issuer
stringclasses 3
values | id
stringlengths 8
31
| document
stringlengths 0
7.69M
⌀ | title
stringlengths 4
1.19k
| timestamp
stringlengths 19
19
⌀ | hash
stringlengths 64
64
⌀ |
|---|---|---|---|---|---|
US House of Representatives | 2, 24, §1417 | during pendency of procedures
(a) Options for employees
(1) Remote work assignment
At the request of a covered employee who files a claim alleging a violation of part A of
subchapter II by the covered employee's employing office, during the pendency of any of the
procedures available under this subchapter for consideration of the claim, the employing office
may permit the covered employee to carry out the employee's responsibilities from a remote
location (referred to in this section as "permitting a remote work assignment") where such
relocation would have the effect of materially reducing interactions between the covered employee
and any person alleged to have committed the violation, instead of from a location of the
employing office.
(2) Exception for work assignments required to be carried out onsite
If, in the determination of the covered employee's employing office, a covered employee who
makes a request under this subsection cannot carry out the employee's responsibilities from a
remote location or such relocation would not have the effect described in paragraph (1), the
employing office may during the pendency of the procedures described in paragraph (1)—
(A) grant a paid leave of absence to the covered employee;
(B) permit a remote work assignment and grant a paid leave of absence to the covered
employee; or
(C) make another workplace adjustment, or permit a remote work assignment, that would
have the effect of reducing interactions between the covered employee and any person alleged
to have committed the violation described in paragraph (1).
(3) Ensuring no retaliation
An employing office may not grant a covered employee's request under this subsection in a
manner which would constitute a violation of section 1317 of this title.
(4) No impact on vacation or personal leave
In granting leave for a paid leave of absence under this section, an employing office shall not
require the covered employee to substitute, for that leave, any of the accrued paid vacation or
personal leave of the covered employee.
(b) Exception for arrangements subject to collective bargaining agreements
Subsection (a) does not apply to the extent that it is inconsistent with the terms and conditions of
any collective bargaining agreement which is in effect with respect to an employing office.
(Pub. L. 104–1, title IV, §417, as added Pub. L. 115–397, title I, §113(a), Dec. 21, 2018, 132 Stat.
5313.)
EDITORIAL NOTES
REFERENCES IN TEXT
Part A of subchapter II, referred to in subsec. (a)(1), was in the original "part A of title II", meaning part A
(§§201–207) of title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to part A of
subchapter II of this chapter. For complete classification of part A to the Code, see Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
[Release Point 118-70]
EFFECTIVE DATE
Section effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for
effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an Effective Date of 2018
Amendment note under section 1301 of this title.
SUBCHAPTER V—MISCELLANEOUS PROVISIONS | §1417. Option to request remote work assignment or paid leave of absence | 2024-07-12T00:00:00 | 1237e307afa38940da08d7c79a038929fdf456d33ff1e0a8a03573c8950a05ac |
US House of Representatives | 2, 24, §1431 | The provisions of sections 1302(b)(3), section 1381(l), and 1384(c) of this title are enacted—
1
(1) as an exercise of the rulemaking power of the House of Representatives and the Senate,
respectively, and as such they shall be considered as part of the rules of such House, respectively,
and such rules shall supersede other rules only to the extent that they are inconsistent therewith;
and
(2) with full recognition of the constitutional right of either House to change such rules (so far
as relating to such House) at any time, in the same manner, and to the same extent as in the case of
any other rule of each House.
(Pub. L. 104–1, title V, §501, Jan. 23, 1995, 109 Stat. 39; Pub. L. 115–397, title II, §201(c), Dec. 21,
2018, 132 Stat. 5317.)
EDITORIAL NOTES
AMENDMENTS
2018—Pub. L. 115–397 inserted ", section 1381(l)," before"and 1384(c) of this title" in introductory
provisions.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21,
2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note
under section 1301 of this title.
So in original. The word "section" probably should not appear.
1 | §1431. Exercise of rulemaking powers | 2024-07-12T00:00:00 | c6fdeed84edf54b1b445f7adcc6622dcc1d4e6deb7fb72be3f9a93fef3cd40d1 |
US House of Representatives | 2, 24, §1432 | (a) In general
It shall not be a violation of any provision of section 1311 of this title to consider the—
(1) party affiliation;
(2) domicile; or
(3) political compatibility with the employing office;
of an employee referred to in subsection (b) with respect to employment decisions.
(b) "Employee" defined
For purposes of subsection (a), the term "employee" means—
(1) an employee on the staff of the leadership of the House of Representatives or the leadership
of the Senate;
(2) an employee on the staff of a committee or subcommittee of—
[Release Point 118-70]
(A) the House of Representatives;
(B) the Senate; or
(C) a joint committee of the Congress;
(3) an employee on the staff of a Member of the House of Representatives or on the staff of a
Senator;
(4) an officer of the House of Representatives or the Senate or a congressional employee who is
elected by the House of Representatives or Senate or is appointed by a Member of the House of
Representatives or by a Senator (in addition an employee described in paragraph (1), (2), or (3));
or
(5) an applicant for a position that is to be occupied by an individual described in any of
paragraphs (1) through (4). | §1432. Political affiliation and place of residence | 2024-07-12T00:00:00 | 7e52af5ca99ae1445acb8a0ca12ac7588e1daa661d909a784cdb3e2403d54329 |
US House of Representatives | 2, 24, §1433 | The Select Committee on Ethics of the Senate and the Committee on Standards of Official
Conduct of the House of Representatives retain full power, in accordance with the authority provided
to them by the Senate and the House, with respect to the discipline of Members, officers, and
employees for violating rules of the Senate and the House on nondiscrimination in employment.
(Pub. L. 104–1, title V, §503, Jan. 23, 1995, 109 Stat. 40.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics
of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. | §1433. Nondiscrimination rules of House and Senate | 2024-07-12T00:00:00 | 44dab3a3b26145042cae06a073cae64a818c15230175839ea40c2614609b6494 |
US House of Representatives | 2, 24, §1434 | The Judicial Conference of the United States shall prepare a report for submission by the Chief
Justice of the United States to the Congress on the application to the judicial branch of the Federal
Government of—
(1) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.);
(2) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
(3) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
(4) the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.);
(5) the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.);
(6) the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.);
(7) chapter 71 (relating to Federal service labor-management relations) of title 5;
(8) the Employee Polygraph Protection Act of 1988 (29 U.S.C. 2001 et seq.);
(9) the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.);
(10) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); and
(11) chapter 43 (relating to veterans' employment and reemployment) of title 38.
The report shall be submitted to Congress not later than December 31, 1996, and shall include any
recommendations the Judicial Conference may have for legislation to provide to employees of the
judicial branch the rights, protections, and procedures under the listed laws, including administrative
and judicial relief, that are comparable to those available to employees of the legislative branch
under subchapters I through IV of this chapter.
(Pub. L. 104–1, title V, §505, Jan. 23, 1995, 109 Stat. 41.)
[Release Point 118-70]
EDITORIAL NOTES
REFERENCES IN TEXT
The Fair Labor Standards Act of 1938, referred to in par. (1), is act June 25, 1938, ch. 676, 52 Stat. 1060,
which is classified generally to chapter 8 (§201 et seq.) of Title 29, Labor. For complete classification of this
Act to the Code, see section 201 of Title 29 and Tables.
The Civil Rights Act of 1964, referred to in par. (2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 252. Title VII
of the Act is classified generally to subchapter VI (§2000e et seq.) of chapter 21 of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
2000a of Title 42 and Tables.
The Americans with Disabilities Act of 1990, referred to in par. (3), is Pub. L. 101–336, July 26, 1990, 104
Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42. For complete
classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Age Discrimination in Employment Act of 1967, referred to in par. (4), is Pub. L. 90–202, Dec. 15,
1967, 81 Stat. 602, which is classified generally to chapter 14 (§621 et seq.) of Title 29, Labor. For complete
classification of this Act to the Code, see Short Title note set out under section 621 of Title 29 and Tables.
The Family and Medical Leave Act of 1993, referred to in par. (5), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat.
6, which enacted sections 60m and 60n of this title, sections 6381 to 6387 of Title 5, Government
Organization and Employees, and chapter 28 (§2601 et seq.) of Title 29, Labor, amended section 2105 of Title
5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this
Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables.
The Occupational Safety and Health Act of 1970, referred to in par. (6), is Pub. L. 91–596, Dec. 29, 1970,
84 Stat. 1590, which is classified principally to chapter 15 (§651 et seq.) of Title 29. For complete
classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.
The Employee Polygraph Protection Act of 1988, referred to in par. (8), is Pub. L. 100–347, June 27, 1988,
102 Stat. 646, which is classified generally to chapter 22 (§2001 et seq.) of Title 29. For complete
classification of this Act to the Code, see Short Title note set out under section 2001 of Title 29 and Tables.
The Worker Adjustment and Retraining Notification Act, referred to in par. (9), is Pub. L. 100–379, Aug. 4,
1988, 102 Stat. 890, which is classified generally to chapter 23 (§2101 et seq.) of Title 29. For complete
classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Tables.
