US Congress
2016 US Code 1851 - 1926 75:
2 Congress
 
1 About Me 8
2 Education
3 Philosophy
4 Politics
5 News
6 Travel
7 Sports
8 Funding
Page Data
Body Pages 1,096.7 Time 0
Chapters 0
Pages per chapter 0
2 - 1  ELECTION OF SENATORS AND REPRESENTATIVES §§ 1 to 9
1 - 1 - 1 Time for election of Senators
At the regular election held in any State next preceding the expiration of the term for which any Senator was elected to represent such State in Congress, at which election a Representative to Congress is regularly by law to be chosen, a United States Senator from said State shall be elected by the people thereof for the term commencing on the 3d day of January next thereafter.
June 4, 1914,June 5, 1934,
1 - 1 - 2  Election to be certified by governor
It shall be the duty of the executive of the State from which any Senator has been chosen to certify his election, under the seal of the State, to the President of the Senate of the United States.
1 - 1 - 3 Countersignature of certificate of election
The certificate mentioned in section 1a of this title shall be countersigned by the secretary of state of the State.
1 - 1 - 4  Omitted
1 - 1 - 5  Reapportionment of Representatives; time and manner; existing decennial census figures as basis; statement by President; duty of clerk
a
On the first day, or within one week thereafter, of the first regular session of the Eighty-second Congress and of each fifth Congress thereafter, the President shall transmit to the Congress a statement showing the whole number of persons in each State, excluding Indians not taxed, as ascertained under the seventeenth and each subsequent decennial census of the population, and the number of Representatives to which each State would be entitled under an apportionment of the then existing number of Representatives by the method known as the method of equal proportions, no State to receive less than one Member.
b
Each State shall be entitled, in the Eighty-third Congress and in each Congress thereafter until the taking effect of a reapportionment under this section or subsequent statute, to the number of Representatives shown in the statement required by subsection a of this section, no State to receive less than one Member. It shall be the duty of the Clerk of the House of Representatives, within fifteen calendar days after the receipt of such statement, to send to the executive of each State a certificate of the number of Representatives to which such State is entitled under this section. In case of a vacancy in the office of Clerk, or of his absence or inability to discharge this duty, then such duty shall devolve upon the Sergeant at Arms of the House of Representatives.
c
Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is entitled under such apportionment shall be elected in the following manner: 1 If there is no change in the number of Representatives, they shall be elected from the districts then prescribed by the law of such State, and if any of them are elected from the State at large they shall continue to be so elected; 2 if there is an increase in the number of Representatives, such additional Representative or Representatives shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; 3 if there is a decrease in the number of Representatives but the number of districts in such State is equal to such decreased number of Representatives, they shall be elected from the districts then prescribed by the law of such State; 4 if there is a decrease in the number of Representatives but the number of districts in such State is less than such number of Representatives, the number of Representatives by which such number of districts is exceeded shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; or 5 if there is a decrease in the number of Representatives and the number of districts in such State exceeds such decreased number of Representatives, they shall be elected from the State at large.
June 18, 1929, Apr. 25, 1940, Nov. 15, 1941, Aug. 20, 1996,
1 - 1 - 6 Number of Representatives from each State in 78th and subsequent Congresses
Each State shall be entitled, in the Seventy-eighth and in each Congress thereafter until the taking effect of a reapportionment under a subsequent statute or section 2a of this title, to the number of Representatives shown in the statement transmitted to the Congress on January 8, 1941, based upon the method known as the method of equal proportions, no State to receive less than one Member.
Nov. 15, 1941
1 - 1 - 7 Number of Congressional Districts; number of Representatives from each District
In each State entitled in the Ninety-first Congress or in any subsequent Congress thereafter to more than one Representative under an apportionment made pursuant to the provisions of section 2aa of this title, there shall be established by law a number of districts equal to the number of Representatives to which such State is so entitled, and Representatives shall be elected only from districts so established, no district to elect more than one Representative except that a State which is entitled to more than one Representative and which has in all previous elections elected its Representatives at Large may elect its Representatives at Large to the Ninety-first Congress.
Dec. 14, 1967
1 - 1 - 8  Omitted
1 - 1 - 9 Nominations for Representatives at large
Candidates for Representative or Representatives to be elected at large in any State shall be nominated in the same manner as candidates for governor, unless otherwise provided by the laws of such State.
Aug. 8, 1911
1 - 1 - 10  Reduction of representation
Should any State deny or abridge the right of any of the male inhabitants thereof, being twenty-one years of age, and citizens of the United States, to vote at any election named in the amendment to the Constitution, article 14, section 2, except for participation in the rebellion or other crime, the number of Representatives apportioned to such State shall be reduced in the proportion which the number of such male citizens shall have to the whole number of male citizens twenty-one years of age in such State.
 
1 - 1 - 11  Time of election
The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.
Mar. 3, 1875, June 5, 1934
1 - 1 - 12  Vacancies
aIn general
Except as provided in subsection b, the time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such vacancy is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories respectively.
bSpecial rules in extraordinary circumstances
1In general
In extraordinary circumstances, the executive authority of any State in which a vacancy exists in its representation in the House of Representatives shall issue a writ of election to fill such vacancy by special election.
2Timing of special electionA special election held under this subsection to fill a vacancy shall take place not later than 49 days after the Speaker of the House of Representatives announces that the vacancy exists, unless, during the 75-day period which begins on the date of the announcement of the vacancy—
A
a regularly scheduled general election for the office involved is to be held; or
B
another special election for the office involved is to be held, pursuant to a writ for a special election issued by the chief executive of the State prior to the date of the announcement of the vacancy.
3Nominations by partiesIf a special election is to be held under this subsection, the determination of the candidates who will run in such election shall be made—
A
by nominations made not later than 10 days after the Speaker announces that the vacancy exists by the political parties of the State that are authorized by State law to nominate candidates for the election; or
B
by any other method the State considers appropriate, including holding primary elections, that will ensure that the State will hold the special election within the deadline required under paragraph 2.
4Extraordinary circumstances
AIn general
In this subsection, “extraordinary circumstances” occur when the Speaker of the House of Representatives announces that vacancies in the representation from the States in the House exceed 100.
BJudicial reviewIf any action is brought for declaratory or injunctive relief to challenge an announcement made under subparagraph A, the following rules shall apply:
i
Not later than 2 days after the announcement, the action shall be filed in the United States District Court having jurisdiction in the district of the Member of the House of Representatives whose seat has been announced to be vacant and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28.
ii
A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives.
iii
A final decision in the action shall be made within 3 days of the filing of such action and shall not be reviewable.
iv
The executive authority of the State that contains the district of the Member of the House of Representatives whose seat has been announced to be vacant shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the announcement of such vacancy.
5Protecting ability of absent military and overseas voters to participate in special elections
ADeadline for transmittal of absentee ballots
In conducting a special election held under this subsection to fill a vacancy in its representation, the State shall ensure to the greatest extent practicable including through the use of electronic means that absentee ballots for the election are transmitted to absent uniformed services voters and overseas voters as such terms are defined in the Uniformed and Overseas Citizens Absentee Voting Act [52 U.S.C. 20301 et seq.] not later than 15 days after the Speaker of the House of Representatives announces that the vacancy exists.
BPeriod for ballot transit time
Notwithstanding the deadlines referred to in paragraphs 2 and 3, in the case of an individual who is an absent uniformed services voter or an overseas voter as such terms are defined in the Uniformed and Overseas Citizens Absentee Voting Act, a State shall accept and process any otherwise valid ballot or other election material from the voter so long as the ballot or other material is received by the appropriate State election official not later than 45 days after the State transmits the ballot or other material to the voter.
6Application to District of Columbia and territoriesThis subsection shall apply—
A
to a Delegate or Resident Commissioner to the Congress in the same manner as it applies to a Member of the House of Representatives; and
B
to the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands in the same manner as it applies to a State, except that a vacancy in the representation from any such jurisdiction in the House shall not be taken into account by the Speaker in determining whether vacancies in the representation from the States in the House exceed 100 for purposes of paragraph 4A.
7Rule of construction regarding Federal election lawsNothing in this subsection may be construed to affect the application to special elections under this subsection of any Federal law governing the administration of elections for Federal office including any law providing for the enforcement of any such law, including, but not limited to, the following:
A
The Voting Rights Act of 1965 42 U.S.C. 1973 et seq. [now 52 U.S.C. 10301 et seq.], as amended.
B
The Voting Accessibility for the Elderly and Handicapped Act 42 U.S.C. 1973ee et seq. [now 52 U.S.C. 20101 et seq.], as amended.
C
The Uniformed and Overseas Citizens Absentee Voting Act 42 U.S.C. 1973ff et seq. [now 52 U.S.C. 20301 et seq.], as amended.
D
The National Voter Registration Act of 1993 42 U.S.C. 1973gg et seq. [now 52 U.S.C. 20501 et seq.], as amended.
E
The Americans With Disabilities Act of 1990 42 U.S.C. 12101 et seq., as amended.
F
The Rehabilitation Act of 1973 29 U.S.C. 701 et seq., as amended.
G
The Help America Vote Act of 2002 42 U.S.C. 15301 et seq. [now 52 U.S.C. 20901 et seq.], as amended.
Aug. 2, 2005
1 - 1 - 13 Voting for Representatives
All votes for Representatives in Congress must be by written or printed ballot, or voting machine the use of which has been duly authorized by the State law; and all votes received or recorded contrary to this section shall be of no effect.
Feb. 14, 1899
 
2 - 2 ORGANIZATION OF CONGRESS
1 - 1 - 1 Oath of Senators
The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat.
1 - 1 - 2  Oath of President of Senate
When a President of the Senate has not taken the oath of office, it shall be administered to him by any Member of the Senate.

1 - 1 - 3  Presiding officer of Senate may administer oaths
The presiding officer, for the time being, of the Senate of the United States, shall have power to administer all oaths and affirmations that are or may be required by the Constitution, or by law, to be taken by any Senator, officer of the Senate, witness, or other person, in respect to any matter within the jurisdiction of the Senate.
Apr. 18, 1876
1 - 1 - 4 Secretary of Senate or assistant secretary may administer oaths
The Secretary of the Senate, and the assistant secretary thereof, shall, respectively, have power to administer any oath or affirmation required by law, or by the rules or orders of the Senate, to be taken by any officer of the Senate, and to any witness produced before it.
Apr. 18, 1876, July 9, 1971,
1 - 1 - 5 Oath of Speaker, Members, and Delegates
At the first session of Congress after every general election of Representatives, the oath of office shall be administered by any Member of the House of Representatives to the Speaker; and by the Speaker to all the Members and Delegates present, and to the Clerk, previous to entering on any other business; and to the Members and Delegates who afterward appear, previous to their taking their seats. The Clerk of the House of Representatives of the Eightieth and each succeeding Congress shall cause the oath of office to be printed, furnishing two copies to each Member and Delegate who has taken the oath of office in accordance with law, which shall be subscribed in person by the Member or Delegate, who shall thereupon deliver them to the Clerk, one to be filed in the records of the House of Representatives, and the other to be recorded in the Journal of the House and in the Congressional Record; and such signed copies, or certified copies thereof, or of either of such records thereof, shall be admissible in evidence in any court of the United States, and shall be held conclusive proof of the fact that the signer duly took the oath of office in accordance with law.
Feb. 18, 1948,
1 - 1 - 6 Delegate to House of Representatives from District of Columbia
a
The people of the District of Columbia shall be represented in the House of Representatives by a Delegate, to be known as the “Delegate to the House of Representatives from the District of Columbia”, who shall be elected by the voters of the District of Columbia in accordance with the District of Columbia Election Act. The Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting, shall have all the privileges granted a Representative by section 6 of Article I of the Constitution, and shall be subject to the same restrictions and regulations as are imposed by law or rules on Representatives. The Delegate shall be elected to serve during each Congress.
bNo individual may hold the office of Delegate to the House of Representatives from the District of Columbia unless on the date of his election—
1
he is a qualified elector as that term is defined in section 22 of the District of Columbia Election Act of the District of Columbia;
2
he is at least twenty-five years of age;
3
he holds no other paid public office; and
4
he has resided in the District of Columbia continuously since the beginning of the three-year period ending on such date.
He shall forfeit his office upon failure to maintain the qualifications required by this subsection.
Sept. 22, 1970
1 - 1 - 7 Repealed. Pub. L. 104–186, title II, § 2021, Aug. 20, 1996, 110 Stat. 1724
1 - 1 - 8 Roll of Representatives-elect
Before the first meeting of each Congress the Clerk of the next preceding House of Representatives shall make a roll of the Representatives-elect, and place thereon the names of those persons, and of such persons only, whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States. In case of a vacancy in the office of Clerk of the House of Representatives, or of the absence or inability of the Clerk to discharge the duties imposed on him by law or custom relative to the preparation of the roll of Representatives or the organization of the House, those duties shall devolve on the Sergeant at Arms of the next preceding House of Representatives.
Aug. 20, 1996
1 - 1 - 9  Change of place of meeting
Whenever Congress is about to convene, and from the prevalence of contagious sickness, or the existence of other circumstances, it would, in the opinion of the President, be hazardous to the lives or health of the members to meet at the seat of Government, the President is authorized, by proclamation, to convene Congress at such other place as he may judge proper.
 
1 - 1 - 10 Parliamentary precedents of House of Representatives
aPeriodic compilation; other useful materials; index digest; date of completion
The Parliamentarian of the House of Representatives, at the beginning of the fifth fiscal year following the completion and publication of the parliamentary precedents of the House authorized by the Legislative Branch Appropriation Act, 1966 79 Stat. 270Public Law 89–90, and at the beginning of each fifth fiscal year thereafter, shall commence the compilation and preparation for printing of the parliamentary precedents of the House of Representatives, together with such other materials as may be useful in connection therewith, and an index digest of such precedents and other materials. Each such compilation and preparation for printing of the parliamentary precedents of the House shall be completed by the close of the fiscal year immediately following the fiscal year in which such work is commenced.
bForm, number, and distribution of compilation
As so compiled and prepared, such precedents and other materials and index digest shall be printed on pages of such size, and in such type and format, as the Parliamentarian may determine and shall be printed in such numbers and for such distribution as may be provided by law enacted prior to printing.
cAppointment and compensation of personnel; utilization of services of personnel of Federal agenciesFor the purpose of carrying out each such compilation and preparation, the Parliamentarian may—
1
subject to the approval of the Speaker, appoint as employees of the House of Representatives clerical and other personnel and fix their respective rates of pay; and
2
utilize the services of personnel of the Library of Congress and the Government Publishing Office.
Oct. 26, 1970, Dec. 16, 2014
1 - 1 - 11 Compilation of the Precedents of House of Representatives; date of completion; biennial update; printing and availability of copies
The Speaker is authorized and directed to complete the Compilation of the Precedents of the House of Representatives by January 1, 1977, and prepare an updated compilation of such precedents every two years thereafter. Copies of the Compilation of Precedents shall be printed in sufficient quantity to be available to every Member and the standing committees of the House of Representatives.
Dec. 27, 1974
1 - 1 - 12  Printing and binding as public document of Precedents of House of Representatives; number of sets authorized
a
There shall be printed and bound as a public document two thousand sets of the Prec­edents of the House of Representatives compiled and prepared by Lewis Deschler hereinafter in sections 28b to 28e of this title referred to as the “Precedents” in accordance with the provisions of the Legislative Branch Appropriation Act, 1966 Public Law 89–9079 Stat. 265.
b
The number of sets authorized to be printed and bound by or pursuant to sections 28b to 28e of this title shall be in lieu of the usual number of copies for binding and distribution required by section 701 of title 44.
 Oct. 18, 1976
1 - 1 - 13  Distribution of Precedents by Director of the Government Publishing Office
aDelivery to Members of Ninety-fifth Congress; marking of volumes
The Director of the Government Publishing Office shall deliver one set of the Precedents to each Senator or Representative in, or Delegate or Resident Commissioner to, the Ninety-fifth Congress. The name of the Member to whom the set is delivered shall be legibly stamped on the front cover of each volume of the set.
bMembers of Congress following Ninety-fifth Congress not already having sets of Precedents; necessity of written request to Superintendent of Documents for set
Each Senator or Representative in, or Delegate or Resident Commissioner to, each Congress following the Ninety-fifth Congress who has not theretofore received a set of the Precedents shall be entitled to receive one set of the Precedents, upon transmitting a written request for such set to the Superintendent of Documents.
cAdditional distribution of setsThe Director of the Government Publishing Office shall make the following distribution of sets of the Precedents:
1
to the office of the Vice President, to the office of the speaker of the House of Representatives, and to the office of the President pro tempore of the Senate, each, five sets;
2
to the office of the majority leader of the House of Representatives and to the office of the minority leader of the House of Representatives, each, three sets;
3
to the Parliamentarian of the House of Representatives, sixty sets;
4
to the Parliamentarian of the Senate, five sets;
5
to the Clerk of the House of Representatives and to the Sergeant at Arms of the House of Representatives, each [1] two sets;
6
to the Secretary of the Senate and to the Sergeant at Arms of the Senate, each, two sets;
7
to the superintendent of the House document room, two sets;
8
to the superintendent of the Senate document room, two sets;
9
to the Library of Congress, for international exchange and for official use in Washington, District of Columbia, one hundred and fifty sets;
10
to the National Archives, three sets;
11
to the government of the District of Columbia, twelve sets;
12
to the Smithsonian Institute, two sets;
13
to the library of each legislative branch of each State, territory, and possession of the United States, one set; and
14
to the Superintendent of Documents, eight hundred and sixteen sets for distribution to the depository library system.

Oct. 18, 1976Aug. 20, 1996, Dec. 16, 2014,
1 - 1 - 14 Distribution of Precedents by Director of the Government Publishing Office for official use; particular distribution; marking and ownership of sets
aThe Director of the Government Publishing Office shall make the following distribution of sets of the Precedents;
1
to each standing or joint committee of the Congress which is in existence on October 18, 1976, or which is established after October 18, 1976, four sets;
2
to the office of the Legislative Counsel of the House of Representatives, five sets;
3
to the office of the Legislative Counsel of the Senate, five sets;
4
to the library of the House of Representatives, four sets;
5
to the library of the Senate, two sets;
6
to the library of the Supreme Court of the United States, nine sets;
7
to the office of the Official Reporter of Debates of the House of Representatives, three sets; and
8
to the office of the Official Reporter of Debates of the Senate, three sets.
b
Each set of Precedents distributed by the Director of the Government Publishing Office under subsection a of this section shall be for official use. Each such set shall be legibly stamped on the front cover “Property of the United States Government.” Each such set, upon delivery, shall become and remain the property of the United States, and may not be removed from the building in which is located the designated library or office, as the case may be.
Oct. 18, 1976Dec. 16, 2014
1 - 1 - 15 Distribution of Precedents by Joint Committee on Printing of surplus sets;  additional printing, etc., of sets under authority of Joint Committee
a
Any set of the Precedents printed and bound pursuant to subsection a of section 28b of this title, not needed to carry out the distributions required by sections 28b to 28e of this title, shall be distributed under the direction of the Joint Committee on Printing.
b
The Joint Committee on Printing may from time to time authorize and direct that additional sets of the Precedents, be printed, bound, and distributed in such manner as the Joint Committee determines will best carry out the purposes of sections 28b to 28e of this title.
Oct. 18, 1976,
1 - 1 - 16  Condensed and simplified versions of House precedents; other useful materials in summary form; form and distribution to Members of Congress, Resident Commissioner from Puerto Rico, and others; appointment and compensation of personnel; utilization of services of personnel of Federal agencies
The Parliamentarian of the House of Representatives shall prepare, compile, and maintain on a current basis and in cumulative form, for each Congress commencing with the Ninety-third Congress a condensed and, insofar as practicable, up-to-date version of all of the parliamentary precedents of the House of Representatives which have current use and application in the House, together with informative text prepared by the Parliamentarian and other useful related material in summary form. The Parliamentarian shall have such matter printed for each Congress on pages of such size and in such type and format as he considers advisable to promote the usefulness of such matter to the Members of the House and shall provide a printed copy thereof to each Member in each Congress, including the Resident Commissioner from Puerto Rico, and may make such other distribution of such printed copies as he considers advisable. In carrying out this section, the Parliamentarian may appoint and fix the pay of personnel and utilize the services of personnel of the Library of Congress and the Government Publishing Office.
Oct. 26, 1970,  Dec. 16, 2014
1 - 1 - 17  Early organization of House of Representatives
aCaucus or conference for incumbent Members reelected to and Members-elect of ensuing Congress; time and procedure for calling
1
The majority leader or minority leader of the House of Representatives after consultation with the Speaker may at any time during any even-numbered year call a caucus or conference of all incumbent Members of his or her political party who have been reelected to the ensuing Congress and all other Members-elect of such party, for the purpose of taking all steps necessary to achieve the prompt organization of the Members and Members-elect of such party for the ensuing Congress.
2
If the majority leader or minority leader calls an organizational caucus or conference under paragraph 1, he or she shall file with the Clerk of the House a written notice designating the date upon which the caucus or conference is to convene. As soon as possible after the election of Members to the ensuing Congress, the Clerk shall furnish each Member-elect of the party involved with appropriate written notification of the caucus or conference.
3
If a vacancy occurs in the office of majority leader or minority leader during any even-numbered year and has not been filled, the chairman of the caucus or conference of the party involved for the current Congress may call an organizational caucus or conference under paragraph 1 by filing written notice thereof as provided by paragraph 2.
bPayment and reimbursement for travel and per diem expenses for Members attending caucus or conference; exceptions; regulations governing payments and reimbursements; reimbursement vouchers
1
A
Each Member-elect other than an incumbent Member reelected to the ensuing Congress who attends a caucus or conference called under subsection a, and each incumbent Member reelected to the ensuing Congress who attends any such caucus or conference convening after the adjournment sine die of the Congress in the year involved, shall be paid for one round trip between his or her place of residence in the district which he or she represents and Washington, District of Columbia, for the purpose of attending such caucus or conference. Payment shall be made through the issuance of a transportation request form to each such Member-elect or incumbent Member by the Finance Office of the House before such caucus or conference.
B
Each Member-elect other than an incumbent Member reelected to the ensuing Congress who attends a caucus or conference called under subsection a shall in addition be reimbursed on a per diem or other basis for expenses incurred in connection with his or her attendance at such caucus or conference.
2
Payments and reimbursements to Members-elect under paragraph 1 shall be made as provided with respect to Members in the regulations prescribed by the Committee on House Oversight with respect to travel and other expenses of committees and Members. Reimbursements shall be paid on special voucher forms prescribed by the Committee on House Oversight.
cAvailability of applicable accounts of House
The applicable accounts of the House of Representatives are made available to carry out the purposes of this section.
dOrientation programs for new Members
With the approval of the majority leader in the case of a Member or Member-elect of the majority party or the minority leader in the case of a Member or Member-elect of the minority party, subsections b and c shall apply with respect to the attendance of a Member or Member-elect at a program conducted by the Committee on House Administration for the orientation of new members[1] in the same manner as such provisions apply to the attendance of the Member or Member-elect at the organizational caucus or conference.
Dec. 27, 1974Aug. 20, 1996Dec. 8, 2004
1 - 1 - 18 Omitted
1 - 1 - 19 Transferred
1 - 1 - 20 Term of service of Members of Congress as trustees or directors of corporations or institutions appropriated for
In all cases where Members of Congress or Senators are appointed to represent Congress on any board of trustees or board of directors of any corporation or institution to which Congress makes any appropriation, the term of said Members or Senators, as such trustee or director, shall continue until the expiration of two months after the first meeting of the Congress chosen next after their appointment.
Mar. 3, 1893,
1 - 1 - 21 Jury duty exemption of elected officials of legislative branch
aIn generalThe Majority and Minority Leaders of the Senate or their designees shall recognize a notice of intent of a Senator who is a member of their caucus to object to proceeding to a measure or matter only if the Senator—
1
following the objection to a unanimous consent to proceeding to, and, or passage of, a measure or matter on their behalf, submits the notice of intent in writing to the appropriate leader or their designee; and
2
not later than 6 session days after the submission under paragraph 1, submits for inclusion in the Congressional Record and in the applicable calendar section described in subsection b the following notice: “I, Senator ____, intend to object to proceedings to ____, dated ____ for the following reasons ____.”.
bCalendar
1In general
The Secretary of the Senate shall establish for both the Senate Calendar of Business and the Senate Executive Calendar a separate section entitled “Notice of Intent to Object to Proceeding”.
2ContentThe section required by paragraph 1 shall include—
A
the name of each Senator filing a notice under subsection a2;
B
the measure or matter covered by the calendar that the Senator objects to; and
C
the date the objection was filed.
3Notice
A Senator who has notified their respective leader and who has withdrawn their objection within the 6 session day period is not required to submit a notification under subsection a2.
cRemoval
A Senator may have an item with respect to the Senator removed from a calendar to which it was added under subsection b by submitting for inclusion in the Congressional Record the following notice: “I, Senator ____, do not object to proceed to ____, dated ____.”.
Sept. 14, 2007
1 - 1 - 22  Notice of objecting to proceeding
aIn generalThe Majority and Minority Leaders of the Senate or their designees shall recognize a notice of intent of a Senator who is a member of their caucus to object to proceeding to a measure or matter only if the Senator—
1
following the objection to a unanimous consent to proceeding to, and, or passage of, a measure or matter on their behalf, submits the notice of intent in writing to the appropriate leader or their designee; and
2
not later than 6 session days after the submission under paragraph 1, submits for inclusion in the Congressional Record and in the applicable calendar section described in subsection b the following notice: “I, Senator ____, intend to object to proceedings to ____, dated ____ for the following reasons ____.”.
bCalendar
1In general
The Secretary of the Senate shall establish for both the Senate Calendar of Business and the Senate Executive Calendar a separate section entitled “Notice of Intent to Object to Proceeding”.
2ContentThe section required by paragraph 1 shall include—
A
the name of each Senator filing a notice under subsection a2;
B
the measure or matter covered by the calendar that the Senator objects to; and
C
the date the objection was filed.
3Notice
A Senator who has notified their respective leader and who has withdrawn their objection within the 6 session day period is not required to submit a notification under subsection a2.
cRemoval
A Senator may have an item with respect to the Senator removed from a calendar to which it was added under subsection b by submitting for inclusion in the Congressional Record the following notice: “I, Senator ____, do not object to proceed to ____, dated ____.”.
Sept. 14, 2007
 
2 - 3 COMPENSATION AND ALLOWANCES OF MEMBERS §§ 31 to 59h
Transferred, Repealed, Omitted
 
 
2 - 4  OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF REPRESENTATIVES §§ 60 to 130l
Transferred, Repealed, Omitted
 
 
2 - 5  LIBRARY OF CONGRESS §§ 131 to 185
1 - 1 - 1 Collections composing Library; location
The Library of Congress, composed of the books, maps, and other publications which on December 1, 1873, remained in existence, from the collections theretofore united under authority of law and those added from time to time by purchase, exchange, donation, reservation from publications ordered by Congress, acquisition of material under the copyright law, and otherwise, shall be preserved in the Library Building.
Feb. 19, 1897,  Oct. 19, 1976, Dec. 22, 1987
1 - 1 - 2 Departments of Library
The Library of Congress shall be arranged in two departments, a general library and a law library
1 - 1 - 3 Appropriations for increase of general library
The unexpended balance of any sums appropriated by Congress for the increase of the general library, together with such sums as may hereafter be appropriated to the same purpose, shall be laid out under the direction of the Joint Committee of Congress on the Library.
Feb. 7, 1902, Aug. 2, 1946,
1 - 1 - 4 Obligations for reimbursable and revolving fund activities; limitation
Effective for fiscal years beginning with fiscal year 1995, obligations for any reimbursable and revolving fund activities performed by the Library of Congress are limited to the total amounts provided 1 in the annual regular appropriations Act making appropriations for the legislative branch, or 2 in a supplemental appropriations Act that makes appropriations for the legislative branch.
Aug. 11, 1993,
1 - 1 - 5  Furniture, furnishings, and office and library equipment; transfer of funds
aTransfer of funds
In addition to any other transfer authority provided by law, during fiscal year 2001 and fiscal years thereafter, the Librarian of Congress may transfer to and among available accounts of the Library of Congress amounts appropriated to the Librarian from funds for the purchase, installation, maintenance, and repair of furniture, furnishings, and office and library equipment.
bAvailability of funds
Any amounts transferred pursuant to subsection a shall be merged with and be available for the same purpose and for the same period as the appropriation or account to which such amounts are transferred.
cApproval of Congress
The Librarian may transfer amounts pursuant to subsection a only with the approval of the Committees on Appropriations of the House of Representatives and Senate.
Dec. 21, 2000
1 - 1 - 6  Authority to transfer amounts between categories of appropriations
aIn general
During fiscal year 2014 and any succeeding fiscal year, the Librarian of Congress may transfer amounts appropriated for the fiscal year between the categories of appropriations provided under law for the Library of Congress for the fiscal year, upon the approval of the Committees on Appropriations of the House of Representatives and Senate.
bLimitation
Not more than 10 percent of the total amount of funds appropriated to the account under any category of appropriations for the Library of Congress for a fiscal year may be transferred from that account by all transfers made under subsection a.
Jan. 17, 2014,
1 - 1 - 7 Joint Committee on the Library
The Joint Committee of Congress on the Library shall, on and after January 3, 1947, consist of the chairman and four members of the Committee on Rules and Administration of the Senate and the chairman and four members of the Committee on House Oversight of the House of Representatives.
ch. 753, title II, § 223, 60 Stat. 838Pub. L. 104–186, title II, § 205, 110 Stat. 1742.
Aug. 2, 1946, Aug. 20, 1996
1 - 1 - 8  Joint Committee during recess of Congress
The portion of the Joint Committee of Congress on the Library on the part of the Senate remaining in office as Senators shall during the recess of Congress exercise the powers and discharge the duties conferred by law upon the Joint Committee of Congress on the Library.
Mar. 3, 1883, Aug. 2, 1946,
1 - 1 - 9  Incidental expenses of law library
The incidental expenses of the law library shall be paid out of the appropriations for the Library of Congress.
1 - 1 - 10 Purchase of books for law library
The Librarian shall make the purchases of books for the law library, under the direction of and pursuant to the catalogue furnished him by the Chief Justice of the Supreme Court.
1 - 1 - 11 Books and sound-reproduction records for blind and other physically handicapped residents; annual appropriations; purchases
There is authorized to be appropriated annually to the Library of Congress, in addition to appropriations otherwise made to said Library, such sums for expenditure under the direction of the Librarian of Congress as may be necessary to provide books published either in raised characters, on sound-reproduction recordings or in any other form, and for purchase, maintenance, and replacement of reproducers for any such forms, for the use of the blind and for other physically handicapped residents of the United States, including the several States, Territories, insular possessions, and the District of Columbia, all of which books, recordings, and reproducers will remain the property of the Library of Congress but will be loaned to blind and to other physically handicapped readers certified by competent authority as unable to read normal printed material as a result of physical limitations, under regulations prescribed by the Librarian of Congress for this service. In the purchase of books in either raised characters or in sound-reproduction recordings the Librarian of Congress, without reference to the provisions of section 6101 of title 41, shall give preference to nonprofit-making institutions or agencies whose activities are primarily concerned with the blind and with other physically handicapped persons, in all cases where the prices or bids submitted by such institutions or agencies are, by said Librarian, under all the circumstances and needs involved, determined to be fair and reasonable.
Mar. 3, 1931, Mar. 4, 1933, June 14, 1935, Apr. 23, 1937,June 7, 1939, June 6, 1940, Oct. 1, 1942, June 13, 1944, Aug. 8, 1946, July 3, 1952,  Sept. 7, 1957July 30, 1966July 29, 2016,
1 - 1 - 12  Library of musical scores, instructional texts, and other specialized materials for use of blind persons or other physically handicapped residents; authorization of appropriations
a
The Librarian of Congress shall establish and maintain a library of musical scores, instructional texts, and other specialized materials for the use of the blind and for other physically handicapped residents of the United States and its possessions in furthering their educational, vocational, and cultural opportunities in the field of music. Such scores, texts, and materials shall be made available on a loan basis under regulations developed by the Librarian or his designee in consultation with persons, organizations, and agencies engaged in work for the blind and for other physically handicapped persons.
b
There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this section.
Oct. 9, 1962,  July 30, 1966
1 - 1 - 13  Local and regional centers; preference to blind and other physically handicapped veterans; rules and regulations; authorization of appropriations
a
The Librarian of Congress may contract or otherwise arrange with such public or other nonprofit libraries, agencies, or organizations as he may deem appropriate to serve as local or regional centers for the circulation of 1 books, recordings, and reproducers referred to in section 135a of this title, and 2 musical scores, instructional texts, and other specialized materials referred to in section 135a–1 of this title, under such conditions and regulations as he may prescribe. In the lending of such books, recordings, reproducers, musical scores, instructional texts, and other specialized materials, preference shall at all times be given to the needs of the blind and of the other physically handicapped persons who have been honorably discharged from the Armed Forces of the United States.
b
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
Mar. 3, 1931, July 30, 1966,
1 - 1 - 14 Librarian of Congress; rules and regulations
The Librarian of Congress shall make rules and regulations for the government of the Library.
Feb. 19, 1897, June 6, 1972Nov. 5, 2015
1 - 1 - 15 Appointment and term of service of Librarian of Congress
aIn general
The President shall appoint the Librarian of Congress, by and with the advice and consent of the Senate.
bTerm of service
The Librarian of Congress shall be appointed for a term of 10 years.
cReappointment
An individual appointed to the position of Librarian of Congress, by and with the advice and consent of the Senate, may be reappointed to that position in accordance with subsections a and b.
dEffective date
This section shall apply with respect to appointments made on or after November 5, 2015.
Nov. 5, 2015
1 - 1 - 16 Librarian of Congress and Deputy Librarian of Congress; compensation
Notwithstanding any other provision of law—
1
the Librarian of Congress shall be compensated at an annual rate of pay which is equal to the annual rate of basic pay payable for positions at level II of the Executive Schedule under section 5313 of title 5; and
2
the Deputy Librarian of Congress shall be compensated at an annual rate of pay which is equal to the annual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314 of title 5.
 July 30, 1983,  Sept. 29, 1999,
1 - 1 - 17 Authorized additional expenses and services for which Library of Congress salary appropriations are available
From and after October 1, 1983, appropriations in this Act available to the Library of Congress for salaries shall be available for expenses of personnel security and suitability investigations of Library employees; special and temporary services including employees engaged by day or hour or in piecework; and services as authorized by section 3109 of title 5.
July 14, 1983,
1 - 1 - 18 Use and regulation of law library
The justices of the Supreme Court shall have free access to the law library; and they are authorized to make regulations, not inconsistent with law, for the use of the same during the sittings of the court. But such regulations shall not restrict any person authorized to take books from the Library from having access to the law library, or using the books therein in the same manner as he may be entitled to use the books of the general Library.
 
