SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 179, 179f, 179g, 179h, 1791, 179j, 179k of this title. § 179f. Remedies (a) Jurisdiction The several district courts of the United States shall have jurisdiction, for cause shown, to prevent and restrain violations of section 179e(a) of this title. (b) Relief (1) Except as provided in paragraph (2), relief for a violation of section 179e(a) of this title shall be limited to the removal of the seal of the National Film Registry from the film involved in the violation. (2) In the case of a pattern or practice of the willful violation of section 179e(a) of this title, the United States district courts may order a civil fine of not more than $10,000 and appropriate injunctive relief. (Pub. L. 102-307, title II, § 208, June 26, 1992, 106 Stat. 271.) TERMINATION OF SECTION For termination of section, see section 179k of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 179, 179g, 179h, 1791, 179j, 179k of this title. § 179g. Limitations of remedies The remedies provided in section 179f of this title shall be the exclusive remedies under sections 179 to 179k of this title, or any other Federal or State law, regarding the use of the seal described in section 179a(b)(3) of this title. (Pub. L. 102-307, title II, § 209, June 26, 1992, 106 Stat. 271.) TERMINATION OF SECTION For termination of section, see section 179k of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 179, 179h, 179i, 179j, 179k of this title. § 179h. Staff of Board; experts and consultants (a) Staff The Librarian may appoint and fix the pay of such personnel as the Librarian considers appropriate to carry out sections 179 to 179k of this title. (b) Experts and consultants The Librarian may, in carrying out sections 179 to 179k of this title, procure temporary and intermittent services under section 3109(b) of title 5, but at rates for individuals not to exceed the daily equivalent of the maximum rate of basic pay payable for GS-15 of the General Schedule. In no case may a member of the Board be paid as an expert or consultant under such section. (Pub. L. 102-307, title II, § 210, June 26, 1992, 106 Stat. 271.) TERMINATION OF SECTION For termination of section, see section 179k of this title. REFERENCES IN TEXT The General Schedule, referred to in subsec. (b), is set out under section 5332 of Title 5, Government Organization and Employees. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 179, 179g, 1791, 179j, 179k of this title. § 1791. Definitions As used in sections 179 to 179k 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 disks; (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 the film first published, or as complete a version as the 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. (Pub. L. 102-307, title II, § 211, June 26, 1992, 106 Stat. 271.) TERMINATION OF SECTION For termination of section, see section 179k of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 179, 179g, 179h, 179j, 179k of this title. § 179j. Authorization of appropriations There are authorized to be appropriated to the Librarian such sums as are necessary to carry out the provisions of sections 179 to 179k of this title, but in no fiscal year shall such sum exceed $250,000. (Pub. L. 102-307, title II, § 212, June 26, 1992, 106 Stat. 272.) TERMINATION OF SECTION For termination of section, see section 179k of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 179, 179g, 179h, 1791, 179k of this title. 8 179k. Effective date The provisions of sections 179 to 179k of this title shall be effective for four years beginning on June 26, 1992. The provisions of sections 179 to 179k of this title shall apply to any copy of any film, including those copies of films selected for inclusion in the National Film Registry (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. (As amended Pub. L. 101-194, title VII, § 701(b), Nov. 30, 1989, 103 Stat. 1763.) REFERENCES IN TEXT The Federal Regulation of Lobbying Act, referred to in par. (2)(B), is title III of act Aug. 2, 1946, ch. 753, 60 Stat. 839, which is classified generally to chapter 8A (§ 261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 261 of this title and Tables. AMENDMENTS 1989-Pub. L. 101-194 amended section generally, substituting pars. (1) to (8) for former pars. (1) to (5). § 353. 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 [See main edition for text of (A) and (B)] (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. (As amended Pub. L. 101-194, title VII, § 701(c), Nov. 30, 1989, 103 Stat. 1764.) AMENDMENTS 1989-Pub. L. 101-194 substituted “subparagraphs (A) and (B) of section 352(8) of this title" for "section 352(2) and (3) of this title” in pars. (1) and (2). REFERENCES IN OTHER LAWS TO GS-16, 17, or 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 352 of this title. § 356. 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 [See main edition for text of (A) and (B)] (C) justices, judges, and other personnel in the judicial branch referred to in section 403 of the Federal Judicial Salary Act of 1964 (78 Stat. 434; Public Law 88-426) except bankruptcy judges, but including the judges of the United States Court of Federal Claims; [See main edition for text of (D) and (E)] Such review by the Commission shall be made for the purpose of determining and providing— [See main edition for text of (i) and (ii)] 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. (As amended Pub. L. 101-194, title VII, § 701(d), Nov. 30, 1989, 103 Stat. 1764; Pub. L. 102-572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) AMENDMENTS 1992-Par. (C). Pub. L. 102-572 substituted "United States Court of Federal Claims" for "United States Claims Court". 1989-Pub. L. 101-194 substituted "subparagraphs (A) and (B) of section 352(8) of this title" for "section 352(2) and (3) of this title". EFFECTIVE Date of 1992 AMENDMENT Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 911 of Pub. L. 102-572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 60a-2a, 357, 358, 362, 363, 364 of this title. § 357. 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. (As amended Pub. L. 101-194, title VII, § 701(e), Nov. 30, 1989, 103 Stat. 1764.) AMENDMENTS 1989-Pub. L. 101-194 amended section catchline generally and in text substituted "Commission with respect to rates of pay for" for "Commission of" and "December 15 next following the close of the fiscal year in which the review is conducted by the Commission." for "December 15 of the fiscal year in which the review is conducted by the Commission." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 352, 358, 362, 363 of this title. § 358. 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. (As amended Pub. L. 101-194, title VII, § 701(f), Nov. 30, 1989, 103 Stat. 1765.) AMENDMENTS 1989-Pub. L. 101-194 amended section generally. Prior to amendment, section read as follows: "The President shall include, in the budget next transmitted under section 1105(a) of title 31 by him to the Congress after the date of the submission of the report and recommendations of the Commission under section 357 of this title, his recommendations with respect to the exact rates of pay which he deems advisable, for those offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of section 356 of this title." COMMISSION'S FIRST REPORT AFTER JULY 30, 1983, To INCLUDE RECOMMENDATION FOR APPROPRIATE SALARY FOR MEMBERS OF CONGRESS; PROHIBITION ON RECEIPT OF HONORARIA Pub. L. 98-63, title I, § 908(e), July 30, 1983, 97 Stat. 338, which directed Commission on Executive, Legislative, and Judicial Salaries to include in first report required to be submitted by it after July 30, 1983, a recommendation for an appropriate salary for Members, which recommendation was to assume a prohibition on receipt of honoraria by Members, was repealed by Pub. L. 102-90, title I, § 6(c), Aug. 14, 1991, 105 Stat. 451. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 359, 360, 362 of this title. 8 359. 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 (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. (As amended Pub. L. 101-194, title VII, § 701(h), Nov. 30, 1989, 103 Stat. 1766.) AMENDMENTS 1989-C1. (A). Pub. L. 101-194 substituted "(other than any provision of law enacted with respect to such recommendations in the period beginning on the date the President transmits his recommendations to the Congress under section 358 of this title and ending on the date of their approval under section 359(2) of this title), and" for "(other than any provision of law enacted in the period specified section 359 of this title with respect to such recommendations), and". § 362. 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 |