The Rehabilitation Act of 1973, referred to in par. (10), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355,
which is classified generally to chapter 16 (§701 et seq.) of Title 29. For complete classification of this Act to
the Code, see Short Title note set out under section 701 of Title 29 and Tables.
Subchapter II of this chapter, referred to in text, was in the original a reference to title II of this Act,
meaning title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to subchapter II of
this chapter. For complete classification of title II to the Code, see Tables. | §1434. Judicial branch coverage study | 1988-06-27T00:00:00 | f766b23d4637c99c9fc31307e69248e92c34d56c4cde44599772db6666979f1d |
US House of Representatives | 2, 24, §1435 | (a) Transition provisions for employees of House of Representatives and of Senate
(1) Claims arising before effective date
If, as of the date on which section 1311 of this title takes effect, an employee of the Senate or
the House of Representatives has or could have requested counseling under section 305 of the
1
Government Employees Rights Act of 1991 or Rule LI of the House of Representatives, including
counseling for alleged violations of family and medical leave rights under title V of the Family
and Medical Leave Act of 1993, the employee may complete, or initiate and complete, all
procedures under the Government Employees Rights Act of 1991 and Rule LI, and the provisions
of that Act and Rule shall remain in effect with respect to, and provide the exclusive procedures
for, those claims until the completion of all such procedures.
(2) Claims arising between effective date and opening of Office
If a claim by an employee of the Senate or House of Representatives arises under section 1311
or 1312 of this title after the effective date of such sections, but before the opening of the Office
for receipt of requests for counseling or mediation under sections 1402 and 1403 of this title, the
[Release Point 118-70]
provisions of the Government Employees Rights Act of 1991 and Rule LI of the House of
Representatives relating to counseling and mediation shall remain in effect, and the employee may
complete under that Act or Rule the requirements for counseling and mediation under sections
1402 and 1403 of this title. If, after counseling and mediation is completed, the Office has not yet
opened for the filing of a timely complaint under section 1405 of this title, the employee may
elect—
(A) to file a complaint under section 307 of the Government Employees Rights Act of 1991 1
or Rule LI of the House of Representatives, and thereafter proceed exclusively under that Act or
Rule, the provisions of which shall remain in effect until the completion of all proceedings in
relation to the complaint, or
(B) to commence a civil action under section 1408 of this title.
(3) Section 1207a of this title
With respect to payments of awards and settlements relating to Senate employees under
paragraph (1) of this subsection, section 1207a of this title remains in effect.
1
(b) Transition provisions for employees of Architect of Capitol
(1) Claims arising before effective date
If, as of the date on which section 1311 of this title takes effect, an employee of the Architect of
the Capitol has or could have filed a charge or complaint regarding an alleged violation of section
1831(e)(2) of this title, the employee may complete, or initiate and complete, all procedures
1
under section 1831(e) of this title, the provisions of which shall remain in effect with respect to,
1
and provide the exclusive procedures for, that claim until the completion of all such procedures.
(2) Claims arising between effective date and opening of Office
If a claim by an employee of the Architect of the Capitol arises under section 1311 or 1312 of
this title after the effective date of those provisions, but before the opening of the Office for
receipt of requests for counseling or mediation under sections 1402 and 1403 of this title, the
employee may satisfy the requirements for counseling and mediation by exhausting the
requirements prescribed by the Architect of the Capitol in accordance with section 1831(e)(3) of
1
this title. If, after exhaustion of those requirements the Office has not yet opened for the filing of a
timely complaint under section 1405 of this title, the employee may elect—
(A) to file a charge with the General Accounting Office Personnel Appeals Board pursuant
2
to section 1831(e)(3) of this title, and thereafter proceed exclusively under section 1831(e) of
1
1
this title, the provisions of which shall remain in effect until the completion of all proceedings
in relation to the charge, or
(B) to commence a civil action under section 1408 of this title.
(c) Transition provision relating to matters other than employment under section 12209 of title
42
With respect to matters other than employment under section 12209 of title 42, the rights,
1
protections, remedies, and procedures of section 12209 of title 42 shall remain in effect until
1
section 1331 of this title takes effect with respect to each of the entities covered by section 12209 1
of title 42.
(Pub. L. 104–1, title V, §506, Jan. 23, 1995, 109 Stat. 42.)
EDITORIAL NOTES
REFERENCES IN TEXT
For the effective dates of sections 1311, 1312, and 1331 of this title, referred to in text, see sections 1311(e),
1312(f), and 1331(i), respectively, of this title.
Rule LI of the Rules of the House of Representatives, referred to in subsec. (a)(1), (2), was repealed by H.
[Release Point 118-70]
Res. No. 5, §23(a), One Hundred Fifth Congress, Jan. 7, 1997.
The Family and Medical Leave Act of 1993, referred to in subsec. (a)(1), is Pub. L. 103–3, Feb. 5, 1993,
107 Stat. 6. Title V of the Act was classified generally to sections 60m and 60n of this title prior to repeal,
except as provided by this section, by Pub. L. 104–1, title V, §504(b), Jan. 23, 1995, 109 Stat. 41. For
complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29,
Labor, and Tables.
The Government Employees Rights Act of 1991, referred to in subsec. (a)(1), (2), probably means the
Government Employee Rights Act of 1991, which is title III of Pub. L. 102–166, Nov. 21, 1991, 105 Stat.
1088, and is classified generally to sections 2000e–16a to 2000e–16c of Title 42, The Public Health and
Welfare. Sections 305 and 307 of the Act were classified to sections 1205 and 1207, respectively, of this title
prior to repeal, except as provided in this section, by Pub. L. 104–1, title V, §504(a)(2), Jan. 23, 1995, 109
Stat. 41. For complete classification of this Act to the Code, see section 2000e–16a(a) of Title 42 and Tables.
Section 1207a of this title, referred to in subsec. (a)(3), was repealed, except as provided in this section, by
Pub. L. 104–1, title V, §504(a)(5), Jan. 23, 1995, 109 Stat. 41.
Section 1831(e) of this title, referred to in subsec. (b), was repealed, except as provided in this section, by
Pub. L. 104–1, title V, §504(c)(1), Jan. 23, 1995, 109 Stat. 41.
Section 12209 of title 42, referred to in subsec. (c), was in the original a reference to section 509 of the
Americans with Disabilities Act of 1990. Sections 508 and 509 of the Act were renumbered sections 509 and
510, respectively, by Pub. L. 110–325, §6(a)(2), Sept. 25, 2008, 122 Stat. 3558, and are classified to sections
12208 and 12209, respectively, of title 42.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L.
108–271, set out as a note under section 702 of Title 31, Money and Finance.
See References in Text note below.
1
See Change of Name note below.
2 | §1435. Savings provisions | 2024-07-12T00:00:00 | f80f2b9112fa2d47d98165e6deda52192c26f6eaaba6db2092bd922f6f4409a8 |
US House of Representatives | 2, 24, §1437 | acquisition procedures for Senate acquisitions
It is the sense of the Senate that the Committee on Rules and Administration of the Senate should
review the rules applicable to purchases by Senate offices to determine whether they are consistent
with the acquisition simplification and streamlining laws enacted in the Federal Acquisition
Streamlining Act of 1994 (Public Law 103–355).
(Pub. L. 104–1, title V, §508, Jan. 23, 1995, 109 Stat. 44.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Federal Acquisition Streamlining Act of 1994, referred to in text, is Pub. L. 103–355, Oct. 13, 1994,
108 Stat. 3243. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out
under section 101 of Title 41, Public Contracts, and Tables.
[Release Point 118-70] | §1437. Sense of Senate regarding adoption of simplified and streamlined | 2024-07-12T00:00:00 | e668950976e29a7988a85bf95d76f68fb2e34ad7ee9671450dd21ed0692efd24 |
US House of Representatives | 2, 24, §1438 | If any provision of this chapter or the application of such provision to any person or circumstance
is held to be invalid, the remainder of this chapter and the application of the provisions of the
remainder to any person or circumstance shall not be affected thereby.
(Pub. L. 104–1, title V, §511, formerly §509, Jan. 23, 1995, 109 Stat. 44; renumbered §510,
renumbered §511, Pub. L. 115–397, title III, §§306(a)(1), 307(a)(1), Dec. 21, 2018, 132 Stat. 5324,
5325.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109
Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see
Short Title note set out under section 1301 of this title and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21,
2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note
under section 1301 of this title.
[Release Point 118-70]
Judicial review.
1571.
Authorization of appropriations.
1556.
"Federal mandate" defined.
1555.
Annual report to Congress regarding Federal court rulings.
1554.
Special authorities of Advisory Commission.
1553.
Report on Federal mandates by Advisory Commission on Intergovernmental Relations.
1552.
Baseline study of costs and benefits.
1551.
Annual statements to Congress on agency compliance.
1538.
Pilot program on small government flexibility.
1537.
Assistance to Congressional Budget Office.
1536.
Least burdensome option or explanation required.
1535.
State, local, and tribal government input.
1534.