1 - 1 - 19 Withdrawal of books from Library of Congress
The chief judge and associate judges of the United States Court of Appeals for the District of Columbia and the chief judge and associate judges of the United States District Court for the District of Columbia are authorized to use and take books from the Library of Congress in the same manner and subject to the same regulations as justices of the Supreme Court of the United States.
Jan. 27, 1894,  June 7, 1934, June 25, 1936, June 25, 1948, May 24, 1949,
1 - 1 - 20 Law library; hours kept open
The law library shall be kept open every day so long as either House of Congress is in session.
July 11, 1888,
1 - 1 - 21 Employees; fitness
All persons employed in and about said Library of Congress under the Librarian shall be appointed solely with reference to their fitness for their particular duties.
Feb. 19, 1897, June 29, 1922,
1 - 1 - 22 Allocation of responsibilities for Library buildings and grounds
aArchitect of the Capitol
1In generalThe Architect of the Capitol shall have charge of all work at the Library of Congress buildings and grounds as defined in section 167j of this title that affects—
A
the structural integrity of the buildings;
B
buildings systems, including mechanical, electrical, plumbing, and elevators;
C
the architectural features of the buildings;
D
compliance with building and fire codes, laws, and regulations with respect to the specific responsibilities set for [1] under this paragraph;
E
the care and maintenance of Library grounds; and
F
purchase of all equipment necessary to fulfill the responsibilities set forth under this paragraph.
2Employees
The employees required for the performance of the duties under paragraph 1 shall be appointed by the Architect of the Capitol.
bLibrarian of Congress
The Librarian of Congress shall have charge of all work other than work under subsection a at the Library of Congress buildings and grounds.
cTransfer of funds
The Architect of the Capitol and the Librarian of Congress may enter into agreements with each other to perform work under this section, and, subject to the approval of the Committees on Appropriations of the House of Representatives and the Senate and the Joint Committee on the Library, may transfer between themselves appropriations or other available funds to pay the costs therefor.
June 29, 1922, June 12, 1970Nov. 5, 1990, Nov. 15, 1990Feb. 20, 2003
1 - 1 - 23  Design, installation, and maintenance of security systems; transfer of responsibility
The responsibility for design, installation, and maintenance of security systems to protect the physical security of the buildings and grounds of the Library of Congress is transferred from the Architect of the Capitol to the Capitol Police Board. Such design, installation, and maintenance shall be carried out under the direction of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate, and without regard to section 6101 of title 41. Any alteration to a structural, mechanical, or architectural feature of the buildings and grounds of the Library of Congress that is required for a security system under the preceding sentence may be carried out only with the approval of the Architect of the Capitol.
Oct. 21, 1998,
1 - 1 - 24 Collections, physical security, control, and preservation of order and decorum within the library
aEstablishment of regulations
The Librarian of Congress shall establish standards and regulations for the physical security, control, and preservation of the Library of Congress collections and property, and for the maintenance of suitable order and decorum within Library of Congress.
bTreatment of security systems
1Responsibility for security systemsIn accordance with the authority of the Capitol Police and the Librarian of Congress established under this Act, the amendments made by this Act, and the provisions of law referred to in paragraph 3, the Chief of the Capitol Police and the Librarian of Congress shall be responsible for the operation of security systems at the Library of Congress buildings and grounds described under section 167j of this title, in consultation and coordination with each other, subject to the following:
A
The Librarian of Congress shall be responsible for the design of security systems for the control and preservation of Library collections and property, subject to the review and approval of the Chief of the Capitol Police.
B
The Librarian of Congress shall be responsible for the operation of security systems at any building or facility of the Library of Congress which is located outside of the District of Columbia, subject to the review and approval of the Chief of the Capitol Police.
2Initial proposal for operation of systems
Not later than October 1, 2008, the Chief of the Capitol Police, in coordination with the Librarian of Congress, shall prepare and submit to the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate an initial proposal for carrying out this subsection.
3Provisions of lawThe provisions of law referred to in this paragraph are as follows:
 Dec. 26, 2007,  Jan. 7, 2008, Mar. 4, 2010
1 - 1 - 25 Office of administrative assistant and disbursing officer in Library of Congress abolished; transfer of duties to appointee of Librarian
From and after June 10, 1928, the office of administrative assistant and disbursing officer of the Library of Congress, created by section 142 of this title, is abolished and thereafter the duties required to be performed by the administrative assistant and disbursing officer shall be performed, under the direction of the Librarian of Congress, by such persons as the Librarian may appoint for those purposes.
May 11, 1928, June 6, 1972
1 - 1 - 26 Certifying officers of the Library of Congress; accountability; relief by Comptroller General
On and after June 13, 1957, each officer and employee of the Library of Congress, including the Copyright Office, who has been duly authorized in writing by the Librarian of Congress to certify vouchers for payment from appropriations and funds, shall 1 be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting papers and for the legality of the proposed payment under the appropriation or fund involved; 2 [Repealed]; 3 be held responsible and accountable for the correctness of the computations of certified vouchers; and 4 be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by him, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General of the United States may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds 1 that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained, the actual facts, or 2 that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment: Provided further, That the Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 3726 of title 31, whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deductions.
June 13, 1957,  June 6, 1972
1 - 1 - 27  Enforcement of liability of certifying officers of Library of Congress
The liability of these certifying officers or employees shall be enforced in the same manner and to the same extent as now provided by law with respect to enforcement of the liability of disbursing and other accountable officers; and they shall have the right to apply for and obtain a decision by the Comptroller General on any question of law involved in a payment on any vouchers presented to them for certification.
 June 13, 1957
1 - 1 - 28  Disbursing officer of the Library of Congress; disbursements in accordance with voucher; examination of vouchers; liability
The disbursing officer of the Library of Congress shall 1 disburse moneys of the Library of Congress only upon, and in strict accordance with, vouchers duly certified by the Librarian of Congress or by an officer or employee of the Library of Congress duly authorized in writing by the Librarian to certify such vouchers; 2 make such examination of vouchers as may be necessary to ascertain whether they are in proper form, and duly certified and approved; and 3 be held accountable accordingly: Provided, That the disbursing officer shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which, under section 142b of this title, is imposed upon a certifying officer or employee of the Library of Congress.
June 13, 1957,
1 - 1 - 29  Disbursing Officer of the Library of Congress; disbursements for Congressional Budget Office, accountability; financial management support to Congressional Budget Office under agreement of Librarian of Congress and Director of Congressional Budget Office; Congressional Budget Office certifying officers: voucher certifications, accountability, relief by Comptroller General
The disbursing officer of the Library of Congress shall 1 disburse moneys of the Library of Congress only upon, and in strict accordance with, vouchers duly certified by the Librarian of Congress or by an officer or employee of the Library of Congress duly authorized in writing by the Librarian to certify such vouchers; 2 make such examination of vouchers as may be necessary to ascertain whether they are in proper form, and duly certified and approved; and 3 be held accountable accordingly: Provided, That the disbursing officer shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which, under section 142b of this title, is imposed upon a certifying officer or employee of the Library of Congress.
June 13, 1957
1 - 1 - 30 Office of Technology Assessment; disbursement of funds, computation and disbursement of basic pay, and provision of financial management support by Library of Congress
From and after October 1, 1981, the Disbursing Officer of the Library of Congress is authorized to disburse funds appropriated for the Office of Technology Assessment, and the Library of Congress shall provide financial management support to the Office of Technology Assessment as may be required and mutually agreed to by the Librarian of Congress and the Director of the Office of Technology Assessment. The Library of Congress is further authorized to compute and disburse the basic pay of all personnel of the Office of Technology Assessment pursuant to the provisions of section 5504 of title 5. All vouchers certified for payment by duly authorized certifying officers of the Library of Congress shall be supported with a certification by an officer or employee of the Office of Technology Assessment duly authorized in writing by the Director of the Office of Technology Assessment to certify payments from appropriations of the Office of Technology Assessment. The Office of Technology Assessment certifying officers shall 1 be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting paper and the legality of the proposed payment under the appropriation or fund involved, 2 be held responsible and accountable for the correctness of the computations of certifications made, and 3 be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by him, as well as for any payment prohibited by law which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General of the United States may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds 1 that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained the actual facts, or 2 that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment: Provided further, That the Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 3726 of title 31, whenever he finds that the overpayment occurred solely because of [1] the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deductions. The Disbursing Officer of the Library of Congress shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which is imposed upon a certifying officer or employee of the Office of Technology Assessment.
Oct. 1, 1981,
1 - 1 - 31 Copyright Royalty Tribunal; computation and disbursement of pay of Tribunal personnel by Library of Congress
From and after October 1, 1983, the Library of Congress is authorized to compute and disburse basic pay of all personnel of the Copyright Royalty Tribunal pursuant to the provisions of section 5504 of title 5.
July 14, 1983
1 - 1 - 32 Biomedical Ethics Board; disbursement of funds, computation and disbursement of basic pay, and provision of financial management services and support by Library of Congress
Effective October 1, 1988, and to continue thereafter, the Disbursing Officer of the Library of Congress is authorized to—
1
disburse funds appropriated for the Biomedical Ethics Board;
2
compute and disburse the basic pay for all personnel of the Biomedical Ethics Board; and
3
provide financial management services and support to the Biomedical Ethics Board,
in the same manner as provided with respect to the Office of Technology Assessment under section 142f of this title.
Nov. 21, 1989
1 - 1 - 33 United States Capitol Preservation Commission; provision of financial management services and support by Library of Congress
Effective June 15, 1989, the Library of Congress shall provide financial management services and support to the United States Capitol Preservation Commission as may be required and mutually agreed to by the Librarian of Congress and the Cochairmen of the United States Capitol Preservation Commission.
June 30, 1989,
1 - 1 - 34  John C. Stennis Center for Public Service Training and Development; disbursement of funds, computation and disbursement of basic pay, and provision of financial management services and support by Library of Congress; payment for services
From and after October 1, 1988, the Library of Congress is authorized to—
1
disburse funds appropriated for the John C. Stennis Center for Public Service Training and Development;
2
compute and disburse the basic pay for all personnel of the John C. Stennis Center for Public Service Training and Development;
3
provide financial management services and support to the John C. Stennis Center for Public Service Training and Development, in the same manner as provided with respect to the Office of Technology Assessment under section 142f of this title; and
4
collect from the funds appropriated for the John C. Stennis Center for Public Service Training and Development the full costs of providing the services specified in 1, 2, and 3 above, as provided under an agreement for services ordered under 31 U.S.C. 1535 and 1536.
Nov. 21, 1989
1 - 1 - 35 Library of Congress disbursing office; payroll processing functions
From and after October 1, 1989, the Librarian of Congress shall take appropriate action to assure that no legislative branch employee whose salary is disbursed by the Library of Congress disbursing office is adversely affected by alternative ways of performing the personnel/payroll processing function.
Nov. 21, 1989
1 - 1 - 36  Disbursing Officer of Library of Congress; disbursements for Office of Compliance; voucher certifications, accountability and relief by Comptroller General
From and after October 1, 1996, the Disbursing Officer of the Library of Congress is authorized to disburse funds appropriated for the Office of Compliance, and the Library of Congress shall provide financial management support to the Office of Compliance as may be required and mutually agreed to by the Librarian of Congress and the Executive Director of the Office of Compliance. The Library of Congress is further authorized to compute and disburse the basic pay of all personnel of the Office of Compliance pursuant to the provisions of section 5504 of title 5. All vouchers certified for payment by duly authorized certifying officers of the Library of Congress shall be supported with a certification by an officer or employee of the Office of Compliance duly authorized in writing by the Executive Director of the Office of Compliance to certify payments from appropriations of the Office of Compliance. The Office of Compliance certifying officers shall 1 be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting paper and the legality of the proposed payment under the appropriation or fund involved, 2 be held responsible and accountable for the correctness of the computations of certifications made, and 3 be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by them, as well as for any payment prohibited by law which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General of the United States may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds 1 that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained the actual facts, or 2 that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment: Provided further, That the Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 3726 of title 31, whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deductions. The Disbursing Officer of the Library of Congress shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which is imposed upon a certifying officer or employee of the Office of Compliance.
Sept. 16, 1996,
1 - 1 - 37 Appropriations for Library Building and Grounds
All appropriations made to the Architect of the Capitol on account of the Library Building and Grounds shall be disbursed for that purpose in the same manner as other appropriations under his control.
June 29, 1922,
1 - 1 - 38  Disbursement of funds
From and after October 1, 1978, funds available to the Library of Congress may be expended to reimburse the Department of State for medical services rendered to employees of the Library of Congress stationed abroad and for contracting on behalf of and hiring alien employees for the Library of Congress under compensation plans comparable to those authorized by section 444 of the Foreign Service Act of 1946, as amended 22 U.S.C. 889a, for purchase or hire of passenger motor vehicles; for payment of travel, storage and transportation of household goods, and transportation and per diem expenses for families enroute not to exceed twenty-four; for benefits comparable to those payable under sections 9119, 91111, and 941 of the Foreign Service Act of 1946, as amended 22 U.S.C. 11369, 113611, and 1156, respectively; and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Development—or his designee—under the authority of section 2396b of title 22; subject to such rules and regulations as may be issued by the Librarian of Congress.
Dec. 16, 1980
1 - 1 - 39  Payments in advance for subscriptions or other charges
From and after October 1, 1980, payments in advance for subscriptions or other charges for bibliographical data, publications, materials in any other form, and services may be made by the Librarian of Congress whenever he determines it to be more prompt, efficient, or economical to do so in the interest of carrying out required Library programs.
 Dec. 16, 1980
1 - 1 - 40  Use of other library funds to make payments
In addition to amounts transferred pursuant to section 182be2 of this title, the Librarian of Congress may transfer amounts made available for salaries and expenses of the Library of Congress during a fiscal year to the applicable appropriations accounts of the United States Capitol Police in order to reimburse the Capitol Police for services provided in connection with a special event or program described in section 182ba4 of this title.
Dec. 26, 2007Jan. 7, 2008Mar. 4, 2010
1 - 1 - 41  Funds available for workers compensation payments
aIn general
Available balances of expired Library of Congress appropriations shall be available to the Library of Congress to make the deposit to the credit of the Employees’ Compensation Fund required by subsection 8147b of title 5.
bEffective date
This section shall apply with respect to appropriations for fiscal year 2012 and each fiscal year thereafter.
Dec. 23, 2011
1 - 1 - 42 Copies of Statutes at Large
Ten of the copies of the Statutes at Large, published by Little, Brown & Co., which were deposited in the Library prior to February 5, 1859, shall be retained by the Librarian for the use of the justices of the Supreme Court, during the terms of court.
1 - 1 - 43  Copies of journals and documents
Two copies of the journals and documents, and of each book printed by either House of Congress, well bound in calf, shall be deposited in the Library, and must not be taken therefrom.
1 - 1 - 44 Periodical binding of printed hearings of committee testimony
The Librarian of the Library of Congress is authorized and directed to have bound at the end of each session of Congress the printed hearings of testimony taken by each committee of the Congress at the preceding session.
Aug. 2, 1946,
1 - 1 - 45 Deposit of Journals of Senate and House
Twenty-five copies of the public Journals of the Senate, and of the House of Representatives, shall be deposited in the Library of the United States, at the seat of government, to be delivered to Members of Congress during any session, and to all other persons authorized by law to use the books in the Library, upon their application to the Librarian, and giving their responsible receipts for the same, in like manner as for other books.
1 - 1 - 46 Transfer of books to other libraries
The Librarian of Congress may from time to time transfer to other governmental libraries within the District of Columbia, including the Public Library, books and material in the possession of the Library of Congress in his judgment no longer necessary to its uses, but in the judgment of the custodians of such other collections likely to be useful to them, and may dispose of or destroy such material as has become useless: Provided, That no records of the Federal Government shall be transferred, disposed of, or destroyed under the authority granted in this section.
Mar. 4, 1909, Oct. 25, 1951,
1 - 1 - 47 Permitting use of proceeds from disposition of surplus or obsolete personal property
aDisposition of property
Within the limits of available appropriations, the Librarian of Congress may dispose of surplus or obsolete personal property of the Library of Congress by interagency transfer, donation, sale, trade-in, or other appropriate method.
bUse of proceeds
Any amounts received by the Librarian of Congress from the disposition of property under subsection a shall be credited to the funds available for the operations of the Library of Congress, and shall be available to acquire the same or similar property during the fiscal year in which the amounts are received and the following fiscal year.
cEffective date
This section shall apply with respect to fiscal year 2012 and each succeeding fiscal year.
Dec. 23, 2011,
1 - 1 - 48 Sale of copies of card indexes and other publications
The Librarian of Congress is authorized to furnish to such institutions or individuals as may desire to buy them, such copies of the card indexes and other publications of the Library as may not be required for its ordinary transactions, and charge for the same a price which will cover their cost and ten per centum added, and all moneys received by him shall be deposited in the Treasury and shall be credited to the appropriation for necessary expenses for the preparation and distribution of catalog cards and other publications of the Library.
June 28, 1902, Aug. 5, 1977
1 - 1 - 49 Smithsonian Library
The library collected by the Smithsonian Institution under the provisions of the Act of August 10, 1846, chapter 25, and removed from the building of that institution, with the consent of the Regents thereof, to the Library of Congress, shall, while there deposited, be subject to the same regulations as the Library of Congress, except as hereinafter provided.
 
1 - 1 - 50 Care and use of Smithsonian Library
The Smithsonian Institution shall have the use of the library referred to in section 151 of this title in like manner as before its removal. All the books, maps, and charts of the Smithsonian Library shall be properly cared for and preserved in like manner as are those of the Congressional Library; from which the Smithsonian Library shall not be removed except on reimbursement by the Smithsonian Institution to the Treasury of the United States of expenses incurred in binding and in taking care of the same, or upon such terms and conditions as shall be mutually agreed upon by Congress and the Regents of the Institution.
1 - 1 - 51  Control of library of House of Representatives
The library of the House of Representatives shall be under the control and direction of the Librarian of Congress, who shall provide all needful books of reference therefor. The librarian, two assistant librarians, and assistant in the library, shall be appointed by the Clerk of the House, with the approval of the Speaker of the House of Representatives. No removals shall be made from the said positions except for cause reported to and approved by the Committee on Rules.
Mar. 3, 1901,
1 - 1 - 52  Library of Congress Trust Fund Board; members; quorum; seal; rules and regulations
board is created and established, to be known as the “Library of Congress Trust Fund Board” hereinafter referred to as the board, which shall consist of the Secretary of the Treasury or an Assistant Secretary designated in writing by the Secretary of the Treasury, the chairman and the vice chair of the Joint Committee on the Library, the Librarian of Congress, two persons appointed by the President for a term of five years each the first appointments being for three and five years, respectively, four persons appointed by the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives for a term of five years each the first appointments being for two, three, four, and five years, respectively, and four persons appointed by the majority leader of the Senate in consultation with the minority leader of the Senate for a term of five years each the first appointments being for two, three, four, and five years, respectively. Upon request of the chair of the Board, any member whose term has expired may continue to serve on the Trust Fund Board until the earlier of the date on which such member’s successor is appointed or the expiration of the 1-year period which begins on the date such member’s term expires. Seven members of the board shall constitute a quorum for the transaction of business, and the board shall have an official seal, which shall be judicially noticed. The board may adopt rules and regulations in regard to its procedure and the conduct of its business.
Mar. 3, 1925,  May 12, 1978,Feb. 18, 1992Nov. 9, 2000
1 - 1 - 53 Compensation and expenses of Library of Congress Trust Fund Board
No compensation shall be paid to the members of the board for their services as such members, but they shall be reimbursed for the expenses necessarily incurred by them, out of the income from the fund or funds in connection with which such expenses are incurred. The voucher of the chairman of the board shall be sufficient evidence that the expenses are properly allowable. Any expenses of the board, including the cost of its seal, not properly chargeable to the income of any trust fund held by it, shall be estimated for in the annual estimates of the librarian for the maintenance of the Library of Congress.
Mar. 3, 1925,
1 - 1 - 54  Gifts, etc., to Library of Congress Trust Fund Board
The Board is authorized to accept, receive, hold, and administer such gifts, bequests, or devises of property for the benefit of, or in connection with, the Library, its collections, or its service, as may be approved by the Board and by the Joint Committee on the Library.
Mar. 3, 1925, Apr. 13, 1936,
1 - 1 - 55  Funds of Library of Congress Trust Fund Board; management of
The moneys or securities composing the trust funds given or bequeathed to the board shall be receipted for by the Secretary of the Treasury, who shall invest, reinvest, or retain investments as the board may from time to time determine. The income as and when collected shall be deposited with the Treasurer of the United States, who shall enter it in a special account to the credit of the Library of Congress and subject to disbursement by the librarian for the purposes in each case specified; and the Treas­urer of the United States is authorized to honor the requisitions of the librarian made in such manner and in accordance with such regulations as the Treasurer may from time to time prescribe: Provided, however, That the board is not authorized to engage in any business nor to exercise any voting privilege which may be incidental to securities in its hands, nor shall the board make any investments that could not lawfully be made by a trust company in the District of Columbia, except that it may make any investments directly authorized by the instrument of gift, and may retain any investments accepted by it.
Mar. 3, 1925, Apr. 13, 1936,
1 - 1 - 56  Deposits by Library of Congress Trust Fund Board with Treasurer of United States
In the absence of any specification to the contrary, the board may deposit the principal sum, in cash, with the Treasurer of the United States as a permanent loan to the United StatesTreasury, and the Treasurer shall thereafter credit such deposit with interest at a rate which is the higher of the rate of 4 per centum per annum or a rate which is 0.25 percentage points less than a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding long-term marketable obligations of the United States, adjusted to the nearest one-eighth of 1 per centum, payable semi-annually, such interest, as income, being subject to disbursement by the Librarian of Congress for the purposes specified: Provided, however, That the total of such principal sums at any time so held by the Treasurer under this authorization shall not exceed the sum of $10,000,000.

Mar. 3, 1925, Apr. 13, 1936, June 23, 1936, July 3, 1962May 22, 1976,
1 - 1 - 57 Temporary possession of gifts of money or securities to Library of Congress; investment
In the case of a gift of money or securities offered to the Library of Congress, if, because of conditions attached by the donor or similar considerations, expedited action is necessary, the Librarian of Congress may take temporary possession of the gift, subject to approval under section 156 of this title. The gift shall be receipted for and invested, reinvested, or retained as provided in section 157 of this title, except that—
1
gift of securities may not be invested or reinvested; and
2
any investment or reinvestment of a gift of money shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States.
If the gift is not so approved within the 12-month period after the Librarian so takes possession, the principal of the gift shall be returned to the donor and any income earned during that period shall be available for use with respect to the Library of Congress as provided by law.
Mar. 3, 1925, Feb. 18, 1992,
1 - 1 - 58 Perpetual succession and suits by or against Library of Congress Trust Fund Board
The board shall have perpetual succession, with all the usual powers and obligations of a trustee, including the power to sell, except as herein limited, in respect of all property, moneys, or securities which shall be conveyed, transferred, assigned, bequeathed, delivered, or paid over to it for the purposes above specified. The board may be sued in the United States District Court for the District of Columbia, which is given jurisdiction of such suits, for the purpose of enforcing the provisions of any trust accepted by it.
Mar. 3, 1925, ch. 423, § 3, 43 Stat. 1108; Jan. 27, 1926, ch. 6, § 1, 44 Stat. 2; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, § 32a, 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.
 
1 - 1 - 59 Disbursement of gifts, etc., to Library
Nothing in sections 154 to 162 and 163 [1] of this title shall be construed as prohibiting or restricting the Librarian of Congress from accepting in the name of the United States gifts or bequests of money for immediate disbursement in the interest of the Library, its collections, or its service. Such gifts or bequests, after acceptance by the librarian, shall be paid by the donor or his representative to the Treasurer of the United States, whose receipts shall be their acquittance. The Treasurer of the United States shall enter them in a special account to the credit of the Library of Congress and subject to disbursement by the librarian for the purposes in each case specified. Upon agreement by the Librarian of Congress and the Board, a gift or bequest accepted by the Librarian under the first paragraph of this section may be invested or reinvested in the same manner as provided for trust funds under section 157 of this title.

