United States Code

of the second fiscal year, and no later than December 31 next following the close of the fifth fiscal year, beginning after the fiscal year in which the Commission conducts its review under section 356 of this title.

(3)(A)(i) The rates of pay recommended for the Speaker of the House of Representatives, the Vice President of the United States, and the Chief Justice of the United States, respectively, shall be equal.

(ii) The rates of pay recommended for the majority and minority leaders of the Senate and the House of Representatives, the President pro tempore of the Senate, and each office or position under section 5312 of title 5 (relating to level I of the Executive Schedule), respectively, shall be equal.

(iii) The rates of pay recommended for a Senator, a Member of the House of Representatives, the Resident Commissioner from Puerto Rico, a Delegate to the House of Representatives, a judge of a district court of the United States, a judge of the United States Court of International Trade, and each office or position under section 5313 of title 5 (relating to level II of the Executive Schedule), respectively, shall be equal.

(B) Nothing in this section shall be considered to require that the rate recommended for any office or position by the President under section 358 of this title be the same as the rate recommended for such office or position by the Commission under section 357 of this title.

(Pub. L. 90-206, title II, § 225(1), as added Pub. L. 101-194, title VII, § 701(i), Nov. 30, 1989, 103 Stat. 1766.)

§ 363. Additional function

The Commission shall, whenever it conducts a review under section 358 of this title, also conduct a review under this section relating to any recruitment or retention problems, and any public policy issues involved in maintaining appropriate ethical standards, with respect to any offices or positions within the Federal public service. Any findings or recommendations under this section shall be included by the Commission as part of its report to the President under section 357 of this title.

(Pub. L. 90-206, title II, § 225(m), as added Pub. L. 101-194, title VII, § 701(j), Nov. 30, 1989, 103 Stat. 1767.)

§ 364. Provision relating to certain other pay adjust

ments

(1) A provision of law increasing the rate of pay payable for an office or position within the purview of subparagraph (A), (B), (C), or (D) of section 356 of this title shall not take effect before the beginning of the Congress following the Congress during which such provision is enacted.

(2) For purposes of this section, a provision of law enacted during the period beginning on the Tuesday following the first Monday of November of an even-numbered year of any Congress and ending at noon on the following January 3 shall be considered to have been enacted during the first session of the following Congress.

(3) Nothing in this section shall be considered to apply with respect to any pay increase—

(A) which takes effect under the preceding sections of this chapter;

(B) which is based on a change in the Employment Cost Index (as determined under section 704(a)(1) of the Ethics Reform Act of 1989) or which is in lieu of any pay adjustment which might otherwise be made in a year based on a change in such index (as so determined); or

(C) which takes effect under section 702 or 703 of the Ethics Reform Act of 1989. (Pub. L. 90-206, title II, § 225(n), as added Pub. L. 101-194, title VII, § 701(k), Nov. 30, 1989, 103 Stat. 1767.)

REFERENCES IN TEXT

Sections 702, 703, and 704(a)(1) of the Ethics Reform Act of 1989, referred to in par. (3)(B), (C), are sections 702, 703, and 704(a)(1) of Pub. L. 101-194 which are set out as notes under sections 5303 and 5318 of Title 5, Government Organization and Employees.

CHAPTER 13-JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS

§ 414. Staff of Joint Committee: appointment, duties, pay, discharge; utilization of Government personnel, consultants, and experts

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.

§ 416. Office of Placement and Office Management REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

354-363, set out as a note under section 1437 of Title 12, Banks and Banking.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 58, 59e, 433, 437a of this title; title 18 sections 602, 603, 607; title 22 section 3944; title 42 sections 1973gg-1, 5043.

§ 432. Organization of political committees

TRANSFER OF FUNCTIONS

Federal Savings and Loan Insurance Corporation abolished and functions transferred, see Pub. L. 101-73, title IV, §§ 401-406, Aug. 9, 1989, 103 Stat. 354-363, set out as a note under section 1437 of Title 12, Banks and Banking.

§ 434. Reporting requirements

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 431, 438 of this title.

§ 439a. Use of contributed amounts for certain purposes

Amounts received by a candidate as contributions that are in excess of any amount necessary to defray his expenditures, and any other amounts contributed to an individual for the purpose of supporting his or her activities as a holder of Federal office, may be used by such candidate or individual, as the case may be, to defray any ordinary and necessary expenses incurred in connection with his or her duties as a holder of Federal office, may be contributed to any organization described in section 170(c) of title 26, or may be used for any other lawful purpose, including transfers without limitation to any national, State, or local committee of any political party; except that no such amounts may be converted by any person to any personal use, other than to defray any ordinary and necessary expenses incurred in connection with his or her duties as a holder of Federal office.

