decision of the Board if it is determined that the
decision was—
(1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
(e) Record
In making determinations under subsection (d), the court shall review the whole record, or those
parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
(Pub. L. 104–1, title IV, §407, Jan. 23, 1995, 109 Stat. 35.)
EDITORIAL NOTES
REFERENCES IN TEXT
Parts A, B, C, and D of subchapter II, referred to in subsec. (a), were in the original references to parts A
(§§201–207), B (§210), C (§215), and D (§220), respectively, of title II of Pub. L. 104–1, Jan. 23, 1995, 109
Stat. 7, 13, 16, 19, which are classified principally to parts A, B, C, and D, respectively, of subchapter II of
this chapter. For complete classification of parts A, B, C, and D to the Code, see Tables. | §1407. Judicial review of Board decisions and enforcement | 2024-07-12T00:00:00 | 994af4748154b44d54207ef9d93ddf5188f4d6af494f61176f82f7817f1073bf |
US House of Representatives | 2, 24, §1408 | (a) Jurisdiction
The district courts of the United States shall have jurisdiction over any civil action commenced
under section 1401 of this title and this section by a covered employee.
(b) Parties
The defendant shall be the employing office alleged to have committed the violation, or in which
the violation is alleged to have occurred.
[Release Point 118-70]
(c) Jury trial
Any party may demand a jury trial where a jury trial would be available in an action against a
private defendant under the relevant law made applicable by this chapter. In any case in which a
violation of section 1311 of this title is alleged, the court shall not inform the jury of the maximum
amount of compensatory damages available under section 1311(b)(1) or 1311(b)(3) of this title.
(d) Appearances by House Employment Counsel
(1) In general
The House Employment Counsel of the House of Representatives and any other counsel in the
Office of House Employment Counsel of the House of Representatives, including any counsel
specially retained by the Office of House Employment Counsel, shall be entitled, for the purpose
of providing legal assistance and representation to employing offices of the House of
Representatives under this chapter, to enter an appearance in any proceeding before any court of
the United States or of any State or political subdivision thereof without compliance with any
requirements for admission to practice before such court, except that the authorization conferred
by this paragraph shall not apply with respect to the admission of any such person to practice
before the United States Supreme Court.
(2) House Employment Counsel defined
In this subsection, the term "Office of House Employment Counsel of the House of
Representatives" means—
(A) the Office of House Employment Counsel established and operating under the authority
of the Clerk of the House of Representatives as of November 12, 2001;
(B) any successor office to the Office of House Employment Counsel which is established
after November 12, 2001; and
(C) any other person authorized and directed in accordance with the Rules of the House of
Representatives to provide legal assistance and representation to employing offices of the House
of Representatives in connection with actions brought under this subchapter.
(Pub. L. 104–1, title IV, §408, Jan. 23, 1995, 109 Stat. 37; Pub. L. 107–68, title I, §119(a), Nov. 12,
2001, 115 Stat. 573; Pub. L. 115–397, title I, §101(b), Dec. 21, 2018, 132 Stat. 5300.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsecs. (c) and (d)(1), was in the original "this Act", meaning Pub. L. 104–1,
Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act
to the Code, see Short Title note set out under section 1301 of this title and Tables.
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–397 substituted "section 1401 of this title" for "section 1404 of this title"
and struck out "who has completed counseling under section 1402 of this title and mediation under section
1403 of this title. A civil action may be commenced by a covered employee only to seek redress for a
violation for which the employee has completed counseling and mediation" after "covered employee".
2001—Subsec. (d). Pub. L. 107–68 added subsec. (d).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21,
2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note
under section 1301 of this title.