Small government agency plan.
1533.
Statements to accompany significant regulatory actions.
1532.
Regulatory process.
1531.
Authorization of appropriations.
1516.
Exercise of rulemaking powers.
1515.
Enforcement in House of Representatives.
1514.
Impact on local governments.
1513.
Consideration for Federal funding.
1512.
Cost of regulations.
1511.
Agency assistance.
1504.
Exclusions.
1503.
Definitions.
1502.
Purposes.
1501.
Sec. | §1438. Severability | 2024-07-12T00:00:00 | 0ed1802cd1cd7ce1325d74566d13c7597e259181e704a0e4e2cda58e1419ca01 |
US House of Representatives | 2, 25, §1501 | The purposes of this chapter are—
(1) to strengthen the partnership between the Federal Government and State, local, and tribal
governments;
(2) to end the imposition, in the absence of full consideration by Congress, of Federal mandates
on State, local, and tribal governments without adequate Federal funding, in a manner that may
displace other essential State, local, and tribal governmental priorities;
(3) to assist Congress in its consideration of proposed legislation establishing or revising
Federal programs containing Federal mandates affecting State, local, and tribal governments, and
the private sector by—
(A) providing for the development of information about the nature and size of mandates in
proposed legislation; and
(B) establishing a mechanism to bring such information to the attention of the Senate and the
House of Representatives before the Senate and the House of Representatives vote on proposed
legislation;
(4) to promote informed and deliberate decisions by Congress on the appropriateness of Federal
mandates in any particular instance;
[Release Point 118-70]
(5) to require that Congress consider whether to provide funding to assist State, local, and tribal
governments in complying with Federal mandates, to require analyses of the impact of private
sector mandates, and through the dissemination of that information provide informed and
deliberate decisions by Congress and Federal agencies and retain competitive balance between the
public and private sectors;
(6) to establish a point-of-order vote on the consideration in the Senate and House of
Representatives of legislation containing significant Federal intergovernmental mandates without
providing adequate funding to comply with such mandates;
(7) to assist Federal agencies in their consideration of proposed regulations affecting State,
local, and tribal governments, by—
(A) requiring that Federal agencies develop a process to enable the elected and other officials
of State, local, and tribal governments to provide input when Federal agencies are developing
regulations; and
(B) requiring that Federal agencies prepare and consider estimates of the budgetary impact of
regulations containing Federal mandates upon State, local, and tribal governments and the
private sector before adopting such regulations, and ensuring that small governments are given
special consideration in that process; and
(8) to begin consideration of the effect of previously imposed Federal mandates, including the
impact on State, local, and tribal governments of Federal court interpretations of Federal statutes
and regulations that impose Federal intergovernmental mandates.
(Pub. L. 104–4, §2, Mar. 22, 1995, 109 Stat. 48.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–4, Mar. 22, 1995, 109
Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the
Code, see Short Title note below and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
SHORT TITLE
Pub. L. 104–4, §1, Mar. 22, 1995, 109 Stat. 48, provided that: "This Act [enacting this chapter and sections
658 to 658g of this title, amending sections 602, 632, and 653 of this title, and enacting provisions set out as
notes under sections 1511 and 1531 of this title] may be cited as the 'Unfunded Mandates Reform Act of
1995'." | §1501. Purposes | 2024-07-12T00:00:00 | 4da21c0fc00af063c51ddd26c53bdb4e70296af20865da9692081c26ea618583 |
US House of Representatives | 2, 25, §1502 | For purposes of this chapter—
(1) except as provided in section 1555 of this title, the terms defined under section 658 of this
title shall have the meanings as so defined; and
(2) the term "Director" means the Director of the Congressional Budget Office.
(Pub. L. 104–4, §3, Mar. 22, 1995, 109 Stat. 49.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–4, Mar. 22, 1995, 109
Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the
Code, see Short Title note set out under section 1501 of this title and Tables.
[Release Point 118-70] | §1502. Definitions | 2024-07-12T00:00:00 | df34068e9079a47f59ae9b7759abb3613b37d735af7bd1a3e6ccaf5b2841bb33 |
US House of Representatives | 2, 25, §1503 | This chapter shall not apply to any provision in a bill, joint resolution, amendment, motion, or
conference report before Congress and any provision in a proposed or final Federal regulation that—
(1) enforces constitutional rights of individuals;
(2) establishes or enforces any statutory rights that prohibit discrimination on the basis of race,
color, religion, sex, national origin, age, handicap, or disability;
(3) requires compliance with accounting and auditing procedures with respect to grants or other
money or property provided by the Federal Government;
(4) provides for emergency assistance or relief at the request of any State, local, or tribal
government or any official of a State, local, or tribal government;
(5) is necessary for the national security or the ratification or implementation of international
treaty obligations;
(6) the President designates as emergency legislation and that the Congress so designates in
statute; or
(7) relates to the old-age, survivors, and disability insurance program under title II of the Social
Security Act [42 U.S.C. 401 et seq.] (including taxes imposed by sections 3101(a) and 3111(a) of
title 26 (relating to old-age, survivors, and disability insurance)).
(Pub. L. 104–4, §4, Mar. 22, 1995, 109 Stat. 49.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–4, Mar. 22, 1995, 109
Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the
Code, see Short Title note set out under section 1501 of this title and Tables.
The Social Security Act, referred to in par. (7), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the
Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. | §1503. Exclusions | 2024-07-12T00:00:00 | c0f22dc69bde852df6b7a356a0323f85bee43601730346bf4956c0999b7c191b |
US House of Representatives | 2, 25, §1504 | Each agency shall provide to the Director such information and assistance as the Director may
reasonably request to assist the Director in carrying out this chapter.
(Pub. L. 104–4, §5, Mar. 22, 1995, 109 Stat. 50.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–4, Mar. 22, 1995, 109
Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the
Code, see Short Title note set out under section 1501 of this title and Tables.
SUBCHAPTER I—LEGISLATIVE ACCOUNTABILITY AND REFORM | §1504. Agency assistance | 2024-07-12T00:00:00 | a89d9c627c58b393d8a9c28748e71209557d5f30a9598de92b287650fa45fd30 |
US House of Representatives | 2, 25, §1511 | (a) Sense of Congress
It is the sense of the Congress that Federal agencies should review and evaluate planned
[Release Point 118-70]
regulations to ensure that the cost estimates provided by the Congressional Budget Office will be
carefully considered as regulations are promulgated.
(b) Statement of cost
At the request of a committee chairman or ranking minority member, the Director shall, to the
extent practicable, prepare a comparison between—
(1) an estimate by the relevant agency, prepared under section 1532 of this title, of the costs of
regulations implementing an Act containing a Federal mandate; and
(2) the cost estimate prepared by the Congressional Budget Office for such Act when it was
enacted by the Congress.
(c) Cooperation of Office of Management and Budget
At the request of the Director of the Congressional Budget Office, the Director of the Office of
Management and Budget shall provide data and cost estimates for regulations implementing an Act
containing a Federal mandate covered by part B of title IV of the Congressional Budget and
Impoundment Control Act of 1974 [2 U.S.C. 658 et seq.].
(Pub. L. 104–4, title I, §103, Mar. 22, 1995, 109 Stat. 62.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (c), is Pub. L.
93–344, July 12, 1974, 88 Stat. 297. Part B of title IV of the Act is classified generally to part B (§658 et seq.)
of subchapter II of chapter 17A of this title. For complete classification of this Act to the Code, see Short Title
note set out under section 621 of this title and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Pub. L. 104–4, title I, §110, Mar. 22, 1995, 109 Stat. 64, provided that: "This title [enacting this subchapter
and sections 658 to 658g of this title and amending sections 602, 632, and 653 of this title] shall take effect on
January 1, 1996 or on the date 90 days after appropriations are made available as authorized under section 109
[2 U.S.C. 1516], whichever is earlier and shall apply to legislation considered on and after such date." | §1511. Cost of regulations | 1996-01-01T00:00:00 | 2a4a05650e596846630c73e17aff2ccf93540c1097363d07ba45d721d882df82 |
US House of Representatives | 2, 25, §1512 | Nothing in this chapter shall preclude a State, local, or tribal government that already complies
with all or part of the Federal intergovernmental mandates included in the bill, joint resolution,
amendment, motion, or conference report from consideration for Federal funding under section
658d(a)(2) of this title for the cost of the mandate, including the costs the State, local, or tribal
government is currently paying and any additional costs necessary to meet the mandate.
(Pub. L. 104–4, title I, §105, Mar. 22, 1995, 109 Stat. 62.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–4, Mar. 22, 1995, 109
Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the
Code, see Short Title note set out under section 1501 of this title and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
[Release Point 118-70]
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized
under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such
date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title. | §1512. Consideration for Federal funding | 2024-07-12T00:00:00 | ff1ae7b9836f5ba42eff00245e0407c45873147dfc73ea2404bcf06de7373148 |
US House of Representatives | 2, 25, §1513 | (a) Findings
The Senate finds that—
(1) the Congress should be concerned about shifting costs from Federal to State and local
authorities and should be equally concerned about the growing tendency of States to shift costs to
local governments;
(2) cost shifting from States to local governments has, in many instances, forced local
governments to raise property taxes or curtail sometimes essential services; and
(3) increases in local property taxes and cuts in essential services threaten the ability of many
citizens to attain and maintain the American dream of owning a home in a safe, secure
community.