(As amended Pub. L. 101-194, title V, § 504(a), Nov. 30, 1989, 103 Stat. 1755.)

AMENDMENTS

1989-Pub. L. 101-194 struck out “, with respect to any individual who is not a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress on January 8, 1980," after "except that".

EFFECTIVE DATE OF 1989 AMENDMENT

Section 504(b) of Pub. L. 101-194 provided that: "The amendment made by subsection (a) [amending this section]—

"(1) in the case of an individual who serves as a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress in the 102nd Congress or an earlier Congress, shall apply, except as provided in paragraph (2), to the use of excess amounts totaling more than the amount equal to the unobligated balance on hand on the date of the enactment of this Act [Nov. 30, 1989]; and

§ 441a. Limitations on contributions and expenditures SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 434 of this title; title 5 section 7323; title 26 sections 9004, 9008, 9034, 9035.

"(2) in the case of an individual who serves as a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress after the 102nd Congress (including an individual referred to in paragraph (1) who so serves), shall apply to the use of any excess amount on or after the first day of such service."

§ 4411. Repealed. Pub. L. 102-90, title I, § 6(d), Aug. 14, 1991, 105 Stat. 451

Section, Pub. L. 92-225, title III, § 323, formerly § 328, as added Pub. L. 94-283, title I, § 112(2), May 11, 1976, 90 Stat. 494; amended Pub. L. 95-216, title V, § 502(a), Dec. 20, 1977, 91 Stat. 1565; renumbered § 323, Pub. L. 96-187, title I, § 105(5), Jan. 8, 1980, 93 Stat. 1354; amended Pub. L. 97-51, § 130(a), Oct. 1, 1981, 95 Stat. 966; Pub. L. 98-63, title I, § 908(g), July 30, 1983, 97 Stat. 338; Pub. L. 101-194, title VI, § 601(b)(1), Nov. 30, 1989, 103 Stat. 1762; Pub. L. 101-280, § 7(b)(1) [(d)(1)], May 4, 1990, 104 Stat. 161, related to acceptance of excessive honorariums.

CHAPTER 15-OFFICE OF TECHNOLOGY

(f) Redesignated (g)

(g) 1 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 68 of this title, and upon vouchers approved by the Director.

(g) 1 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 Congres

1 So in original. There are two subsecs. designated (g) and no subsec. (f).

sional 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.

Pub. L. 99-177, title II, § 273, Dec. 12, 1985, 99 Stat. 1098, renumbered § 201(g) of Pub. L. 93-344, Pub. L. 101-508, title XIII, § 13202(b), Nov. 5, 1990, 104 Stat. 1388-615; Pub. L. 101-508, title XIII, § 13202(a), (c), Nov. 5, 1990, 104 Stat. 1388-615.)

REFERENCES IN TEXT

This Act, referred to in second subsec. (g), means Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended, known as the Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A and 17B, and section 190a-3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance, amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c-1 of former Title 31, and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a-1, 621, 632, and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.

CODIFICATION

Pub. L. 101-508, § 12302(b), transferred section 273 of Pub. L. 99–177, which was classified to section 921 of this title, to subsec. (g) of this section, relating to revenue estimates.

AMENDMENTS

1990-Subsec. (f). Pub. L. 101-508, § 13202(a), redesignated subsec. (f), relating to authorization of appropriations, as (g).

Subsec. (g). Pub. L. 101-508, § 13202(a), redesignated subsec. (f), relating to authorization of appropriations, as (g).

Pub. L. 101-508, § 12302(b), (c), redesignated section 921 of this title as subsec. (g) of this section, inserted heading "Revenue estimates" and substituted "this Act" for "this title and the Congressional Budget and Impoundment Control Act of 1974".

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.

§ 602. Duties and functions

(a) Assistance to budget committees

It shall be the 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 Committee may request.

[See main edition for text of (b) to (e)]

(f) 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), and (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. 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.

[See main edition for text of (2) and (3); (g) and (h)]

(As amended Pub. L. 101-508, title XIII, § 13112(a)(3), Nov. 5, 1990, 104 Stat. 1388-608.)

AMENDMENTS

1990-Subsecs. (a)(1), (f)(1). Pub. L. 101-508 substituted "new budget authority" for "budget authority" in subsec. (a)(1) and second sentence of subsec. (f)(1). § 605. Sale or lease of property, supplies, or services

[See main edition for text]

(Pub. L. 103-69, title I, Aug. 11, 1993, 107 Stat. 701.)