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107–68, title I, §119(b), Nov. 12, 2001, 115 Stat. 574, provided that: "The amendment made by this
section [amending this section] shall apply with respect to proceedings occurring on or after the date of the
[Release Point 118-70]
enactment of this Act [Nov. 12, 2001]." | §1408. Civil action | 2001-11-12T00:00:00 | c56b7863e761301a7e2673c0c8cb9cbbe5d8c6c0deaccf53c3123cefec86f635 |
US House of Representatives | 2, 24, §1409 | In any proceeding brought under section 1407 or 1408 of this title in which the application of a
regulation issued under this chapter is at issue, the court may review the validity of the regulation in
accordance with the provisions of subparagraphs (A) through (D) of section 706(2) of title 5, except
that with respect to regulations approved by a joint resolution under section 1384(c) of this title, only
the provisions of section 706(2)(B) of title 5 shall apply. If the court determines that the regulation is
invalid, the court shall apply, to the extent necessary and appropriate, the most relevant substantive
executive agency regulation promulgated to implement the statutory provisions with respect to which
the invalid regulation was issued. Except as provided in this section, the validity of regulations
issued under this chapter is not subject to judicial review.
(Pub. L. 104–1, title IV, §409, Jan. 23, 1995, 109 Stat. 37.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109
Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see
Short Title note set out under section 1301 of this title and Tables. | §1409. Judicial review of regulations | 2024-07-12T00:00:00 | f01694057afbbdfa83e6784378954804493ee06464ac8578e97eeb9a53b3cc9c |
US House of Representatives | 2, 24, §1410 | Except as expressly authorized by sections 1407, 1408, and 1409 of this title, the compliance or
noncompliance with the provisions of this chapter and any action taken pursuant to this chapter shall
not be subject to judicial review.
(Pub. L. 104–1, title IV, §410, Jan. 23, 1995, 109 Stat. 37.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109
Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see
Short Title note set out under section 1301 of this title and Tables. | §1410. Other judicial review prohibited | 2024-07-12T00:00:00 | b80f0c90263fd0deac637e9d57f1ff5b0d40a797cc4516fce4d1f51a6b94a0b3 |
US House of Representatives | 2, 24, §1411 | In any proceeding under section 1405, 1406, 1407, or 1408 of this title, except a proceeding to
enforce section 1351 of this title with respect to offices listed under section 1351(e)(2) of this title, if
the Board has not issued a regulation on a matter for which this chapter requires a regulation to be
issued, the hearing officer, Board, or court, as the case may be, shall apply, to the extent necessary
and appropriate, the most relevant substantive executive agency regulation promulgated to
implement the statutory provision at issue in the proceeding.
(Pub. L. 104–1, title IV, §411, Jan. 23, 1995, 109 Stat. 37.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109
Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see
[Release Point 118-70]
Short Title note set out under section 1301 of this title and Tables. | §1411. Effect of failure to issue regulations | 2024-07-12T00:00:00 | 6c36d4e6d6b11a59b3eaaf6865d1f2515e5806add425ef6a4c0bd360caddb410 |
US House of Representatives | 2, 24, §1412 | (a) In general
An appeal may be taken directly to the Supreme Court of the United States from any interlocutory
or final judgment, decree, or order of a court upon the constitutionality of any provision of this
chapter.
(b) Jurisdiction
The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the
appeal referred to in subsection (a), advance the appeal on the docket, and expedite the appeal to the
greatest extent possible.
(Pub. L. 104–1, title IV, §412, Jan. 23, 1995, 109 Stat. 38.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995,
109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 1301 of this title and Tables. | §1412. Expedited review of certain appeals | 2024-07-12T00:00:00 | 692022b38873314fbaf9dee417a8dd0447447cf95daad5df0daafa1becf86689 |
US House of Representatives | 2, 24, §1413 | The authorization to bring judicial proceedings under sections 1405(f)(3), 1407, and 1408 of this
title shall not constitute a waiver of sovereign immunity for any other purpose, or of the privileges of
any Senator or Member of the House of Representatives under article I, section 6, clause 1, of the
Constitution, or a waiver of any power of either the Senate or the House of Representatives under the
Constitution, including under article I, section 5, clause 3, or under the rules of either House relating
to records and information within its jurisdiction. | §1413. Privileges and immunities | 2024-07-12T00:00:00 | f846a739ad4aa538e2b0fb0a637350e407283bd948c5d363c300fcd44ef7d9c7 |
US House of Representatives | 2, 24, §1414 | Any settlement entered into by the parties to a process described in section 1331, 1341, 1351, or
1401 of this title shall be in writing and not become effective unless it is approved by the Executive
Director. Nothing in this chapter shall affect the power of the Senate and the House of
Representatives, respectively, to establish rules governing the process by which a settlement may be
entered into by such House or by any employing office of such House.