Mar. 3, 1925, Oct. 7, 1997
1 - 1 - 60  Tax exemption of gifts, etc., to Library of Congress
Gifts or bequests or devises to or for the benefit of the Library of Congress, including those to the board, and the income therefrom, shall be exempt from all Federal taxes, including all taxes levied by the District of Columbia.
Mar. 3, 1925, Oct. 2, 1942,
1 - 1 - 61 Compensation of Library of Congress employees
Employees of the Library of Congress who perform special functions for the performance of which funds have been entrusted to the board or the librarian, or in connection with cooperative undertakings in which the Library of Congress is engaged, shall not be subject to section 209 of title 18; and section 5533 of title 5 shall not apply to any additional compensation so paid to such employees.
Mar. 3, 1925, Jan. 27, 1926, Aug. 19, 1964
1 - 1 - 62 Gross salary of Library of Congress employees
Hereafter the gross salary of any position in the Library which is augmented by payment of an honorarium from other than appropriated funds under terms of section 162 of this titleshall not exceed an amount, which when combined with such honorarium, will exceed the maximum salary provided in chapter 51 and subchapter III of chapter 53 of title 5.
June 22, 1949, Oct. 28, 1949,
1 - 1 - 63 Little Scholars Child Development Center; employee compensation and personnel matters
aElection of coverage; creditable service; qualification for survivor annuities and disability benefits; contributions to thrift savings plan; certification concerning creditable service
1This subsection shall apply to any individual who—
A
is employed by the Library of Congress Child Development Center known as the “Little Scholars Child Development Center”, in this section referred to as the “Center” established under section 205g1 of the Legislative Branch Appropriations Act, 1991; and
Bmakes an election to be covered by this subsection with the Librarian of Congress, not later than the later of—
i
60 days after December 21, 2000; or
ii
60 days after the date the individual begins such employment.
2
A
Any individual described under paragraph 1 may be credited, under section 8411 of title 5 for service as an employee of the Center before December 21, 2000, if such employee makes a payment of the deposit under section 8411f2 of such title without application of section 8411b3 of such title.
B
An individual described under paragraph 1 shall be credited under section 8411 of title 5 for any service as an employee of the Center on or after December 21, 2000, if such employee has such amounts deducted and withheld from his pay as determined by the Office of Personnel Management which would be deducted and withheld from the basic pay of an employee under section 8422 of title 5.
3
Notwithstanding any other provision of this subsection, any service performed by an individual described under paragraph 1 as an employee of the Center is deemed to be civilian service creditable under section 8411 of title 5 for purposes of qualifying for survivor annuities and disability benefits under subchapters IV and V of chapter 84 of such title, if such individual makes payment of an amount, determined by the Office of Personnel Management, which would have been deducted and withheld from the basic pay of such individual if such individual had been an employee subject to section 8422 of title 5 for such period so credited, together with interest thereon.
4
An individual described under paragraph 1 shall be deemed an employee for purposes of chapter 84 of title 5, including subchapter III of such title,[1] and may make contributions under section 8432 of such title effective for the first applicable pay period beginning on or after the date such individual elects coverage under this section.
5
The Office of Personnel Management shall accept the certification of the Librarian of Congress concerning creditable service for purposes of this subsection.
bHealth insurance coverage
Any individual who is employed by the Center on or after the date of enactment of this Act [December 21, 2000], shall be deemed an employee under section 89011 of title 5 for purposes of health insurance coverage under chapter 89 of such title. An individual who is an employee of the Center on the date of enactment of this Act may elect coverage under this subsection before the 60th day after the date of enactment of this Act, and during such periods as determined by the Office of Personnel Management for employees of the Center employed after such date.
cLife insurance coverage
An individual who is employed by the Center shall be deemed an employee under section 8701a of title 5 for purposes of life insurance coverage under chapter 87 of such title.
dGovernment contributions by Librarian from available appropriations
Government contributions for individuals receiving benefits under this section, as computed under sections 8423, 8432, 8708, and 8906 [2] shall be made by the Librarian of Congress from any appropriations available to the Library of Congress.
ePayroll and personnel functions of Library of CongressThe Library of Congress, directly or by agreement with its designated representative, shall—
1
process payroll for Center employees, including making deductions and withholdings from the pay of employees in the amounts determined under sections 842284328707, and 8905 of title 5;
2
maintain appropriate personnel and payroll records for Center employees, and transmit appropriate information and records to the Office of Personnel Management; and
3
transmit funds for Government and employee contributions under this section to the Office of Personnel Management.
fResponsibilities of CenterThe Center shall—
1
pay to the Library of Congress funds sufficient to cover the gross salary and the employer’s share of taxes under section 3111 of title 26 for Center employees, in amounts computed by the Library of Congress;
2
as required by the Library of Congress, reimburse the Library of Congress for reasonable administrative costs incurred under subsection e1;
3
comply with regulations and procedures prescribed by the Librarian of Congress for administration of this section;
4
maintain appropriate records on all Center employees, as required by the Librarian of Congress; and
5
consult with the Librarian of Congress on the administration and implementation of this section.
gRegulations
The Librarian of Congress may prescribe regulations to carry out this section.
Dec. 21, 2000
1 - 1 - 64  Index and digest of State legislation; preparation
The Librarian of Congress is authorized and directed to prepare biennially an index to the legislation of the States of the United States enacted during the biennium, together with a supplemental digest of the more important legislation of the period.
Feb. 10, 1927, Feb. 28, 1929,
1 - 1 - 65 Official distribution of State legislation index and digest
The Librarian of Congress is directed to have the indexes and digests authorized by section 164 of this title printed and bound for official distribution only.
Feb. 28, 1929,
1 - 1 - 66 Authorization for appropriation for biennial index
There is authorized to be appropriated annually for carrying out the provisions of section 164 of this title the sum of $30,000, to remain available until expended.
Feb. 10, 1927,
1 - 1 - 67 Congressional Research Service
aRedesignation of Legislative Reference Service
The Legislative Reference Service in the Library of Congress is hereby continued as a separate department in the Library of Congress and is redesignated the “Congressional Research Service”.
bFunctions and objectivesIt is the policy of Congress that—
1the Librarian of Congress shall, in every possible way, encourage, assist, and promote the Congressional Research Service in—
A
rendering to Congress the most effective and efficient service,
B
responding most expeditiously, effectively, and efficiently to the special needs of Congress, and
C
discharging its responsibilities to Congress;
and
2
the Librarian of Congress shall grant and accord to the Congressional Research Service complete research independence and the maximum practicable administrative independence consistent with these objectives.
cAppointment and compensation of Director, Deputy Director, and other necessary personnel; minimum grade for Senior Specialists; placement in grades GS–16, 17, and 18 of Specialists and Senior Specialists; appointment without regard to civil service laws and political affiliation and on basis of fitness to perform duties
1
After consultation with the Joint Committee on the Library, the Librarian of Congress shall appoint the Director of the Congressional Research Service. The basic pay of the Director shall be at a per annum rate equal to the rate of basic pay provided for level III of the Executive Schedule under section 5314 of title 5.
2The Librarian of Congress, upon the recommendation of the Director, shall appoint a Deputy Director of the Congressional Research Service and all other necessary personnel thereof. The basic pay of the Deputy Director shall be fixed in accordance with chapter 51 relating to classification and subchapter III relating to General Schedule pay rates of chapter 53 of title 5, but without regard to section 5108a of such title. The basic pay of all other necessary personnel of the Congressional Research Service shall be fixed in accordance with chapter 51 relating to classification and subchapter III relating to General Schedule pay rates of chapter 53 of title 5, except that—
A
the grade of Senior Specialist in each field within the purview of subsection e of this section shall not be less than the highest grade in the executive branch of the Government to which research analysts and consultants, without supervisory responsibility, are currently assigned; and
B
the positions of Specialist and Senior Specialist in the Congressional Research Service may be placed in GS–16, 17, and 18 of the General Schedule of section 5332 of title 5, without regard to section 5108a of such title, subject to the prior approval of the Joint Committee on the Library, of the placement of each such position in any of such grades.
3
Each appointment made under paragraphs 1 and 2 of this subsection and subsection e of this section shall be without regard to the civil service laws, without regard to political affiliation, and solely on the basis of fitness to perform the duties of the position.
dDuties of Service; assistance to Congressional committees; list of terminating programs and subjects for analysis; legislative data, studies, etc.; information research; digest of bills, preparation; legislation, purpose and effect, and preparation of memoranda; information and research capability, developmentIt shall be the duty of the Congressional Research Service, without partisan bias—
1upon request, to advise and assist any committee of the Senate or House of Representatives and any joint committee of Congress in the analysis, appraisal, and evaluation of legislative proposals within that committee’s jurisdiction, or of recommendations submitted to Congress, by the President or any executive agency, so as to assist the committee in—
A
determining the advisability of enacting such proposals;
B
estimating the probable results of such proposals and alternatives thereto; and
C
evaluating alternative methods for accomplishing those results;
and, by providing such other research and analytical services as the committee considers appropriate for these purposes, otherwise to assist in furnishing a basis for the proper evaluation and determination of legislative proposals and recommendations generally; and in the performance of this duty the Service shall have authority, when so authorized by a committee and acting as the agent of that committee, to request of any department or agency of the United States the production of such books, records, correspondence, memoranda, papers, and documents as the Service considers necessary, and such department or agency of the United States shall comply with such request; and further, in the performance of this and any other relevant duty, the Service shall maintain continuous liaison with all committees;
2
to make available to each committee of the Senate and House of Representatives and each joint committee of the two Houses, at the opening of a new Congress, a list of programs and activities being carried out under existing law scheduled to terminate during the current Congress, which are within the jurisdiction of the committee;
3
to make available to each committee of the Senate and House of Representatives and each joint committee of the two Houses, at the opening of a new Congress, a list of subjects and policy areas which the committee might profitably analyze in depth;
4
upon request, or upon its own initiative in anticipation of requests, to collect, classify, and analyze in the form of studies, reports, compilations, digests, bulletins, indexes, translations, and otherwise, data having a bearing on legislation, and to make such data available and serviceable to committees and Members of the Senate and House of Representatives and joint committees of Congress;
5
upon request, or upon its own initiative in anticipation of requests, to prepare and provide information, research, and reference materials and services to committees and Members of the Senate and House of Representatives and joint committees of Congress to assist them in their legislative and representative functions;
6
to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives;
7
upon request made by any committee or Member of the Congress, to prepare and transmit to such committee or Member a concise memorandum with respect to one or more legislative measures upon which hearings by any committee of the Congress have been announced, which memorandum shall contain a statement of the purpose and effect of each such measure, a description of other relevant measures of similar purpose or effect previously introduced in the Congress, and a recitation of all action taken theretofore by or within the Congress with respect to each such other measure; and
8
to develop and maintain an information and research capability, to include Senior Specialists, Specialists, other employees, and consultants, as necessary, to perform the functions provided for in this subsection.
eSpecialists and Senior Specialists; appointment; fields of appointmentThe Librarian of Congress is authorized to appoint in the Congressional Research Service, upon the recommendation of the Director, Specialists and Senior Specialists in the following broad fields:
1
agriculture;
2
American government and public administration;
3
American public law;
4
conservation;
5
education;
6
engineering and public works;
7
housing;
8
industrial organization and corporation finance;
9
international affairs;
10
international trade and economic geography;
11
labor and employment;
12
mineral economics;
13
money and banking;
14
national defense;
15
price economics;
16
science;
17
social welfare;
18
taxation and fiscal policy;
19
technology;
20
transportation and communications;
21
urban affairs;
22
veterans’ affairs; and
23
such other broad fields as the Director may consider appropriate.
Such Specialists and Senior Specialists, together with such other employees of the Congressional Research Service as may be necessary, shall be available for special work with the committees and Members of the Senate and House of Representatives and the joint committees of Congress for any of the purposes of subsection d of this section.
fDuties of Director; establishment and change of research and reference divisions or other organizational units, or bothThe Director is authorized—
1to classify, organize, arrange, group, and divide, from time to time, as he considers advisable, the requests for advice, assistance, and other services submitted to the Congressional Research Service by committees and Members of the Senate and House of Representatives and joint committees of Congress, into such classes and categories as he considers necessary to—
A
expedite and facilitate the handling of the individual requests submitted by Members of the Senate and House of Representatives,
B
promote efficiency in the performance of services for committees of the Senate and House of Representatives and joint committees of Congress, and
C
provide a basis for the efficient performance by the Congressional Research Service of its legislative research and related functions generally,
and
2
to establish and change, from time to time, as he considers advisable, within the Congressional Research Service, such research and reference divisions or other organizational units, or both, as he considers necessary to accomplish the purposes of this section.
gBudget estimates
The Director of the Congressional Research Service will submit to the Librarian of Congress for review, consideration, evaluation, and approval, the budget estimates of the Congressional Research Service for inclusion in the Budget of the United States Government.
hExperts or consultants, individual or organizational, and persons and organizations with specialized knowledge; procurement of temporary or intermittent assistance; contracts, nonpersonal and personal service; advertisement requirements inapplicable; end product; pay; travel time
1The Director of the Congressional Research Service may procure the temporary or intermittent assistance of individual experts or consultants including stenographic reporters and of persons learned in particular or specialized fields of knowledge—
A
by nonpersonal service contract, without regard to any provision of law requiring advertising for contract bids, with the individual expert, consultant, or other person concerned, as an independent contractor, for the furnishing by him to the Congressional Research Service of a written study, treatise, theme, discourse, dissertation, thesis, summary, advisory opinion, or other end product; or
B
by employment for a period of not more than one year in the Congressional Research Service of the individual expert, consultant, or other person concerned, by personal service contract or otherwise, without regard to the position classification laws, at a rate of pay not in excess of the per diem equivalent of the highest rate of basic pay then currently in effect for the General Schedule of section 5332 of title 5, including payment of such rate for necessary travel time.
2
The Director of the Congressional Research Service may procure by contract, without regard to any provision of law requiring advertising for contract bids, the temporary for respective periods not in excess of one year or intermittent assistance of educational, research, or other organizations of experts and consultants including stenographic reporters and of educational, research, and other organizations of persons learned in particular or specialized fields of knowledge.
iSpecial report to Joint Committee on the Library
The Director of the Congressional Research Service shall prepare and file with the Joint Committee on the Library at the beginning of each regular session of Congress a separate and special report covering, in summary and in detail, all phases of activity of the Congressional Research Service for the immediately preceding fiscal year.
jAuthorization of appropriations
There are hereby authorized to be appropriated to the Congressional Research Service each fiscal year such sums as may be necessary to carry on the work of the Service.
Aug. 2, 1946, Oct. 28, 1949,Oct. 26, 1970,  Dec. 19, 1985Sept. 29, 1999
1 - 1 - 68 Suspension of prohibitions against use of Library buildings and grounds
In order to permit the observance of authorized ceremonies within the Library of Congress buildings and grounds, the Librarian of Congress may suspend for such occasions so much of the prohibitions contained in sections 5103 and 5104 of title 40 as may be necessary for the occasion, but only if responsible officers shall have been appointed, and arrangements determined which are adequate, in the judgment of the Librarian, for the maintenance of suitable order and decorum in the proceedings, and for the protection of the Library buildings and grounds and of persons and property therein.
Aug. 4, 1950, Dec. 26, 2007Jan. 7, 2008, Mar. 4, 2010
1 - 1 - 69 Area comprising Library of Congress grounds; “buildings and grounds” defined
a
The Library of Congress grounds shall be held to extend to the line of the face of the east curb of First Street Southeast, between B Street Southeast and East Capitol Street; to the line of the face of the south curb of East Capitol Street, between First Street Southeast and Second Street Southeast; to the line of the face of the west curb of Second Street Southeast, between East Capitol Street and B Street Southeast; to the line of the face of the north curb of B Street Southeast, between First Street Southeast and Second Street Southeast; and to the line of the face of the east curb of Second Street Southeast, between Pennsylvania Avenue Southeast and the north side of the alley separating the Library Annex Building and the Folger Shakespeare Library; to the line of the north side of the same alley, between Second Street Southeast and Third Street Southeast; to the line of the face of the west curb of Third Street Southeast, between the north side of the same alley and B Street Southeast; to the line of the face of the north curb of B Street Southeast, between Third Street Southeast and Pennsylvania Avenue Southeast; to the line of the face of the northeast curb of Pennsylvania Avenue Southeast, between B Street Southeast and Second Street Southeast.
b
The term “Library of Congress buildings and grounds” shall include 1 the whole or any part of any building or structure which is occupied under lease or otherwise by the Library of Congress and is subject to supervision and control by the Librarian of Congress, 2 the land upon which there is situated any building or structure which is occupied wholly by the Library of Congress, and 3 any subway or enclosed passageway connecting two or more buildings or structures occupied in whole or in part by the Library of Congress.
c
The term “Library of Congress buildings and grounds” shall include 1 all real property in lot 51 in square 869 in the District of Columbia, as that lot appears on the records in the office of the Surveyor of the District of Columbia on August 1, 1990, extending to the outer face of the curbs of the square in which it is located and including all alleys or parts of alleys and streets within the lot lines and curb lines surrounding such real property, and 2 improvements to such real property.
dThe term “Library of Congress buildings and grounds” shall include the following property:
1
Three parcels totaling approximately 45 acres, more or less, located in Culpeper County, Virginia, and identified as Culpeper County Tax Parcel Numbers 51–80B, 51–80C, and 51–80D, further described as real estate consisting of 40.949 acres conveyed to David and Lucile Packard Foundation by deed from Federal Reserve Bank of Richmond, dated May 15, 1998, and recorded May 19, 1998, in the Clerk’s Office, Circuit Court of Culpeper County, Virginia, in Deed Book 644, page 372; and real estate consisting of 4.181 acres conveyed to Packard Humanities Institute by deed from Russell H. Inskeep, dated February 13, 2002, and recorded February 13, 2002, in the Clerk’s Office, Circuit Court of Culpeper County, Virginia, as instrument number 020001299.
2
Improvements to such real property.
Aug. 4, 1950,  June 17, 1970, Nov. 5, 1990 Nov. 15, 1990Dec. 15, 1997Sept. 30, 2003, Dec. 26, 2007, Jan. 7, 2008Mar. 4, 2010
1 - 1 - 70  Constitution of the United States; preparation and publication of revised edition; annotations; supplements; decennial editions and supplements
The Librarian of Congress shall have prepared—
1
a hardbound revised edition of the Constitution of the United States of America—Analysis and Interpretation, published as Senate Document Numbered 39, Eighty-eighth Congress referred to hereinafter as the “Constitution Annotated”, which shall contain annotations of decisions of the Supreme Court of the United States through the end of the October 1971 term of the Supreme Court, construing provisions of the Constitution;
2
upon the completion of each of the October 1973, October 1975, October 1977, and October 1979 terms of the Supreme Court, a cumulative pocket-part supplement to the hardbound revised edition of the Constitution Annotated prepared pursuant to clause 1, which shall contain cumulative annotations of all such decisions rendered by the Supreme Court after the end of the October 1971 term;
3
upon the completion of the October 1981 term of the Supreme Court, and upon the completion of each tenth October term of the Supreme Court thereafter, a hardbound decennial revised edition of the Constitution Annotated, which shall contain annotations of all decisions theretofore rendered by the Supreme Court construing provisions of the Constitution; and
4
upon the completion of the October 1983 term of the Supreme Court, and upon the completion of each subsequent October term of the Supreme Court beginning in an odd-numbered year the final digit of which is not a 1, a cumulative pocket-part supplement to the most recent hardbound decennial revised edition of the Constitution Annotated, which shall contain cumulative annotations of all such decisions rendered by the Supreme Court which were not included in that hardbound decennial revised edition of the Constitution Annotated.
Dec. 24, 1970
1 - 1 - 71 Printing of Constitution Annotated as Senate documents
All hardbound revised editions and all cumulative pocket-part supplements shall be printed as Senate documents.
Dec. 24, 1970,
1 - 1 - 72 Printing and distribution of additional copies of Constitution Annotated
There shall be printed four thousand eight hundred and seventy additional copies of the hardbound revised editions prepared pursuant to clause 1 of section 168 of this title and of all cumulative pocket-part supplements thereto, of which two thousand six hundred and thirty-four copies shall be for the use of the House of Representatives, one thousand two hundred and thirty-six copies shall be for the use of the Senate, and one thousand copies shall be for the use of the Joint Committee on Printing. All Members of the Congress, Vice Presidents of the United States, and Delegates and Resident Commissioners, newly elected subsequent to the issuance of the hardbound revised edition prepared pursuant to such clause and prior to the first hardbound decennial revised edition, who did not receive a copy of the edition prepared pursuant to such clause, shall, upon timely request, receive one copy of such edition and the then current cumulative pocket-part supplement and any further supplements thereto. All Members of the Congress, Vice Presidents of the United States, and Delegates and Resident Commissioners, no longer serving after the issuance of the hardbound revised edition prepared pursuant to such clause and who received such edition, may receive one copy of each cumulative pocket-part supplement thereto upon timely request.
Dec. 24, 1970,
1 - 1 - 73 Printing and distribution of decennial editions and supplements to Constitution Annotated
Additional copies of each hardbound decennial revised edition and of the cumulative pocket-part supplements thereto shall be printed and distributed in accordance with the provisions of any concurrent resolution hereafter adopted with respect thereto.
 Dec. 24, 1970
1 - 1 - 74 Authorization of appropriations for Constitution Annotated
There are authorized to be appropriated such sums, to remain available until expended, as may be necessary to carry out the provisions of sections 168 to 168d of this title.
Dec. 24, 1970,
1 - 1 - 75  Positions in Library of Congress exempt from citizenship requirement
From and after October 1, 1983, not to exceed fifteen positions in the Library of Congress may be exempt from the provisions of appropriation Acts concerning the employment of aliens during the current fiscal year, but the Librarian shall not make any appointment to any such position until he has ascertained that he cannot secure for such appointments a person in any of the categories specified in such provisions who possesses the special qualifications for the particular position and also otherwise meets the general requirements for employment in the Library of Congress.
July 14, 1983,
1 - 1 - 76 American Television and Radio Archives
aEstablishment and maintenance in Library of Congress; purpose; determination of composition, cataloging, indexing and availability by LibrarianThe Librarian of Congress hereinafter referred to as the “Librarian” shall establish and maintain in the Library of Congress a library to be known as the American Television and Radio Archives hereinafter referred to as the “Archives”. The purpose of the Archives shall be to preserve a permanent record of the television and radio programs which are the heritage of the people of the United States and to provide access to such programs to historians and scholars without encouraging or causing copyright infringement.
1The Librarian, after consultation with interested organizations and individuals, shall determine and place in the Archives such copies and phonorecords of television and radio programs transmitted to the public in the United States and in other countries which are of present or potential public or cultural interest, historical significance, cognitive value, or otherwise worthy of preservation, including copies and phonorecords of published and unpublished transmission programs—
A
acquired in accordance with sections 407 and 408 of title 17; and
B
transferred from the existing collections of the Library of Congress; and
C
given to or exchanged with the Archives by other libraries, archives, organizations, and individuals; and
D
purchased from the owner thereof.
2
The Librarian shall maintain and publish appropriate catalogs and indexes of the collections of the Archives, and shall make such collections available for study and research under the conditions prescribed under this section.
bReproduction, compilation, and distribution for research of regularly scheduled newscasts or on-the-spot coverage of news events by Librarian; promulgation of regulationsNotwithstanding the provisions of section 106 of title 17, the Librarian is authorized with respect to a transmission program which consists of a regularly scheduled newscast or on-the-spot coverage of news events and, under standards and conditions that the Librarian shall prescribe by regulation—
1
to reproduce a fixation of such a program, in the same or another tangible form, for the purposes of preservation or security or for distribution under the conditions of clause 3 of this subsection; and
2
to compile, without abridgment or any other editing, portions of such fixations according to subject matter, and to reproduce such compilations for the purpose of clause 1 of this subsection; and
3to distribute a reproduction made under clause 1 or 2 of this subsection—
A
by loan to a person engaged in research; and
B
for deposit in a library or archives which meets the requirements of section 108a of title 17,
in either case for use only in research and not for further reproduction or performance.
cLiability for copyright infringement by Librarian or any employee of Librarian
The Librarian or any employee of the Library who is acting under the authority of this section shall not be liable in any action for copyright infringement committed by any other person unless the Librarian or such employee knowingly participated in the act of infringement committed by such person. Nothing in this section shall be construed to excuse or limit liability under title 17 for any act not authorized by that title or this section, or for any act performed by a person not authorized to act under that title or this section.
dShort title
This section may be cited as the “American Television and Radio Archives Act”.
 Oct. 19, 1976
1 - 1 - 77 Congressional declaration of findings and purpose as to Center for the Book
The Congress hereby finds and declares—
1
that the Congress of the United States on April 24, 1800, established for itself a library of the Congress;
2
that in 1815, the Congress purchased the personal library of the third President of the United States which contained materials on every science known to man and described such a collection as a “substratum of a great national library”;
3
that the Congress of the United States in recognition of the importance of printing and its impact on America purchased the Gutenberg Bible in 1930 for the Nation for placement in the Library of Congress;
4
that the Congress of the United States has through statute and appropriations made this library accessible to any member of the public;
5
that this collection of books and other library materials has now become one of the greatest libraries in civilization;
6
that the book and the printed word have had the most profound influence on American civilization and learning and have been the very foundation on which our democratic principles have survived through our two hundred-year history;
7
that in the year 1977, the Congress of the United States assembled hereby declares its reaffirmation of the importance of the printed word and the book and recognizes the importance of a Center for the Book to the continued study and development of written record as central to our understanding of ourselves and our world.
It is therefore the purpose of sections 171 to 175 of this title to establish a Center for the Book in the Library of Congress to provide a program for the investigation of the transmission of human knowledge and to heighten public interest in the role of books and printing in the diffusion of this knowledge.
 Oct. 13, 1977
1 - 1 - 78 Definitions
As used in sections 171 to 175 of this title—
1
the term Center means the Center for the Book;
2
the term Librarian means the Librarian of Congress.
Oct. 13, 1977
1 - 1 - 79 Establishment of Center for the Book
There is hereby established in the Library of Congress a Center for the Book. The Center shall be under the direction of the Librarian of Congress.
Oct. 13, 1977
1 - 1 - 80  Function of Center for the Book
The Librarian through the Center shall stimulate public interest and research in the role of the book in the diffusion of knowledge through such activities as a visiting scholar program accompanied by lectures, exhibits, publications, and any other related activities.
Oct. 13, 1977
1 - 1 - 81 Administrative provisions
The Librarian of Congress, in carrying out the Center’s functions, is authorized to—
1
prescribe such regulations as he deems necessary;
2
receive money and other property donated, bequeathed, or devised for the purposes of the Center, and to use, sell, or otherwise dispose of such property for the purposes of carrying out the Center’s functions, without reference to Federal disposal statutes; and
3
accept and utilize the services of voluntary and noncompensated personnel and reimburse them for travel expenses, including per diem, as authorized by section 5703 of title 5.
Oct. 13, 1977
1 - 1 - 82 Mass Book Deacidification Facility; operation by Librarian of Congress
Notwithstanding any other provision of law, the Librarian of Congress shall equip, furnish, operate, and maintain the Library of Congress Mass Book Deacidification Facility.
Sept. 28, 1984
1 - 1 - 83 Poet Laureate Consultant in Poetry
aRecognition
The Congress recognizes that the Consultant in Poetry to the Library of Congress has for some time occupied a position of prominence in the life of the Nation, has spoken effectively for literary causes, and has occasionally performed duties and functions sometimes associated with the position of poet laureate in other nations and societies. Individuals are appointed to the position of Consultant in Poetry by the Librarian of Congress for one- or two-year terms solely on the basis of literary merit, and are compensated from endowment funds administered by the Library of Congress Trust Fund Board. The Congress further recognizes this position is equivalent to that of Poet Laureate of the United States.
bPosition established
1
There is established in the Library of Congress the position of Poet Laureate Consultant in Poetry. The Poet Laureate Consultant in Poetry shall be appointed by the Librarian of Congress pursuant to the same procedures of appointment as established on December 20, 1985, for the Consultant in Poetry to the Library of Congress.
2
Each department and office of the Federal Government is encouraged to make use of the services of the Poet Laureate Consultant in Poetry for ceremonial and other occasions of celebration under such procedures as the Librarian of Congress shall approve designed to assure that participation under this paragraph does not impair the continuation of the work of the individual chosen to fill the position of Poet Laureate Consultant in Poetry.
cPoetry program
1
The Chairperson of the National Endowment for the Arts, with the advice of the National Council on the Arts, shall annually sponsor a program at which the Poet Laureate Consultant in Poetry will present a major work or the work of other distinguished poets.
2
There are authorized to be appropriated to the National Endowment for the Arts $10,000 for the fiscal year 1987 and for each succeeding fiscal year ending prior to October 1, 1990, for the purpose of carrying out this subsection.
Dec. 20, 1985
1 - 1 - 84 National Film Registry of Library of Congress
aAcquisition of archival quality copies
The Librarian shall endeavor to obtain, by gift from the owner, an archival quality copy of the Registry version of each film included in the National Film Registry. Whenever possible, the Librarian shall endeavor to obtain the best surviving materials, including preprint materials. Copyright owners and others possessing copies of such materials are strongly encouraged, to further the preservation purposes of this Act, to provide preprint and other archival elements to the Library of Congress.
bAdditional materials
The Librarian shall endeavor to obtain, for educational and research purposes, additional materials related to each film included in the National Film Registry, such as background materials, production reports, shooting scripts including continuity scripts and other similar materials.
cProperty of United States
All copies of films on the National Film Registry that are received as gifts or bequests by the Librarian and other materials received by the Librarian under subsection b, shall become the property of the United States Government, subject to the provisions of title 17.
dNational Film Registry Collection
All copies of films on the National Film Registry that are received by the Librarian under subsection a of this section, and other materials received by the Librarian under subsection b, shall be maintained in the Library of Congress and be known as the “National Film Registry Collection of the Library of Congress”. The Librarian shall, by regulation, and in accordance with title 17, provide for reasonable access to the films and other materials in such collection for scholarly and research purposes.
eNational Audio-Visual Conservation CenterThe Librarian shall utilize the National Audio-Visual Conservation Center of the Library of Congress at Culpeper, Virginia, to ensure that preserved films included in the National Film Registry are stored in a proper manner, and disseminated to researchers, scholars, and the public as may be appropriate in accordance with—
1
title 17; and
2
the terms of any agreements between the Librarian and persons who hold copyrights to such audiovisual works.
 Oct. 11, 1996Apr. 27, 2005,
1 - 1 - 85  Duties of Librarian of Congress
aPowers
1In generalThe Librarian shall, after consultation with the Board established pursuant to section 179n of this title
Acontinue the implementation of the comprehensive national film preservation program for motion pictures established under the National Film Preservation Act of 1992, in conjunction with other film archivists, educators and historians, copyright owners, film industry representatives, and others involved in activities related to film preservation, taking into account the objectives of the national film preservation study and the comprehensive national plan conducted under the National Film Preservation Act of 1992. This program shall—
i
coordinate activities to assure that efforts of archivists and copyright owners, and others in the public and private sector, are effective and complementary;
ii
generate public awareness of and support for these activities;
iii
increase accessibility of films for educational purposes; and
iv
undertake studies and investigations of film preservation activities as needed, including the efficacy of new technologies, and recommend solutions to improve these practices;
B
establish criteria and procedures under which films may be included in the National Film Registry, except that no film shall be eligible for inclusion in the National Film Registry until 10 years after such film’s first publication;
C
establish procedures under which the general public may make recommendations to the Board regarding the inclusion of films in the National Film Registry; and
D
determine which films satisfy the criteria established under subparagraph B and qualify for inclusion in the National Film Registry, except that the Librarian shall not select more than 25 films each year for inclusion in the Registry.
2Publication of films in Registry
The Librarian shall publish in the Federal Register the name of each film that is selected for inclusion in the National Film Registry.
3Seal
The Librarian shall provide a seal to indicate that a film has been included in the National Film Registry and is the Registry version of that film. The Librarian shall establish guidelines for approval of the use of the seal in accordance with subsection b.
bUse of seal
The seal provided under subsection a3 may only be used on film or other approved copies of the Registry version of a film. Such seal may be used only after the Librarian has given approval to those persons seeking to apply the seal in accordance with the guidelines under subsection a3. In the case of copyrighted, mass distributed, broadcast, or published works, only the copyright owner or an authorized licensee of the copyright owner may place or authorize the placement of the seal on any film or other approved copy of a Registry version of a film selected for inclusion in the National Film Registry, and the Librarian may place the seal on any film or other approved copy of the Registry version of any film that is maintained in the National Film Registry Collection in the Library of Congress. Anyone authorized to place the seal on any film or other approved copy of any Registry version of a film may accompany such seal with the following language: “This film was selected for inclusion in the National Film Registry by the National Film Preservation Board of the Library of Congress because of its cultural, historical, or aesthetic significance.”. The Librarian may authorize the use of the seal by the Library or by others for other limited purposes in order to promote in the National Film Registry when exhibiting, showing, or otherwise disseminating films in the Registry.
cCoordination of program with other collection, preservation, and accessibility activitiesIn carrying out the comprehensive national film preservation program for motion pictures established under the National Film Preservation Act of 1992, the Librarian, in consultation with the Board established pursuant to section 179n of this title, shall—
1
carry out activities to make films included in the National Film registry more broadly accessible for research and educational purposes, and to generate public awareness and support of the Registry and the comprehensive national film preservation program;
2
review the comprehensive national film preservation plan, and amend it to the extent necessary to ensure that it addresses technological advances in the preservation and storage of, and access to film collections in multiple formats; and
3
wherever possible, undertake expanded initiatives to ensure the preservation of the moving image heritage of the United States, including film, videotape, television, and born digital moving image formats, by supporting the work of the National Audio-Visual Conservation Center of the Library of Congress, and other appropriate nonprofit archival and preservation organizations.
 Oct. 11, 1996, Apr. 27, 2005Oct. 2, 2008
1 - 1 - 86 National Film Preservation Board
aNumber and appointment
1MembersThe Librarian shall establish in the Library of Congress a National Film Preservation Board to be comprised of 22 members, who shall be selected by the Librarian in accordance with this section. Subject to subparagraphs C and N, the Librarian shall request each organization listed in subparagraphs A through Q to submit a list of three candidates qualified to serve as a member of the Board. Except for the members-at-large appointed under subparagraph [1] 2, the Librarian shall appoint one member from each such list submitted by such organizations, and shall designate from that list an alternate who may attend at Board expense those meetings to which the individual appointed to the Board cannot attend. The organizations are the following:
A
The Academy of Motion Picture Arts and Sciences.
B
The Directors Guild of America.
C
The Writers Guild of America. The Writers Guild of America East and the Writers Guild of America West shall each nominate three candidates, and a representative from one organization shall be selected as the member and a representative from the other organization as the alternate.
D
The National Society of Film Critics.
E
The Society for Cinema and Media Studies.
F
The American Film Institute.
G
The Department of Film, Television, and Digital Media of the School of Theater, Film and Television at the University of California, Los Angeles.
H
The Department of Cinema Studies of the Tisch School of the Arts at New York University.
I
The University Film and Video Association.
J
The Motion Picture Association of America.
K
The Alliance of Motion Picture and Television Producers.
L
Screen Actors Guild.
M
The National Association of Theater Owners.
N
The American Society of Cinematographers and the International Photographers Guild, which shall jointly submit one list of three candidates from which a member and alternate will be selected.
O
The United States Members of the International Federation of Film Archives.
P
The Association of Moving Image Archivists.
Q
The Society of Composers and Lyricists.
2Members-at-large
In addition to the members appointed under paragraph 1, the Librarian shall appoint up to 5 members-at-large. The Librarian shall also select an alternate for each member[2] at-large, who may attend at Board expense those meetings which the member [2] at-large cannot attend.
bChair
The Librarian shall appoint one member of the Board to serve as Chair.
cTerm of office
1Terms
The term of each member of the Board shall be 4 years, except that there shall be no limit to the number of terms that any individual member may serve.
2Removal of member or organization
The Librarian shall have the authority to remove any member of the Board, or the organization listed in subsection a such member represents, if the member, or organization, over any consecutive 2-year period, fails to attend at least one regularly scheduled Board meeting.
3Vacancies
A vacancy in the Board shall be filled in the manner in which the original appointment was made under subsection a, except that the Librarian may fill the vacancy from a list of candidates previously submitted by the organization or organizations involved. Any member appointed to fill a vacancy before the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term.
dQuorum
12 members of the Board shall constitute a quorum but a lesser number may hold hearings.
eReimbursement of expenses
Members of the Board shall serve without pay, but may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5.
fMeetings
The Board shall meet at least once each fiscal year. Meetings shall be at the call of the Librarian.
gConflict of interest
The Librarian shall establish rules and procedures to address any potential conflict of interest between a member of the Board and responsibilities of the Board.
Oct. 11, 1996Apr. 27, 2005,  Oct. 2, 2008
1 - 1 - 87 Responsibilities and powers of Board
aIn general
The Board shall review nominations of films submitted to it for inclusion in the National Film Registry and consult with the Librarian, as provided in section 179m of this title, with respect to the inclusion of such films in the Registry and the preservation of these and other films that are culturally, historically, or aesthetically significant.
bNomination of films
The Board shall consider, for inclusion in the National Film Registry, nominations submitted by the general public as well as representatives of the film industry, such as the guilds and societies representing actors, directors, screenwriters, cinematographers, and other creative artists, producers, and film critics, archives and other film preservation organizations, and representatives of academic institutions with film study programs. The Board shall nominate not more than 25 films each year for inclusion in the Registry.
cPowers
1In general
The Board may, for the purpose of carrying out its duties, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Librarian and the Board consider appropriate.
2Service on Foundation
Two sitting members of the Board shall be appointed by the Librarian, and shall serve, as Board members of the National Film Preservation Foundation, in accordance with section 151703 of title 36.
Oct. 11, 1996
1 - 1 - 88 National Film Registry Collection of Library of Congress
aAcquisition of archival quality copies
The Librarian shall endeavor to obtain, by gift from the owner, an archival quality copy of the Registry version of each film included in the National Film Registry. Whenever possible, the Librarian shall endeavor to obtain the best surviving materials, including preprint materials. Copyright owners and others possessing copies of such materials are strongly encouraged, to further the preservation purposes of this Act, to provide preprint and other archival elements to the Library of Congress.
bAdditional materials
The Librarian shall endeavor to obtain, for educational and research purposes, additional materials related to each film included in the National Film Registry, such as background materials, production reports, shooting scripts including continuity scripts and other similar materials.
cProperty of United States
All copies of films on the National Film Registry that are received as gifts or bequests by the Librarian and other materials received by the Librarian under subsection b, shall become the property of the United States Government, subject to the provisions of title 17.
dNational Film Registry Collection
All copies of films on the National Film Registry that are received by the Librarian under subsection a of this section, and other materials received by the Librarian under subsection b, shall be maintained in the Library of Congress and be known as the “National Film Registry Collection of the Library of Congress”. The Librarian shall, by regulation, and in accordance with title 17, provide for reasonable access to the films and other materials in such collection for scholarly and research purposes.
eNational Audio-Visual Conservation CenterThe Librarian shall utilize the National Audio-Visual Conservation Center of the Library of Congress at Culpeper, Virginia, to ensure that preserved films included in the National Film Registry are stored in a proper manner, and disseminated to researchers, scholars, and the public as may be appropriate in accordance with—
1
title 17; and
2
the terms of any agreements between the Librarian and persons who hold copyrights to such audiovisual works.
Oct. 11, 1996, Apr. 27, 2005
1 - 1 - 89 Seal of National Film Registry
aUse of seal
1Prohibition on distribution and exhibitionNo person shall knowingly distribute or exhibit to the public a version of a film or any copy in any format of a film which bears the seal described in section 179ma3 of this title if such film—
A
is not included in the National Film Registry; or
B
is included in the National Film Registry, but such film or film copy has not been approved for use of the seal by the Librarian pursuant to section 179ma1D of this title.
2Prohibition on promotion
No person shall knowingly use the seal described in section 179ma3 of this title to promote any version of a film in any format other than a Registry version.
bEffective date of seal
The use of the seal described in section 179ma3 of this title shall be effective for each film after the Librarian publishes in the Federal Register, in accordance with section 179ma2 of this title, the name of that film as selected for inclusion in the National Film Registry.
Oct. 11, 1996,  Apr. 27, 2005
1 - 1 - 90  Remedies
aJurisdiction
The several district courts of the United States shall have jurisdiction, for cause shown, to prevent and restrain violations of section 179qa of this title.
bRelief
1Removal of seal
Except as provided in paragraph 2, relief for violation of section 179qa of this title shall be limited to the removal of the seal of the National Film Registry from the film involved in the violation.
2Fine and injunctive relief
In the case of a pattern or practice of the willful violation of section 179qa of this title, the United States district courts may order a civil fine of not more than $10,000 and appropriate injunctive relief.
 Oct. 11, 1996,
1 - 1 - 91 Limitations of remedies
The remedies provided in section 179r of this title shall be the exclusive remedies under sections 179l to 179w of this title, or any other Federal or State law, regarding the use of the seal described in section 179ma3 of this title.
Oct. 11, 1996,
1 - 1 - 92 Staff of Board; experts and consultants
aStaff
The Librarian may appoint and fix the pay of such personnel as the Librarian considers appropriate to carry out sections 179l to 179w of this title.
bExperts and consultants
The Librarian may, in carrying out sections 179l to 179w of this title, procure temporary and intermittent services under section 3109b of title 5, but at rates for individuals not to exceed the daily equivalent of the maximum rate of basic pay payable for GS–15 of the General Schedule. In no case may a member of the Board or an alternate be paid as an expert or consultant under this section.
Oct. 11, 1996,
1 - 1 - 93 Definitions
As used in sections 179l to 179w of this title—
1
the term “Librarian” means the Librarian of Congress;
2
the term “Board” means the National Film Preservation Board;
3
the term “film” means a “motion picture” as defined in section 101 of title 17, except that such term does not include any work not originally fixed on film stock, such as a work fixed on videotape or laser disk;
4
the term “publication” means “publication” as defined in section 101 of title 17; and
5
the term “Registry version” means, with respect to a film, the version of a film first published, or as complete a version as bona fide preservation and restoration activities by the Librarian, an archivist other than the Librarian, or the copyright owner can compile in those cases where the original material has been irretrievably lost.
Oct. 11, 1996,
1 - 1 - 94 Authorization of appropriations
There are authorized to be appropriated to the Librarian for the first fiscal year beginning on or after October 11, 1996, and each succeeding fiscal year through fiscal year 2026 such sums as may be necessary to carry out the purposes of sections 179l to 179w of this title, but in no fiscal year shall such sum exceed $250,000.
Oct. 11, 1996Oct. 2, 2008,  July 29, 2016,
1 - 1 - 95 Effective date
The provisions of sections 179l to 179w of this title shall apply to any copy of any film, including those copies of films selected for inclusion in the National Film Registry under the National Film Preservation Act of 1988 and the National Film Preservation Act of 1992, except that any film so selected under either Act shall be deemed to have been selected for the National Film Registry under sections 179l to 179w of this title.
Oct. 11, 1996Apr. 27, 2005Oct. 2, 2008,
1 - 1 - 96 Legislative information retrieval system
aPurpose
The purpose of this section is to reduce the cost of information support for the Congress by eliminating duplication among systems which provide electronic access by Congress to legislative information.
b“Legislative information” defined
As used in this section, the term “legislative information” means information, prepared within the legislative branch, consisting of the text of publicly available bills, amendments, committee hearings, and committee reports, the text of the Congressional Record, data relating to bill status, data relating to legislative activity, and other similar public information that is directly related to the legislative process.
cDevelopment of single system to serve entire Congress
Pursuant to the plan approved under subsection d and consistent with the provisions of any other law, the Library of Congress or the entity designated by that plan shall develop and maintain, in coordination with other appropriate entities of the legislative branch, a single legislative information retrieval system to serve the entire Congress.
dDevelopment and approval of plan
The Library shall develop a plan for creation of this system, taking into consideration the findings and recommendations of the study directed by House Report No. 103–517 to identify and eliminate redundancies in congressional information systems. This plan must be approved by the Committee on Rules and Administration of the Senate, the Committee on House Oversight of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives. The Library shall provide these committees with regular status reports on the development of the plan.
eAvailability of information to public
In formulating its plan, the Library shall examine issues regarding efficient ways to make this information available to the public. This analysis shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives as well as the Committee on Rules and Administration of the Senate, and the Committee on House Oversight of the House of Representatives for their consideration and possible action.
Nov. 19, 1995,
1 - 1 - 97  Program for exchange of information among legislative branch agencies
a
On September 16, 1996, there shall be established a program for providing the widest possible exchange of information among legislative branch agencies with the long-range goal of improving information technology planning and evaluation. The Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate are requested to determine the structure and operation of this program and to provide appropriate oversight. All of the appropriate offices and agencies of the legislative branch as defined below shall participate in this program for information exchange, and shall report annually on the extent and nature of their participation in their budget submissions to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate.
bAs used in this section—
1
the term “offices and agencies of the legislative branch” means, the office of the Clerk of the House, the office of the Secretary of the Senate, the office of the Architect of the Capitol, the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Congressional Research Service, the Congressional Budget Office, the Chief Administrative Officer of the House of Representatives, and the Sergeant at Arms of the Senate; and
2
the term “technology” refers to any form of computer hardware and software; computer-based systems, services, and support for the creation, processing, exchange, and delivery of information; and telecommunications systems, and the associated hardware and software, that provide for voice, data, or image communication.
Sept. 16, 1996, July 7, 2004Dec. 16, 2014,
1 - 1 - 98 Cooperative Acquisitions Program Revolving Fund
aEstablishment
Effective October 1, 1997, there is established in the Treasury of the United States a revolving fund to be known as the Cooperative Acquisitions Program Revolving Fund in this section referred to as the “revolving fund”. Moneys in the revolving fund shall be available to the Librarian of Congress, without fiscal year limitation, for financing the cooperative acquisitions program in this section referred to as the “program” under which the Library acquires foreign publications and research materials on behalf of participating institutions on a cost-recovery basis. Obligations under the revolving fund are limited to amounts specified in the appropriations Act for that purpose for any fiscal year.
bAmounts depositedThe revolving fund shall consist of—
1
any amounts appropriated by law for the purposes of the revolving fund;
2
any amounts held by the Librarian as of October 1, 1997 or October 7, 1997, whichever is later, that were collected as payment for the Library’s indirect costs of the program; and
3
the difference between A the total value of the supplies, equipment, gift fund balances, and other assets of the program, and B the total value of the liabilities including unfunded liabilities such as the value of accrued annual leave of employees of the program.
cCredits to revolving fund
The revolving fund shall be credited with all advances and amounts received as payment for purchases under the program and services and supplies furnished to program participants, at rates estimated by the Librarian to be adequate to recover the full direct and indirect costs of the program to the Library over a reasonable period of time.
dUnobligated balances
Any unobligated and unexpended balances in the revolving fund that the Librarian determines to be in excess of amounts needed for activities financed by the revolving fund, shall be deposited in the Treasury of the United States as miscellaneous receipts. Amounts needed for activities financed by the revolving fund means the direct and indirect costs of the program, including the costs of purchasing, shipping, binding of books and other library materials; supplies, materials, equipment and services needed in support of the program; salaries and benefits; general overhead; and travel.
eAudit
The revolving fund shall be subject to audit by the Comptroller General at the Comptroller General’s discretion.
Oct. 7, 1997,  Dec. 26, 2007
1 - 1 - 99 Revolving fund for duplication services associated with audiovisual conservation center
aEstablishment
There is hereby established in the Treasury a revolving fund for duplication and delivery services provided by the Librarian of Congress hereafter in sections 182a to 182d of this title referred to as the “Librarian” which are associated with the national audiovisual conservation center established under the Act entitled “An Act to authorize acquisition of certain real property for the Library of Congress, and for other purposes”, approved December 15, 1997 Public Law 105–1442 U.S.C. 141 note.
bFees for services
The Librarian may charge a fee for providing services described in subsection a, and shall deposit any such fees charged into the revolving fund under this section.
cContents of fund
1In generalThe revolving fund under this section shall consist of the following amounts:
A
Amounts deposited by the Librarian under subsection b.
B
Any other amounts received by the Librarian which are attributable to the services described in subsection a.
C
Amounts deposited by the Librarian under paragraph 2.
D
Such other amounts as may be appropriated under law.
2Deposit of funds during transitionThe Librarian shall transfer to the revolving fund under this section the following:
A
Any obligated, unexpended balances existing as of the date of the transfer which are attributable to the services described in subsection a.
BAn amount equal to the difference as of such date between—
i
the total value of the supplies, inventories, equipment, gift fund balances, and other assets attributable to such services; and
ii
the total value of the liabilities attributable to such services.
dUse of amounts in fund
Amounts in the revolving fund under this section shall be available to the Librarian, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out the services described in subsection a.
 Nov. 9, 2000,  Nov. 12, 2001,
1 - 1 - 100  Revolving fund for gift shop, decimal classification, photo duplication, and related services
aEstablishmentThere is hereby established in the Treasury a revolving fund for the following programs and activities of the Librarian:
1
Decimal classification development.
2
The operation of a gift shop or other sales of items associated with collections, exhibits, performances, and special events of the Library of Congress.
3
Document reproduction and microfilming services.
4
Special events and programs.
bIndividual accounting requirement
A separate account shall be maintained in the revolving fund under this section with respect to the programs and activities described in each of the paragraphs of subsection a.
cFees for services
The Librarian may charge a fee for services under any of the programs and activities described in subsection a, and shall deposit any such fees charged into the account of the revolving fund under this section for such program or activity.
dContents of accounts in fund
1In generalEach account of the revolving fund under this section shall consist of the following amounts:
A
Amounts deposited by the Librarian under subsection c.
B
Any other amounts received by the Librarian which are attributable to the programs and activities covered by such account.
C
Amounts deposited by the Librarian under paragraph 2.
D
Such other amounts as may be appropriated under law.
2Deposit of funds during transitionThe Librarian shall transfer to each account of the revolving fund under this section the following:
A
Any obligated, unexpended balances existing as of the date of the transfer which are attributable to the programs and activities covered by such account.
BAn amount equal to the difference as of such date between—
i
the total value of the supplies, inventories, equipment, gift fund balances, and other assets attributable to such programs and activities; and
ii
the total value of the liabilities attributable to such programs and activities.
eUse of amounts
1In general
Except as provided in paragraph 2, amounts in the accounts of the revolving fund under this section shall be available to the Librarian, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out the programs and activities covered by such accounts.
2Special rule for payments for certain Capitol Police services
In the case of any amount in the revolving fund consisting of a payment received for services of the United States Capitol Police in connection with a special event or program described in subsection a4, the Librarian shall transfer such amount upon receipt to the Capitol Police for deposit into the applicable appropriations accounts of the Capitol Police.
Nov. 9, 2000,Nov. 12, 2001,Dec. 26, 2007Jan. 7, 2008Mar. 4, 2010
1 - 1 - 101  Revolving fund for FEDLINK program and Federal Research program
aEstablishment
There is hereby established in the Treasury a revolving fund for the Federal Library and Information Network program hereafter in sections 182a to 182d of this title referred to as the “FEDLINK program” of the Library of Congress as described in subsection f1 and the Federal Research program of the Library of Congress as described in subsection f2.
bIndividual accounting requirement
A separate account shall be maintained in the revolving fund under this section with respect to the programs described in subsection a.
cFees for services
1In general
The Librarian may charge a fee for services under the FEDLINK program and the Federal Research program, and shall deposit any such fees charged into the account of the revolving fund under this section for such program.
2Advances of fundsParticipants in the FEDLINK program and the Federal Research program shall pay for products and services of the program by advance of funds—
A
if the Librarian determines that amounts in the Revolving Fund [1] are otherwise insufficient to cover the costs of providing such products and services; or
B
upon agreement between participants and the Librarian.
dContents of fund
1In generalEach account of the revolving fund under this section shall consist of the following amounts:
A
Amounts deposited by the Librarian under subsection c.
B
Any other amounts received by the Librarian which are attributable to the program covered by such account.
C
Amounts deposited by the Librarian under paragraph 2.
D
Such other amounts as may be appropriated under law.
2Deposit of funds during transitionNotwithstanding section 1535d of title 31, the Librarian shall transfer to the appropriate account of the revolving fund under this section the following:
A
Any obligated, unexpended balances existing as of the date of the transfer which are attributable to the FEDLINK program or the Federal Research program.
BAn amount equal to the difference as of such date between—
i
the total value of the supplies, inventories, equipment, gift fund balances, and other assets attributable to such program; and
ii
the total value of the liabilities attributable to such program.
eUse of amounts in fund
Amounts in the accounts of the revolving fund under this section shall be available to the Librarian, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out the program covered by each such account.
fPrograms described
1FEDLINKIn this section, the “FEDLINK program” is the program of the Library of Congress under which the Librarian provides the following services on behalf of participating Federal libraries, Federal information centers, other entities of the Federal Government, and the District of Columbia:
A
The procurement of commercial information services, publications in any format, and library support services.
B
Related accounting services.
C
Related education, information, and support services.
2Federal Research program
In this section, the “Federal Research program” is the program of the Library of Congress under which the Librarian provides research reports, translations, and analytical studies for entities of the Federal Government and the District of Columbia other than any program of the Congressional Research Service.
Nov. 9, 2000
1 - 1 - 102 Audits by Comptroller General
Each of the revolving funds established under sections 182a to 182d of this title shall be subject to audit by the Comptroller General at the Comptroller General’s discretion.
Nov. 9, 2000
1 - 1 - 103 Library of Congress National Collection Stewardship Fund
aEstablishment
There is hereby established in the Treasury of the United States, as an account for the Librarian of Congress, the “Library of Congress National Collection Stewardship Fund” hereafter in this section referred to as the “Fund”.
bContents of FundThe Fund shall consist of the following amounts:
1
[1] Such amounts as may be transferred by the Librarian from available amounts appropriated for any fiscal year for the Library of Congress under the heading “Salaries and Expenses”.
cUse of amountsAmounts in the Fund may be used by the Librarian as follows:
1
The Librarian may use amounts directly for the purpose of preparing collection materials of the Library of Congress for long-term storage.
2
The Librarian may transfer amounts to the Architect of the Capitol for the purpose of designing, constructing, altering, upgrading, and equipping collections preservation and storage facilities for the Library of Congress, or for the purpose of acquiring real property by lease for the preservation and storage of Library of Congress collections in accordance with section 1823a of this title.
dContinuing availability of funds
Any amounts in the Fund shall remain available until expended.
eAnnual report
Not later than 180 days after the end of each fiscal year, the Librarian shall submit a joint report on the Fund to the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and Senate.
fInitial 5–year plan
Not later than 6 months after May 5, 2017, the Librarian shall submit to the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and Senate a report providing a plan for expenditures from the Fund for the first 5 fiscal years of the Fund’s operation.
gNotification of transfers
Prior to any transfer into the Fund, the Librarian shall notify the Joint Committee on the Library and the Committees on Appropriations of the House and the Senate of the amount and origin of funds to be transferred.
hEffective date
This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year.