(b) Sense of Senate
It is the sense of the Senate that—
(1) the Federal Government should not shift certain costs to the State, and States should end the
practice of shifting costs to local governments, which forces many local governments to increase
property taxes;
(2) States should end the imposition, in the absence of full consideration by their legislatures, of
State issued mandates on local governments without adequate State funding, in a manner that may
displace other essential government priorities; and
(3) one primary objective of this chapter and other efforts to change the relationship among
Federal, State, and local governments should be to reduce taxes and spending at all levels and to
end the practice of shifting costs from one level of government to another with little or no benefit
to taxpayers.
(Pub. L. 104–4, title I, §106, Mar. 22, 1995, 109 Stat. 63.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsec. (b)(3), was in the original "this Act", meaning Pub. L. 104–4, Mar. 22,
1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this
Act to the Code, see Short Title note set out under section 1501 of this title and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized
under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such
date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title. | §1513. Impact on local governments | 2024-07-12T00:00:00 | 0c5790db35b2ba77cbf7b1c257a2904dc21d5dbc9b9bd4e9824ebb5fd9b2ae37 |
US House of Representatives | 2, 25, §1514 | (a) Omitted
(b) Committee on Rules reports on waived points of order
The Committee on Rules shall include in the report required by clause 1(d) of rule XI (relating to
1
its activities during the Congress) of the Rules of the House of Representatives a separate item
[Release Point 118-70]
identifying all waivers of points of order relating to Federal mandates, listed by bill or joint
resolution number and the subject matter of that measure.
(Pub. L. 104–4, title I, §107, Mar. 22, 1995, 109 Stat. 63.)
EDITORIAL NOTES
REFERENCES IN TEXT
Clause 1(d) of Rule XI of the Rules of the House of Representatives, referred to in subsec. (b), was
amended generally by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
CODIFICATION
Section is comprised of section 107 of Pub. L. 104–4. Subsec. (a) of section 107 of Pub. L. 104–4 amended
the Rules of the House of Representatives, which are not classified to the Code.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized
under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such
date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.
See References in Text note below.
1 | §1514. Enforcement in House of Representatives | 2024-07-12T00:00:00 | 0a472613abc2a52bcdfb8653edaa924e389414289acb55d93bfc94280864d3b7 |
US House of Representatives | 2, 25, §1515 | The provisions of sections 658 to 658g and 1514 of this title are enacted by Congress—
(1) as an exercise of the rulemaking power of the Senate and the House of Representatives,
respectively, and as such they shall be considered as part of the rules of such House, respectively,
and such rules shall supersede other rules only to the extent that they are inconsistent therewith;
and
(2) with full recognition of the constitutional right of either House to change such rules (so far
as relating to such House) at any time, in the same manner, and to the same extent as in the case of
any other rule of each House.
(Pub. L. 104–4, title I, §108, Mar. 22, 1995, 109 Stat. 63.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized
under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such
date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title. | §1515. Exercise of rulemaking powers | 2024-07-12T00:00:00 | 2c4d07883b7c45f8c1f94149d518fbc1c1ef835d408b31f5ffcbc0947350f723 |
US House of Representatives | 2, 25, §1516 | There are authorized to be appropriated to the Congressional Budget Office $4,500,000 for each of
the fiscal years 1996, 1997, 1998, 1999, 2000, 2001, and 2002 to carry out the provisions of this
subchapter.
(Pub. L. 104–4, title I, §109, Mar. 22, 1995, 109 Stat. 64.)
EDITORIAL NOTES
REFERENCES IN TEXT
[Release Point 118-70]
This subchapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 104–4, Mar. 22,
1995, 109 Stat. 50, which enacted this subchapter and sections 658 to 658g of this title, amended sections 602,
632, and 653 of this title, and enacted provisions set out as a note under section 1511 of this title.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized
under this section, whichever is earlier, and applicable to legislation considered on and after such date, see
section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.
SUBCHAPTER II—REGULATORY ACCOUNTABILITY AND REFORM | §1516. Authorization of appropriations | 2024-07-12T00:00:00 | fd82c3ded86ec0cbaf0c1c1cdfafb4204fea53b8bb36acf9fa6de8cec9627ee9 |
US House of Representatives | 2, 25, §1531 | Each agency shall, unless otherwise prohibited by law, assess the effects of Federal regulatory
actions on State, local, and tribal governments, and the private sector (other than to the extent that
such regulations incorporate requirements specifically set forth in law).
(Pub. L. 104–4, title II, §201, Mar. 22, 1995, 109 Stat. 64.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Pub. L. 104–4, title II, §209, Mar. 22, 1995, 109 Stat. 67, provided that: "This title [enacting this
subchapter] and the amendments made by this title shall take effect on the date of the enactment of this Act
[Mar. 22, 1995]."
EXECUTIVE DOCUMENTS
REGULATORY PLANNING AND REVIEW
For provisions stating regulatory philosophy and principles and setting forth regulatory organization,
procedures, and guidelines for centralized review of new and existing regulations to make the regulatory
process more efficient, see Ex. Ord. No. 12866, Sept. 30, 1993, 58 F.R. 51735, set out as a note under section
601 of Title 5, Government Organization and Employees. | §1531. Regulatory process | 2024-07-12T00:00:00 | a805a2cf525519966eaa824c8c5b6006c4316a2f5dcc967540d8b5550e3561a8 |
US House of Representatives | 2, 25, §1532 | (a) In general
Unless otherwise prohibited by law, before promulgating any general notice of proposed
rulemaking that is likely to result in promulgation of any rule that includes any Federal mandate that
may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for inflation) in any 1 year, and before
promulgating any final rule for which a general notice of proposed rulemaking was published, the
agency shall prepare a written statement containing—
(1) an identification of the provision of Federal law under which the rule is being promulgated;
(2) a qualitative and quantitative assessment of the anticipated costs and benefits of the Federal
mandate, including the costs and benefits to State, local, and tribal governments or the private
sector, as well as the effect of the Federal mandate on health, safety, and the natural environment
and such an assessment shall include—
(A) an analysis of the extent to which such costs to State, local, and tribal governments may
[Release Point 118-70]
be paid with Federal financial assistance (or otherwise paid for by the Federal Government);
and
(B) the extent to which there are available Federal resources to carry out the
intergovernmental mandate;
(3) estimates by the agency, if and to the extent that the agency determines that accurate
estimates are reasonably feasible, of—
(A) the future compliance costs of the Federal mandate; and
(B) any disproportionate budgetary effects of the Federal mandate upon any particular
regions of the nation or particular State, local, or tribal governments, urban or rural or other
types of communities, or particular segments of the private sector;
(4) estimates by the agency of the effect on the national economy, such as the effect on
productivity, economic growth, full employment, creation of productive jobs, and international
competitiveness of United States goods and services, if and to the extent that the agency in its sole
discretion determines that accurate estimates are reasonably feasible and that such effect is
relevant and material; and
(5)(A) a description of the extent of the agency's prior consultation with elected representatives
(under section 1534 of this title) of the affected State, local, and tribal governments;
(B) a summary of the comments and concerns that were presented by State, local, or tribal
governments either orally or in writing to the agency; and
(C) a summary of the agency's evaluation of those comments and concerns.
(b) Promulgation
In promulgating a general notice of proposed rulemaking or a final rule for which a statement
under subsection (a) is required, the agency shall include in the promulgation a summary of the
information contained in the statement.
(c) Preparation in conjunction with other statement
Any agency may prepare any statement required under subsection (a) in conjunction with or as a
part of any other statement or analysis, provided that the statement or analysis satisfies the provisions
of subsection (a). | §1532. Statements to accompany significant regulatory actions | 2024-07-12T00:00:00 | 2d028b0afccb11fa99b980497d77a5cc7b78155ae121e6a18e25c90eb2b84853 |
US House of Representatives | 2, 25, §1533 | (a) Effects on small governments
Before establishing any regulatory requirements that might significantly or uniquely affect small
governments, agencies shall have developed a plan under which the agency shall—
(1) provide notice of the requirements to potentially affected small governments, if any;
(2) enable officials of affected small governments to provide meaningful and timely input in the
development of regulatory proposals containing significant Federal intergovernmental mandates;
and
(3) inform, educate, and advise small governments on compliance with the requirements.
(b) Authorization of appropriations
There are authorized to be appropriated to each agency to carry out the provisions of this section
and for no other purpose, such sums as are necessary. | §1533. Small government agency plan | 2024-07-12T00:00:00 | ac22ee743790a044eb9210d5ac0ef3acaf0e36d6828593e87170be2df2792e73 |
US House of Representatives | 2, 25, §1534 | [Release Point 118-70]
(a) In general
Each agency shall, to the extent permitted in law, develop an effective process to permit elected
officers of State, local, and tribal governments (or their designated employees with authority to act
on their behalf) to provide meaningful and timely input in the development of regulatory proposals
containing significant Federal intergovernmental mandates.
