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SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 179, 179f, 179g, 179h, 1791, 179j, 179k of this title.

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.

8 1798. 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.

8 179i. Definitions As used in sections 179 to 179k of this title

(1) the term “Librarian" means the Librari. an 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 ma

terial has been irretrievably lost. (Pub. L. 102-307, title II, $ 211, June 26, 1992, 106 Stat. 271.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 179, 179g, 179h, 1791, 179j, 179k of this title.

8 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.

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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 179, 179h, 1791, 179j, 179k of this title.

8 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.

8 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.)

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

Financial Services and Office of Postmaster abolished by sections 2 and 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992.

under the National Film Preservation Act of 1988, except that any film so selected under such Act shall be deemed to have been selected for the National Film Registry under sections 179 to 179k of this title. (Pub. L. 102-307, title II, § 213, June 26, 1992, 106 Stat. 272.)

CHAPTER 10A-PAYROLL ADMINISTRATION IN

HOUSE OF REPRESENTATIVES

REFERENCES IN TEXT The National Film Preservation Act of 1988, referred to in text, is Pub. L. 100-446, title I, $$ 1-13, Sept. 27, 1988, 102 Stat. 1782-1788, which was classified to sections 178 to 1781 of this title and was repealed by Pub. L. 102-307, title II, $ 214, June 26, 1992, 106 Stat. 272.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 179, 179g, 179h, 1791, 179j of this title.

8 331. Single per annum gross rates of pay for employees

TRANSFER OF FUNCTIONS Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Fi. nancial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992.

8 332. Single per annum gross rates of clerk hire al.

lowances of Members

CHAPTER 6-CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

TRANSFER OF FUNCTIONS Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992.

$ 192. Refusal of witness to testify or produce papers

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 194 of this title; title 18 section 3401.

8 334. Conversion by Clerk of House of existing basic

pay rates to per annum gross pay rates

8 194. Certification of failure to testify or produce; grand jury action

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 288d, 288g of this title.

TRANSFER OF FUNCTIONS Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Fi. nancial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992.

8 335. Obsolete references in existing law to basic pay

rates

CHAPTER 8A-REGULATION OF LOBBYING

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 352 of this title.

TRANSFER OF FUNCTIONS Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Fi. nancial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992.

CHAPTER 9D--OFFICE OF SENATE LEGAL

COUNSEL

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Public Service and Compensation (hereinafter including a per diem allowance, in accordance referred to as the "Commission").

with section 5703 of title 5, when engaged in (As amended Pub. L. 101-194, title VII, $ 701(a),

the performance of services for the Commis

sion. Nov. 30, 1989, 103 Stat. 1763.)

(8)(A) The terms of office of persons first apAMENDMENTS

pointed as members of the Commission shall be 1989–Pub. L. 101-194 substitute "Cit cens' Com- for the period of the 1993 fiscal year of the mission on Public Service and Compensation" for Federal Government, and shall begin not later "Commission on Executive, Legislative, and Judicial than February 14, 1993. Salaries”.

(B) After the close of the 1993 fiscal year of

the Federal Government, persons shall be ap. 8 352. Membership

pointed as members of the Commission with re(1) The Commission shall be composed of 11 spect to every fourth fiscal year following the members, who shall be appointed from private

1993 fiscal year. The terms of office of persons life as follows:

so appointed shall be for the period of the (A) 2 appointed by the President of the fiscal year with respect to which the appointUnited States;

ment is made, except that, if any appointment (B) 1 appointed by the President pro tempo

is made after the beginning and before the re of the Senate, upon the recommendation close of any such fiscal year, the term of office of the majority and minority leaders of the based on such appointment shall be for the reSenate;

mainder of such fiscal year. (C) 1 appointed by the Speaker of the (CXi) Notwithstanding any provision of subHouse of Representatives;

paragraph (A) or (B), members of the Commis(D) 2 appointed by the Chief Justice of the sion may continue to serve after the close of a United States; and

fiscal year, if the date designated by the Presi(E) 5 appointed by the Administrator of

dent under section 357 of this title (relating to General Services in accordance with para

the date by which the Commission is to submit graph (4).