May 5, 2017,
1 - 1 - 104 Written history of the House of Representatives
aIn general
Subject to available funding and in accordance with the requirements of this section and section 183a of this title, the Librarian of Congress shall prepare, print, distribute, and arrange for the funding of, a new and complete written history of the House of Representatives, in consultation with the Committee on House Administration. In preparing this written history, the Librarian of Congress shall consult, commission, or engage the services or participation of, eminent historians, Members, and former Members of the House of Representatives.
bGuidelinesIn carrying out subsection a, the Librarian of Congress shall take into account the following:
1
The history should be an illustrated, narrative history of the House of Representatives, organized chronologically.
2
The history’s intended audience is the general reader, as well as Members of Congress and their staffs.
3
The history should include a discussion of the First and Second Continental Congresses and the Constitutional Convention, especially with regard to their roles in creating the House of Representatives.
cPrinting
1In general
The Librarian of Congress shall arrange for the printing of the history.
2Printing arrangementsThe printing may be performed—
A
by the Director of the Government Publishing Office pursuant to the provisions of chapter 5 of title 44;
B
under a cooperative arrangement among the Librarian of Congress, a private funding source obtained pursuant to subsection e, and a publisher in the private sector; or
C
under subparagraphs A and B.
3Internet dissemination
Any arrangement under paragraph 2 shall include terms for dissemination of excerpts of the history over the Internet via facilities maintained by the United StatesGovernment.
4Member copies
To the extent that the history is printed by the Director of the Government Publishing Office, copies of the history provided to the Congress under subsection d shall be charged to the Government Publishing Office’s congressional allotment for printing and binding.
dDistribution
The Librarian of Congress shall make the history available for sale to the public, and shall make available, free of charge, 5 copies to each Member of the House of Representativesand 250 copies to the Senate.
ePrivate funding
The Librarian of Congress shall solicit and accept funding for the preparation, publication, marketing, and public distribution of the history from private individuals, organizations, or entities.
Nov. 12, 1999Feb. 20, 2003,Dec. 16, 2014
1 - 1 - 105 Oral history of the House of Representatives
aIn general
The Librarian of Congress shall accept for deposit, preserve, maintain, and make accessible an oral history of the House of Representatives, as told by its Members and former Members, compiled and updated on a voluntary or contract basis by the United States Association of Former Members of Congress or other private organization. In carrying out this section, the Librarian of Congress may enlist the voluntary aid or assistance of such organization, or may contract with it for such services as may be necessary.
bDefinition of oral historyIn this section, the term “oral history” means a story or history consisting of personal recollection as recorded by any one or more of the following means:
1
Interviews.
2
Transcripts.
3
Audio recordings.
4
Video recordings.
5
Such other form or means as may be suitable for the recording and preservation of such information.
Nov. 12, 1999
1 - 1 - 106  Incorporation of digital collections into educational curricula
aShort title
This section may be cited as the “Library of Congress Digital Collections and Educational Curricula Act of 2005”.
bProgram
The Librarian of Congress shall administer a program to teach educators and librarians how to incorporate the digital collections of the Library of Congress into educational curricula.
cEducational consortiumIn administering the program under this section, the Librarian of Congress may—
1
establish an educational consortium to support the program; and
2
make funds appropriated for the program available to consortium members, educational institutions, and libraries.
dAuthorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2006 and each fiscal year thereafter.
 Aug. 2, 2005,
1 - 1 - 107  Inspector General of the Library of Congress
aShort title
This section may be cited as the “Library of Congress Inspector General Act of 2005”.
bOffice of Inspector GeneralThere is an Office of Inspector General within the Library of Congress which is an independent objective office to—
1
conduct and supervise audits and investigations excluding incidents involving violence and personal property relating to the Library of Congress, except that nothing in this paragraph may be construed to authorize the Inspector General to audit or investigate any operations or activities of the United States Capitol Police;
2
provide leadership and coordination and recommend policies to promote economy, efficiency, and effectiveness; and
3
provide a means of keeping the Librarian of Congress and the Congress fully and currently informed about problems and deficiencies relating to the administration and operations of the Library of Congress.
cAppointment of Inspector General; supervision; removal
1Appointment and supervision
AIn general
There shall be at the head of the Office of Inspector General, an Inspector General who shall be appointed by the Librarian of Congress without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. The Inspector General shall report to, and be under the general supervision of, the Librarian of Congress.
BAudits, investigations, and reportsThe Librarian of Congress shall have no authority to prevent or prohibit the Inspector General from—
i
initiating, carrying out, or completing any audit or investigation;
ii
issuing any subpoena during the course of any audit or investigation; or
iii
issuing any report.
2Removal
The Inspector General may be removed from office by the Librarian of Congress. The Librarian of Congress shall, promptly upon such removal, communicate in writing the reasons for any such removal to each House of the Congress.
dDuties, responsibilities, authority, and reports
1In generalSections 45 other than subsections [1] a13, 6a other than paragraphs 7 and 8 thereof, and 7 of the Inspector General Act of 1978 5 U.S.C. App. shall apply to the Inspector General of the Library of Congress and the Office of such Inspector General and such sections shall be applied to the Library of Congress and the Librarian of Congress by substituting—
A
“Library of Congress” for “establishment”; and
B
“Librarian of Congress” for “head of the establishment”.
2Employees
The Inspector General, in carrying out the provisions of this section, is authorized to select, appoint, and employ such officers and employees including consultants as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General subject to the provisions of law governing selections, appointments, and employment in the Library of Congress.
eTransfers
All functions, personnel, and budget resources of the Office of Investigations of the Library of Congress are transferred to the Office of Inspector General.
fIncumbent
The individual who serves in the position of Inspector General of the Library of Congress on August 2, 2005, shall continue to serve in that position, subject to removal in accordance with this section.
gReferences
References in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Inspector General of the Library of Congress shall be deemed to refer to the Inspector General of the Library of Congress as set forth under this section.
hEffective date
This section shall be effective on August 2, 2005.

Aug. 2, 2005 Dec. 26, 2007,  Jan. 7, 2008, Mar. 4, 2010
 
2 - 6 CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS §§ 190 to 199
1 - 1 - 1 Legislative review by standing committees of the Senate and the House of Representatives
(a)Scope of assistanceIn order to assist the Congress in—
(1)
its analysis, appraisal, and evaluation of the application, administration, and execution of the laws enacted by the Congress, and
(2)
its formulation, consideration, and enactment of such modifications of or changes in those laws, and of such additional legislation, as may be necessary or appropriate,
each standing committee of the Senate[1] and the House of Representatives shall review and study, on a continuing basis, the application, administration, and execution of those laws, or parts of laws, the subject matter of which is within the jurisdiction of that committee. Such committees may carry out the required analysis, appraisal, and evaluation themselves, or by contract, or may require a Government agency to do so and furnish a report thereon to the Congress. Such committees may rely on such techniques as pilot testing, analysis of costs in comparison with benefits, or provision for evaluation after a defined period of time.
(b)Reports to the Senate and the House of Representatives

In each odd-numbered year beginning on or after January 1, 1973, each standing committee of the Senate shall submit, not later than March 31, to the Senate,1 and each standing committee of the House shall submit, not later than January 2, to the House, a report on the activities of that committee under this section during the Congress ending at noon on January 3 of such year.

(c)Exceptions

The preceding provisions of this section do not apply to the Committees on Appropriations and the Budget of the Senate 1 and the Committees on Appropriations, the Budget, House Oversight, Rules, and Standards of Official Conduct of the House.


Aug. 2, 1946,  Oct. 26, 1970Oct. 11, 1971,  July 12, 1974Aug. 20, 1996
1 - 1 - 2 General appropriation bills
(a)Repealed. Pub. L. 91–510, title I, § 108(d), Oct. 26, 197084 Stat. 1149
(b)Standard appropriation classification schedule

The Committees on Appropriations of the two Houses [1] are authorized and directed, acting jointly, to develop a standard appropriation classification schedule which will clearly define in concise and uniform accounts the subtotals of appropriations asked for by agencies in the executive branch of the Government. That part of the printed hearings containing each such agency’s request for appropriations shall be preceded by such a schedule.

(c)Nonconsideration if a provision reappropriates unexpended balances

No general appropriation bill or amendment thereto shall be received or considered in either House 1 if it contains a provision reappropriating unexpended balances of appropriations; except that this provision shall not apply to appropriations in continuation of appropriations for public works on which work has commenced.

(ch. 753, title I, § 139(a), (b), (c), 60 Stat. 833Pub. L. 91–510, title I, § 108(d), Oct. 26, 197084 Stat. 1149.)


Aug. 2, 1946,
1 - 1 - 3  Nonconsideration of certain private bills and resolutions

No private bill or resolution (including so-called omnibus claims or pension bills), and no amendment to any bill or resolution, authorizing or directing (1) the payment of money for property damages, for personal injuries or death for which suit may be instituted under the Federal Tort Claims Act, or for a pension (other than to carry out a provision of law or treaty stipulation); (2) the construction of a bridge across a navigable stream; or (3) the correction of a military or naval record, shall be received or considered in either the Senate [1] or the House of Representatives.


Aug. 2, 1946,
1 - 1 - 4 Private claims pending before Congress; taking of testimony

Any committee of either House of Congress before which any private claim against the United States may at any time be pending, being first thereto authorized by the House appointing them, may order testimony to be taken, and books and papers to be examined, and copies thereof proved, before any standing master in chancery within the judicial district where such testimony or evidence is to be taken. Such master in chancery, upon receiving a copy of the order of such committee, signed by its chairman, setting forth the time and place when and where such examination is to be had, the questions to be investigated, and, so far as may be known to the committee, the names of the witnesses to be examined on the part of the United States, and the general nature of the books, papers, and documents to be proved, if known, shall proceed to give to such private parties reasonable notice of the time and place of such examination, unless such notice shall have been or shall be given by such committee or its chairman, or by the attorney or agent of the United States, or waived by such private party. And such master shall issue subpoenas for such witnesses as may have been named in the order of such committee, and such others as the agent or other representative of the United States hereinafter mentioned shall request. And he shall also issue subpoenas at the request of such private party, or parties, for such witnesses within such judicial district as they may desire: Provided, That the United States shall not be liable for the fees of any officer for serving any subpoena for any private party, nor for the fees of any witness on behalf of such party. Said committee may inform the United States attorney for the district where the testimony is to be taken of the time, place, and object of such examination, and request his attendance in behalf of the Government in conducting such examination, in which case it shall be his duty to attend in person, or by an assistant employed by him, to conduct such examination on the part of the United States, or such committee may, at its option, appoint an agent or attorney, or one of its own members, for that purpose, as they may deem best; and in that event, if the committee shall not be unanimous, the minority of the committee may also appoint such agent or attorney or member of such committee to attend and take part in such examination.