(b) Meetings between State, local, tribal and Federal officers
Chapter 10 of title 5 shall not apply to actions in support of intergovernmental communications
where—
(1) meetings are held exclusively between Federal officials and elected officers of State, local,
and tribal governments (or their designated employees with authority to act on their behalf) acting
in their official capacities; and
(2) such meetings are solely for the purposes of exchanging views, information, or advice
relating to the management or implementation of Federal programs established pursuant to public
law that explicitly or inherently share intergovernmental responsibilities or administration.
(c) Implementing guidelines
No later than 6 months after March 22, 1995, the President shall issue guidelines and instructions
to Federal agencies for appropriate implementation of subsections (a) and (b) consistent with
applicable laws and regulations.
(Pub. L. 104–4, title II, §204, Mar. 22, 1995, 109 Stat. 65; Pub. L. 117–286, §4(a)(1), Dec. 27, 2022,
136 Stat. 4305.)
EDITORIAL NOTES
AMENDMENTS
2022—Subsec. (b). Pub. L. 117–286 substituted "Chapter 10 of title 5" for "The Federal Advisory
Committee Act (5 U.S.C. App.)" in introductory provisions.
EXECUTIVE DOCUMENTS
DELEGATION OF AUTHORITY TO ISSUE GUIDELINES AND INSTRUCTIONS
Memorandum of President of the United States, Aug. 25, 1995, 60 F.R. 45039, provided:
Memorandum for the Director of the Office of Management and Budget
By the authority vested in me as President by the Constitution and laws of the United States, including
section 204(c) of the Unfunded Mandates Reform Act of 1995 (Public Law 104–4) [2 U.S.C. 1534(c)] and
section 301 of title 3 of the United States Code, I hereby delegate to the Director of the Office of Management
and Budget the authority vested in the President to issue the guidelines and instructions to Federal agencies
required by section 204(c) of that Act.
You are authorized and directed to publish this memorandum in the Federal Register.
WILLIAM J. CLINTON. | §1534. State, local, and tribal government input | 1995-03-22T00:00:00 | bfd81ac1ff999251b12592f2298849ecf7882449d98541f6ef0b70e1240b48e3 |
US House of Representatives | 2, 25, §1535 | (a) In general
Except as provided in subsection (b), before promulgating any rule for which a written statement
is required under section 1532 of this title, the agency shall identify and consider a reasonable
number of regulatory alternatives and from those alternatives select the least costly, most
cost-effective or least burdensome alternative that achieves the objectives of the rule, for—
(1) State, local, and tribal governments, in the case of a rule containing a Federal
intergovernmental mandate; and
(2) the private sector, in the case of a rule containing a Federal private sector mandate.
[Release Point 118-70]
(b) Exception
The provisions of subsection (a) shall apply unless—
(1) the head of the affected agency publishes with the final rule an explanation of why the least
costly, most cost-effective or least burdensome method of achieving the objectives of the rule was
not adopted; or
(2) the provisions are inconsistent with law.
(c) OMB certification
No later than 1 year after March 22, 1995, the Director of the Office of Management and Budget
shall certify to Congress, with a written explanation, agency compliance with this section and
include in that certification agencies and rulemakings that fail to adequately comply with this
section. | §1535. Least burdensome option or explanation required | 1995-03-22T00:00:00 | 548f629ca06e160d8b0be8d36cd04be3d31fbfcb8a4a25a376aa859f631be9a4 |
US House of Representatives | 2, 25, §1536 | The Director of the Office of Management and Budget shall—
(1) collect from agencies the statements prepared under section 1532 of this title; and
(2) periodically forward copies of such statements to the Director of the Congressional Budget
Office on a reasonably timely basis after promulgation of the general notice of proposed
rulemaking or of the final rule for which the statement was prepared. | §1536. Assistance to Congressional Budget Office | 2024-07-12T00:00:00 | 498b5a0dc7d0ddbc0a943d00a982e406c63ea52460d0880f871555134cf5683b |
US House of Representatives | 2, 25, §1537 | (a) In general
The Director of the Office of Management and Budget, in consultation with Federal agencies,
shall establish pilot programs in at least 2 agencies to test innovative, and more flexible regulatory
approaches that—
(1) reduce reporting and compliance burdens on small governments; and
(2) meet overall statutory goals and objectives.
(b) Program focus
The pilot programs shall focus on rules in effect or proposed rules, or a combination thereof. | §1537. Pilot program on small government flexibility | 2024-07-12T00:00:00 | 2a193e0043aacfe84ffa81f39d68713d4626395291447c4f2ffa045a7c8c3597 |
US House of Representatives | 2, 25, §1538 | No later than 1 year after March 22, 1995, and annually thereafter, the Director of the Office of
Management and Budget shall submit to the Congress, including the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform and Oversight of the House of
Representatives, a written report detailing compliance by each agency during the preceding reporting
period with the requirements of this subchapter.
(Pub. L. 104–4, title II, §208, Mar. 22, 1995, 109 Stat. 67.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and
Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
Congress, Oct. 9, 2004.
[Release Point 118-70]
Committee on Government Reform and Oversight of House of Representatives changed to Committee on
Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on
Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred
Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives
changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One
Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives
changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No.
5, One Hundred Eighteenth Congress, Jan. 9, 2023.
SUBCHAPTER III—REVIEW OF FEDERAL MANDATES | §1538. Annual statements to Congress on agency compliance | 1995-03-22T00:00:00 | a394205761150ccd6173bfe760c4f02402b2d3d6ab940c9ee9bfc5f4133390e6 |
US House of Representatives | 2, 25, §1551 | (a) In general
No later than 18 months after March 22, 1995, the Advisory Commission on Intergovernmental
Relations (hereafter in this subchapter referred to as the "Advisory Commission"), in consultation
with the Director, shall complete a study to examine the measurement and definition issues involved
in calculating the total costs and benefits to State, local, and tribal governments of compliance with
Federal law.
(b) Considerations
The study required by this section shall consider—
(1) the feasibility of measuring indirect costs and benefits as well as direct costs and benefits of
the Federal, State, local, and tribal relationship; and
(2) how to measure both the direct and indirect benefits of Federal financial assistance and tax
benefits to State, local, and tribal governments. | §1551. Baseline study of costs and benefits | 1995-03-22T00:00:00 | 1507cd53b560cb1e3bb65f14a497a652b1d146d4a1809ae2e50482bb58efdb49 |
US House of Representatives | 2, 25, §1552 | Intergovernmental Relations
(a) In general
The Advisory Commission on Intergovernmental Relations shall in accordance with this section—
(1) investigate and review the role of Federal mandates in intergovernmental relations and their
impact on State, local, tribal, and Federal government objectives and responsibilities, and their
impact on the competitive balance between State, local, and tribal governments, and the private
sector and consider views of and the impact on working men and women on those same matters;
(2) investigate and review the role of unfunded State mandates imposed on local governments;
(3) make recommendations to the President and the Congress regarding—
(A) allowing flexibility for State, local, and tribal governments in complying with specific
Federal mandates for which terms of compliance are unnecessarily rigid or complex;
(B) reconciling any 2 or more Federal mandates which impose contradictory or inconsistent
requirements;
(C) terminating Federal mandates which are duplicative, obsolete, or lacking in practical
utility;
(D) suspending, on a temporary basis, Federal mandates which are not vital to public health
and safety and which compound the fiscal difficulties of State, local, and tribal governments,
including recommendations for triggering such suspension;
(E) consolidating or simplifying Federal mandates, or the planning or reporting requirements
[Release Point 118-70]
of such mandates, in order to reduce duplication and facilitate compliance by State, local, and
tribal governments with those mandates;
(F) establishing common Federal definitions or standards to be used by State, local, and tribal
governments in complying with Federal mandates that use different definitions or standards for
the same terms or principles; and
(G)(i) the mitigation of negative impacts on the private sector that may result from relieving
State, local, and tribal governments from Federal mandates (if and to the extent that such
negative impacts exist on the private sector); and
(ii) the feasibility of applying relief from Federal mandates in the same manner and to the
same extent to private sector entities as such relief is applied to State, local, and tribal
governments; and
(4) identify and consider in each recommendation made under paragraph (3), to the extent
practicable—
(A) the specific Federal mandates to which the recommendation applies, including
requirements of the departments, agencies, and other entities of the Federal Government that
State, local, and tribal governments utilize metric systems of measurement; and
(B) any negative impact on the private sector that may result from implementation of the
recommendation.
(b) Criteria
(1) In general
The Commission shall establish criteria for making recommendations under subsection (a).
(2) Issuance of proposed criteria
The Commission shall issue proposed criteria under this subsection no later than 60 days after
March 22, 1995, and thereafter provide a period of 30 days for submission by the public of
comments on the proposed criteria.