its report to the President) is subsequent to the

close of such fiscal year, and only if or to the (2) No person shall serve as a member of the

extent necessary to allow the Commission to Commission who is

submit such report. (A) an officer or employee of the Federal

(ii) Notwithstanding any provision of section Government;

353 of this title, authority under such section (B) registered (or required to register)

shall remain available, after the close of a fiscal under the Federal Regulation of Lobbying

year, so long as members of the Commission Act (2 U.S.C. 261 et seq.); or

continue to serve. (C) a parent, sibling, spouse, child, or dependent relative, of anyone under subpara

(As amended Pub. L. 101-194, title VII, § 701(b), graph (A) or (B).

Nov. 30, 1989, 103 Stat. 1763.) (3) The persons appointed under subpara

REFERENCES IN TEXT graphs (A) through (D) of paragraph (1) shall

The Federal Regulation of Lobbying Act, referred to be selected without regard to political affili

in par. (2)(B), is title III of act Aug. 2, 1946, ch. 753, 60 ation, and should be selected from among per- Stat. 839, which is classified generally to chapter 8A sons who have experience or expertise in such ($ 261 et seq.) of this title. For complete classification areas as government, personnel management, of this Act to the Code, see Short Title note set out or public administration.

under section 261 of this title and Tables. (4) The Administrator of General Services

AMENDMENTS shall by regulation establish procedures under which persons shall be selected for appoint

1989–Pub. L. 101-194 amended section generally, ment under paragraph (1)(E). Such proce

substituting pars. (1) to (8) for former pars. (1) to (5). dures, (A) shall be designed in such a way so as to

8 353. Executive Director; additional personnel; detail provide for the maximum degree of geograph

of personnel of other agencies ic diversity practicable among members under (1) Without regard to the provisions of title 5 paragraph (1)(E);

governing appointments in the competitive (B) shall include provisions under which service, and the provisions of chapter 51 and those members shall be chosen by lot from subchapter III of chapter 53 of such title, relatamong names randomly selected from voter ing to classification and General Schedule pay registration lists; and

rates, and on a temporary basis for periods cov(C) shall otherwise comply with applicable ering all or part of any fiscal year referred to in provisions of this section.

subparagraphs (A) and (B) of section 352(8) of (5) The chairperson shall be designated by

this titlethe President. (6) A vacancy in the membership of the Com

[See main edition for text of (A) and (B)] mission shall be filled in the manner in which (2) Upon the request of the Commission, the the original appointment was made.

head of any department, agency, or establish(7) Each member of the Commission shall be ment of any branch of the Federal Government paid at the rate of $100 for each day such is authorized to detail, on a reimbursable basis, member is engaged upon the work of the Com- for periods covering all or part of any fiscal mission and shall be allowed travel expenses, year referred to in subparagraphs (A) and (B)

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8 357. Report by Commission to President with re

spect to pay The Commission shall submit to the President a report of the results of each review conducted by the Commission with res 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 fol. lowing 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.)

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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).

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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.

AMENDMENTS

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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."

8 356. Functions

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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

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 352, 358, 362, 363 of this title.

ion jon cal Fon

8 358. Recommendations of President with respect to

pay

[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;

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[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, 8 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

(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 of. fices 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.)

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AMENDMENTS

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".

ETTECTIVE 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.

.

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."

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COMMISSION'S FIRST REPORT AFTER JULY 30, 1983, TO held on the Tuesday following the first Monday INCLUDE RECOMMENDATION POR APPROPRIATE SALARY

of November in any even-numbered calendar FOR MEMBERS OF CONGRESS; PROHIBITION ON RE

year. CEIPT OF HONORARIA

(As amended Pub. L. 101-194, title VII, $ 701(g), Pub. L. 98-63, title I, § 908(e), July 30, 1983, 97 Stat. 338, which directed Commission on Executive, Legisla

Nov. 30, 1989, 103 Stat. 1765.) tive, and Judicial Salaries to include in first report required to be submitted by it after July 30, 1983, a rec

AMENDMENTS ommendation for an appropriate salary for Members, 1989--Pub. L. 101-194 amended section generally. which recommendation was to assume a prohibition

Prior to amendment, section read as follows: on receipt of honoraria by Members, was repealed by

“(1) The recommendations of the President which Pub. L. 102-90, title I, § 6(c), Aug. 14, 1991, 105 Stat.

are transmitted to the Congress pursuant to section 451.