Feb. 3, 1879, Mar. 3, 1911, June 25, 1948,
1 - 1 - 5 Subpoena for taking testimony; compensation of officers and witnesses; return of depositions

It shall be the duty of the marshal of the United States for the district in which the testimony is to be taken to serve, or cause to be served, all subpoenas issued in behalf of the United States under this section and section 190l of this title, in the same manner as if issued by the district court for his district; and he shall, upon being first paid his fees therefor, serve any subpoenas that may be issued at the instance of such private party or parties. And the said master may, in his discretion, appoint any other person to serve any subpoena. Such master shall have full power to administer oaths to witnesses, and the same power to issue attachments to compel the attendance of witnesses and the production of books, papers, and documents, as the district court of his district would have in a case pending before it; and it shall be his duty to report the conduct of contumacious witnesses before him to the House of Congress appointing such committee. The compensation of such master in chancery, and the fees of marshals and deputy marshals, and of any person appointed to serve papers, shall be the same as for like services in equity cases in the district court of the United States; and the compensation of witnesses shall be the same as for like attendance and travel of witnesses before such district courts; and all such fees and compensation of officers and witnesses on behalf of the United States, and other expenses of all investigations which may be had under the provisions of this section and section 190l of this title on the part of the United States, shall be paid out of the contingent fund of the Senate, in the case of a committee of the Senate, or the applicable accounts of the House of Representatives, in the case of a committee of the House of Representatives. Said master, when the examination is concluded, shall attach together all the depositions and exhibits, and attach thereto his certificate setting forth or referring to the authority by which they were taken, any notices he may have given, the names of the witnesses for whom subpoenas or attachments were issued, the names of witnesses who attended, with the time of attendance and mileage and fees of each witness on behalf of the United States, which he may require to be shown by affidavit, his own fees, the fees of the marshal, his deputies or other persons serving papers, giving the items, and such other facts in relation to the circumstances connected with the taking of the depositions as he may deem material. He shall then seal up such depositions and papers securely, direct them to the chairman of such committee at Washington, stating briefly on the outside the nature of the contents, and place the same in the post office, paying the postage thereon; and said package shall be opened only in the presence of such committee. The chairman of any committee ordering testimony to be taken under this section and section 190l of this title shall, at least ten days before the time fixed for such examination, and within two days after the adoption of such order, cause a copy thereof to be directed and delivered to the Attorney General of the United States, or sent to him by mail at the Department of Justice, to enable him to give such instructions as he may deem best to the United States attorney of the district where such testimony is to be taken, who may, and, if required by the Attorney General, shall, though not requested by the committee, appear for the United States in person or by assistant, and take such part in such examination as the Attorney General shall direct.

Feb. 3, 1879, Mar. 3, 1911, June 25, 1948, Aug. 20, 1996
1 - 1 - 6  Oaths to witnesses

The President of the Senate, the Speaker of the House of Representatives, or a chairman of any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or of a committee of the whole, or of any committee of either House of Congress, is empowered to administer oaths to witnesses in any case under their examination.

Any member of either House of Congress may administer oaths to witnesses in any matter depending in either House of Congress of which he is a Member, or any committee thereof.

June 26, 1884, June 22, 1938,
1 - 1 - 7  Refusal of witness to testify or produce papers

Every person who having been summoned as a witness by the authority of either House of Congress to give testimony or to produce papers upon any matter under inquiry before either House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee of either House of Congress, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than $1,000 nor less than $100 and imprisonment in a common jail for not less than one month nor more than twelve months.

June 22, 1938,
1 - 1 - 8  Privilege of witnesses

No witness is privileged to refuse to testify to any fact, or to produce any paper, respecting which he shall be examined by either House of Congress, or by any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or by any committee of either House, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous.

June 22, 1938,
1 - 1 - 9 Certification of failure to testify or produce; grand jury action

Whenever a witness summoned as mentioned in section 192 of this title fails to appear to testify or fails to produce any books, papers, rec­ords, or documents, as required, or whenever any witness so summoned refuses to answer any question pertinent to the subject under inquiry before either House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee or subcommittee of either House of Congress, and the fact of such failure or failures is reported to either House while Congress is in session or when Congress is not in session, a statement of fact constituting such failure is reported to and filed with the President of the Senate or the Speaker of the House, it shall be the duty of the said President of the Senate or Speaker of the House, as the case may be, to certify, and he shall so certify, the statement of facts aforesaid under the seal of the Senate or House, as the case may be, to the appropriate United States attorney, whose duty it shall be to bring the matter before the grand jury for its action.

July 13, 1936, June 22, 1938,
1 - 1 - 10  Request by Congressional committees to officers or employees of Federal departments, agencies, etc., concerned with foreign countries or multilateral organizations for expression of views and opinions

Upon the request of a committee of either House of Congress, a joint committee of Congress, or a member of such committee, any officer or employee of the Department of State, the Agency for International Development, or any other department, agency, or independent establishment of the United States Government primarily concerned with matters relating to foreign countries or multilateral organizations may express his views and opinions, and make recommendations he considers appropriate, if the request of the committee or member of the committee relates to a subject which is within the jurisdiction of that committee.

 July 13, 1972,  Oct. 18, 1973,  Oct. 21, 1998
1 - 1 - 11  Fees of witnesses in District of Columbia

Witnesses residing in the District of Columbia and not in the service of the government of said District or of the United States, who shall be summoned to give testimony before any committee of the House of Representatives, shall not be allowed exceeding $2 for each day’s attendance before said committee.

May 1, 1876,
1 - 1 - 12 Restriction on payment of witness fees or travel and subsistence expenses to persons sub­penaed by Congressional committees

No part of any appropriation disbursed by the Secretary of the Senate shall be available on and after July 12, 1960, for the payment to any person, at the time of the service upon him of a subpena requiring his attendance at any inquiry or hearing conducted by any committee of the Congress or of the Senate or any subcommittee of any such committee, of any witness fee or any sum of money as an advance payment of any travel or subsistence expense which may be incurred by such person in responding to that subpena.

July 12, 1960
1 - 1 - 13 Fees for witnesses requested to appear before Majority Policy Committee or Minority Policy Committee

Witnesses residing in the District of Columbia and not in the service of the government of said District or of the United States, who shall be summoned to give testimony before any committee of the House of Representatives, shall not be allowed exceeding $2 for each day’s attendance before said committee.

May 1, 1876,
1 - 1 - 14 Senate resolutions for investigations; limit of cost

Senate resolutions providing for inquiries and investigations shall contain a limit of cost of such investigation, which limit shall not be exceeded except by vote of the Senate authorizing additional amounts.

Mar. 3, 1926,
1 - 1 - 15  Compensation of employees

The rate of compensation for any position under the appropriations now available for, or hereafter made for, expenses of inquiries and investigations of the Senate or expenses of special and select committees of the House of Representatives shall not exceed the rates fixed under chapter 51 and subchapter III of chapter 53 of title 5, for positions with comparable duties; and the salary limitations of $3,600 attached to appropriations heretofore made for expenses of inquiries and investigations of the Senate or for expenses of special and select committees of the House of Representatives are repealed.

Feb. 9, 1937, Oct. 28, 1949,
1 - 1 - 16 Adjournment
(a)Unless otherwise provided by the Congress, the two Houses shall—
(1)
adjourn sine die not later than July 31 of each year; or
(2)
in the case of an odd-numbered year, provide, not later than July 31 of such year, by concurrent resolution adopted in each House by roll-call vote, for the adjournment of the two Houses from that Friday in August which occurs at least thirty days before the first Monday in September (Labor Day) of such year to the second day after Labor Day.
(b)
This section shall not be applicable in any year if on July 31 of such year a state of war exists pursuant to a declaration of war by the Congress.
Aug. 2, 1946, Oct. 26, 1970
1 - 1 - 17 Member of commission, board, etc., appointed by President pro tempore of Senate; recommendation process; applicability
(a)Any provision of law which provides that any member of a commission, board, committee, advisory group, or similar body is to be appointed by the President pro tempore of the Senate shall be construed to require that the appointment be made—
(1)
upon recommendation of the Majority Leader of the Senate, if such provision of law specifies that the appointment is to be made on the basis of the appointee’s affiliation with the majority political party,
(2)
upon the recommendation of the Minority Leader of the Senate, if such provision of law specifies that the appointment is to be made on the basis of the appointee’s affiliation with the minority party, and
(3)
upon the joint recommendation of the Majority Leader of the Senate and the Minority Leader of the Senate, if such provision of law does not specify that the appointment is to be made on the appointee’s affiliation with the majority or minority political party.
(b)
The provisions of subsection (a) shall be applicable in the case of appointments made after December 22, 1980, pursuant to provisions of law enacted on, before, and after, December 22, 1980.
Dec. 22, 1980,
 
2 - 7  CONTESTED ELECTIONS § 201
Repealed
 
2 - 8  FEDERAL CORRUPT PRACTICES §§ 241 to 252
Repealed
 
2 - 9 REGULATION OF LOBBYING § 261
Repealed
 
2 - 10 OFFICE OF LEGISLATIVE COUNSEL §§ 271 to 282e
1 - 1 - 1 SENATE §§ 271 to 277
1 - 1 - 1 - 1 Establishment

There shall be in the Senate an office to be known as the Office of the Legislative Counsel, and to be under the direction of the Legislative Counsel of the Senate.


Feb. 24, 1919, June 2, 1924,
1 - 1 - 1 - 2 Legislative Counsel

The Legislative Counsel shall be appointed by the President pro tempore of the Senate, without reference to political affiliations and solely on the ground of fitness to perform the duties of the office.

Feb. 24, 1919, June 2, 1924, Sept. 20, 1941,
1 - 1 - 1 - 3 Compensation

The Legislative Counsel of the Senate shall be paid at an annual rate of compensation of $40,000.

Feb. 24, 1919, June 2, 1924, June 18, 1940, Sept. 20, 1941,Oct. 15, 1949, Aug. 5, 1955, July 1, 1957, Aug. 14, 1964Aug. 13, 1974,  July 25, 1975
1 - 1 - 1 - 4 Staff; office equipment and supplies

The Legislative Counsel shall, subject to the approval of the President pro tempore of the Senate, employ and fix the compensation of such Assistant Counsel, clerks, and other employees, and purchase such furniture, office equipment, books, stationery, and other supplies, as may be necessary for the proper performance of the duties of the Office and as may be appropriated for by Congress.

Feb. 24, 1919,June 2, 1924, Sept. 20, 1941,
1 - 1 - 1 - 5  Functions

The Office of the Legislative Counsel shall aid in drafting public bills and resolutions or amendments thereto on the request of any committee of the Senate but the Committee on Rules and Administration of the Senate may determine the preference, if any, to be given to such requests of the committees. The Legislative Counsel shall, from time to time, prescribe rules and regulations for the conduct of the work of the Office for the committees, subject to the approval of such Committee on Rules and Administration.

Feb. 24, 1919, June 2, 1924, Aug. 2, 1946,
1 - 1 - 1 - 6 Disbursement of appropriations

All appropriations for the Office of the Legislative Counsel shall be disbursed by the Secretary of the Senate.

Feb. 24, 1919, June 2, 1924,
1 - 1 - 1 - 7 Expenditures

With the approval of the President Pro Tempore of the Senate, the Legislative Counsel of the Senate may make such expenditures as may be necessary or appropriate for the functioning of the Office of the Legislative Counsel of the Senate.

July 14, 1983,
1 - 1 - 1 - 8 Travel and related expenses

Funds expended by the Legislative Counsel of the Senate for travel and related expenses shall be subject to the same regulations and limitations (insofar as they are applicable) as those which the Senate Committee on Rules and Administration prescribes for application to travel and related expenses for which payment is authorized to be made from the contingent fund of the Senate.

 July 14, 1983
1 - 1 - 2 HOUSE OF REPRESENTATIVES §§ 281 to 282e
1 - 1 - 1 - 1 Purpose, Policy, and Function §§ 281 to 281b
1 - 1 - 1 - 1 - 1  Establishment
There is established in the House of Representatives an office to be known as the Office of the Legislative Counsel, referred to hereinafter in this subchapter as the “Office”.
Oct. 26, 1970
1 - 1 - 1 - 1 - 2 Purpose and policy
The purpose of the Office shall be to advise and assist the House of Representatives, and its committees and Members, in the achievement of a clear, faithful, and coherent expression of legislative policies. The Office shall maintain impartiality as to issues of legislative policy to be determined by the House of Representatives, and shall not advocate the adoption or rejection of any legislation except when duly requested by the Speaker or a committee to comment on a proposal directly affecting the functions of the Office. The Office shall maintain the attorney-client relationship with respect to all communications between it and any Member or committee of the House.
Oct. 26, 1970
1 - 1 - 1 - 1 - 3 Functions
The functions of the Office shall be as follows:
1
Upon request of the managers on the part of the House at any conference on the disagreeing votes of the two Houses, to advise and assist the managers on the part of the House in the course of the conference, and to assist the committee of conference in the preparation of the conference report and any accompanying explanatory statement.
2
Upon request of any committee of the House, or any joint committee having authority to report legislation to the House, to advise and assist the committee in the consideration of any legislation before it, and to assist the committee in the preparation of drafts of any such legislation, amendments thereto, and reports thereon.
3
Upon request of any Member having control of time during the consideration of any legislation by the House, to have in attendance on the floor of the House not more than two members of the staff of the Office and, in his discretion, the Legislative Counsel to advise and assist such Member and, to the extent feasible, any other Member, in the course of such consideration.
4
Upon request of any Member, subject to such reasonable restrictions as the Legislative Counsel may impose with the approval of the Speaker on the proportion of the resources of the Office which may be devoted to the requests of any one Member, to prepare drafts of legislation and to furnish drafting advice with respect to drafts of legislation prepared by others.
5
At the direction of the Speaker, to perform on behalf of the House of Representatives any legal services which are within the capabilities of the Office and the performance of which would not be inconsistent with the provisions of section 281a of this title or the preceding provisions of this section.
 Oct. 26, 1970,
1 - 1 - 1 - 2 Administration §§ 282 to 282e
1 - 1 - 1 - 1 - 1 Legislative Counsel

The management, supervision, and administration of the Office are vested in the Legislative Counsel, who shall be appointed by the Speaker of the House of Representatives without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed shall serve at the pleasure of the Speaker.

Oct. 26, 1970,
1 - 1 - 1 - 1 - 2 Staff; Deputy Legislative Counsel; delegation of functions
(a)
With the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker, the Legislative Counsel shall appoint such attorneys and other employees as may be necessary for the prompt and efficient performance of the functions of the Office. Any such appointment shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed may be removed by the Legislative Counsel with the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker.
(b)
(1)
One of the attorneys appointed under subsection (a) shall be designated by the Legislative Counsel as Deputy Legislative Counsel. During the absence or disability of the Legislative Counsel, or when the office is vacant, the Deputy Legislative Counsel shall perform the functions of the Legislative Counsel.
(2)
The Legislative Counsel may delegate to the Deputy Legislative Counsel and to other employees appointed under subsection (a) such of his functions as he considers necessary or appropriate.

Oct. 26, 1970,  July 9, 1971,
1 - 1 - 1 - 1 - 3 Compensation
(a)
The Legislative Counsel shall be paid at a per annum gross rate equal to the rate of basic pay, as in effect from time to time, for level III of the Executive Schedule of section 5314 of title 5.
(b)
Members of the staff of the Office other than the Legislative Counsel shall be paid at per annum gross rates fixed by the Legislative Counsel with the approval of the Speaker or in accordance with policies approved by the Speaker, but not in excess of the rate of basic pay for one pay level above the maximum pay level for employees of the House of Representatives provided under clause 6(c) of Rule XI of the Rules of the House of Representatives.
 Oct. 26, 1970Aug. 5, 1977
1 - 1 - 1 - 1 - 4 Expenditures

In accordance with policies and procedures approved by the Speaker, the Legislative Counsel may make such expenditures as may be necessary or appropriate for the functioning of the Office.

Oct. 26, 1970,
1 - 1 - 1 - 1 - 5 Official mail matter

The Legislative Counsel may send the official mail matter of the Office as franked mail under section 3210 of title 39.

 Oct. 26, 1970,  July 9, 1971
1 - 1 - 1 - 1 - 6  Authorization of appropriations

There are authorized to be appropriated, for the fiscal year ending June 30, 1971, and for each fiscal year thereafter, such sums as may be necessary to carry out this subchapter and to increase the efficiency of the Office and the quality of the services which it provides.

Oct. 26, 1970,
 
2 - 11  OFFICE OF LAW REVISION COUNSEL §§ 285 to 285g
1 - 1 - 1  Establishment

There is established in the House of Representatives an office to be known as the Office of the Law Revision Counsel, referred to hereinafter in this chapter as the “Office”.

Dec. 27, 1974,
1 - 1 - 2 Purpose and policy

The principal purpose of the Office shall be to develop and keep current an official and positive codification of the laws of the United States. The Office shall maintain impartiality as to issues of legislative policy to be determined by the House.

 Dec. 27, 1974,
1 - 1 - 3 Functions
The functions of the Office shall be as follows:
(1)
To prepare, and submit to the Committee on the Judiciary one title at a time, a complete compilation, restatement, and revision of the general and permanent laws of the United States which conforms to the understood policy, intent, and purpose of the Congress in the original enactments, with such amendments and corrections as will remove ambiguities, contradictions, and other imperfections both of substance and of form, separately stated, with a view to the enactment of each title as positive law.
(2)
To examine periodically all of the public laws enacted by the Congress and submit to the Committee on the Judiciary recommendations for the repeal of obsolete, superfluous, and superseded provisions contained therein.
(3)
To prepare and publish periodically a new edition of the United States Code (including those titles which are not yet enacted into positive law as well as those titles which have been so enacted), with annual cumulative supplements reflecting newly enacted laws.
(4)
To classify newly enacted provisions of law to their proper positions in the Code where the titles involved have not yet been enacted into positive law.
(5)
To prepare and submit periodically such revisions in the titles of the Code which have been enacted into positive law as may be necessary to keep such titles current.
(6)
To prepare and publish periodically new editions of the District of Columbia Code, with annual cumulative supplements reflecting newly enacted laws, through publication of the fifth annual cumulative supplement to the 1973 edition of such Code.
(7)
To provide the Committee on the Judiciary with such advice and assistance as the committee may request in carrying out its functions with respect to the revision and codification of the Federal statutes.
 Dec. 27, 1974Aug. 14, 1976,
1 - 1 - 4 Law Revision Counsel

The management, supervision, and administration of the Office are vested in the Law Revision Counsel, who shall be appointed by the Speaker without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed shall serve at the pleasure of the Speaker.

 Dec. 27, 1974,
1 - 1 - 5 Staff; Deputy Law Revision Counsel; delegation of functions
(1)
With the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker, the Law Revision Counsel shall appoint such employees as may be necessary for the prompt and efficient performance of the functions of the Office. Any such appointment shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed may be removed by the Law Revision Counsel with the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker.
(2)
(A)
One of the employees appointed under paragraph (1) shall be designated by the Law Revision Counsel as Deputy Law Revision Counsel. During the absence or disability of the Law Revision Counsel, or when the office is vacant, the Deputy Law Revision Counsel shall perform the functions of the Law Revision Counsel.
(B)
The Law Revision Counsel may delegate to the Deputy Law Revision Counsel and to other employees appointed under paragraph (1) such of his or her functions as he or she considers necessary or appropriate.
 Dec. 27, 1974,
1 - 1 - 6 Compensation

The Law Revision Counsel shall be paid at a per annum gross rate not to exceed level IV of the Executive Schedule of section 5315 of title 5; and members of the staff of the Office other than the Law Revision Counsel shall be paid at per annum gross rates fixed by the Law Revision Counsel with the approval of the Speaker or in accordance with policies approved by the Speaker, but not in excess of a per annum gross rate equal to level V of such schedule.

 Dec. 27, 1974,
1 - 1 - 7 Expenditures

In accordance with policies and procedures approved by the Speaker, the Law Revision Counsel is authorized to make such expenditures as may be necessary or appropriate for the functioning of the Office.

 Dec. 27, 1974
1 - 1 - 8 Availability of applicable accounts of House

Until such time as funds are appropriated by law to carry out the purpose of this chapter, the applicable accounts of the House of Representatives shall be available for such purpose.

Dec. 27, 1974,  Aug. 20, 1996
 
2 - 12   LEGISLATIVE CLASSIFICATION OFFICE § 286
Repealed
 
2 - 13  OFFICE OF PARLIAMENTARIAN OF HOUSE OF REPRESENTATIVES §§ 287 to 287d
1 - 1 - 1 Establishment

There is hereby established in the House of Representatives an office to be known as the Office of the Parliamentarian, hereinafter in this chapter referred to as the “Office”.

Aug. 5, 1977
1 - 1 - 2 Parliamentarian

The management, supervision, and administration of the Office shall be vested in the Parliamentarian, who shall be appointed by the Speaker of the House of Representatives without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed shall serve at the pleasure of the Speaker.

Aug. 5, 1977
1 - 1 - 3 Staff; Deputy Parliamentarian; delegation of functions
(a)
With the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker, the Parliamentarian shall appoint such attorneys and other employeesas may be necessary for the prompt and efficient performance of the functions of the Office. Any such appointment shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed may be removed by the Parliamentarian with the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker.
(b)
(1)
One of the attorneys appointed under subsection (a) of this section shall be designated by the Parliamentarian as Deputy Parliamentarian. During the absence or disability of the Parliamentarian, or when the office is vacant, the Deputy Parliamentarian shall perform the functions of the Parliamentarian.
(2)
The Parliamentarian may delegate to the Deputy Parliamentarian and to other employees appointed under subsection (a) of this section such of the functions of the Parliamentarian as the Parliamentarian considers necessary or appropriate.
 Aug. 5, 1977
1 - 1 - 4 Compensation
(a)
The Parliamentarian shall be paid at a per annum gross rate established by the Speaker but not in excess of the rate of basic pay determined from time to time under subsection (b) of section 3 of the Speaker’s salary directive of June 11, 1968.
(b)
Members of the staff of the Office other than the Parliamentarian shall be paid at per annum gross rates fixed by the Parliamentarian with the approval of the Speaker or in accordance with policies approved by the Speaker, but not in excess of the rate of basic pay set forth in subsection (a) of this section.
Aug. 5, 1977
1 - 1 - 5  Expenditures

In accordance with policies and procedures approved by the Speaker, the Parliamentarian may make such expenditures as may be necessary or appropriate for the functioning of the Office.

Aug. 5, 1977
 
2 - 14 OFFICE OF SENATE LEGAL COUNSEL §§ 288 to 288n
1 - 1 - 1  Office of Senate Legal Counsel
(a)Establishment; appointment of Counsel and Deputy Counsel; Senate approval; reappointment; compensation
(1)
There is established, as an office of the Senate, the Office of Senate Legal Counsel (hereinafter referred to as the “Office”), which shall be headed by a Senate Legal Counsel (hereinafter referred to as the “Counsel”); and there shall be a Deputy Senate Legal Counsel (hereinafter referred to as the “Deputy Counsel”) who shall perform such duties as may be assigned to him by the Counsel and who, during any absence, disability, or vacancy in the position of the Counsel, shall serve as Acting Senate Legal Counsel.
(2)
The Counsel and the Deputy Counsel each shall be appointed by the President pro tempore of the Senate from among recommendations submitted by the majority and minority leaders of the Senate. Any appointment made under this paragraph shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person appointed as Counsel or Deputy Counsel shall be learned in the law, a member of the bar of a State or the District of Columbia, and shall not engage in any other business, vocation, or employment during the term of such appointment.
(3)
(A)
Any appointment made under paragraph (2) shall become effective upon approval by resolution of the Senate. The Counsel and the Deputy Counsel shall each be appointed for a term of service which shall expire at the end of the Congress following the Congress during which the Counsel or Deputy Counsel, respectively, is appointed except that the Senate may, by resolution, remove either the Counsel or the Deputy Counsel prior to the termination of any term of service. The Counsel and the Deputy Counsel may be reappointed at the termination of any term of service.
(B)
The first Counsel and the first Deputy Counsel shall be appointed, approved, and begin service within ninety days after January 3, 1979, and thereafter the Counsel and Deputy Counsel shall be appointed, approved, and begin service within thirty days after the beginning of the session of the Congress immediately following the termination of a Counsel’s or Deputy Counsel’s term of service or within sixty days after a vacancy occurs in either position.
(4)
The Counsel shall receive compensation at a rate equal to the annual rate of basic pay for level III of the Executive Schedule under section 5314 of title 5. The Deputy Counsel shall receive compensation at a rate equal to the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5.
(b)Assistant counsels and other personnel; compensation; appointment; removal
(1)
The Counsel shall select and fix the compensation of such Assistant Senate Legal Counsels (hereinafter referred to as “Assistant Counsels”) and of such other personnel, within the limits of available funds, as may be necessary to carry out the provisions of this chapter and may prescribe the duties and responsibilities of such personnel. The compensation fixed for each Assistant Counsel shall not be in excess of a rate equal to the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5. Any selection made under this paragraph shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any individual selected as an Assistant Counsel shall be learned in the law, a member of the bar of a State or the District of Columbia, and shall not engage in any other business, vocation, or employment during his term of service. The Counsel may remove any individual appointed under this paragraph.
(2)
For purposes of pay (other than the rate of pay of the Counsel and Deputy Counsel) and employment benefits, right, and privileges, all personnel of the Office shall be treated as employees of the Senate.
(c)Consultants

In carrying out the functions of the Office, the Counsel may procure the temporary (not to exceed one year) or intermittent services of individual consultants (including outside counsel), or organizations thereof, in the same manner and under the same conditions as a standing committee of the Senate may procure such services under section 4301(i) of this title.

(d)Policies and procedures

The Counsel may establish such policies and procedures as may be necessary to carry out the provisions of this chapter.

(e)Delegation of duties

The counsel [1] may delegate authority for the performance of any function imposed by this chapter except any function imposed upon the Counsel under section 288e(b) of this title.

(f)Attorney-client relationship

The Counsel and other employees of the Office shall maintain the attorney-client relationship with respect to all communications between them and any Member, officer, or employeeof the Senate.



Oct. 26, 1978,
1 - 1 - 2 Senate Joint Leadership Group
(a)Accountability of Office

The Office shall be directly accountable to the Joint Leadership Group in the performance of the duties of the Office.

(b)MembershipFor purposes of this chapter, the Joint Leadership Group shall consist of the following Members:
(1)
The President pro tempore (or if he so designates, the Deputy President pro tempore) of the Senate.
(2)
The majority and minority leaders of the Senate.
(3)
The Chairman and ranking minority Member of the Committee on the Judiciary of the Senate.
(4)
The Chairman and ranking minority Member of the committee of the Senate which has jurisdiction over the contingent fund of the Senate.
(c)Assistance of Secretary of Senate

The Joint Leadership Group shall be assisted in the performance of its duties by the Secretary of the Senate.

Oct. 26, 1978,
1 - 1 - 3  Requirements for authorizing representation activity
(a)Direction of Joint Leadership Group or Senate resolution

The Counsel shall defend the Senate or a committee, subcommittee, Member, officer, or employee of the Senate under section 288c of this title only when directed to do so by two-thirds of the Members of the Joint Leadership Group or by the adoption of a resolution by the Senate.

(b)Civil action to enforce subpena

The Counsel shall bring a civil action to enforce a subpena of the Senate or a committee or subcommittee of the Senate under section 288d of this title only when directed to do so by the adoption of a resolution by the Senate.

(c)Intervention or appearance

The Counsel shall intervene or appear as amicus curiae under section 288e of this title only when directed to do so by a resolution adopted by the Senate when such intervention or appearance is to be made in the name of the Senate or in the name of an officer, committee, subcommittee, or chairman of a committee or subcommittee of the Senate.

(d)Immunity proceedingsThe Counsel shall serve as the duly authorized representative in obtaining an order granting immunity under section 288f of this title of—
(1)
the Senate when directed to do so by an affirmative vote of a majority of the Members present of the Senate; or
(2)
committee or subcommittee of the Senate when directed to do so by an affirmative vote of two-thirds of the members of the full committee.
(e)Resolution recommendations

The Office shall make no recommendation with respect to the consideration of a resolution under this section.

Oct. 26, 1978,
1 - 1 - 4 Defending the Senate, committee, subcommittee, member, officer, or employee of Senate
(a)Except as otherwise provided in subsection (b), when directed to do so pursuant to section 288b(a) of this title, the Counsel shall—
(1)
defend the Senate, a committee, subcommittee, Member, officer, or employee of the Senate in any civil action pending in any court of the United States or of a State or political subdivision thereof, in which the Senate, such committee, subcommittee, Member, officer, or employee is made a party defendant and in which there is placed in issue the validity of any proceeding of, or action, including issuance of any subpena or order, taken by the Senate, or such committee, subcommittee, Member, officer, or employee in its or his official or representative capacity; or
(2)
defend the Senate or a committee, subcommittee, Member, officer, or employee of the Senate in any proceeding with respect to any subpena or order directed to the Senate or such committee, subcommittee, Member, officer, or employee in its or his official or representative capacity.
(b)
Representation of a Member, officer, or employee under subsection (a) shall be undertaken by the Counsel only upon the consent of such Member, officer, or employee.

Oct. 26, 1978,
1 - 1 - 5 Enforcement of Senate subpena or order
(a)Institution of civil actions

When directed to do so pursuant to section 288b(b) of this title, the Counsel shall bring a civil action under any statute conferring jurisdiction on any court of the United States (including section 1365 of title 28), to enforce, to secure a declaratory judgment concerning the validity of, or to prevent a threatened failure or refusal to comply with, any subpena or order issued by the Senate or a committee or a subcommittee of the Senate authorized to issue a subpena or order.

(b)Actions in name of committees and subcommittees

Any directive to the Counsel to bring a civil action pursuant to subsection (a) in the name of a committee or subcommittee of the Senate shall, for such committee or subcommittee, constitute authorization to bring such action within the meaning of any statute conferring jurisdiction on any court of the United States.