(3) Final criteria
No later than 45 days after the date of issuance of proposed criteria, the Commission shall—
(A) consider comments on the proposed criteria received under paragraph (2);
(B) adopt and incorporate in final criteria any recommendations submitted in those comments
that the Commission determines will aid the Commission in carrying out its duties under this
section; and
(C) issue final criteria under this subsection.
(c) Preliminary report
(1) In general
No later than 9 months after March 22, 1995, the Commission shall—
(A) prepare and publish a preliminary report on its activities under this subchapter, including
preliminary recommendations pursuant to subsection (a);
(B) publish in the Federal Register a notice of availability of the preliminary report; and
(C) provide copies of the preliminary report to the public upon request.
(2) Public hearings
The Commission shall hold public hearings on the preliminary recommendations contained in
the preliminary report of the Commission under this subsection.
(d) Final report
No later than 3 months after the date of the publication of the preliminary report under subsection
(c), the Commission shall submit to the Congress, including the Committee on Government Reform
and Oversight of the House of Representatives, the Committee on Governmental Affairs of the
[Release Point 118-70]
Senate, the Committee on the Budget of the Senate, and the Committee on the Budget of the House
of Representatives, and to the President a final report on the findings, conclusions, and
recommendations of the Commission under this section.
(e) Priority to mandates that are subject of judicial proceedings
In carrying out this section, the Advisory Commission shall give the highest priority to
immediately investigating, reviewing, and making recommendations regarding Federal mandates that
are the subject of judicial proceedings between the United States and a State, local, or tribal
government.
(f) "State mandate" defined
For purposes of this section the term "State mandate" means any provision in a State statute or
regulation that imposes an enforceable duty on local governments, the private sector, or individuals,
including a condition of State assistance or a duty arising from participation in a voluntary State
program.
(Pub. L. 104–4, title III, §302, Mar. 22, 1995, 109 Stat. 67.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and
Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
Congress, Oct. 9, 2004.
Committee on Government Reform and Oversight of House of Representatives changed to Committee on
Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on
Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred
Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives
changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One
Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives
changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No.
5, One Hundred Eighteenth Congress, Jan. 9, 2023. | §1552. Report on Federal mandates by Advisory Commission on | 1995-03-22T00:00:00 | 1c3f7e5b0d0964de6da6c786719def04dfa8cdf75fcad0fd521b1575bf339fad |
US House of Representatives | 2, 25, §1553 | (a) Experts and consultants
For purposes of carrying out this subchapter, the Advisory Commission may procure temporary
and intermittent services of experts or consultants under section 3109(b) of title 5.
(b) Detail of staff of Federal agencies
Upon request of the Executive Director of the Advisory Commission, the head of any Federal
department or agency may detail, on a reimbursable basis, any of the personnel of that department or
agency to the Advisory Commission to assist it in carrying out this subchapter.
(c) Administrative support services
Upon the request of the Advisory Commission, the Administrator of General Services shall
provide to the Advisory Commission, on a reimbursable basis, the administrative support services
necessary for the Advisory Commission to carry out its duties under this subchapter.
(d) Contract authority
The Advisory Commission may, subject to appropriations, contract with and compensate
government and private persons (including agencies) for property and services used to carry out its
duties under this subchapter.
(Pub. L. 104–4, title III, §303, Mar. 22, 1995, 109 Stat. 69.)
[Release Point 118-70] | §1553. Special authorities of Advisory Commission | 2024-07-12T00:00:00 | 3e0c72b511919271d07b2e6aadbf254ef446868ec966f26323b586207387d59b |
US House of Representatives | 2, 25, §1554 | No later than 4 months after March 22, 1995, and no later than March 15 of each year thereafter,
the Advisory Commission on Intergovernmental Relations shall submit to the Congress, including
the Committee on Government Reform and Oversight of the House of Representatives and the
Committee on Governmental Affairs of the Senate, and to the President a report describing any
Federal court case to which a State, local, or tribal government was a party in the preceding calendar
year that required such State, local, or tribal government to undertake responsibilities or activities,
beyond those such government would otherwise have undertaken, to comply with Federal statutes
and regulations.
(Pub. L. 104–4, title III, §304, Mar. 22, 1995, 109 Stat. 70.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and
Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
Congress, Oct. 9, 2004.
Committee on Government Reform and Oversight of House of Representatives changed to Committee on
Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on
Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred
Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives
changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One
Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives
changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No.
5, One Hundred Eighteenth Congress, Jan. 9, 2023. | §1554. Annual report to Congress regarding Federal court rulings | 1995-03-22T00:00:00 | 5091cd2f3a773310fda928949ebd555159f2d2e1cc2d25136077f91fc305881f |
US House of Representatives | 2, 25, §1555 | Notwithstanding section 1502 of this title, for purposes of this subchapter the term "Federal
mandate" means any provision in statute or regulation or any Federal court ruling that imposes an
enforceable duty upon State, local, or tribal governments including a condition of Federal assistance
or a duty arising from participation in a voluntary Federal program. | §1555. "Federal mandate" defined | 2024-07-12T00:00:00 | aaec06da67390afeac87794cd6615c54744d4bb958d70655c56acfee6d40c299 |
US House of Representatives | 2, 25, §1556 | There are authorized to be appropriated to the Advisory Commission to carry out section 1551 of
this title and section 1552 of this title, $500,000 for each of fiscal years 1995 and 1996.
(Pub. L. 104–4, title III, §306, Mar. 22, 1995, 109 Stat. 70.)
SUBCHAPTER IV—JUDICIAL REVIEW | §1556. Authorization of appropriations | 2024-07-12T00:00:00 | 55431c22ccb788fecb0e54aefd1c41ae62060e2543b85199f0dd9e9202ad8f1b |
US House of Representatives | 2, 25, §1571 | (a) Agency statements on significant regulatory actions
(1) In general
Compliance or noncompliance by any agency with the provisions of sections 1532 and
[Release Point 118-70]
1533(a)(1) and (2) of this title shall be subject to judicial review only in accordance with this
section.
(2) Limited review of agency compliance or noncompliance
(A) Agency compliance or noncompliance with the provisions of sections 1532 and 1533(a)(1)
and (2) of this title shall be subject to judicial review only under section 706(1) of title 5, and only
as provided under subparagraph (B).
(B) If an agency fails to prepare the written statement (including the preparation of the
estimates, analyses, statements, or descriptions) under section 1532 of this title or the written plan
under section 1533(a)(1) and (2) of this title, a court may compel the agency to prepare such
written statement.
(3) Review of agency rules
In any judicial review under any other Federal law of an agency rule for which a written
statement or plan is required under sections 1532 and 1533(a)(1) and (2) of this title, the
inadequacy or failure to prepare such statement (including the inadequacy or failure to prepare any
estimate, analysis, statement or description) or written plan shall not be used as a basis for staying,
enjoining, invalidating or otherwise affecting such agency rule.
(4) Certain information as part of record
Any information generated under sections 1532 and 1533(a)(1) and (2) of this title that is part of
the rulemaking record for judicial review under the provisions of any other Federal law may be
considered as part of the record for judicial review conducted under such other provisions of
Federal law.
(5) Application of other Federal law
For any petition under paragraph (2) the provisions of such other Federal law shall control all
other matters, such as exhaustion of administrative remedies, the time for and manner of seeking
review and venue, except that if such other Federal law does not provide a limitation on the time
for filing a petition for judicial review that is less than 180 days, such limitation shall be 180 days
after a final rule is promulgated by the appropriate agency.
(6) Effective date
This subsection shall take effect on October 1, 1995, and shall apply only to any agency rule for
which a general notice of proposed rulemaking is promulgated on or after such date.
(b) Judicial review and rule of construction
Except as provided in subsection (a)—
(1) any estimate, analysis, statement, description or report prepared under this chapter, and any
compliance or noncompliance with the provisions of this chapter, and any determination
concerning the applicability of the provisions of this chapter shall not be subject to judicial review;
and
(2) no provision of this chapter shall be construed to create any right or benefit, substantive or
procedural, enforceable by any person in any administrative or judicial action.
(Pub. L. 104–4, title IV, §401, Mar. 22, 1995, 109 Stat. 70.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 104–4, Mar. 22,
1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this
Act to the Code, see Short Title note set out under section 1501 of this title and Tables.
[Release Point 118-70]
Annual audits and reports by Comptroller General.
1614.
Prohibition on provision of gifts or travel by registered lobbyists to Members of
Congress and to congressional employees.
1613.
Sense of Senate that lobbying expenses should remain nondeductible.
1612.
Exempt organizations.
1611.
Estimates based on tax reporting system.
1610.
Identification of clients and covered officials.
1609.
Severability.
1608.
Rules of construction.
1607.
Penalties.
1606.
Disclosure and enforcement.
1605.
Reports by registered lobbyists.
1604.
Registration of lobbyists.
1603.
Definitions.
1602.
Findings.
1601.