(Pub. L. 104–1, title IV, §414, Jan. 23, 1995, 109 Stat. 38; Pub. L. 115–397, title I, §103(f), Dec. 21,
2018, 132 Stat. 5305.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109
Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see
Short Title note set out under section 1301 of this title and Tables.
AMENDMENTS
2018—Pub. L. 115–397 struck out "of complaints" after "Settlement" in section catchline.
[Release Point 118-70]
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21,
2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note
under section 1301 of this title. | §1414. Settlement | 2024-07-12T00:00:00 | e331f7bd00c6779bf48369c3bdf8e15a6ef2495af67205d12f395d083f784605 |
US House of Representatives | 2, 24, §1415 | (a) Awards and settlements
Except as provided in subsection (c), only funds which are appropriated to an account of the
Office in the Treasury of the United States for the payment of awards and settlements may be used
for the payment of awards and settlements under this chapter. There are appropriated for such
account such sums as may be necessary to pay such awards and settlements. Funds in the account are
not available for awards and settlements involving the Government Accountability Office or the
Government Publishing Office.
(b) Compliance
Except as provided in subsection (c), there are authorized to be appropriated such sums as may be
necessary for administrative, personnel, and similar expenses of employing offices which are needed
to comply with this chapter.
(c) OSHA, accommodation, and access requirements
Funds to correct violations of section 1311(a)(3), 1331, or 1341 of this title may be paid only from
funds appropriated to the employing office or entity responsible for correcting such violations. There
are authorized to be appropriated such sums as may be necessary for such funds.
(d) Reimbursement by Members of Congress of amounts paid as settlements and awards
(1) Reimbursement required for certain violations
(A) In general
Subject to subparagraphs (B) and (D), if a payment is made from the account described in
subsection (a) for an award or settlement in connection with a claim alleging a violation
described in subparagraph (C) committed personally by an individual who, at the time of
committing the violation, was a Member of the House of Representatives (including a Delegate
or Resident Commissioner to the Congress) or a Senator, the individual shall reimburse the
account for the amount of the award or settlement for the claim involved.
(B) Conditions
In the case of an award made pursuant to a decision of a hearing officer under section 1405 of
this title, or a court in a civil action, subparagraph (A) shall apply only if the hearing officer or
court makes a separate finding that a violation described in subparagraph (C) occurred which
was committed personally by an individual who, at the time of committing the violation, was a
Member of the House of Representatives (including a Delegate or Resident Commissioner to
the Congress) or a Senator, and such individual shall reimburse the account for the amount of
compensatory damages included in the award as would be available if awarded under section
1981a(b)(3) of title 42 irrespective of the size of the employing office. In the case of a
settlement for a claim described in section 1416(d)(3) of this title, subparagraph (A) shall apply
only if the conditions specified in section 1416(d)(3) of this title for requesting reimbursement
are met.
(C) Violations described
A violation described in this subparagraph is—
(i) harassment that is unlawful under section 1311(a) or 1316(a) of this title; or
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(ii) intimidation, reprisal, or discrimination that is unlawful under section 1317 of this title
and is taken against a covered employee because of a claim alleging a violation described in
clause (i).
(D) Multiple claims
If an award or settlement is made for multiple claims, some of which do not require
reimbursement under this subsection, the individual described in subparagraph (A) shall only be
required to reimburse for the amount (referred to in this chapter as the "reimbursable portion")
that is—
(i) described in subparagraph (A), subject to subparagraph (B); and
(ii) included in the portion of the award or settlement attributable to a claim requiring
reimbursement.