358 of this title shall be effective as provided in paraSECTION REFERRED TO IN OTHER SECTIONS

graph (2) of this section unless any such recommenda.

tion is disapproved by a joint resolution agreed to by This section is referred to in sections 359, 360, 362 of the Congress not later than the last day of the 30-day this title.

period which begins on the date of which such recom

mendations are transmitted to the Congress. 8 359. Effective date of recommendations of President “(2) The effective date of the rate or rates of pay

which take effect for an office or position under para(1) None of the President's recommendations

graph (1) of this section shall be the first day of the under section 358 of this title shall take effect

first pay period which begins for such office or posiunless approved under paragraph (2).

tion after the end of the 30-day period described in (2)(A) The recommendations of the President such paragraph." under section 358 of this title shall be considered approved under this paragraph if there is

8 360. Effect of recommendations on existing law and enacted into law a bill or joint resolution ap

prior recommendations proving such recommendations in their entire

The recommendations of the President taking ty. This bill or joint resolution shall be passed

effect as provided in section 359 of this title by recorded vote to reflect the vote of each

shall be held and considered to modify, superMember of Congress thereon.

sede, or render inapplicable, as the case may be, (B)(i) The provisions of this subparagraph

to the extent inconsistent therewithare enacted by the Congress

(A) all provisions of law enacted prior to the (I) as an exercise of the rulemaking power

effective date or dates of all or part (as the of the Senate and the House of Representa

case may be) of such recommendations (other tives and as such shall be considered as part

than any provision of law enacted with reof the rules of each House, and shall super

spect to such recommendations in the period sede other rules only to the extent that they

beginning on the date the President transmits are inconsistent therewith; and

his recommendations to the Congress under (II) with full recognition of the constitu

section 358 of this title and ending on the tional right of either House to change the

date of their approval under section 359(2) of rules (so far as they relate to the procedures

this title), and of that House) at any time, in the same

(B) any prior recommendations of the manner, and to the same extent as in the case

President which take effect under this chapof any other rule of that House.

ter. (ii) During the 60-calendar-day period begin

(As amended Pub. L. 101-194, title VII, § 701(h), ning on the date that the President transmits

Nov. 30, 1989, 103 Stat. 1766.) his recommendations to the Congress under section 358 of this title, it shall be in order as a

AMENDMENTS matter of highest privilege in each House of Congress to consider a bill or joint resolution, if

1989-C1. (A). Pub. L. 101-194 substituted "(other

than any provision of law enacted with respect to such offered by the majority leader of such House

recommendations in the period beginning on the date (or a designee), approving such recommenda

the President transmits his recommendations to the tions in their entirety.

Congress under section 358 of this title and ending on (3) Except as provided in paragraph (4), any the date of their approval under section 359(2) of this recommended pay adjustment approved under title), and” for “(other than any provision of law enparagraph (2) shall take effect as of the date acted in the period specified section 359 of this title proposed by the President under section 358 of with respect to such recommendations), and". this title with respect to such adjustment. (4)(A) Notwithstanding the approval of the

8 362. Requirements applicable to recommendations President's pay recommendations in accordance Notwithstanding any other provision of this with paragraph (2), none of those recommenda- chapter, the recommendations submitted by tions shall take effect unless, between the date the Commission to the President under section on which the bill or resolution approving those 357 of this title, and the recommendations recommendations is signed by the President (or transmitted by the President to the Congress otherwise becomes law) and the earliest date as under section 358 of this title, shall be in conof which the President proposes (under section formance with the following: 358 of this title) that any of those recommenda- (1) Any recommended pay adjustment shall tions take effect, an election of Representatives specify the date as of which it is proposed shall have intervened.

that such adjustment take effect. (B) For purposes of this paragraph, the term (2) The proposed effective date of a pay ad"election of Representatives" means an election justment may occur no earlier than January 1

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