Sec. | §1571. Judicial review | 1995-10-01T00:00:00 | e67e4ce2e9ead174a98b8855b42ce9c9a7e37b58b1a2f3d9f58a7365b56689b3 |
US House of Representatives | 2, 26, §1601 | The Congress finds that—
(1) responsible representative Government requires public awareness of the efforts of paid
lobbyists to influence the public decisionmaking process in both the legislative and executive
branches of the Federal Government;
(2) existing lobbying disclosure statutes have been ineffective because of unclear statutory
language, weak administrative and enforcement provisions, and an absence of clear guidance as to
who is required to register and what they are required to disclose; and
(3) the effective public disclosure of the identity and extent of the efforts of paid lobbyists to
influence Federal officials in the conduct of Government actions will increase public confidence in
the integrity of Government.
(Pub. L. 104–65, §2, Dec. 19, 1995, 109 Stat. 691.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Pub. L. 104–65, §24, Dec. 19, 1995, 109 Stat. 705, provided that:
"(a) Except as otherwise provided in this section, this Act [see Short Title note below] and the amendments
made by this Act shall take effect on January 1, 1996.
"(b) The repeals and amendments made under sections 9, 10, 11, and 12 [amending section 4804 of Title
15, Commerce and Trade, section 219 of Title 18, Crimes and Criminal Procedure, sections 611, 613, 614,
616, 618, and 4002 of Title 22, Foreign Relations and Intercourse, section 1352 of Title 31, Money and
Finance, and section 1490p of Title 42, The Public Health and Welfare, repealing sections 261 to 270 of this
title and section 3537b of Title 42, and repealing provisions set out as a note under section 261 of this title]
shall take effect as provided under subsection (a), except that such repeals and amendments—
"(1) shall not affect any proceeding or suit commenced before the effective date under subsection (a),
and in all such proceedings or suits, proceedings shall be had, appeals taken, and judgments rendered in the
same manner and with the same effect as if this Act had not been enacted; and
"(2) shall not affect the requirements of Federal agencies to compile, publish, and retain information
filed or received before the effective date of such repeals and amendments."
SHORT TITLE OF 2019 AMENDMENT
Pub. L. 115–418, §1, Jan. 3, 2019, 132 Stat. 5440, provided that: "This Act [amending sections 1603 and
1604 of this title] may be cited as the 'Justice Against Corruption on K Street Act of 2018' or the 'JACK Act'."
SHORT TITLE OF 2007 AMENDMENT
[Release Point 118-70]
Pub. L. 110–81, §1(a), Sept. 14, 2007, 121 Stat. 735, provided that: "This Act [see Tables for classification]
may be cited as the 'Honest Leadership and Open Government Act of 2007'."
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–166, §1(a), Apr. 6, 1998, 112 Stat. 38, provided that: "This Act [amending sections 1602,
1604, and 1610 of this title and section 613 of Title 22, Foreign Relations and Intercourse] may be cited as the
'Lobbying Disclosure Technical Amendments Act of 1998'."
SHORT TITLE
Pub. L. 104–65, §1, Dec. 19, 1995, 109 Stat. 691, provided that: "This Act [enacting this chapter, amending
sections 3304 of Title 5, Government Organization and Employees, section 102 of Pub. L. 95–521, set out in
the Appendix to Title 5, section 4804 of Title 15, Commerce and Trade, sections 207 and 219 of Title 18,
Crimes and Criminal Procedure, section 2171 of Title 19, Customs Duties, sections 611, 613, 614, 616, 618,
621, and 4002 of Title 22, Foreign Relations and Intercourse, section 1352 of Title 31, Money and Finance,
and section 1490p of Title 42, The Public Health and Welfare, repealing sections 261 to 270 of this title and
section 3537b of Title 42, enacting provisions set out as notes under this section, section 3304 of Title 5,
section 102 of Pub. L. 95–521, set out in the Appendix to Title 5, and section 207 of Title 18, and repealing
provisions set out as a note under section 261 of this title] may be cited as the 'Lobbying Disclosure Act of
1995'."
CONSTRUCTION OF 2007 AMENDMENT
Pub. L. 110–81, title VII, §703, Sept. 14, 2007, 121 Stat. 776, provided that: "Nothing in this Act [see
Tables for classification] or the amendments made by this Act shall be construed to prohibit any expressive
conduct protected from legal prohibition by, or any activities protected by the free speech, free exercise, or
free association clauses of, the First Amendment to the Constitution." | §1601. Findings | 1996-01-01T00:00:00 | 8eae8a4be6a5a2d240e053daa9aa7102b659ed53cc49b89b27db71462dad028a |
US House of Representatives | 2, 26, §1602 | As used in this chapter:
(1) Agency
The term "agency" has the meaning given that term in section 551(1) of title 5.
(2) Client
The term "client" means any person or entity that employs or retains another person for
financial or other compensation to conduct lobbying activities on behalf of that person or entity. A
person or entity whose employees act as lobbyists on its own behalf is both a client and an
employer of such employees. In the case of a coalition or association that employs or retains other
persons to conduct lobbying activities, the client is the coalition or association and not its
individual members.
(3) Covered executive branch official
The term "covered executive branch official" means—
(A) the President;
(B) the Vice President;
(C) any officer or employee, or any other individual functioning in the capacity of such an
officer or employee, in the Executive Office of the President;
(D) any officer or employee serving in a position in level I, II, III, IV, or V of the Executive
Schedule, as designated by statute or Executive order;
(E) any member of the uniformed services whose pay grade is at or above O–7 under section
201 of title 37; and
(F) any officer or employee serving in a position of a confidential, policy-determining,
policy-making, or policy-advocating character described in section 7511(b)(2)(B) of title 5.
(4) Covered legislative branch official
The term "covered legislative branch official" means—
(A) a Member of Congress;
[Release Point 118-70]
(B) an elected officer of either House of Congress;
(C) any employee of, or any other individual functioning in the capacity of an employee of—
(i) a Member of Congress;
(ii) a committee of either House of Congress;
(iii) the leadership staff of the House of Representatives or the leadership staff of the
Senate;
(iv) a joint committee of Congress; and
(v) a working group or caucus organized to provide legislative services or other assistance
to Members of Congress; and
(D) any other legislative branch employee serving in a position described under section
13101(13) of title 5.
(5) Employee
The term "employee" means any individual who is an officer, employee, partner, director, or
proprietor of a person or entity, but does not include—
(A) independent contractors; or
(B) volunteers who receive no financial or other compensation from the person or entity for
their services.
(6) Foreign entity
The term "foreign entity" means a foreign principal (as defined in section 1(b) of the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611(b)).
(7) Lobbying activities
The term "lobbying activities" means lobbying contacts and efforts in support of such contacts,
including preparation and planning activities, research and other background work that is intended,
at the time it is performed, for use in contacts, and coordination with the lobbying activities of
others.
(8) Lobbying contact
(A) Definition
The term "lobbying contact" means any oral or written communication (including an
electronic communication) to a covered executive branch official or a covered legislative branch
official that is made on behalf of a client with regard to—
(i) the formulation, modification, or adoption of Federal legislation (including legislative
proposals);
(ii) the formulation, modification, or adoption of a Federal rule, regulation, Executive
order, or any other program, policy, or position of the United States Government;
(iii) the administration or execution of a Federal program or policy (including the
negotiation, award, or administration of a Federal contract, grant, loan, permit, or license); or
(iv) the nomination or confirmation of a person for a position subject to confirmation by
the Senate.
(B) Exceptions
The term "lobbying contact" does not include a communication that is—
(i) made by a public official acting in the public official's official capacity;
(ii) made by a representative of a media organization if the purpose of the communication
is gathering and disseminating news and information to the public;
(iii) made in a speech, article, publication or other material that is distributed and made
available to the public, or through radio, television, cable television, or other medium of mass
communication;
(iv) made on behalf of a government of a foreign country or a foreign political party and
disclosed under the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.);
(v) a request for a meeting, a request for the status of an action, or any other similar
[Release Point 118-70]
administrative request, if the request does not include an attempt to influence a covered
executive branch official or a covered legislative branch official;
(vi) made in the course of participation in an advisory committee subject to chapter 10 of
title 5;
(vii) testimony given before a committee, subcommittee, or task force of the Congress, or
submitted for inclusion in the public record of a hearing conducted by such committee,
subcommittee, or task force;
(viii) information provided in writing in response to an oral or written request by a covered
executive branch official or a covered legislative branch official for specific information;
(ix) required by subpoena, civil investigative demand, or otherwise compelled by statute,
regulation, or other action of the Congress or an agency, including any communication
compelled by a Federal contract, grant, loan, permit, or license;
(x) made in response to a notice in the Federal Register, Commerce Business Daily, or
other similar publication soliciting communications from the public and directed to the
agency official specifically designated in the notice to receive such communications;
(xi) not possible to report without disclosing information, the unauthorized disclosure of
which is prohibited by law;
(xii) made to an official in an agency with regard to—
(I) a judicial proceeding or a criminal or civil law enforcement inquiry, investigation, or
proceeding; or
(II) a filing or proceeding that the Government is specifically required by statute or
regulation to maintain or conduct on a confidential basis,
if that agency is charged with responsibility for such proceeding, inquiry, investigation, or
filing;
(xiii) made in compliance with written agency procedures regarding an adjudication
conducted by the agency under section 554 of title 5 or substantially similar provisions;
(xiv) a written comment filed in the course of a public proceeding or any other
communication that is made on the record in a public proceeding;
(xv) a petition for agency action made in writing and required to be a matter of public
record pursuant to established agency procedures;
(xvi) made on behalf of an individual with regard to that individual's benefits, employment,
or other personal matters involving only that individual, except that this clause does not apply
to any communication with—
(I) a covered executive branch official, or
(II) a covered legislative branch official (other than the individual's elected Members of
Congress or employees who work under such Members' direct supervision),
with respect to the formulation, modification, or adoption of private legislation for the relief of
that individual;
(xvii) a disclosure by an individual that is protected under the amendments made by the
Whistleblower Protection Act of 1989, under chapter 4 of title 5, or under another provision
of law;
(xviii) made by—
(I) a church, its integrated auxiliary, or a convention or association of churches that is
exempt from filing a Federal income tax return under paragraph 2(A)(i) of section 6033(a)
of title 26, or
(II) a religious order that is exempt from filing a Federal income tax return under
paragraph (2)(A)(iii) of such section 6033(a); and
(xix) between—
(I) officials of a self-regulatory organization (as defined in section 3(a)(26) of the
Securities Exchange Act [15 U.S.C. 78c(a)(26)]) that is registered with or established by
[Release Point 118-70]
the Securities and Exchange Commission as required by that Act [15 U.S.C. 78a et seq.] or
a similar organization that is designated by or registered with the Commodities Future
Trading Commission as provided under the Commodity Exchange Act [7 U.S.C. 1 et seq.];
and
(II) the Securities and Exchange Commission or the Commodities Future Trading
Commission, respectively;
relating to the regulatory responsibilities of such organization under that Act.