SIMILAR PROVISIONS

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 102-392, title I, Oct. 6, 1992, 106 Stat. 1713. Pub. L. 102-90, title I, Aug. 14, 1991, 105 Stat. 458. Pub. L. 101-520, title I, Nov. 5, 1990, 104 Stat. 2266. Pub. L. 101-163, title I, Nov. 21, 1989, 103 Stat. 1054. Pub. L. 100-458, title I, Oct. 1, 1988, 102 Stat. 2169. § 606. Disposition of surplus or obsolete property

The Director of the Congressional Budget Office shall have the authority, within the limits of available appropriations, to dispose of surplus or obsolete personal property by interagency transfer, donation, or discarding.

(Pub. L. 103–69, title I, Aug. 11, 1993, 107 Stat. 701.)

75-801 - 94 - 4 : QL3

Sec.

665b.

665c.

665d.

665e.

(d) Application of subsections (a) and (b) to fiscal years 1992 to 1995.

(e) Pay-as-you-go exception in House. Consideration of legislation before adoption of budget resolution for that fiscal year. Reconciliation directives regarding pay-asyou-go requirements.

(a) Instructions to effectuate pay-as-yougo in House of Representatives. (b) Consideration of pay-as-you-go reconciliation legislation in House of Representatives. Application of section 642 of this title; point of order.

(a) Application of section 642(a) of this title.

(b) Maximum deficit amount point of order in Senate.

5-year budget resolutions; budget resolutions
must conform to Balanced Budget and
Emergency Deficit Control Act of 1985.
(a) 5-year budget resolutions.

(b) Point of order in House of Repre-
sentatives.

§ 621. Congressional declaration of purpose

SHORT TITLE

Pub. L. 93-344, title V, § 500, as added Pub. L. 101-508, title XIII, § 13201(a), Nov. 5, 1990, 104 Stat. 1388-609, provided that: “This title [enacting subchapter III of this chapter] may be cited as the 'Federal Credit Reform Act of 1990'."

FINANCIAL SAFETY AND SOUNDNESS OF GOVERNMENTSPONSORED ENTERPRISES

Pub. L. 101-508, title XIII, § 13501, Nov. 5, 1990, 104 Stat. 1388-628, provided that:

"(a) DEFINITION.-For purposes of this section, the terms 'Government-sponsored enterprise' and 'GSE' mean the Farm Credit System (including the Farm Credit Banks, Banks for Cooperatives, and Federal Agricultural Mortgage Corporation), the Federal Home Loan Bank System, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, and the Student Loan Marketing Association. "(b) TREASURY DEPARTMENT STUDY AND PROPOSED LEGISLATION.

"(1) The Department of the Treasury shall prepare and submit to Congress no later than April 30, 1991, a study of GSES and recommended legislation.

"(2) The study shall include an objective assessment of the financial soundness of GSES, the adequacy of the existing regulatory structure for GSES, the financial exposure of the Federal Government posed by GSES, and the effects of GSE activities on Treasury borrowing.

"(c) CONGRESSIONAL BUDGET OFFICE STUDY.

"(1) The Congressional Budget Office shall prepare and submit to Congress no later than April 30, 1991, a study of GSES.

"(2) The study shall include an analysis of the financial risks each GSE assumes, how Congress may improve its understanding of those risks, the supervision and regulation of GSEs' risk management, the financial exposure of the Federal Government posed by GSES, and the effects of GSE activities on Treasury borrowing. The study shall also include an analysis of alternative models for oversight of GSES and of the costs and benefits of each alternative model to the Government and to the markets and beneficiaries served by GSES. "(d) ACCESS TO RELEVANT INFORMATION.

"(1) For the studies required by this section, each GSE shall provide full and prompt access to the Secretary of the Treasury and the Director of the Con

gressional Budget Office to its books and records and other information requested by the Secretary of the Treasury or the Director of the Congressional Budget Office.

"(2) In preparing the studies required by this section, the Secretary of the Treasury and the Director of the Congressional Budget Office may request information from, or the assistance of, any Federal department or agency authorized by law to supervise the activities of a GSE.

"(e) CONFIDENTIALITY OF RELEVANT INFORMATION.—

"(1) The Secretary of the Treasury and the Director of the Congressional Budget Office shall determine and maintain the confidentiality of any book, record, or information made available by a GSE under this section in a manner consistent with the level of confidentiality established for the material by the GSE involved.

"(2) The Department of the Treasury shall be exempt from section 552 of title 5, United States Code, for any book, record, or information made available under subsection (d) and determined by the Secretary of the Treasury to be confidential under this subsection.

"(3) Any officer or employee of the Department of the Treasury shall be subject to the penalties set forth in section 1906 of title 18, United States Code, if

"(A) by virtue of his or her employment or official position, he or she has possession of or access to any book, record, or information made available under and determined to be confidential under this section; and

"(B) he or she discloses the material in any manner other than

"(i) to an officer or employee of the Department of the Treasury; or

"(ii) pursuant to the exception set forth in such section 1906.