(2) Withholding amounts from compensation
(A) Establishment of timetable and procedures by committees
For purposes of carrying out subparagraph (B), the applicable Committee shall establish a
timetable and procedures for the withholding of amounts from the compensation of an
individual who is a Member of the House of Representatives or a Senator.
(B) Deadline
The payroll administrator shall withhold from an individual's compensation and transfer to
the account described in subsection (a) (after making any deposit required under section 8432(f)
of title 5) such amounts as may be necessary to reimburse the account described in subsection
(a) for the reimbursable portion of the award or settlement described in paragraph (1) if the
individual has not reimbursed the account as required under paragraph (1) prior to the
expiration of the 90-day period which begins on the date a payment is made from the account
for such an award or settlement.
(C) Applicable Committee defined
In this paragraph, the term "applicable Committee" means—
(i) the Committee on House Administration of the House of Representatives, in the case of
an individual who, at the time of the withholding, is a Member of the House; or
(ii) the Committee on Rules and Administration of the Senate, in the case of an individual
who, at the time of the withholding, is a Senator.
(3) Use of amounts in Thrift Savings Fund as source of reimbursement
(A) In general
If, by the expiration of the 180-day period that begins on the date a payment is made from the
account described in subsection (a) for an award or settlement described in paragraph (1), an
individual who is subject to a reimbursement requirement of this subsection has not reimbursed
the account for the entire reimbursable portion as required under paragraph (1), withholding and
transfers of amounts shall continue under paragraph (2) if the individual remains employed in
the same position, and the Executive Director of the Federal Retirement Thrift Investment
Board shall make a transfer described in subparagraph (B).
(B) Transfers
The transfer by such Executive Director is a transfer, from the account of the individual in the
Thrift Savings Fund to the account described in subsection (a), of an amount equal to the
amount of that reimbursable portion of the award or settlement, reduced by—
(i) any amount the individual has reimbursed, taking into account any amounts withheld
under paragraph (2); and
(ii) if the individual remains employed in the same position, any amount that the individual
is scheduled to reimburse, taking into account any amounts to be withheld under the
individual's timetable under paragraph (2).
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(C) Initiation of transfer
Notwithstanding section 8435 of title 5, the Executive Director described in subparagraph (A)
shall make the transfer under subparagraph (A) upon receipt of a written request to the
Executive Director from the Secretary of the Treasury, in the form and manner required by the
Executive Director.
(D) Coordination between payroll administrator and the Executive Director
The payroll administrator and the Executive Director described in subparagraph (A) shall
carry out this paragraph in a manner that ensures the coordination of the withholding and
transferring of amounts under this paragraph, in accordance with regulations promulgated by
the Board under section 1383 of this title and such Executive Director.
(4) Administrative wage garnishment or other collection of wages from a subsequent
position
(A) Individual subject to garnishment or other collection
Subparagraph (B) shall apply to an individual who is subject to a reimbursement requirement
of this subsection if, at any time after the expiration of the 270-day period that begins on the
date a payment is made from the account described in subsection (a) for an award or settlement
described in paragraph (1), the individual—
(i) has not reimbursed the account for the entire reimbursable portion as required under
paragraph (1), through withholdings or transfers under paragraphs (2) and (3);
(ii) is not serving in a position as a Member of the House of Representatives or a Senator;
and
(iii) is employed in a subsequent non-Federal position.
(B) Garnishment or other collection of wages
On the expiration of that 270-day period, the amount of the reimbursable portion of an award
or settlement described in paragraph (1) (reduced by any amount the individual has reimbursed,
taking into account any amounts withheld or transferred under paragraph (2) or (3)) shall be
treated as a claim of the United States and transferred to the Secretary of the Treasury for
collection. Upon that transfer, the Secretary of the Treasury shall collect the claim, in
accordance with section 3711 of title 31, including by administrative wage garnishment of the
wages of the individual described in subparagraph (A) from the position described in
subparagraph (A)(iii). The Secretary of the Treasury shall transfer the collected amount to the
account described in subsection (a).