(c)Consideration of resolutions authorizing actionsIt shall not be in order in the Senate to consider a resolution to direct the Counsel to bring a civil action pursuant to subsection (a) in the name of a committee or subcommittee unless—
(1)
such resolution is reported by a majority of the members voting, a majority being present, of such committee or committee of which such subcommittee is a subcommittee, and
(2)the report filed by such committee or committee of which such subcommittee is a subcommittee contains a statement of—
(A)
the procedure followed in issuing such subpena;
(B)
the extent to which the party sub­penaed has complied with such subpena;
(C)
any objections or privileges raised by the subpenaed party; and
(D)
the comparative effectiveness of bringing a civil action under this section, certification of a criminal action for contempt of Congress, and initiating a contempt proceeding before the Senate.
(d)Rules of SenateThe provisions of subsection (c) are enacted—
(1)
as an exercise of the rulemaking power of the Senate, and, as such, they shall be considered as part of the rules of the Senate, and such rules shall supersede any other rule of the Senate only to the extent that rule is inconsistent therewith; and
(2)
with full recognition of the constitutional right of the Senate to change such rules (so far as relating to the procedure in the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.
(e)Committee reports

A report filed pursuant to subsection (c)(2) shall not be receivable in any court of law to the extent such report is in compliance with such subsection.

(f)Omitted
(g)Certification of failure to testify; contemptNothing in this section shall limit the discretion of—
(1)
the President pro tempore of the Senate in certifying to the United States Attorney for the District of Columbia any matter pursuant to section 194 of this title; or
(2)
the Senate to hold any individual or entity in contempt of the Senate.
Oct. 26, 1978June 19, 1986
1 - 1 - 6  Intervention or appearance
(a)Actions or proceedings

When directed to do so pursuant to section 288b(c) of this title, the Counsel shall intervene or appear as amicus curiae in the name of the Senate, or in the name of an officer, committee, subcommittee, or chairman of a committee or subcommittee of the Senate in any legal action or proceeding pending in any court of the United States or of a State or political subdivision thereof in which the powers and responsibilities of Congress under the Constitution of the United States are placed in issue. The Counsel shall be authorized to intervene only if standing to intervene exists under section 2 of article III of the Constitution of the United States.

(b)Notification; publication

The Counsel shall notify the Joint Leadership Group of any legal action or proceeding in which the Counsel is of the opinion that intervention or appearance as amicus curiae under subsection (a) is in the interest of the Senate. Such notification shall contain a description of the legal action or proceeding together with the reasons that the Counsel is of the opinion that intervention or appearance as amicus curiae is in the interest of the Senate. The Joint Leadership Group shall cause said notification to be published in the Congressional Record for the Senate.

(c)Powers and responsibilities of Congress

The Counsel shall limit any intervention or appearance as amicus curiae in an action or proceeding to issues relating to the powers and responsibilities of Congress.

Oct. 26, 1978
1 - 1 - 7  Immunity proceedings

When directed to do so pursuant to section 288b(d) of this title, the Counsel shall serve as the duly authorized representative of the Senate or a committee or subcommittee of the Senate in requesting a United States district court to issue an order granting immunity pursuant to section 6005 of title 18.

Oct. 26, 1978,
1 - 1 - 8 Advisory and other functions
(a)Cooperation with persons, committees, subcommittees, and officesThe Counsel shall advise, consult, and cooperate with—
(1)
the United States Attorney for the District of Columbia with respect to any criminal proceeding for contempt of Congress certified by the President pro tempore of the Senate pursuant to section 194 of this title;
(2)
the committee of the Senate with the responsibility to identify any court proceeding or action which is of vital interest to the Senate;
(3)
the Comptroller General, the Government Accountability Office, the Office of Legislative Counsel of the Senate, and the Congressional Research Service, except that none of the responsibilities and authority assigned by this chapter to the Counsel shall be construed to affect or infringe upon any functions, powers, or duties of the aforementioned;
(4)
any Member, officer, or employee of the Senate not represented under section 288c of this title with regard to obtaining private legal counsel for such Member, officer, or employee;
(5)
the President pro tempore of the Senate, the Secretary of [1] Senate, the Sergeant-at-Arms of the Senate, and the Parliamentarian of the Senate, regarding any subpena, order, or request for withdrawal of papers presented to theSenate which raises a question of the privileges of the Senate; and
(6)
any committee or subcommittee of the Senate in promulgating and revising their rules and procedures for the use of congressional investigative powers and with respect to questions which may arise in the course of any investigation.
(b)Legal research files

The Counsel shall compile and maintain legal research files of materials from court proceedings which have involved Congress, a House of Congress, an office or agency of Congress, or any committee, subcommittee, Member, officer, or employee of Congress. Public court papers and other research memoranda which do not contain information of a confidential or privileged nature shall be made available to the public consistent with any applicable procedures set forth in such rules of the Senate as may apply and the interests of the Senate.

(c)Miscellaneous duties

The Counsel shall perform such other duties consistent with the purposes and limitations of this chapter as the Senate may direct.


Oct. 26, 1978,July 7, 2004
1 - 1 - 9 Defense of certain constitutional powers
In performing any function under this chapter, the Counsel shall defend vigorously when placed in issue—
(1)
the constitutional privilege from arrest or from being questioned in any other place for any speech or debate under section 6 of article I of the Constitution of the United States;
(2)
the constitutional power of the Senate to be judge of the elections, returns, and qualifications of its own Members and to punish or expel a Member under section 5 of article I of the Constitution of the United States;
(3)
the constitutional power of the Senate to except from publication such parts of its journal as in its judgment may require secrecy;
(4)
the constitutional power of the Senate to determine the rules of its proceedings;
(5)
the constitutional power of Congress to make all laws as shall be necessary and proper for carrying into execution the constitutional powers of Congress and all other powers vested by the Constitution in the Government of the United States, or in any department or office thereof;
(6)
all other constitutional powers and responsibilities of the Senate or of Congress; and
(7)
the constitutionality of Acts and joint resolutions of the Congress.
Oct. 26, 1978
1 - 1 - 10 Representation conflict or inconsistency
(a)Notification

In the carrying out of the provisions of this chapter, the Counsel shall notify the Joint Leadership Group, and any party represented or person affected, of the existence and nature of any conflict or inconsistency between the representation of such party or person and the carrying out of any other provision of this chapter or compliance with professional standards and responsibilities.

(b)Solution; publication in Congressional Record; review

Upon receipt of such notification, the members of the Joint Leadership Group shall recommend the action to be taken to avoid or resolve the conflict or inconsistency. If such recommendation is made by a two-thirds vote, the Counsel shall take such steps as may be necessary to resolve the conflict or inconsistency as recommended. If not, the membersof the Joint Leadership Group shall cause the notification of conflict or inconsistency and recommendation with respect to resolution thereof to be published in the Congressional Record of the Senate. If the Senate does not direct the Counsel within fifteen days from the date of publication in the Record to resolve the conflict in another manner, the Counsel shall take such action as may be necessary to resolve the conflict or inconsistency as recommended. Any instruction or determination made pursuant to this subsection shall not be reviewable in any court of law.

(c)Computation of period following publicationFor purposes of the computation of the fifteen day period in subsection (b)—
(1)
continuity of session is broken only by an adjournment of Congress sine die; and
(2)
the days on which the Senate is not in session because of an adjournment of more than three days to a date certain are excluded.
(d)Reimbursement

The Senate may by resolution authorize the reimbursement of any Member, officer, or employee of the Senate who is not represented by the Counsel for fees and costs, including attorneys’ fees, reasonably incurred in obtaining representation. Such reimbursement shall be from funds appropriated to the contingent fund of the Senate.


 Oct. 26, 1978
1 - 1 - 11 Consideration of resolutions to direct counsel
(a)Procedure; rules
(1)
resolution introduced pursuant to section 288b of this title shall not be referred to a committee, except as otherwise required under section 288d(c) of this title. Upon introduction, or upon being reported if required under section 288d(c) of this title, whichever is later, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such resolution. A motion to proceed to the consideration of a resolution shall be highly privileged and not debatable. An amendment to such motion shall not be in order, and it shall not be in order to move to reconsider the vote by which such motion is agreed to.
(2)With respect to a resolution pursuant to section 288b(a) of this title, the following rules apply:
(A)
If the motion to proceed to the consideration of the resolution is agreed to, debate thereon shall be limited to not more than ten hours, which shall be divided equally between, and controlled by, those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. No amendment to the resolution shall be in order. No motion to recommit the resolution shall be in order, and it shall not be in order to reconsider the vote by which the resolution is agreed to.
(B)
Motions to postpone, made with respect to the consideration of the resolution, and motions to proceed to the consideration of other business, shall be decided without debate.
(C)
All appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to the resolution shall be decided without debate.
(b)“Committee” defined

For purposes of this chapter, other than section 288b of this title, the term “committee” includes standing, select, and special committees of the Senate established by law or resolution.

(c)Rules of the SenateThe provisions of this section are enacted—
(1)
as an exercise of the rulemaking power of the Senate, and, as such, they shall be considered as part of the rules of the Senate, and such rules shall supersede any other rule of the Senate only to the extent that rule is inconsistent therewith; and
(2)
with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.

Oct. 26, 1978
1 - 1 - 12 Attorney General relieved of responsibility
(a)Upon receipt of written notice that the Counsel has undertaken, pursuant to section 288c(a) of this title, to perform any representational service with respect to any designated party in any action or proceeding pending or to be instituted, the Attorney General shall—
(1)
be relieved of any responsibility with respect to such representational service;
(2)
have no authority to perform such service in such action or proceeding except at the request or with the approval of the Senate; and
(3)
transfer all materials relevant to the representation authorized under section 288c(a) of this title to the Counsel, except that nothing in this subsection shall limit any right of the Attorney General under existing law to intervene or appear as amicus curiae in such action or proceeding.
(b)
The Attorney General shall notify Counsel as required by section 530D of title 28.
 Oct. 26, 1978,Nov. 2, 2002Feb. 20, 2003,
1 - 1 - 13 Procedural provisions
(a)Intervention or appearance

Permission to intervene as a party or to appear as amicus curiae under section 288e of this title shall be of right and may be denied by a court only upon an express finding that such intervention or appearance is untimely and would significantly delay the pending action or that standing to intervene has not been established under section 2 of article III of the Constitution of the United States.

(b)Compliance with admission requirements

The Counsel, the Deputy Counsel, or any designated Assistant Counsel or counsel specially retained by the Office shall be entitled, for the purpose of performing his functions under this chapter, to enter an appearance in any proceeding before any court of the United States or of a State or political subdivision thereof without compliance with any requirement for admission to practice before such court, except that the authorization conferred by this subsection shall not apply with respect to the admission of any such person to practice before the United States Supreme Court.

(c)Standing to sue; jurisdiction

Nothing in this chapter shall be construed to confer standing on any party seeking to bring, or jurisdiction on any court with respect to, any civil or criminal action against Congress, either House of Congress, a Member of Congress, a committee or subcommittee of a House of Congress, any office or agency of Congress, or any officer or employee of a House of Congress or any office or agency of Congress.

Oct. 26, 1978,
1 - 1 - 14 Contingent fund

The expenses of the Office shall be paid from the contingent fund of the Senate in accordance with section 6503 of this title, and upon vouchers approved by the Counsel.

 Oct. 26, 1978
1 - 1 - 15  Travel and related expenses

Funds expended by the Senate Legal Counsel for travel and related expenses shall be subject to the same regulations and limitations (insofar as they are applicable) as those which the SenateCommittee on Rules and Administration prescribes for application to travel and related expenses for which payment is authorized to be made from the contingent fund of the Senate.

July 14, 1983
 
2 - 15 CLASSIFICATION OF EMPLOYEES OF HOUSE OF REPRESENTATIVES §§ 291 to 303
1 - 1 - 1 Congressional declaration of purpose
It is the purpose of this chapter to provide a classification system for the equitable establishment and adjustment of rates of compensation for, and for the efficient utilization of personnel in, certain positions under the House of Representatives to which this chapter applies, through—
(1)the creation and maintenance of orderly and equitable compensation relationships for such positions—
(A)
in accordance with the principle of equal pay for substantially equal work, and
(B)
with due regard to (i) differences in the levels of difficulty, responsibility, and qualification requirements of the work, (ii) the kind of work performed, (iii) satisfactory performance, and (iv) length of service;
(2)
the application of appropriate position standards and position descriptions for such positions; and
(3)
the adoption of organization and position titles in the House which accurately reflect the respective functions, duties, and responsibilities of those organizations and positions in the House to which this chapter applies.
 Oct. 13, 1964,
1 - 1 - 2 Positions affected
This chapter shall apply to—
(1)
all positions under the Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Inspector General of the House of Representatives, except the positions of telephone operator and positions on the United States Capitol Police force;
(2)
the position of minority pair clerk in the House;
(3)
all positions under the House Recording Studio; and
(4)
all positions under the House Radio and Television Correspondents’ Gallery and the House Periodical Press Gallery.
Oct. 13, 1964,  Nov. 19, 1995
1 - 1 - 3 Compensation schedules
(a)
(1)The Committee on House Oversight of the House of Representatives (hereinafter referred to as the “committee”) shall establish and maintain, and, from time to time, may revise, for positions to which this chapter applies (other than positions within the purview of subsection (b) of this section the compensation for which is fixed and adjusted from time to time in accordance with prevailing rates), a compensation schedule of per annum rates, which shall be known as the “House Employees Schedule” and for which the symbol shall be “HS”, subject to the following provisions:
(A)
Such schedule shall be composed of such number of compensation levels as the committee deems appropriate.
(B)
Each compensation level shall consist of twelve compensation steps.
(C)
The per annum rate of compensation for each compensation step of each compensation level shall be in such amount as the committee deems appropriate, except that the per annum rate of compensation for the maximum compensation step of the highest compensation level shall not exceed the maximum rate of compensation authorized by chapter 51 and subchapter III of chapter 53 of title 5.
(2)
The rates of compensation for such positions shall be in accordance with such schedule.
(b)
The committee shall establish and maintain, and, from time to time, may revise, for positions under the Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Inspector General of the House of Representatives, the compensation for which, in the judgment of the committee, should be fixed and adjusted from time to time in accordance with prevailing rates, a compensation schedule providing for per annum or per hour rates, or both, established in accordance with prevailing rates and consisting of such number of compensation levels and steps as the committee deems appropriate, which shall be known as the “House Wage Schedule” and for which the symbol shall be “HWS”. The rates of compensation for such positions shall be in accordance with such schedule. Notwithstanding any other provision of this chapter, for purposes of applying the adjustment made by the committee under this subsection for 2002 and each succeeding year (other than any period during which a memorandum of understanding described in section 2168(a) of this title is in effect), positions under the Chief Administrative Officer shall include positions of the United States Capitol telephone exchange under the Chief Administrative Officer.
Oct. 13, 1964,  Nov. 19, 1995Aug. 20, 1996Nov. 12, 2001Dec. 8, 2004,
1 - 1 - 4 Position standards and descriptions
(a)
(1)
It shall be the duty of the committee to prescribe, revise, and (on a current basis) maintain position standards which shall apply to positions (in existence on, or established after, January 1, 1965) under the House of Representatives to which this chapter applies.
(2)The position standards shall—
(A)
provide for the separation of such positions into appropriate classes for pay and personnel purposes on the basis of reasonable similarity with respect to types of positions, qualification requirements of positions, and levels of difficulty and responsibility of work, and
(B)
govern the placement of such positions in their respective appropriate compensation levels of the appropriate compensation schedule.
(b)
(1)Subject to review and approval by the committee, the Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Inspector General of the House of Representatives, shall prepare, revise, and (on a current basis) maintain, at such times and in such form as the committee deems appropriate, position descriptions of the respective positions (in existence on, or established after, January 1, 1965) under the House of Representatives to which this chapter applies which are under their respective jurisdictions, including—
(A)
with respect to the Clerk, positions under the House Recording Studio,
(B)
with respect to the Sergeant at Arms, the position of minority pair clerk in the House, and
(C)
with respect to the Chief Administrative Officer, positions under the House Radio and Television Correspondents’ Gallery and the House Periodical Press Gallery.
(2)The position descriptions shall—
(A)
describe in detail the actual duties, responsibilities, and qualification requirements of the work of each of such positions,
(B)
provide a position title for such position which accurately reflects such duties and responsibilities, and
(C)
govern the placement of such position in its appropriate class.
(c)
The Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Inspector General of the House of Representatives, shall transmit to the committee, at such times and in such form as the committee deems appropriate, all position descriptions required by subsection (b) of this section to be prepared, provided, and currently maintained by them, together with such other pertinent information as the committee may require, in order that the committee shall have, at all times, current information with respect to such position descriptions, the positions to which such descriptions apply, and related personnel matters within the purview of this chapter. Such information so transmitted shall be kept on file in the committee.
(d)Notwithstanding any other provision of this chapter, the committee shall have authority, which may be exercised at any time in its discretion, to—
(1)
conduct surveys and studies of all organization units, and the positions therein, to which this chapter applies;
(2)
ascertain on a current basis the facts with respect to the duties, responsibilities, and qualification requirements of any position to which this chapter applies;
(3)
prepare and revise the position description of any such position;
(4)
place any such position in its appropriate class and compensation level;
(5)
decide whether any such position is in its appropriate class and compensation level;
(6)
change any such position from one class or compensation level to any other class or compensation level whenever the facts warrant; and
(7)
prescribe such organization and position titles as may be appropriate to carry out the purposes of this chapter.
All such actions of the committee shall be binding on the House officer and organization unit concerned and shall be the basis for payment of compensation and for other personnel benefits and transactions until otherwise changed by the committee.
Oct. 13, 1964,Nov. 19, 1995Aug. 20, 1996
1 - 1 - 5 Placement of positions in compensation schedules

The committee shall place each position (in existence on, or established after, January 1, 1965) under the House of Representatives to which this chapter applies in its appropriate class, and in its appropriate compensation level of the appropriate compensation schedule, in accordance with the position standards and position descriptions provided for in section 294 of this title. The committee is authorized, when circumstances so warrant, to change any such position from one class or compensation level to another class or compensation level. All actions of the committee under this section shall be binding on the House officer and organization unit concerned and shall be the basis for payment of compensation and for other personnel benefits and transactions until otherwise changed by the committee.

 Oct. 13, 1964,
1 - 1 - 6 Step increases; waiting periods; service in Armed Forces; automatic advancement
(a)Each employee in a compensation level of the House Employees Schedule (HS), who has not attained the highest scheduled rate of compensation for the compensation level (HS level) in which his position is placed, shall be advanced successively to the next higher step of such HS level, as follows:
(1)
to steps 2, 3, and 4, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of one year of satisfactory service in the next lower step;
(2)
to steps 5, 6, and 7, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of two years of satisfactory service in the next lower step;
(3)
to steps 8, 9, and 10, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of three years of satisfactory service in the next lower step; and
(4)
to steps 11 and 12, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of five years of satisfactory service in the next lower step.
(b)
The receipt of an increase in compensation during any of the waiting periods of service specified in subsection (a) of this section shall cause a new full waiting period of service to commence for further step increases under such subsection.
(c)
Any increase in compensation granted by law, or granted by reason of an increase made by the committee in the rates of compensation of the House Employees Schedule, to employees within the purview of subsection (a) of this section shall not be held or considered to be an increase in compensation for the purposes of subsection (b) of this section.
(d)
The benefit of successive step increases under subsection (a) of this section shall be preserved, under regulations prescribed by the committee, for employees whose continuous service is interrupted by service in the Armed Forces of the United States.
(e)The committee shall establish and maintain, and, from time to time, may revise, a system of automatic advancement, by successive step increases in compensation, on the basis of satisfactory service performed, without break in service of more than thirty months, for employees subject to the House Wage Schedule (HWS). In the operation of such system of step increases the committee may prescribe regulations to the effect that—
(1)
the receipt of an increase in compensation during any of the waiting periods of service required for advancement by step increases under such system shall cause a new full waiting period of service to commence for further step increases under such system;
(2)
any increase in compensation granted by law, or granted by reason of an increase made by the committee in the rates of compensation of the House Wage Schedule, to employees within the purview of such system of step increases shall not be held or considered to be an increase in compensation for the purposes of subparagraph (1) of this subsection; and
(3)
the benefit of successive step increases under such system of step increases shall be preserved, under regulations prescribed by the committee, for employees whose continuous service is interrupted by service in the Armed Forces of the United States.
Oct. 13, 1964,
1 - 1 - 7  Appointments and reclassifications to higher compensation levels
(a)Each employee in a compensation level of the House Employees Schedule (HS), who is appointed to a position in a higher compensation level of such schedule, or whose position is placed in a higher compensation level of such schedule pursuant to a reclassification of such position, shall be paid compensation in such higher compensation level, in accordance with the following provisions, whichever is first applicable in the following numerical order of precedence:
(1)
at the rate of the lowest step for which the rate of compensation equals the rate of compensation for that step, in the compensation level from which he is appointed, which is two steps above the step in such level which he had attained immediately prior to such appointment;
(2)
at the rate of the lowest step for which the rate of compensation exceeds, by not less than two steps of the compensation level from which he is appointed, his rate of compensation immediately prior to such appointment; or
(3)
at the rate of the highest step of such higher compensation level, or at his rate of compensation immediately prior to such appointment, whichever rate is the higher.
(b)
The committee may provide by regulations for the payment of compensation, at an appropriate compensation step determined in accordance with such regulations, to each employee subject to the House Wage Schedule (HWS) who is appointed to a position in a higher compensation level of such schedule or whose position is placed in a higher compensation level of such schedule pursuant to a reclassification of such position.
Oct. 13, 1964
1 - 1 - 8 Reductions in compensation level

Each employee in a position of a compensation level of the House Employees Schedule (HS) or the House Wage Schedule (HWS), whose employment in such position and level is terminated and who is reemployed, with or without break in service, in a position in a lower compensation level (HS level or HWS level) of such schedule, or whose position is placed in a lower compensation level of such schedule pursuant to a reclassification of such position, shall be placed by the committee in such step of such lower compensation level as the committee deems appropriate.

 Oct. 13, 1964
1 - 1 - 9 Establishment of positions; payment from applicable accounts

The committee may authorize the establishment of additional positions of the kind to which this chapter applies, on a permanent basis or on a temporary basis of not to exceed six months’ duration, whenever, in the judgment of the committee, such action is warranted in the interests of the orderly and efficient operation of the House of Representatives. The compensation of each such position may be paid out of the applicable accounts of the House of Representatives until otherwise provided by law. An additional position of the kind to which this chapter applies shall not be established without authorization of the committee.

Oct. 13, 1964Aug. 20, 1996,
1 - 1 - 10  Preservation of existing appointing authorities
This chapter shall not be held or considered to change or otherwise affect—
(1)
any authority to establish positions under the House of Representatives which are not within the purview of this chapter, or
(2)
any authority to make appointments to positions under the House of Representatives, irrespective of whether such positions are within the purview of this chapter.

Oct. 13, 1964,
1 - 1 - 11 Regulations

The committee is authorized to prescribe such regulations as may be necessary to carry out the purposes of this chapter.


 Oct. 13, 1964
1 - 1 - 12 Dual compensation

For the purposes of applicable law relating to the payment to any employee subject to the House Employees Schedule or the House Wage Schedule of compensation from more than one civilian office or position, the rate of basic compensation of each employee subject to any such schedule shall be held and considered to be that rate which, when increased by additional compensation then currently authorized by law for House employees generally, equals or most nearly equals the per annum rate of compensation of such employee under such schedule.

 Oct. 13, 1964,
 
2 - 16  PAYROLL ADMINISTRATION IN HOUSE OF REPRESENTATIVES §§ 331 to 336
Transferred, Repealed, Omitted.
 
2 - 17 CITIZENS’ COMMISSION ON PUBLIC SERVICE AND COMPENSATION §§ 351 to 364
1 - 1 - 1 Establishment

There is hereby established a commission to be known as the Citizens’ Commission on Public Service and Compensation (hereinafter referred to as the “Commission”).

Dec. 16, 1967Nov. 30, 1989
1 - 1 - 2 Membership
(1)The Commission shall be composed of 11 members, who shall be appointed from private life as follows:
(A)
2 appointed by the President of the United States;
(B)
1 appointed by the President pro tempore of the Senate, upon the recommendation of the majority and minority leaders of the Senate;
(C)
1 appointed by the Speaker of the House of Representatives;
(D)
2 appointed by the Chief Justice of the United States; and
(E)
5 appointed by the Administrator of General Services in accordance with paragraph (4).
(2)No person shall serve as a member of the Commission who is—
(A)
an officer or employee of the Federal Government;
(B)
registered (or required to register) under the Federal Regulation of Lobbying Act; [1] or
(C)
a parent, sibling, spouse, child, or dependent relative, of anyone under subparagraph (A) or (B).
(3)
The persons appointed under subparagraphs (A) through (D) of paragraph (1) shall be selected without regard to political affiliation, and should be selected from among persons who have experience or expertise in such areas as government, personnel management, or public administration.
(4)The Administrator of General Services shall by regulation establish procedures under which persons shall be selected for appointment under paragraph (1)(E). Such procedures—
(A)
shall be designed in such a way so as to provide for the maximum degree of geographic diversity practicable among members under paragraph (1)(E);
(B)
shall include provisions under which those members shall be chosen by lot from among names randomly selected from voter registration lists; and
(C)
shall otherwise comply with applicable provisions of this section.
(5)
The chairperson shall be designated by the President.
(6)
A vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made.
(7)
Each member of the Commission shall be paid at the rate of $100 for each day such member is engaged upon the work of the Commission and shall be allowed travel expenses, including a per diem allowance, in accordance with section 5703 of title 5, when engaged in the performance of services for the Commission.
(8)
(A)
The terms of office of persons first appointed as members of the Commission shall be for the period of the 1993 fiscal year of the Federal Government, and shall begin not later than February 14, 1993.
(B)
After the close of the 1993 fiscal year of the Federal Government, persons shall be appointed as members of the Commission with respect to every fourth fiscal year following the 1993 fiscal year. The terms of office of persons so appointed shall be for the period of the fiscal year with respect to which the appointment is made, except that, if any appointment is made after the beginning and before the close of any such fiscal year, the term of office based on such appointment shall be for the remainder of such fiscal year.
(C)
(i)
Notwithstanding any provision of subparagraph (A) or (B), members of the Commission may continue to serve after the close of a fiscal year, if the date designated by the President under section 357 of this title (relating to the date by which the Commission is to submit its report to the President) is subsequent to the close of such fiscal year, and only if or to the extent necessary to allow the Commission to submit such report.
(ii)
Notwithstanding any provision of section 353 of this title, authority under such section shall remain available, after the close of a fiscal year, so long as members of the Commission continue to serve.

Dec. 16, 1967Dec. 19, 1985Nov. 30, 1989,
1 - 1 - 3  Executive Director; additional personnel; detail of personnel of other agencies
(1)Without regard to the provisions of title 5 governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, and on a temporary basis for periods covering all or part of any fiscal year referred to in subparagraphs (A) and (B) of section 352(8) of this title
(A)
the Commission is authorized to appoint an Executive Director and fix his basic pay at the rate provided for level V of the Executive Schedule by section 5316 of title 5; and
(B)
with the approval of the Commission, the Executive Director is authorized to appoint and fix the basic pay (at respective rates not in excess of the maximum rate of the General Schedule in section 5332 of title 5) of such additional personnel as may be necessary to carry out the function of the Commission.
(2)
Upon the request of the Commission, the head of any department, agency, or establishment of any branch of the Federal Government is authorized to detail, on a reimbursable basis, for periods covering all or part of any fiscal year referred to in subparagraphs (A) and (B) of section 352(8) of this title, any of the personnel of such department, agency, or establishment to assist the Commission in carrying out its function.
(Pub. L. 90–206, title II, § 225(c),  81 Stat. 643Pub. L. 101–194, title VII, § 701(c), Nov. 30, 1989103 Stat. 1764.)
Dec. 16, 1967,
1 - 1 - 4 Use of United States mails

The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States.

Dec. 16, 1967,
1 - 1 - 5 Administrative support services

The Administrator of General Services shall provide administrative support services for the Commission on a reimbursable basis.

Dec. 16, 1967
1 - 1 - 6  Functions
The Commission shall conduct, in each of the respective fiscal years referred to in subparagraphs (A) and (B) of section 352(8) of this title, a review of the rates of pay of—
(A)
the Vice President of the United States, Senators, Members of the House of Representatives, the Resident Commissioner from Puerto Rico, the Speaker of the House of Representatives, the President pro tempore of the Senate, and the majority and minority leaders of the Senate and the House of Representatives;
(B)
offices and positions in the legislative branch referred to in subsections (a), (b), (c), and (d) of section 203 of the Federal Legislative Salary Act of 1964 (78 Stat. 415Public Law 88–426);
(C)
justices, judges, and other personnel in the judicial branch referred to in section 403 of the Federal Judicial Salary Act of 1964 (78 Stat. 434Public Law 88–426) except bankruptcy judges, but including the judges of the United States Court of Federal Claims;
(D)
offices and positions under the Executive Schedule in subchapter II of chapter 53 of title 5; and
(E)
the Governors of the Board of Governors of the United States Postal Service appointed under section 202 of title 39.
Such review by the Commission shall be made for the purpose of determining and providing—
(i)
the appropriate pay levels and relationships between and among the respective offices and positions covered by such review, and
(ii)
the appropriate pay relationships between such offices and positions and the offices and positions subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, relating to classification and General Schedule pay rates.
In reviewing the rates of pay of the offices or positions referred to in subparagraph (D) of this section, the Commission shall determine and consider the appropriateness of the executive levels of such offices and positions.
Dec. 16, 1967Aug. 12, 1970Aug. 9, 1975,  Nov. 6, 1978Apr. 2, 1982Dec. 19, 1985, Dec. 22, 1987Nov. 30, 1989, Oct. 29, 1992
1 - 1 - 7 Report by Commission to President with respect to pay

The Commission shall submit to the President a report of the results of each review conducted by the Commission with respect to rates of pay for the offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of section 356 of this title, together with its recommendations. Each such report shall be submitted on such date as the President may designate but not later than December 15 next following the close of the fiscal year in which the review is conducted by the Commission.