"(4) The Congressional Budget Office shall be exempt from section 203 of the Congressional Budget Act of 1974 [2 U.S.C. 603] with respect to any book, record, or information made available under this subsection and determined by the Director to be confidential under paragraph (1).

“(f) REQUIREMENT TO REPORT LEGISLATION.—(1) The committees of jurisdiction in the House shall prepare and report to the House no later than September 15, 1991, legislation to ensure the financial soundness of GSES and to minimize the possibility that a GSE might require future assistance from the Government. "(2) It is the sense of the Senate that the committees of jurisdiction in the Senate shall prepare and report to the Senate no later than September 15, 1991, legislation to ensure the financial safety and soundness of GSEs and to minimize the possibility that a GSE might require future assistance from the Government.

"(f) [sic] PRESIDENT'S BUDGET.-The President's annual budget submission shall include an analysis of the financial condition of the GSES and the financial exposure of the Government, if any, posed by GSEs." EXERCISE OF CONGRESSIONAL RULEMAKING POWER Section 904 of Pub. L. 93-344, as amended by Pub. L. 99-177, title II, § 271(a), Dec. 12, 1985, 99 Stat. 1094; Pub. L. 101-508, title XIII, §§ 13112(a)(11), 13208(a), Nov. 5, 1990, 104 Stat. 1388-608, 1388-619, provided that:

"(a) The provisions of this title (except section 905) and of titles I, III, IV, V, and VI (except section 601(a)) and the provisions of sections 701, 703, and 1017 [enacting this chapter (except section 665(a) of this title) and sections 190a-3 and 688 of this title, amending the Rules of the House of Representatives and the Standing Rules of the Senate, and sections 190b and 190d of this title, and enacting provisions set out as notes under sections 190a-1 and 632 of this title] are enacted by the Congress

[See main edition for text of (1) and (2); (b)] "(c) WAIVER.-Sections 305(b)(2), 305(c)(4), 306, 904(c), and 904(d) [sections 636(b)(2), (c)(4) and 637 of this title and subsecs. (c) and (d) of this note] may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. Sections 301(i), 302(c), 302(f), 310(d)(2), 310(f), 311(a), 313, 601(b), and 606(c) of this Act [sections 632(1), 633(c), (f), 641(d)(2), (f), 642(a), 644, 665(b), and 665e(c) of this title] and sections 258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1), 258B(h)(1), 258B(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 [sections 907a(a)(4)(C), 907b(b)(3)(C)(i), 907c(f)(1), (h)(1), (3), and 907d(a)(5), (b)(1) of this title] may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.

"(d) Appeals in the Senate from the decisions of the Chair relating to any provision of title III or IV [enacting subchapters I and II of this chapter] or section 1017 [enacting section 688 of this title] shall, except as otherwise provided therein, be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, concurrent resolution, reconciliation bill, or rescission bill, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under sections 305(b)(2), 305(c)(4), 306, 904(c), and 904(d) [sections 636(b)(2), (c)(4) and 637 of this title and subsecs. (c) and (d) of this note]. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under sections 301(i), 302(c), 302(f), 310(d)(2), 310(f), 311(a), 313, 601(b), and 606(c) of this Act [sections 632(i), 633(c), (f), 641(d)(2), (f), 642(a), 644, 665(b), and 665e(c) of this title] and sections 258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1), 258B(h)(1), 258B(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 [sections 907a(a)(4)(C), 907b(b)(3)(C)(i), 907c(f)(1), (h)(1), (3), and 907d(a), (b)(1) of this title] [.]”

ACT REFERRED TO IN OTHER SECTIONS

The Congressional Budget Act of 1974 is referred to in sections 907a, 907b, 907c, of this title; title 7 section 1446c-1; title 22 sections 2717, 2718, 4715; title 50 App. sections 1989b-8, 1989c-7.

The Congressional Budget and Impoundment Control Act of 1974 is referred to in section 907a of this title; title 16 sections 5441, 1606; title 22 sections 2295b, 5857; title 42 section 11303.

§ 622. Definitions

For purposes of this Act

[See main edition for text of (1)] (2) BUDGET AUTHORITY AND NEW BUDGET AUTHORITY.—

(A) IN GENERAL.-The term "budget authority" means the authority provided by Federal law to incur financial obligations, as follows:

(i) provisions of law that make funds available for obligation and expenditure (other than borrowing authority), including the authority to obligate and expend the proceeds of offsetting receipts and collections;

(ii) borrowing authority, which means authority granted to a Federal entity to borrow and obligate and expend the bor

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