(5) Notification to Office of Personnel Management and Secretary of the Treasury
(A) Individual subject to annuity or social security withholding
Subparagraph (B) shall apply to an individual subject to a reimbursement requirement of this
subsection if, at any time after the expiration of the 270-day period described in paragraph
(4)(A), the individual—
(i) has not served in a position as a Member of the House of Representatives or a Senator
during the preceding 90 days; and
(ii) is not employed in a subsequent non-Federal position.
(B) Annuity or social security withholding
If, at any time after the 270-day period described in paragraph (4)(A), the individual
described in subparagraph (A) has not reimbursed the account described in subsection (a) for
the entire reimbursable portion of the award or settlement described in paragraph (1) (as
determined by the Secretary of the Treasury), through withholdings, transfers, or collections
under paragraphs (2) through (4), the Secretary of the Treasury (after consultation with the
payroll administrator)—
(i) shall notify the Director of the Office of Personnel Management, who shall take such
actions as the Director considers appropriate to withhold from any annuity payable to the
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individual under chapter 83 or chapter 84 of title 5 and transfer to the account described in
subsection (a), such amounts as may be necessary to reimburse the account for the remainder
of the reimbursable portion of an award or settlement described in paragraph (1); and
(ii) shall (if necessary), notwithstanding section 207 of the Social Security Act (42 U.S.C.
407), take such actions as the Secretary of the Treasury considers appropriate to withhold
from any payment to the individual under title II of the Social Security Act (42 U.S.C. 401 et
seq.) and transfer to the account described in subsection (a), such amounts as may be
necessary to reimburse the account for the remainder of the reimbursable portion of an award
or settlement described in paragraph (1).
(6) Coordination between OPM and Treasury
The Director of the Office of Personnel Management and the Secretary of the Treasury shall
carry out paragraph (5) in a manner that ensures the coordination of the withholding and
transferring of amounts under such paragraph, in accordance with regulations promulgated by the
Director and the Secretary.
(7) Certification
Once the Executive Director determines that an individual who is subject to a reimbursement
requirement of this subsection has reimbursed the account described in subsection (a) for the
entire reimbursable portion, the Executive Director shall prepare a certification that the individual
has completed that reimbursement, and submit the certification to—
(A) the Committees on House Administration and Ethics of the House of Representatives, in
the case of an individual who, at the time of committing the act involved, was a Member of the
House of Representatives (including a Delegate or Resident Commissioner to the Congress);
and
(B) the Select Committee on Ethics of the Senate, in the case of an individual who, at the
time of committing the act involved, was a Senator.
(8) Right to intervene
An individual who is subject to a reimbursement requirement of this subsection shall have the
unconditional right to intervene in any mediation, hearing, or civil action under this subchapter to
protect the interests of the individual in the determination of whether an award or settlement
described in paragraph (1) should be made, and the amount of any such award or settlement,
except that nothing in this paragraph may be construed to require the covered employee who filed
the claim to be deposed by counsel for the individual in a deposition that is separate from any
other deposition taken from the employee in connection with the hearing or civil action.
(9) Definitions
In this subsection:
(A) Non-Federal position
The term "non-Federal position" means a position other than the position of an employee, as
defined in section 2105(a) of title 5.
(B) Payroll administrator
The term "payroll administrator" means—
(i) in the case of an individual who is a Member of the House of Representatives, the Chief
Administrative Officer of the House of Representatives, or an employee of the Office of the
Chief Administrative Officer who is designated by the Chief Administrative Officer to carry
out this subsection; or
(ii) in the case of an individual who is a Senator, the Secretary of the Senate, or an
employee of the Office of the Secretary of the Senate who is designated by the Secretary to
carry out this subsection.