Dec. 16, 1967, Dec. 19, 1985, Nov. 30, 1989
1 - 1 - 8 Recommendations of President with respect to pay
(1)
After considering the report and recommendations of the Commission submitted under section 357 of this title, the President shall transmit to Congress his recommendations with respect to the exact rates of pay, for offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of section 356 of this title, which the President considers to be fair and reasonable in light of the Commission’s report and recommendations, the prevailing market value of the services rendered in the offices and positions involved, the overall economic condition of the country, and the fiscal condition of the Federal Government.
(2)
The President shall transmit his recommendations under this section to Congress on the first Monday after January 3 of the first calendar year beginning after the date on which the Commission submits its report and recommendations to the President under section 357 of this title.
Dec. 16, 1967, Dec. 19, 1985Nov. 30, 1989
1 - 1 - 9 Effective date of recommendations of President
(1)
None of the President’s recommendations under section 358 of this title shall take effect unless approved under paragraph (2).
(2)
(A)
The recommendations of the President under section 358 of this title shall be considered approved under this paragraph if there is enacted into law a bill or joint resolution approving such recommendations in their entirety. This bill or joint resolution shall be passed by recorded vote to reflect the vote of each Member of Congress thereon.
(B)
(i)The provisions of this subparagraph are enacted by the Congress—
(I)
as an exercise of the rulemaking power of the Senate and the House of Representatives and as such shall be considered as part of the rules of each House, and shall supersede other rules only to the extent that they are inconsistent therewith; and
(II)
with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedures of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
(ii)
During the 60-calendar-day period beginning on the date that the President transmits his recommendations to the Congress under section 358 of this title, it shall be in order as a matter of highest privilege in each House of Congress to consider a bill or joint resolution, if offered by the majority leader of such House (or a designee), approving such recommendations in their entirety.
(3)
Except as provided in paragraph (4), any recommended pay adjustment approved under paragraph (2) shall take effect as of the date proposed by the President under section 358 of this title with respect to such adjustment.
(4)
(A)
Notwithstanding the approval of the President’s pay recommendations in accordance with paragraph (2), none of those recommendations shall take effect unless, between the date on which the bill or resolution approving those recommendations is signed by the President (or otherwise becomes law) and the earliest date as of which the President proposes (under section 358 of this title) that any of those recommendations take effect, an election of Representatives shall have intervened.
(B)
For purposes of this paragraph, the term “election of Representatives” means an election held on the Tuesday following the first Monday of November in any even-numbered calendar year.
Dec. 16, 1967,Apr. 12, 1977Dec. 19, 1985,Nov. 30, 1989
1 - 1 - 10 Effect of recommendations on existing law and prior recommendations
The recommendations of the President taking effect as provided in section 359 of this title shall be held and considered to modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith—
(A)
all provisions of law enacted prior to the effective date or dates of all or part (as the case may be) of such recommendations (other than any provision of law enacted with respect to such recommendations in the period beginning on the date the President transmits his recommendations to the Congress under section 358 of this title and ending on the date of their approval under section 359(2) of this title), and
(B)
any prior recommendations of the President which take effect under this chapter.

Dec. 16, 1967,Apr. 12, 1977,Dec. 19, 1985Nov. 30, 1989
1 - 1 - 11 Publication of recommendations

The recommendations of the President which take effect shall be printed in the Statutes at Large in the same volume as public laws and shall be printed in the Federal Register and included in the Code of Federal Regulations.

Dec. 16, 1967,
1 - 1 - 12  Requirements applicable to recommendations
Notwithstanding any other provision of this chapter, the recommendations submitted by the Commission to the President under section 357 of this title, and the recommendations transmitted by the President to the Congress under section 358 of this title, shall be in conformance with the following:
(1)
Any recommended pay adjustment shall specify the date as of which it is proposed that such adjustment take effect.
(2)
The proposed effective date of a pay adjustment may occur no earlier than January 1 of the second fiscal year, and no later than December 31 next following the close of the fifth fiscal year, beginning after the fiscal year in which the Commission conducts its review under section 356 of this title.
(3)
(A)
(i)
The rates of pay recommended for the Speaker of the House of Representatives, the Vice President of the United States, and the Chief Justice of the United States, respectively, shall be equal.
(ii)
The rates of pay recommended for the majority and minority leaders of the Senate and the House of Representatives, the President pro tempore of the Senate, and each office or position under section 5312 of title 5 (relating to level I of the Executive Schedule), respectively, shall be equal.
(iii)
The rates of pay recommended for a Senator, a Member of the House of Representatives, the Resident Commissioner from Puerto Rico, a Delegate to the House of Representatives, a judge of a district court of the United States, a judge of the United States Court of International Trade, and each office or position under section 5313 of title 5 (relating to level II of the Executive Schedule), respectively, shall be equal.
(B)
Nothing in this section shall be considered to require that the rate recommended for any office or position by the President under section 358 of this title be the same as the rate recommended for such office or position by the Commission under section 357 of this title.
Nov. 30, 1989
1 - 1 - 13 Additional function

The Commission shall, whenever it conducts a review under section 356 of this title, also conduct a review under this section relating to any recruitment or retention problems, and any public policy issues involved in maintaining appropriate ethical standards, with respect to any offices or positions within the Federal public service. Any findings or recommendations under this section shall be included by the Commission as part of its report to the President under section 357 of this title.

Nov. 30, 1989,
1 - 1 - 14 Provision relating to certain other pay adjustments
(1)
A provision of law increasing the rate of pay payable for an office or position within the purview of subparagraph (A), (B), (C), or (D) of section 356 of this title shall not take effect before the beginning of the Congress following the Congress during which such provision is enacted.
(2)
For purposes of this section, a provision of law enacted during the period beginning on the Tuesday following the first Monday of November of an even-numbered year of any Congress and ending at noon on the following January 3 shall be considered to have been enacted during the first session of the following Congress.
(3)Nothing in this section shall be considered to apply with respect to any pay increase—
(A)
which takes effect under the preceding sections of this chapter;
(B)
which is based on a change in the Employment Cost Index (as determined under section 704(a)(1) of the Ethics Reform Act of 1989) or which is in lieu of any pay adjustment which might otherwise be made in a year based on a change in such index (as so determined); or
(C)
which takes effect under section 702 or 703 of the Ethics Reform Act of 1989.

 Nov. 30, 1989,
 
2 - 18 CONTESTED ELECTIONS §§ 381 to 396
1 - 1 - 1 Definitions
For purposes of this chapter:
(1)
The term “election” means an official general or special election to choose a Representative in, or Delegate or Resident Commissioner to, the Congress, but that term does not include a primary election, or a caucus or convention of a political party.
(2)
The term “candidate” means an individual (A) whose name is printed on the official ballot for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress, or (B) notwithstanding his name is not printed on such ballot, who seeks election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress by write-in votes, provided that he is qualified for such office and that, under the law of the State in which the congressional district is located, write-in voting for such office is permitted and he is eligible to receive write-in votes in such election.
(3)
The term “contestant” means an individual who contests the election of a Member of the House of Representatives under this chapter.
(4)
The term “contestee” means a Member of the House of Representatives whose election is contested under this chapter.
(5)
The term “Member of the House of Representatives” means an incumbent Representative in, or Delegate or Resident Commissioner to, the Congress, or an individual who has been elected to such office but has not taken the oath of office.
(6)
The term “Clerk” means the Clerk of the House of Representatives.
(7)
The term “committee” means the Committee on House Oversight of the House of Representatives.
(8)
The term “State” means a State of the United States and any territory or possession of the United States.
(9)
The term “write-in vote” means a vote cast for a person whose name does not appear on the official ballot by writing in the name of such person on such ballot or by any other method prescribed by the law of the State in which the election is held.
Dec. 5, 1969Aug. 20, 1996,
1 - 1 - 2 Notice of contest
(a)Filing of notice

Whoever, having been a candidate for election in the last preceding election and claiming a right to such office, intends to contest the election of a Member of the House of Representatives, shall, within thirty days after the result of such election shall have been declared by the officer or Board of Canvassers authorized by law to declare such result, file with the Clerk and serve upon the contestee written notice of his intention to contest such election.

(b)Contents and form of notice

Such notice shall state with particularity the grounds upon which contestant contests the election and shall state that an answer thereto must be served upon contestant under section 383 of this title within thirty days after service of such notice. Such notice shall be signed by contestant and verified by his oath or affirmation.

(c)Service of notice; proof of serviceService of the notice of contest upon contestee shall be made as follows:
(1)
by delivering a copy to him personally;
(2)
by leaving a copy at his dwelling house or usual place of abode with a person of discretion not less than sixteen years of age then residing therein;
(3)
by leaving a copy at his principal office or place of business with some person then in charge thereof;
(4)
by delivering a copy to an agent authorized by appointment to receive service of such notice;
(5)
by mailing a copy by registered or certified mail addressed to contestee at his residence or principal office or place of business. Service by mail is complete upon mailing; or
(6)
the verified return by the person so serving such notice, setting forth the time and manner of such service shall be proof of same, and the return post office receipt shall be proof of the service of said notice mailed by registered or certified mail as aforesaid. Proof of service shall be made to the Clerk promptly and in any event within the time during which the contestee must answer the notice of contest. Failure to make proof of service does not affect the validity of the service.
Dec. 5, 1969Aug. 20, 1996
1 - 1 - 3 Response of contestee
(a)Answer

Any contestee upon whom a notice of contest as described in section 382 of this title shall be served, shall, within thirty days after the service thereof, serve upon contestant a written answer to such notice, admitting or denying the averments upon which contestant relies. If contestee is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this shall have the effect of a denial. Such answer shall set forth affirmatively any other defenses, in law or fact, on which contestee relies. Contestee shall sign and verify such answer by oath or affirmation.

(b)Defenses by motion prior to answerAt the option of contestee, the following defenses may be made by motion served upon contestant prior to contestee’s answer:
(1)
Insufficiency of service of notice of contest.
(2)
Lack of standing of contestant.
(3)
Failure of notice of contest to state grounds sufficient to change result of election.
(4)
Failure of contestant to claim right to contestee’s seat.
(c)Motion for more definite statement

If a notice of contest to which an answer is required is so vague or ambiguous that the contestee cannot reasonably be required to frame a responsive answer, he may move for a more definite statement before interposing his answer. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the committee is not obeyed within ten days after notice of the order or within such other time as the committee may fix, the committee may dismiss the action, or make such order as it deems just.

(d)Time for serving answer after service of motion

Service of a motion permitted under this section alters the time for serving the answer as follows, unless a different time is fixed by order of the committee: If the committee denies the motion or postpones its disposition until the hearing on the merits, the answer shall be served within ten days after notice of such action. If the committee grants a motion for a more definite statement the answer shall be served within ten days after service of the more definite statement.

Dec. 5, 1969,
1 - 1 - 4 Service and filing of papers other than notice of contest
(a)Modes of serviceExcept for the notice of contest, every paper required to be served shall be served upon the attorney representing the party, or, if he is not represented by an attorney, upon the party himself. Service upon the attorney or upon a party shall be made:
(1)
by delivering a copy to him personally;
(2)
by leaving it at his principal office with some person then in charge thereof; or if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with a person of discretion not less than sixteen years of age then residing therein; or
(3)
by mailing it addressed to the person to be served at his residence or principal office. Service by mail is complete upon mailing.
(b)Filing of papers with clerk

All papers subsequent to the notice of contest required to be served upon the opposing party shall be filed with the Clerk either before service or within a reasonable time thereafter.

(c)Proof of service

Papers filed subsequent to the notice of contest shall be accompanied by proof of service showing the time and manner of service, made by affidavit of the person making service or by certificate of an attorney representing the party in whose behalf service is made. Failure to make proof of service does not affect the validity of such service.

Dec. 5, 1969
1 - 1 - 5 Default of contestee

The failure of contestee to answer the notice of contest or to otherwise defend as provided by this chapter shall not be deemed an admission of the truth of the averments in the notice of contest. Notwithstanding such failure, the burden is upon contestant to prove that the election results entitle him to contestee’s seat.

 Dec. 5, 1969
1 - 1 - 6 Deposition
(a)Oral examination

Either party may take the testimony of any person, including the opposing party, by deposition upon oral examination for the purpose of discovery or for use as evidence in the contested election case, or for both purposes. Depositions shall be taken only within the time for the taking of testimony prescribed in this section.

(b)Scope of examination

Witnesses may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending contested election case, whether it relates to the claim or defense of the examining party or the claim or defense of the opposing party, including the existence, description, nature, custody, condition and location of any books, papers, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. After the examining party has examined the witness the opposing party may cross examine.

(c)Order and time of taking testimonyThe order in which the parties may take testimony shall be as follows:
(1)
Contestant may take testimony within thirty days after service of the answer, or, if no answer is served within the time provided in section 383 of this title, within thirty days after the time for answer has expired.
(2)
Contestee may take testimony within thirty days after contestant’s time for taking testimony has expired.
(3)
If contestee has taken any testimony or has filed testimonial affidavits or stipulations under section 387(c) of this title, contestant may take rebuttal testimony within ten days after contestee’s time for taking testimony has expired.
(d)Officer before whom testimony may be taken

Testimony shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held.

(e)Subpena

Attendance of witnesses may be compelled by subpena as provided in section 388 of this title.

(f)Taking of testimony by party or his agent

At the taking of testimony, a party may appear and act in person, or by his agent or attorney.

(g)Conduct of examination; recordation of testimony; notation of objections; interrogatories

The officer before whom testimony is to be taken shall put the witness under oath and shall personally, or by someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed. All objections made at the time of examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, a party served with a notice of deposition may transmit written interrogatories to the officer, who shall propound them to the witness and record the answers verbatim.

(h)Examination of deposition by witness; signature of witness or officer; use of deposition

When the testimony is fully transcribed, the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and the parties. Any changes in the form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and note on the deposition the fact of the waiver or of the illness or the absence of the witness or the fact of refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress, the committee rules that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

Dec. 5, 1969,
1 - 1 - 7 Notice of depositions
(a)Time for service; form

A party desiring to take the deposition of any person upon oral examination shall serve written notice on the opposing party not later than two days before the date of the examination. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined. A copy of such notice, together with proof of such service thereof, shall be attached to the deposition when it is filed with the Clerk.

(b)Testimony by stipulation

By written stipulation of the parties, the deposition of a witness may be taken without notice. A copy of such stipulation shall be attached to the deposition when it is filed with the Clerk.

(c)Testimony by affidavit; time for filing

By written stipulation of the parties, the testimony of any witness of either party may be filed in the form of an affidavit by such witness or the parties may agree what a particular witness would testify to if his deposition were taken. Such testimonial affidavits or stipulations shall be filed within the time limits prescribed for the taking of testimony in section 386 of this title.

 Dec. 5, 1969
1 - 1 - 8 Subpena for attendance at deposition
(a)IssuanceUpon application of any party, a subpena for attendance at a deposition shall be issued by:
(1)
a judge or clerk of the United States district court for the district in which the place of examination is located;
(2)
a judge or clerk of any court of record of the State in which the place of examination is located; or
(3)
a judge or clerk of any court of record of the county in which the place of examination is located.
(b)Time, method, and proof of service

Service of the subpena shall be made upon the witness no later than three days before the day on which his attendance is directed. A subpena may be served by any person who is not a party to the contested election case and is not less than eighteen years of age. Service of a subpena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to him the fee for one day’s attendance and the mileage allowed by section 389 of this title. Written proof of service shall be made under oath by the person making same and shall be filed with the Clerk.

(c)Place of examination

A witness may be required to attend an examination only in the county wherein he resides or is employed, or transacts his business in person, or is served with a subpena, or within forty miles of the place of service.

(d)Form

Every subpena shall state the name and title of the officer issuing same and the title of the contested election case, and shall command each person to whom it is directed to attend and give testimony at a time and place and before an officer specified therein.

(e)Production of documents

A subpena may also command the person to whom it is directed to produce the books, papers, documents, or other tangible things designated therein, but the committee, upon motion promptly made and in any event at or before the time specified in the subpena for compliance therewith, may (1) quash or modify the subpena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the advancement by the party in whose behalf the subpena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. In the case of public records or documents, copies thereof, certified by the person having official custody thereof, may be produced in lieu of the originals.

Dec. 5, 1969,
1 - 1 - 9 Officer and witness fees
(a)
Each judge, clerk of court, or other officer who issues any subpena or takes a deposition and each person who serves any subpena or other paper herein authorized shall be entitled to receive from the party at whose instance the service shall have been performed such fees as are allowed for similar services in the district courts of the United States.
(b)
Witnesses whose depositions are taken shall be entitled to receive from the party at whose instance the witness appeared the same fees and travel allowance paid to witnesses subpenaed to appear before the House of Representatives or its committees.
Dec. 5, 1969,
1 - 1 - 10 Penalty for failure to appear, testify, or produce documents

Every person who, having been subpenaed as a witness under this chapter to give testimony or to produce documents, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the contested election case, shall be deemed guilty of a misdemeanor punishable by fine of not more than $1,000 nor less than $100 or imprisonment for not less than one month nor more than twelve months, or both.

Dec. 5, 1969,
1 - 1 - 11 Certification and filing of depositions
(a)Sealing of papers; deposit with clerk

The officer before whom any deposition is taken shall certify thereon that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition, together with any papers produced by the witness and the notice of deposition or stipulation, if the deposition was taken without notice, in an envelope endorsed with the title of the contested election case and marked “Deposition of (here insert name of witness)” and shall within thirty days after completion of the witness’ testimony, file it with the Clerk.

(b)Notification of filing

After filing the deposition, the officer shall promptly notify the parties of its filing.

(c)Copy of deposition to parties or deponents

Upon payment of reasonable charges therefor, not to exceed the charges allowed in the district court of the United States for the district wherein the place of examination is located, the officer shall furnish a copy of deposition to any party or the deponent.

Dec. 5, 1969
1 - 1 - 12 Record
(a)Hearing on papers, depositions, and exhibits

Contested election cases shall be heard by the committee on the papers, depositions, and exhibits filed with the Clerk. Such papers, depositions, and exhibits shall constitute the record of the case.

(b)Appendix to contestant’s brief

Contestant shall print as an appendix to his brief those portions of the record which he desires the committee to consider in order to decide the case and such other portions of the record as may be prescribed by the rules of the committee.

(c)Appendix to contestee’s brief

Contestee shall print as an appendix to his brief those portions of the record not printed by contestant which contestee desires the committee to consider in order to decide the case.

(d)Contestant’s brief; service on contestee

Within forty-five days after the time for both parties to take testimony has expired, contestant shall serve on contestee his printed brief of the facts and authorities relied on to establish his case together with his appendix.

(e)Contestee’s brief; service on contestant

Within thirty days of service of contestant’s brief and appendix, contestee shall serve on contestant his printed brief of the facts and authorities relied on to establish his case together with his appendix.

(f)Reply brief of contestant

Within ten days after service of contestee’s brief and appendix, contestant may serve on contestee a printed reply brief.

(g)Form of briefs; number of copies served and filed

The form and length of the briefs, the form of the appendixes, and the number of copies to be served and filed shall be in accordance with such rules as the committee may prescribe.

1 - 1 - 13 Filing of pleadings, motions, depositions, appendixes, briefs, and other papers
(a)Filings of pleadings, motions, depositions, appendixes, briefs, and other papers shall be accomplished by:
(1)
delivering a copy thereof to the Clerk of the House of Representatives at his office in Washington, District of Columbia, or to a member of his staff at such office; or
(2)
mailing a copy thereof, by registered or certified mail, addressed to the Clerk at the House of Representatives, Washington, District of Columbia: Provided, That if such copy is not actually received, another copy shall be filed within a reasonable time; and
(3)
delivering or mailing, simultaneously with the delivery or mailing of a copy thereof under paragraphs (1) and (2) of this subsection, such additional copies as the committeemay by rule prescribe.
(b)
All papers filed with the Clerk pursuant to this chapter shall be promptly transmitted by him to the committee.
Dec. 5, 1969,
1 - 1 - 14 Computation of time
(a)Method of computing time

In computing any period of time prescribed or allowed by this chapter or by the rules or any order of the committee, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. For the purposes of this chapter, “legal holiday” shall mean New Year’s Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States.

(b)Service by mail

Whenever a party has the right or is required to do some act or take some proceeding within a prescribed period after the service of a pleading, motion, notice, brief, or other paper upon him, which is served upon him by mail, three days shall be added to the prescribed period.

(c)Enlargement of time

When by this chapter or by the rules or any order of the committee an act is required or allowed to be done at or within a specified time, the committee, for good cause shown, may at any time in its discretion (1) with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect, but it shall not extend the time for serving and filing the notice of contest under section 382 of this title.

Dec. 5, 1969
1 - 1 - 15 Death of contestant

In the event of the death of the contestant, the contested election case shall abate.

Dec. 5, 1969
1 - 1 - 16 Allowance of party’s expenses

The committee may allow any party reimbursement from the applicable accounts of the House of Representatives of his reasonable expenses of the contested election case, including reasonable attorneys fees, upon the verified application of such party accompanied by a complete and detailed account of his expenses and supporting vouchers and receipts.

Dec. 5, 1969Aug. 20, 1996
 
2 - 19  JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS § 411
Repealed.
 
2 - 20  FEDERAL ELECTION CAMPAIGNS §§ 431 to 457
1 - 1 - 1 DISCLOSURE OF FEDERAL CAMPAIGN FUNDS §§ 431 to 442
Transferred & Repealed.
Repealed Jan. 8, 1980, May 11, 1976,  Oct. 15, 1974,
1 - 1 - 2 GENERAL PROVISIONS §§ 451 to 457
Repealed
May 11, 1976,
 
2 - 21 OFFICE OF TECHNOLOGY ASSESSMENT §§ 471 to 481
1 - 1 - 1 Congressional findings and declaration of purpose
The Congress hereby finds and declares that:
(a)As technology continues to change and expand rapidly, its applications are—
(1)
large and growing in scale; and
(2)
increasingly extensive, pervasive, and critical in their impact, beneficial and adverse, on the natural and social environment.
(b)
Therefore, it is essential that, to the fullest extent possible, the consequences of technological applications be anticipated, understood, and considered in determination of public policy on existing and emerging national problems.
(c)The Congress further finds that:
(1)
the Federal agencies presently responsible directly to the Congress are not designed to provide the legislative branch with adequate and timely information, independently developed, relating to the potential impact of technological applications, and
(2)
the present mechanisms of the Congress do not and are not designed to provide the legislative branch with such information.
(d)Accordingly, it is necessary for the Congress to—
(1)
equip itself with new and effective means for securing competent, unbiased information concerning the physical, biological, economic, social, and political effects of such applications; and
(2)
utilize this information, whenever appropriate, as one factor in the legislative assessment of matters pending before the Congress, particularly in those instances where the Federal Government may be called upon to consider support for, or management or regulation of, technological applications.
Oct. 13, 1972
1 - 1 - 2 Office of Technology Assessment
(a)Creation

In accordance with the findings and declaration of purpose in section 471 of this title, there is hereby created the Office of Technology Assessment (hereinafter referred to as the “Office”) which shall be within and responsible to the legislative branch of the Government.

(b)Composition

The Office shall consist of a Technology Assessment Board (hereinafter referred to as the “Board”) which shall formulate and promulgate the policies of the Office, and a Directorwho shall carry out such policies and administer the operations of the Office.

(c)Functions and dutiesThe basic function of the Office shall be to provide early indications of the probable beneficial and adverse impacts of the applications of technology and to develop other coordinate information which may assist the Congress. In carrying out such function, the Office shall:
(1)
identify existing or probable impacts of technology or technological programs;
(2)
where possible, ascertain cause-and-effect relationships;
(3)
identify alternative technological methods of implementing specific programs;
(4)
identify alternative programs for achieving requisite goals;
(5)
make estimates and comparisons of the impacts of alternative methods and programs;
(6)
present findings of completed analyses to the appropriate legislative authorities;
(7)
identify areas where additional research or data collection is required to provide adequate support for the assessments and estimates described in paragraph (1) through (5) of this subsection; and
(8)
undertake such additional associated activities as the appropriate authorities specified under subsection (d) may direct.
(d)Initiation of assessment activitiesAssessment activities undertaken by the Office may be initiated upon the request of:
(1)
the chairman of any standing, special, or select committee of either House of the Congress, or of any joint committee of the Congress, acting for himself or at the request of the ranking minority member or a majority of the committee members;
(2)
the Board; or
(3)
the Director, in consultation with the Board.
(e)Availability of informationAssessments made by the Office, including information, surveys, studies, reports, and findings related thereto, shall be made available to the initiating committee or other appropriate committees of the Congress. In addition, any such information, surveys, studies, reports, and findings produced by the Office may be made available to the public except where—
(1)
to do so would violate security statutes; or
(2)
the Board considers it necessary or advisable to withhold such information in accordance with one or more of the numbered paragraphs in section 552(b) of title 5.

Oct. 13, 1972
1 - 1 - 3  Technology Assessment Board
(a)MembershipThe Board shall consist of thirteen members as follows:
(1)
six Members of the Senate, appointed by the President pro tempore of the Senate, three from the majority party and three from the minority party;
(2)
six Members of the House of Representatives appointed by the Speaker of the House of Representatives, three from the majority party and three from the minority party; and
(3)
the Director, who shall not be a voting member.
(b)Execution of functions during vacancies; filling of vacancies

Vacancies in the membership of the Board shall not affect the power of the remaining members to execute the functions of the Board and shall be filled in the same manner as in the case of the original appointment.

(c)Chairman and vice chairman; selection procedure

The Board shall select a chairman and a vice chairman from among its members at the beginning of each Congress. The vice chairman shall act in the place and stead of the chairman in the absence of the chairman. The chairmanship and the vice chairmanship shall alternate between the Senate and the House of Representatives with each Congress. The chairman during each even-numbered Congress shall be selected by the Members of the House of Representatives on the Board from among their number. The vice chairman during each Congress shall be chosen in the same manner from that House of Congress other than the House of Congress of which the chairman is a Member.

(d)Meetings; powers of Board

The Board is authorized to sit and act at such places and times during the sessions, recesses, and adjourned periods of Congress, and upon a vote of a majority of its members, to require by subpena or otherwise the attendance of such witnesses and the production of such books, papers, and documents, to administer such oaths and affirmations, to take such testimony, to procure such printing and binding, and to make such expenditures, as it deems advisable. The Board may make such rules respecting its organization and procedures as it deems necessary, except that no recommendation shall be reported from the Board unless a majority of the Board assent. Subpenas may be issued over the signature of the chairman of the Board or of any voting member designated by him or by the Board, and may be served by such person or persons as may be designated by such chairman or member. The chairman of the Board or any voting member thereof may administer oaths or affirmations to witnesses.


Oct. 13, 1972
1 - 1 - 4 Director of Office of Technology Assessment
(a)Appointment; term; compensation

The Director of the Office of Technology Assessment shall be appointed by the Board and shall serve for a term of six years unless sooner removed by the Board. He shall receive basic pay at the rate provided for level III of the Executive Schedule under section 5314 of title 5.

(b)Powers and duties

In addition to the powers and duties vested in him by this chapter, the Director shall exercise such powers and duties as may be delegated to him by the Board.

(c)Deputy Director; appointment; functions; compensation

The Director may appoint with the approval of the Board, a Deputy Director who shall perform such functions as the Director may prescribe and who shall be Acting Director during the absence or incapacity of the Director or in the event of a vacancy in the office of Director. The Deputy Director shall receive basic pay at the rate provided for level IV of the Executive Schedule under section 5315 of title 5.

(d)Restrictions on outside employment activities of Director and Deputy Director

Neither the Director nor the Deputy Director shall engage in any other business, vocation, or employment than that of serving as such Director or Deputy Director, as the case may be; nor shall the Director or Deputy Director, except with the approval of the Board, hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other arrangement under this chapter.

Oct. 13, 1972
1 - 1 - 5 Powers of Office of Technology Assessment
(a)Use of public and private personnel and organizations; formation of special ad hoc task forces; contracts with governmental, etc., agencies and instrumentalities; advance, progress, and other payments; utilization of services of voluntary and uncompensated personnel; acquisition, holding, and disposal of real and personal property; promulgation of rules and regulationsThe Office shall have the authority, within the limits of available appropriations, to do all things necessary to carry out the provisions of this chapter, including, but without being limited to, the authority to—
(1)
make full use of competent personnel and organizations outside the Office, public or private, and form special ad hoc task forces or make other arrangements when appropriate;
(2)
enter into contracts or other arrangements as may be necessary for the conduct of the work of the Office with any agency or instrumentality of the United States, with any State, territory, or possession or any political subdivision thereof, or with any person, firm, association, corporation, or educational institution, with or without reimbursement, without performance or other bonds, and without regard to section 6101 of title 41;
(3)
make advance, progress, and other payments which relate to technology assessment without regard to the provisions of section 3324(a) and (b) of title 31;
(4)
accept and utilize the services of voluntary and uncompensated personnel necessary for the conduct of the work of the Office and provide transportation and subsistence as authorized by section 5703 of title 5, for persons serving without compensation;
(5)
acquire by purchase, lease, loan, or gift, and hold and dispose of by sale, lease, or loan, real and personal property of all kinds necessary for or resulting from the exercise of authority granted by this chapter; and
(6)
prescribe such rules and regulations as it deems necessary governing the operation and organization of the Office.
(b)Recordkeeping by contractors and other parties entering into contracts and other arrangements with Office; availability of books and records to Office and Comptroller General for audit and examination

Contractors and other parties entering into contracts and other arrangements under this section which involve costs to the Government shall maintain such books and related records as will facilitate an effective audit in such detail and in such manner as shall be prescribed by the Office, and such books and rec­ords (and related documents and papers) shall be available to the Office and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination.

(c)Operation of laboratories, pilot plants, or test facilities

The Office, in carrying out the provisions of this chapter, shall not, itself, operate any laboratories, pilot plants, or test facilities.

(d)Requests to executive departments or agencies for information, suggestions, estimates, statistics, and technical assistance; duty of executive departments and agencies to furnish information, etc.

The Office is authorized to secure directly from any executive department or agency information, suggestions, estimates, statistics, and technical assistance for the purpose of carrying out its functions under this chapter. Each such executive department or agency shall furnish the information, suggestions, estimates, statistics, and technical assistance directly to the Office upon its request.

(e)Requests to heads of executive departments or agencies for detail of personnel; reimbursement

On request of the Office, the head of any executive department or agency may detail, with or without reimbursement, any of its personnel to assist the Office in carrying out its functions under this chapter.

(f)Appointment and compensation of personnel

The Director shall, in accordance with such policies as the Board shall prescribe, appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this chapter.

 Oct. 13, 1972
1 - 1 - 6 Technology Assessment Advisory Council
(a)Establishment; compositionThe Office shall establish a Technology Assessment Advisory Council (hereinafter referred to as the “Council”). The Council shall be composed of the following twelve members:
(1)
ten members from the public, to be appointed by the Board, who shall be persons eminent in one or more fields of the physical, biological, or social sciences or engineering or experienced in the administration of technological activities, or who may be judged qualified on the basis of contributions made to educational or public activities;
(2)
(3)
the Director of the Congressional Research Service of the Library of Congress.
(b)DutiesThe Council, upon request by the Board, shall—
(1)
review and make recommendations to the Board on activities undertaken by the Office or on the initiation thereof in accordance with section 472(d) of this title;
(2)
review and make recommendations to the Board on the findings of any assessment made by or for the Office; and
(3)
undertake such additional related tasks as the Board may direct.
(c)Chairman and Vice Chairman; election by Council from members appointed from public; terms and conditions of service

The Council by majority vote, shall elect from its members appointed under subsection (a)(1) of this section a Chairman and a Vice Chairman, who shall serve for such time and under such conditions as the Council may prescribe. In the absence of the Chairman, or in the event of his incapacity, the Vice Chairman shall act as Chairman.

(d)Terms of office of members appointed from public; reappointment

The term of office of each member of the Council appointed under subsection (a)(1) shall be four years except that any such member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. No person shall be appointed a member of the Council under subsection (a)(1) more than twice. Terms of the members appointed under subsection (a)(1) shall be staggered so as to establish a rotating membership according to such method as the Board may devise.

(e)Payment to Comptroller General and Director of Congressional Research Service of travel and other necessary expenses; payment to members appointed from public of compensation and reimbursement for travel, subsistence, and other necessary expenses
(1)
The members of the Council other than those appointed under subsection (a)(1) shall receive no pay for their services as members of the Council, but shall be allowed necessary travel expenses (or, in the alternative, mileage for use of privately owned vehicles and payments when traveling on official business at not to exceed the payment prescribed in regulations implementing section 5702 and in [1] 5704 of title 5), and other necessary expenses incurred by them in the performance of duties vested in the Council, without regard to the provisions of subchapter 1 of chapter 57 and section 5731 of title 5, and regulations promulgated thereunder.
(2)
The members of the Council appointed under subsection (a)(1) shall receive compensation for each day engaged in the actual performance of duties vested in the Council at rates of pay not in excess of the daily equivalent of the highest rate of basic pay set forth in the General Schedule of section 5332(a) of title 5, and in addition shall be reimbursed for travel, subsistence, and other necessary expenses in the manner provided for other members of the Council under paragraph (1) of this subsection.

Oct. 13, 1972Jan. 2, 1986
1 - 1 - 7 Utilization of services of Library of Congress
(a)Authority of Librarian to make available services and assistance of Congressional Research Service

To carry out the objectives of this chapter, the Librarian of Congress is authorized to make available to the Office such services and assistance of the Congressional Research Service as may be appropriate and feasible.

(b)Scope of services and assistance

Such services and assistance made available to the Office shall include, but not be limited to, all of the services and assistance which the Congressional Research Service is otherwise authorized to provide to the Congress.

(c)Services or responsibilities performed by Congressional Research Service for Congress not altered or modified; authority of Librarian to establish within Congressional Research Service additional divisions, etc.

Nothing in this section shall alter or modify any services or responsibilities, other than those performed for the Office, which the Congressional Research Service under law performs for or on behalf of the Congress. The Librarian is, however, authorized to establish within the Congressional Research Service such additional divisions, groups, or other organizational entities as may be necessary to carry out the purpose of this chapter.

(d)Reimbursement for services and assistance

Services and assistance made available to the Office by the Congressional Research Service in accordance with this section may be provided with or without reimbursement from funds of the Office, as agreed upon by the Board and the Librarian of Congress.

 Oct. 13, 1972
1 - 1 - 8 Utilization of the Government Accountability Office
(a)Authority of Government Accountability Office to furnish financial and administrative services

Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel, and procurement) and such other services as may be appropriate shall be provided the Office by the Government Accountability Office.

(b)Scope of services and assistance

Such services and assistance to the Office shall include, but not be limited to, all of the services and assistance which the Government Accountability Office is otherwise authorized to provide to the Congress.

(c)Services or responsibilities performed by Government Accountability Office for Congress not altered or modified

Nothing in this section shall alter or modify any services or responsibilities, other than those performed for the Office, which the Government Accountability Office under law performs for or on behalf of the Congress.

(d)Reimbursement for services and assistance

Services and assistance made available to the Office by the Government Accountability Office in accordance with this section may be provided with or without reimbursement from funds of the Office, as agreed upon by the Board and the Comptroller General.

Oct. 13, 1972, July 7, 2004
1 - 1 - 9  Coordination of activities with National Science Foundation
The Office shall maintain a continuing liaison with the National Science Foundation with respect to—
(1)
grants and contracts formulated or activated by the Foundation which are for purposes of technology assessment; and
(2)
the promotion of coordination in areas of technology assessment, and the avoidance of unnecessary duplication or overlapping of research activities in the development of technology assessment techniques and programs.
Oct. 13, 1972,
1 - 1 - 10 Authorization of appropriations; availability of appropriations
(a)
To enable the Office to carry out its powers and duties, there is hereby authorized to be appropriated to the Office, out of any money in the Treasury not otherwise appropriated, not to exceed $5,000,000 in the aggregate for the two fiscal years ending June 30, 1973, and June 30, 1974, and thereafter such sums as may be necessary.
(b)
Appropriations made pursuant to the authority provided in subsection (a) shall remain available for obligation, for expenditure, or for obligation and expenditure for such period or periods as may be specified in the Act making such appropriations.
Oct. 13, 1972,
 
2 - 22 CONGRESSIONAL MAILING STANDARDS §§ 501 to 506
1 - 1 - 1  House Commission on Congressional Mailing Standards
(a)Establishment; designation

There is established a special commission of the House of Representatives, designated the “House Commission on Congressional Mailing Standards” (herein referred to as the “Commission”).

(b)Membership; political party representation; Chairman; vacancies; quorum

The Commission shall be composed of six Members appointed by the Speaker of the House, three from the majority political party, and three from the minority political party, in the House. The Speaker shall designate as Chairman of the Commission, from among the members of the Committee on Post Office and Civil Service of the House, one of the Membersappointed to the Commission. A vacancy in the membership of the Commission shall be filled in the same manner as the original appointment. Four members of the Commission shall constitute a quorum to do business.

(c)Assistance and use of personnel, including chief counsel, of Committee on Post Office and Civil Service of the House

In performing its duties and functions, the Commission may use such personnel, office space, equipment, and facilities of, and obtain such other assistance from, the Committee on Post Office and Civil Service of the House, as such committee shall make available to the Commission. Such personnel and assistance shall include, in all cases, the services and assistance of the chief counsel or other head of the professional staff (by whatever title designated) of such committee. All assistance so furnished to the Commission by the Committee on Post Office and Civil Service shall be sufficient to enable the Commission to perform its duties and functions efficiently and effectively.

(d)Advisory opinions or consultations respecting franked mail for persons entitled to franking privilege; franking privilege regulations

The Commission shall provide guidance, assistance, advice, and counsel, through advisory opinions or consultations, in connection with the mailing or contemplated mailing of franked mail under section 3210, 3211, 3212, 3213(2), 3218, or 3219, in connection with the operation of section 3215, of title 39, and in connection with any other Federal law (other than any law which imposes any criminal penalty) or any rule of the House of Representatives relating to franked mail, upon the request of any Member of the House or Member-elect, Resident Commissioner or Resident Commissioner-elect, Delegate or Delegate-elect, any former Member of the House or former Member-elect, Resident Commissioner or Resident Commissioner-elect, Delegate or Delegate-elect, any surviving spouse of any of the foregoing (or any individual designated by the Clerk of the House under section 3218 of title 39), or any other House official or former House official, entitled to send mail as franked mail under any of those sections. The Commission shall prescribe regulations governing the proper use of the franking privilege under those sections by such persons.

(e)Complaint of franked mail violations; investigation; notice and hearing; conclusiveness of findings; decision of Commission; judicial review; reference of certain violations to Committee on Standards of Official Conduct of the House for appropriate action and enforcement; administrative procedure regulations

Any complaint by any person that a violation of any section of title 39 referred to in subsection (d) of this section (or any other Federal law which does not include any criminal penalty or any rule of the House of Representatives relating to franked mail) is about to occur, or has occurred within the immediately preceding period of one year, by any person referred to in such subsection (d), shall contain pertinent factual material and shall conform to regulations prescribed by the Commission. The Commission, if it determines there is reasonable justification for the complaint, shall conduct an investigation of the matter, including an investigation of reports and statements filed by the complainant with respect to the matter which is the subject of the complaint. The Commission shall afford to the person who is the subject of the complaint due notice and, if it determines that there is substantial reason to believe that such violation has occurred or is about to occur, opportunity for all parties to participate in a hearing before the Commission. The Commission shall issue a written decision on each complaint under this subsection not later than thirty days after such a complaint has been filed or, if a hearing is held, not later than thirty daysafter the conclusion of such hearing. Such decision shall be based on written findings of fact in the case by the Commission. Such findings of fact by the Commission on which its decision is based are binding and conclusive for all judicial and administrative purposes, including purposes of any judicial challenge or review. Any judicial review of such decision, if ordered on any ground, shall be limited to matters of law. If the Commission finds in its written decision, that a serious and willful violation has occurred or is about to occur, it may refer such decision to the Committee on Standards of Official Conduct of the House of Representatives for appropriate action and enforcement by the committee concerned in accordance with applicable rules and precedents of the House and such other standards as may be prescribed by such committee. In the case of a former Member of the House or a former Member-elect, a former Resident Commissioner or Delegate or Resident Commissioner-elect or Delegate-elect, any surviving spouse of any of the foregoing (or any individual designated by the Clerk of the House under section 3218 of title 39), or any other former House official, if the Commission finds in its written decision that any serious and willful violation has occurred or is about to occur, then the Commission may refer the matter to any appropriate law enforcement agency or official for appropriate remedial action. Notwithstanding any other provision of law, no court or administrative body in the United States or in any territory thereof shall have jurisdiction to entertain any civil action of any character concerning or related to a violation of the franking laws or an abuse of the franking privilege by any person listed under subsection (d) of this section as entitled to send mail as franked mail, except judicial review of the decisions of the Commission under this subsection. The Commission shall prescribe regulations for the holding of investigations and hearings, the conduct of proceedings, and the rendering of decisions under this subsection providing for equitable procedures and the protection of individual, public, and Government interests. The regulations shall, insofar as practicable, contain the substance of the administrative procedure provisions of sections 551–559, and 701–706, of title 5. These regulations shall govern matters under this subsection subject to judicial review thereof.

(f)Procedural considerations; sessions, place and time; subpenas, issuance and service; oaths and affirmations; testimony; printing and binding; expenditures; organizational and procedural regulations; majority assent

The Commission may sit and act at such places and times during the sessions, recesses, and adjourned periods of Congress, require by subpena or otherwise the attendance of such witnesses and the production of such books, papers, and documents, administer such oaths and affirmations, take such testimony, procure such printing and binding, and make such expenditures, as the Commission considers advisable. The Commission may make such rules respecting its organization and procedures as it considers necessary, except that no action shall be taken by the Commission unless a majority of the Commission assent. Subpenas may be issued over the signature of the Chairman of the Commission or of any member designated by him or by the Commission, and may be served by such person or persons as may be designated by such Chairman or member. The Chairman of the Commission or any member thereof may administer oaths or affirmations to witnesses.

(g)Property of Commission; records; voting record; location of records, data, and files

The Commission shall keep a complete record of all its actions, including a record of the votes on any question on which a record vote is demanded. All records, data, and files of the Commission shall be the property of the Commission and shall be kept in the offices of the Commission or such other places as the Commission may direct.

Dec. 18, 1973,  Mar. 27, 1974, Oct. 26, 1981
1 - 1 - 2 Select Committee on Standards and Conduct of the Senate
(a)Advisory opinions or consultations respecting franked mail for persons entitled to franking privilege; franking privilege regulations

The Select Committee on Standards and Conduct of the Senate shall provide guidance, assistance, advice and counsel, through advisory opinions or consultations, in connection with the mailing or contemplated mailing of franked mail under section 3210, 3211, 3212, 3213(2), 3218, or 3219, and in connection with the operation of section 3215, of title 39,upon the request of any Member of the Senate or Member-elect, surviving spouse of any of the foregoing, or other Senate official, entitled to send mail as franked mail under any of those sections. The select committee shall prescribe regulations governing the proper use of the franking privilege under those sections by such persons.

(b)Complaint of franked mail violations; investigation; notice and hearing; decision of select committee; enforcement

Any complaint filed by any person with the select committee that a violation of any section of title 39 referred to in subsection (a) of this section is about to occur or has occurred within the immediately preceding period of one year, by any person referred to in such subsection (a), shall contain pertinent factual material and shall conform to regulations prescribed by the select committee. The select committee, if it determines there is reasonable justification for the complaint, shall conduct an investigation of the matter, including an investigation of reports and statements filed by the complainant with respect to the matter which is the subject of the complaint. The committee shall afford to the person who is the subject of the complaint due notice and, if it determines that there is substantial reason to believe that such violation has occurred or is about to occur, opportunity for all parties to participate in a hearing before the select committee. The select committee shall issue a written decision on each complaint under this subsection not later than thirty days after such a complaint has been filed or, if a hearing is held, not later than thirty days after the conclusion of such hearing. Such decision shall be based on written findings of fact in the case by the select committee. If the select committee finds, in its written decision, that a violation has occurred or is about to occur, the committee may take such action and enforcement as it considers appropriate in accordance with applicable rules, precedents, and standing orders of the Senate, and such other standards as may be prescribed by such committee.

(c)Administrative or judicial jurisdiction of civil actions respecting franking law violations or abuses of franking privilege dependent on filing of complaint with select committee and rendition of decision by such committee

Notwithstanding any other provision of law, no court or administrative body in the United States or in any territory thereof shall have jurisdiction to entertain any civil action of any character concerning or related to a violation of the franking laws or an abuse of the franking privilege by any person listed under subsection (a) of this section as entitled to send mail as franked mail, until a complaint has been filed with the select committee and the committee has rendered a decision under subsection (b) of this section.

(d)Administrative procedure regulations

The select committee shall prescribe regulations for the holding of investigations and hearings, the conduct of proceedings, and the rendering of decisions under this subsection providing for equitable procedures and the protection of individual, public, and Government interests. The regulations shall, insofar as practicable, contain the substance of the administrative procedure provisions of sections 551 to 559 and 701 to 706, of title 5. These regulations shall govern matters under this subsection subject to judicial review thereof.

(e)Property of Senate; records of select committee; voting record; location of records, data, and files

The select committee shall keep a complete record of all its actions, including a record of the votes on any question on which a record vote is demanded. All records, data, and files of the select committee shall be the property of the Senate and shall be kept in the offices of the select committee or such other places as the committee may direct.

Dec. 18, 1973, Mar. 27, 1974,
1 - 1 - 3 Official mail of persons entitled to use congressional frank
(a)Congressional committee regulations for expenditure of appropriations for official mailExcept as otherwise provided in this section, funds appropriated by this Act or any other Act for expenses of official mail of any person entitled to use the congressional frank may be expended only in accordance with regulations prescribed by the Committee on Rules and Administration of the Senate or the Committee on House Oversight of the House of Representatives, as applicable. Such regulations shall require—
(1)
individual accountability for use of official mail by each person entitled to use the congressional frank;
(2)
(A)
with respect to the House of Representatives, allocation of funds for official mail to be made to each such person with respect to each session of Congress (with no transfer to any other session or to any other such person); and
(B)
with respect to the Senate, allocation of funds for official mail to be made to each such person with respect to each session of Congress (with no transfer to any other session, other than transfers from the first session of a Congress to the second session of that Congress, or to any other such person); and
(3)
with respect to the House of Representatives, that in addition to any other report or information made available to the public (through the House Commission on Congressional Mailing Standards or otherwise) regarding the use of the frank, the Chief Administrative Officer of the House of Representatives shall include in the quarterly report of receipts and expenditures submitted to the House of Representatives a statement (based solely on data provided for that purpose by the Committee on House Oversight of the House of Representatives and the House Commission on Congressional Mailing Standards) of costs incurred for official mail by each person entitled to use the congressional frank.
(b)Postmaster General functionsThe Postmaster General, in consultation with the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives—
(1)
shall monitor use of official mail by each person entitled to use the congressional frank;
(2)
at least monthly, shall notify any person with an allocation under subsection (a)(2)(A) as to the amount that has been used and any person with an allocation under subsection (a)(2)(B) as to the percentage of the allocation that has been used; and
(3)
may not carry or deliver official mail the cost of which is in excess of an allocation under subsection (a)(2).
(c)Source of funds for expenses of official mailExpenses of official mail of the Senate and the House of Representatives may be paid only from funds specifically appropriated for that purpose and funds so appropriated—
(1)
may be supplemented by other appropriated funds only if such supplementation is provided for by law or by regulation under subsection (a); and
(2)
may not be supplemented by funds from any other source, public or private.
(d)Maintenance or use of unofficial office accounts or defrayal of official expenses from certain funds prohibitedNo Senator or Member of the House of Representatives may maintain or use, directly or indirectly, an unofficial office account or defray official expenses for franked mail, employee salaries, office space, furniture, or equipment and any associated information technology services (excluding handheld communications devices) from—
(1)
funds received from a political committee or derived from a contribution or expenditure (as such terms are defined in section 30101 of title 52);
(2)
funds received as reimbursement for expenses incurred by the Senator or Member in connection with personal services provided by the Senator or Member to the person making the reimbursement; or
(3)
any other funds that are not specifically appropriated for official expenses.
(e)Official Mail Allowance in House of Representatives
(1)The use of funds of the House of Representatives which are made available for official mail of Members, officers, and employees of the House of Representatives who are persons entitled to use the congressional frank shall be governed by regulations promulgated—
(A)
by the Committee on House Oversight of the House of Representatives, with respect to allocation and expenditures relating to official mail (except as provided in subparagraph (B)); and
(B)
by the House Commission on Congressional Mailing Standards, with respect to matters under section 3210(a)(6)(D) of title 39.
(2)Funds used for official mail—
(A)
with respect to a Member of the House of Representatives, shall be available, in a session of Congress, in a total amount, as determined under paragraph (1)(A), of not more than the product of (i) 3 times the single-piece rate applicable to first class mail, and (ii) the number (as determined by the Postmaster General) of addresses (other than business possible delivery stops) in the congressional district, as such addresses are described in section 3210(d)(7)(B) of title 39; and
(B)
with respect to any other person entitled to use the congressional frank in the House of Representatives (including any Member of the House of Representatives who receives an allocation under subsection (a)(2) with respect to duties as an elected officer of, or holder of another position in, the House of Representatives), shall be available, in a session of Congress, in a total amount determined under paragraph (1)(A).
(f)Mass mailing; submission of samples or description of proposed mail matter; advisory opinion

Member of the House of Representatives shall, before making any mass mailing, submit a sample or description of the mail matter involved to the House Commission on Congressional Mailing Standards for an advisory opinion as to whether such proposed mailing is in compliance with applicable provisions of law, rule, or regulation.

(g)“Member of the House of Representatives” and “person entitled to use the congressional frank” definedAs used in subsections (a) through (f)—
(1)
the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress; and
(2)
the term “person entitled to use the congressional frank” means a Senator, Member of the House of Representatives, or other person authorized to use the frank under section 3210(b) of title 39.
(h)Omitted
(i)Effective date

This section and the amendments made by this section shall apply with respect to sessions of Congress beginning with the first session of the One Hundred Second Congress, except that, with respect to the Senate, subsection (d) shall apply beginning on May 1, 1992, and the funds referred to in paragraph (3) of such subsection shall not include personal funds of a Senator or Member of the House of Representatives.

Nov. 5, 1990Dec. 12, 1991, Aug. 20, 1996, Oct. 21, 1998, Apr. 8, 1999Sept. 29, 1999Nov. 12, 2001Sept. 30, 2003
1 - 1 - 4 Mass mailings by Senate offices; quarterly statements; publication of summary tabulations

Two weeks after the close of each calendar quarter, or as soon as practicable thereafter, the Sergeant at Arms and Doorkeeper of the Senate shall send to each Senate office a statement of the cost of postage and paper and of the other operating expenses incurred as a result of mass mailings processed for such Senate office during such quarter. The statement shall separately identify the cost of postage and paper and other costs, and shall distinguish the costs attributable to newsletters and all other mass mailings. The statement shall also include the total cost per capita in the State. A compilation of all such statements shall be sent to the Senate Committee on Rules and Administration. A summary tabulation of such information shall be published quarterly in the Congressional Record and included in the semiannual report of the Secretary of the Senate. Such summary tabulation shall set forth for each Senate office the following information: the Senate office’s name, the total number of pieces of mass mail mailed during the quarter, the total cost of such mail, and, in the case of Senators, the cost of such mail divided by the total population of the State from which the Senator was elected, and the total number of pieces of mass mail divided by the total population of the State from which the Senator was elected, and in the case of each Senator, the allocation made to such Senator from the appropriation for official mail expenses.

Nov. 5, 1990,   July 22, 1994
1 - 1 - 5 Mass mailing of information by Senators under frank; quarterly registration with Secretary of Senate

In fiscal year 1991 and thereafter, when a Senator disseminates information under the frank by a mass mailing (as defined in section 3210(a)(6)(E) of title 39), the Senator shall register quarterly with the Secretary of the Senate such mass mailings. Such registration shall be made by filing with the Secretary a copy of the matter mailed and providing, on a form supplied by the Secretary, a description of the group or groups of persons to whom the mass mailing was mailed and the number of pieces mailed.

Nov. 5, 1990
1 - 1 - 6 Mass mailing sent by House Members
(a)Notice that mailing is at taxpayer expense

Each mass mailing sent by a Member of the House of Representatives shall bear in a prominent place on its face, or on the envelope or outside cover or wrapper in which the mail matter is sent, the following notice: “this mailing was prepared, published, and mailed at taxpayer expense.”, or a notice to the same effect in words which may be prescribed under subsection (c). The notice shall be printed in a type size not smaller than 7-point.

(b)Publication of each Member’s total expense and amount
(1)
There shall be published in the itemized report of disbursements of the House of Representatives as required by law, a summary tabulation setting forth, for the office of each Member of the House of Representatives, the total number of pieces of mass mail mailed during the period involved and the total cost of those mass mailings.
(2)Each such tabulation shall also include—
(A)
the total cost (as referred to in paragraph (1)) divided by the number (as determined by the Postmaster General) of addresses (other than business possible delivery stops) in the Congressional district from which the Member was elected (as such addresses are described in section 3210(d)(7)(B) of title 39); and
(B)
the total number of pieces of mass mail (as referred to in paragraph (1)) divided by the number (as determined by the Postmaster General) of addresses (other than business possible delivery stops) in the Congressional district from which the Member was elected (as such addresses are described in section 3210(d)(7)(B) of title 39).
(c)Regulations

The Committee on House Oversight shall prescribe such rules and regulations and shall take such other action as the Committee considers necessary and proper for Members to conform to the provisions of this subsection and applicable rules and regulations.

(d)DefinitionsFor purposes of this section—
(1)
the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress; and
(2)
the term “mass mailing” has the meaning given such term by section 3210(a)(6)(E) of title 39.
(e)Applicability

This section shall apply with respect to sessions of Congress beginning after September 16, 1996.

Sept. 16, 1996
 
2 - 23  CONGRESSIONAL BUDGET OFFICE §§ 601 to 613
1 - 1 - 1 Establishment
(a)In general
(1)
There is established an office of the Congress to be known as the Congressional Budget Office (hereinafter in this chapter referred to as the “Office”). The Office shall be headed by a Director; and there shall be a Deputy Director who shall perform such duties as may be assigned to him by the Director and, during the absence or incapacity of the Director or during a vacancy in that office, shall act as Director.
(2)
The Director shall be appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate after considering recommendations received from the Committees on the Budget of the House and the Senate, without regard to political affiliation and solely on the basis of his fitness to perform his duties. The Deputy Director shall be appointed by the Director.
(3)
The term of office of the Director shall be 4 years and shall expire on January 3 of the year preceding each Presidential election. Any individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of that term. An individual serving as Director at the expiration of a term may continue to serve until his successor is appointed. Any Deputy Director shall serve until the expiration of the term of office of the Director who appointed him (and until his successor is appointed), unless sooner removed by the Director.
(4)
The Director may be removed by either House by resolution.
(5)
(A)The Director shall receive compensation at an annual rate of pay that is equal to the lower of—
(i)
the highest annual rate of compensation of any officer of the Senate; or
(ii)
the highest annual rate of compensation of any officer of the House of Representatives.
(B)
The Deputy Director shall receive compensation at an annual rate of pay that is $1,000 less than the annual rate of pay received by the Director, as determined under subparagraph (A).
(b)Personnel

The Director shall appoint and fix the compensation of such personnel as may be necessary to carry out the duties and functions of the Office. All personnel of the Office shall be appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties. The Director may prescribe the duties and responsibilities of the personnel of the Office, and delegate to them authority to perform any of the duties, powers, and functions imposed on the Office or on the Director. For purposes of pay (other than pay of the Director and Deputy Director) and employment benefits, rights, and privileges, all personnel of the Office shall be treated as if they were employees of the House of Representatives.

(c)Experts and consultants

In carrying out the duties and functions of the Office, the Director may procure the temporary (not to exceed one year) or intermittent services of experts or consultants or organizations thereof by contract as independent contractors, or, in the case of individual experts or consultants, by employment at rates of pay not in excess of the daily equivalent of the highest rate of basic pay payable under the General Schedule of section 5332 of title 5.

(d)Relationship to executive branch

The Director is authorized to secure information, data, estimates, and statistics directly from the various departments, agencies, and establishments of the executive branch of Government and the regulatory agencies and commissions of the Government. All such departments, agencies, establishments, and regulatory agencies and commissions shall furnish the Director any available material which he determines to be necessary in the performance of his duties and functions (other than material the disclosure of which would be a violation of law). The Director is also authorized, upon agreement with the head of any such department, agency, establishment, or regulatory agency or commission, to utilize its services, facilities, and personnel with or without reimbursement; and the head of each such department, agency, establishment, or regulatory agency or commission is authorized to provide the Office such services, facilities, and personnel.

(e)Relationship to other agencies of Congress

In carrying out the duties and functions of the Office, and for the purpose of coordinating the operations of the Office with those of other congressional agencies with a view to utilizing most effectively the information, services, and capabilities of all such agencies in carrying out the various responsibilities assigned to each, the Director is authorized to obtain information, data, estimates, and statistics developed by the Government Accountability Office,[1] and the Library of Congress, and (upon agreement with them) to utilize their services, facilities, and personnel with or without reimbursement. The Comptroller General,[1] and the Librarian of Congress are authorized to provide the Office with the information, data, estimates, and statistics, and the services, facilities, and personnel, referred to in the preceding sentence.

(f)Revenue estimates

For the purposes of revenue legislation which is income, estate and gift, excise, and payroll taxes (i.e., Social Security), considered or enacted in any session of Congress, the Congressional Budget Office shall use exclusively during that session of Congress revenue estimates provided to it by the Joint Committee on Taxation. During that session of Congress such revenue estimates shall be transmitted by the Congressional Budget Office to any committee of the House of Representatives or the Senate requesting such estimates, and shall be used by such Committees in determining such estimates. The Budget Committees of the Senate and House shall determine all estimates with respect to scoring points of order and with respect to the execution of the purposes of this Act.

(g)Authorization of appropriations

There are authorized to be appropriated to the Office for each fiscal year such sums as may be necessary to enable it to carry out its duties and functions. Until sums are first appropriated pursuant to the preceding sentence, but for a period not exceeding 12 months following the effective date of this subsection, the expenses of the Office shall be paid from the contingent fund of the Senate, in accordance with section 6503 of this title, and upon vouchers approved by the Director.


 July 12, 1974Dec. 12, 1985, Nov. 5, 1990,  Nov. 5, 1990 Aug. 5, 1997Nov. 29, 1999July 7, 2004
1 - 1 - 2 Duties and functions
(a)Assistance to budget committees

It shall be the primary duty and function of the Office to provide to the Committees on the Budget of both Houses information which will assist such committees in the discharge of all matters within their jurisdictions, including (1) information with respect to the budget, appropriation bills, and other bills authorizing or providing new budget authority or tax expenditures, (2) information with respect to revenues, receipts, estimated future revenues and receipts, and changing revenue conditions, and (3) such related information as such Committees may request.

(b)Assistance to Committees on Appropriations, Ways and Means, and Finance

At the request of the Committee on Appropriations of either House, the Committee on Ways and Means of the House of Representatives, or the Committee on Finance of the Senate, the Office shall provide to such Committee any information which will assist it in the discharge of matters within its jurisdiction, including information described in clauses (1) and (2) of subsection (a) and such related information as the Committee may request.

(c)Assistance to other committees and Members
(1)
At the request of any other committee of the House of Representatives or the Senate or any joint committee of the Congress, the Office shall provide to such committee or joint committee any information compiled in carrying out clauses (1) and (2) of subsection (a), and, to the extent practicable, such additional information related to the foregoing as may be requested.
(2)At the request of any committee of the Senate or the House of Representatives, the Office shall, to the extent practicable, consult with and assist such committee in analyzing the budgetary or financial impact of any proposed legislation that may have—
(A)
a significant budgetary impact on State, local, or tribal governments;
(B)
a significant financial impact on the private sector; or
(C)
a significant employment impact on the private sector.
(3)
At the request of any Member of the House or Senate, the Office shall provide to such Member any information compiled in carrying out clauses (1) and (2) of subsection (a), and, to the extent available, such additional information related to the foregoing as may be requested.
(d)Assignment of office personnel to committees and joint committees

At the request of the Committee on the Budget of either House, personnel of the Office shall be assigned, on a temporary basis, to assist such committee. At the request of any other committee of either House or any joint committee of the Congress, personnel of the Office may be assigned, on a temporary basis, to assist such committee or joint committee with respect to matters directly related to the applicable provisions of subsection (b) or (c).

(e)Reports to budget committees
(1)
On or before February 15 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a report, for the fiscal year commencing on October 1 of that year, with respect to fiscal policy, including (A) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and deficits), (B) the levels of tax expenditures under existing law, taking into account projected economic factors and any changes in such levels based on proposals in the budget submitted by the President for such fiscal year, and (C) a statement of the levels of budget authority and outlays for each program assumed to be extended in the baseline, as provided in section 907(b)(2)(A) of this title and for excise taxes assumed to be extended under section 907(b)(2)(C) of this title. Such report shall also include a discussion of national budget priorities, including alternative ways of allocating new budget authority and budget outlays for such fiscal year among major programs or functional categories, taking into account how such alternative allocations will meet major national needs and affect balanced growth and development of the United States.
(2)
The Director shall from time to time submit to the Committees on the Budget of the House of Representatives and the Senate such further reports (including reports revising the report required by paragraph (1)) as may be necessary or appropriate to provide such Committees with information, data, and analyses for the performance of their duties and functions.
(3)
On or before January 15 of each year, the Director, after consultation with the appropriate committees of the House of Representatives and Senate, shall submit to the Congress a report listing (A) all programs and activities funded during the fiscal year ending September 30 of that calendar year for which authorizations for appropriations have not been enacted for that fiscal year, and (B) all programs and activities for which authorizations for appropriations have been enacted for the fiscal year ending September 30 of that calendar year, but for which no authorizations for appropriations have been enacted for the fiscal year beginning October 1 of that calendar year.
(f)Use of computers and other techniques

The Director may equip the Office with up-to-date computer capability (upon approval of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate), obtain the services of experts and consultants in computer technology, and develop techniques for the evaluation of budgetary requirements.

(g)Studies
(1)Continuing studies

The Director of the Congressional Budget Office shall conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures.

(2)Federal mandate studies
(A)
At the request of any Chairman or ranking member of the minority of a Committee of the Senate or the House of Representatives, the Director shall, to the extent practicable, conduct a study of a legislative proposal containing a Federal mandate.
(B)In conducting a study on intergovernmental mandates under subparagraph (A), the Director shall—
(i)
solicit and consider information or comments from elected officials (including their designated representatives) of State, local, or tribal governments as may provide helpful information or comments;
(ii)
consider establishing advisory panels of elected officials or their designated representatives, of State, local, or tribal governments if the Director determines that such advisory panels wo