(e) Reimbursement by employing offices
(1) Notification of payments made from account
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As soon as practicable after the Executive Director is made aware that a payment of an award or
settlement under this chapter has been made from the account described in subsection (a) in
connection with a claim alleging a violation of section 1311(a) or 1316(a) of this title by an
employing office (other than an employing office of the House of Representatives or an
employing office of the Senate), the Executive Director shall notify the head of the employing
office that the payment has been made, and shall include in the notification a statement of the
amount of the payment.
(2) Reimbursement by office
Not later than 180 days after receiving a notification from the Executive Director under
paragraph (1), the head of the employing office involved shall transfer to the account described in
subsection (a), out of any funds available for operating expenses of the office, a payment equal to
the amount specified in the notification.
(3) Timetable and procedures for reimbursement
The head of an employing office shall transfer a payment under paragraph (2) in accordance
with such timetable and procedures as may be established under regulations promulgated by the
Office.
(Pub. L. 104–1, title IV, §415, Jan. 23, 1995, 109 Stat. 38; Pub. L. 108–271, §8(b), July 7, 2004, 118
Stat. 814; Pub. L. 113–76, div. I, title I, §1101(a), Jan. 17, 2014, 128 Stat. 425; Pub. L. 113–235, div.
H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 115–141, div. I, title I, §153(a)(2)(E),
Mar. 23, 2018, 132 Stat. 786; Pub. L. 115–397, title I, §§111(a), 115(a), Dec. 21, 2018, 132 Stat.
5306, 5314.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (b), (d)(1)(D), and (e)(1), was in the original "this Act", meaning
Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
The Social Security Act, referred to in subsec. (d)(5)(B)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title
II of the Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–141 substituted "or" for comma after "Government Accountability Office"
and struck out ", or the Library of Congress" before period at end.
Subsec. (d). Pub. L. 115–397, §111(a), added subsec. (d).
Subsec. (e). Pub. L. 115–397, §115(a), added subsec. (e).
2014—Subsec. (a). Pub. L. 113–76 substituted "There are appropriated for such account such sums as may
be necessary to pay such awards and settlements." for "There are authorized to be appropriated for such
account such sums as may be necessary to pay such awards and settlements."
2004—Subsec. (a). Pub. L. 108–271 substituted "Government Accountability Office" for "General
Accounting Office".
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
"Government Publishing Office" substituted for "Government Printing Office" in subsec. (a) on authority of
section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and
Documents.
EFFECTIVE DATE OF 2018 AMENDMENT
Pub. L. 115–397, title I, §111(c), Dec. 21, 2018, 132 Stat. 5311, provided that: "The amendments made by
subsections (a) and (b) [amending this section and section 8437 of Title 5, Government Organization and
Employees] shall apply with respect to claims made on or after the date of the enactment of this Act [Dec. 21,
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2018]."
Pub. L. 115–397, title I, §115(b), Dec. 21, 2018, 132 Stat. 5314, provided that: "The amendment made by
subsection (a) [amending this section] shall apply with respect to payments made under section 415 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1415) for claims filed on or after the date of the
enactment of this Act [Dec. 21, 2018]."
EFFECTIVE DATE OF 2014 AMENDMENT
Pub. L. 113–76, div. I, title I, §1101(b), Jan. 17, 2014, 128 Stat. 425, provided that: "The amendment made
by subsection (a) [amending this section] shall apply with respect to fiscal year 2014 and each succeeding
fiscal year." | §1415. Payments | 2004-07-07T00:00:00 | cebe89e0047ed74ecfd92ee522584412f3551406dadd114639378f8fa18edce3 |
US House of Representatives | 2, 24, §1416 | (a) Mediation
All information discussed or disclosed in the course of any mediation shall be strictly confidential,
and the Executive Director shall notify each person participating in the mediation of the
confidentiality requirement and of the sanctions applicable to any person who violates the
confidentiality requirement.
(b) Hearings and deliberations
Except as provided in subsections (c), (d), and (e), all proceedings and deliberations of hearing
officers and the Board, including any related records, shall be confidential. This subsection shall not
apply to proceedings under section 1341 of this title, but shall apply to the deliberations of hearing
officers and the Board under that section. The Executive Director shall notify each person
participating in a proceeding or deliberation to which this subsection applies of the requirements of
this subsection and of the sanctions applicable to any person who violates the requirements of this
subsection.
(c) Release of records for judicial action
The records of hearing officers and the Board may be made public if required for the purpose of
judicial review under section 1407 of this title.
(d) Automatic referral to Congressional Ethics Committee of dispositions of claims involving
Members of Congress and senior staff
(1) Referral
Upon the final disposition under this subchapter (as described in paragraph (6)) of a claim
alleging a violation described in section 1415(d)(1)(C) of this title committed personally by a
Member of the House of Representatives (including a Delegate or Resident Commissioner to the
Congress) or a Senator, or by a senior staff of the House of Representatives or Senate, the
Executive Director shall refer the claim to—
(A) the Committee on Ethics of the House of Representatives, in the case of a Member or
senior staff of the House; or
(B) the Select Committee on Ethics of the Senate, in the case of a Senator or senior staff of
the Senate.
(2) Access to records and information
If the Executive Director refers a claim to a Committee under paragraph (1), the Executive
Director shall provide the Committee with access to the records of any preliminary reviews,
hearings, or decisions of the hearing officers and the Board under this chapter, and any
information relating to an award or settlement paid, in response to such claim.
(3) Review by Senate ethics committee of settlements of certain claims
After the receipt of a settlement agreement for a claim that includes an allegation of a violation
described in section 1415(d)(1)(C) of this title committed personally by a Senator, the Select
Committee on Ethics of the Senate shall—
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(A) not later than 90 days after that receipt, review the settlement agreement;
(B) determine whether an investigation of the claim is warranted; and
(C) if the Select Committee determines, after the investigation, that the claim that resulted in
the settlement involved an actual violation described in section 1415(d)(1)(C) of this title
committed personally by the Senator, then the Select Committee shall notify the Executive
Director to request the reimbursement described in section 1415(d) of this title and include the
settlement in the report required by section 1381(l) of this title.
(4) Protection of personally identifiable information
If a Committee to which a claim is referred under paragraph (1) issues a report with respect to
the claim, the Committee shall ensure that the report does not directly disclose the identity or
position of the individual who filed the claim.
(5) Committee authority to protect identity of a claimant
(A) Authority
If a Committee to which a claim is referred under paragraph (1) issues a report as described
in paragraph (4) concerning a Member of the House of Representatives (including a Delegate or
Resident Commissioner to the Congress) or a Senator, or a senior staff of the House of
Representatives or Senate, the Committee may make an appropriate redaction to the information
or data included in the report if the Chairman and Vice Chairman of the Committee reach
agreement—
(i) that including the information or data considered for redaction may lead to the
unintentional disclosure of the identity or position of a claimant; and
(ii) on the precise information or data to be redacted.
(B) Notation and statement
The report including any such redaction shall note each redaction and include a statement that
the redaction was made solely for the purpose of avoiding such an unintentional disclosure of
the identity or position of a claimant.
(C) Retention of reports
The Committee making a redaction in accordance with this paragraph shall retain a copy of
the report, without a redaction.
(6) Final disposition described
In this subsection, the "final disposition" of a claim means any of the following:
(A) An order or agreement to pay an award or settlement, including an agreement reached
pursuant to mediation under section 1403 of this title.
(B) A final decision of a hearing officer under section 1405(g) of this title that is no longer
subject to review by the Board under section 1406 of this title.
(C) A final decision of the Board under section 1406(e) of this title that is no longer subject
to appeal to the United States Court of Appeals for the Federal Circuit under section 1407 of
this title.
(D) A final decision in a civil action under section 1408 of this title that is no longer subject
to appeal.
(7) Senior staff defined
In this subsection, the term "senior staff" means any individual who, at the time a violation
occurred, was required to file a report under title I of the Ethics in Government Act of 1978 (5
U.S.C. App. 101 et seq.).1
(e) Final decisions
A final decision entered under section 1405(g) or 1406(e) of this title shall be made public if it is
in favor of the complaining covered employee, or in favor of the charging party under section 1331
of this title, or if the decision reverses a decision of a hearing officer which had been in favor of the
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covered employee or charging party. The Board may make public any other decision at its discretion.
(f) Claims
Nothing in this section may be construed to prohibit a covered employee from disclosing the
factual allegations underlying the covered employee's claim, or to prohibit an employing office from
disclosing the factual allegations underlying the employing office's defense to the claim, in the
course of any proceeding under this subchapter.
(Pub. L. 104–1, title IV, §416, Jan. 23, 1995, 109 Stat. 38; Pub. L. 114–6, §2(c), Mar. 20, 2015, 129
Stat. 81; Pub. L. 115–397, title I, §§112, 114, Dec. 21, 2018, 132 Stat. 5311, 5313.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsec. (d)(2), was in the original "this Act", meaning Pub. L. 104–1, Jan. 23,
1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1301 of this title and Tables.
The Ethics in Government Act of 1978, referred to in subsec. (d)(7), is Pub. L. 95–521, Oct. 26, 1978, 92
Stat. 1824. Title I of the Act was set out in the Appendix to Title 5, Government Organization and Employees,
and was substantially repealed and restated in subchapter I (§13101 et seq.) of chapter 131 of Title 5 by Pub.
L. 117–286, §§3(c), 7, Dec. 27, 2022, 136 Stat. 4266, 4361. For complete classification of this Act to the
Code, see Tables. For disposition of sections of title I of the Act into subchapter I of chapter 131 of Title 5,
see Disposition Table preceding section 101 of Title 5.
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–397, §114(b)(1), (2), redesignated subsec. (b) as (a) and struck out former
subsec. (a). Prior to amendment, text of subsec. (a) read as follows: "All counseling shall be strictly
confidential, except that the Office and a covered employee may agree to notify the employing office of the
allegations."
Subsec. (b). Pub. L. 115–397, §114(b)(2), (3), redesignated subsec. (c) as (b) and substituted "subsections
(c), (d), and (e)" for "subsections (d), (e), and (f)". Former subsec. (b) redesignated (a).
Pub. L. 115–397, §114(a), substituted "All information discussed or disclosed in the course of any
mediation" for "All mediation".
Subsecs. (c), (d). Pub. L. 115–397, §114(b)(2), redesignated subsecs. (d) and (e) as (c) and (d), respectively.
Former subsec. (c) redesignated (b).
Subsec. (e). Pub. L. 115–397, §114(b)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated
(d).
Pub. L. 115–397, §112, amended subsec. (e) generally, substituting provisions relating to automatic referral
to congressional ethics committee of dispositions of claims involving Members of Congress and senior staff
for provisions relating to access by committees of Congress.
Subsec. (f). Pub. L. 115–397, §114(b)(4), added subsec. (f). Former subsec. (f) redesignated (e).
2015—Subsec. (b). Pub. L. 114–6, §2(c)(1), inserted before period at end ", and the Executive Director
shall notify each person participating in the mediation of the confidentiality requirement and of the sanctions
applicable to any person who violates the confidentiality requirement".
Subsec. (c). Pub. L. 114–6, §2(c)(2), inserted at end "The Executive Director shall notify each person
participating in a proceeding or deliberation to which this subsection applies of the requirements of this
subsection and of the sanctions applicable to any person who violates the requirements of this subsection."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21,
2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note
under section 1301 of this title.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–6 applicable with respect to mediations and other proceedings first initiated
after Mar. 20, 2015, see section 2(d) of Pub. L. 114–6, set out as a note under section 1403 of this title.
[Release Point 118-70]
See References in Text note below.
1 | §1416. Confidentiality | 2024-07-12T00:00:00 | 3dacf993ae0e265cb7c3cc14f557ef01eacbf4d4708e0373c0d726f16abf034e |