(9) Lobbying firm
The term "lobbying firm" means a person or entity that has 1 or more employees who are
lobbyists on behalf of a client other than that person or entity. The term also includes a
self-employed individual who is a lobbyist.
(10) Lobbyist
The term "lobbyist" means any individual who is employed or retained by a client for financial
or other compensation for services that include more than one lobbying contact, other than an
individual whose lobbying activities constitute less than 20 percent of the time engaged in the
services provided by such individual to that client over a 3-month period.
(11) Media organization
The term "media organization" means a person or entity engaged in disseminating information
to the general public through a newspaper, magazine, other publication, radio, television, cable
television, or other medium of mass communication.
(12) Member of Congress
The term "Member of Congress" means a Senator or a Representative in, or Delegate or
Resident Commissioner to, the Congress.
(13) Organization
The term "organization" means a person or entity other than an individual.
(14) Person or entity
The term "person or entity" means any individual, corporation, company, foundation,
association, labor organization, firm, partnership, society, joint stock company, group of
organizations, or State or local government.
(15) Public official
The term "public official" means any elected official, appointed official, or employee of—
(A) a Federal, State, or local unit of government in the United States other than—
(i) a college or university;
(ii) a government-sponsored enterprise (as defined in section 622(8) of this title);
(iii) a public utility that provides gas, electricity, water, or communications;
(iv) a guaranty agency (as defined in section 1085(j) of title 20), including any affiliate of
such an agency; or
(v) an agency of any State functioning as a student loan secondary market pursuant to
section 1085(d)(1)(F) of title 20;
(B) a Government corporation (as defined in section 9101 of title 31);
(C) an organization of State or local elected or appointed officials other than officials of an
entity described in clause (i), (ii), (iii), (iv), or (v) of subparagraph (A);
(D) an Indian tribe (as defined in section 5304(e) of title 25; 1
(E) a national or State political party or any organizational unit thereof; or
(F) a national, regional, or local unit of any foreign government, or a group of governments
acting together as an international organization.
[Release Point 118-70]
(16) State
The term "State" means each of the several States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
(Pub. L. 104–65, §3, Dec. 19, 1995, 109 Stat. 691; Pub. L. 105–166, §§2, 3, Apr. 6, 1998, 112 Stat.
38; Pub. L. 110–81, title II, §201(b)(1), Sept. 14, 2007, 121 Stat. 742; Pub. L. 117–286, §4(a)(2),
(b)(2), (c)(3), Dec. 27, 2022, 136 Stat. 4305, 4342, 4353.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act" meaning Pub. L. 104–65, Dec. 19, 1995, 109
Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code,
see Short Title note set out under section 1601 of this title and Tables.
Levels I, II, III, IV, and V of the Executive Schedule, referred to in par. (3)(D), are set out in sections 5312,
5313, 5314, 5315, and 5316, respectively, of Title 5, Government Organization and Employees.
The Foreign Agents Registration Act of 1938, referred to in par. (8)(B)(iv), is act June 8, 1938, ch. 327, 52
Stat. 631, which is classified generally to subchapter II (§611 et seq.) of chapter 11 of Title 22, Foreign
Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out
under section 611 of Title 22 and Tables.
The Whistleblower Protection Act of 1989, referred to in par. (8)(B)(xvii), is Pub. L. 101–12, Apr. 10,
1989, 103 Stat. 16, which enacted subchapters II [5 U.S.C. 1211 et seq.] and III [5 U.S.C. 1221 et seq.] of
chapter 12 and section 3352 of Title 5, Government Organization and Employees, amended sections 1201 to
1206, 1209, 1211, 2302, 2303, 3393, 7502, 7512, 7521, 7542, 7701, and 7703 of Title 5 and section 4139 of
Title 22, Foreign Relations and Intercourse, repealed sections 1207 and 1208 of Title 5, and enacted
provisions set out as notes under sections 1201, 1211, and 5509 of Title 5. For complete classification of this
Act to the Code, see Short Title of 1989 Amendment note set out under section 1201 of Title 5 and Tables.
The Securities Exchange Act, referred to in par. (8)(B)(xix), probably means the Securities Exchange Act of
1934, act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§78a et seq.) of
Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15
and Tables.
The Commodity Exchange Act, referred to in par. (8)(B)(xix), is act Sept. 21, 1922, ch. 369, 42 Stat. 998,
which is classified generally to chapter 1 (§1 et seq.) of Title 7, Agriculture. For complete classification of this
Act to the Code, see section 1 of Title 7 and Tables.
AMENDMENTS
2022—Par. (4)(D). Pub. L. 117–286, §4(c)(3), substituted "section 13101(13) of title 5." for "section
109(13) of the Ethics in Government Act of 1978 (5 U.S.C. App.)."
Par. (8)(B)(vi). Pub. L. 117–286, §4(a)(2), substituted "chapter 10 of title 5;" for "the Federal Advisory
Committee Act;".
Par. (8)(B)(xvii). Pub. L. 117–286, §4(b)(2), substituted "chapter 4 of title 5," for "the Inspector General
Act of 1978,".
2007—Par. (10). Pub. L. 110–81 substituted "3-month period" for "six month period".
1998—Par. (3)(F). Pub. L. 105–166, §2, substituted "7511(b)(2)(B)" for "7511(b)(2)".
Par. (8)(B)(ix). Pub. L. 105–166, §3(a), inserted before semicolon at end ", including any communication
compelled by a Federal contract, grant, loan, permit, or license".
Par. (15)(F). Pub. L. 105–166, §3(b), inserted before period at end ", or a group of governments acting
together as an international organization".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2007 AMENDMENT
Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under
the Lobbying Disclosure Act of 1995 (this chapter) having an effective date of Jan. 1, 2008, or later and with
respect to quarterly reports under that Act covering calendar quarters beginning on or after Jan. 1, 2008, see
section 215 of Pub. L. 110–81, set out as a note under section 30104 of Title 52, Voting and Elections.
[Release Point 118-70]
EFFECTIVE DATE
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this
title.
So in original. A closing parenthesis probably should precede the semicolon.
1 | §1602. Definitions | 1934-06-06T00:00:00 | d6579bc185427387d5938aea0db2adfc41d3721d837c111b319b3411888d65fc |
US House of Representatives | 2, 26, §1603 | (a) Registration
(1) General rule
No later than 45 days after a lobbyist first makes a lobbying contact or is employed or retained
to make a lobbying contact, whichever is earlier, or on the first business day after such 45th day if
the 45th day is not a business day, such lobbyist (or, as provided under paragraph (2), the
organization employing such lobbyist), shall register with the Secretary of the Senate and the
Clerk of the House of Representatives.
(2) Employer filing
Any organization that has 1 or more employees who are lobbyists shall file a single registration
under this section on behalf of such employees for each client on whose behalf the employees act
as lobbyists.
(3) Exemption
(A) General rule
Notwithstanding paragraphs (1) and (2), a person or entity whose—
(i) total income for matters related to lobbying activities on behalf of a particular client (in
the case of a lobbying firm) does not exceed and is not expected to exceed $2,500; or
(ii) total expenses in connection with lobbying activities (in the case of an organization
whose employees engage in lobbying activities on its own behalf) do not exceed or are not
expected to exceed $10,000,
(as estimated under section 1604 of this title) in the quarterly period described in section
1604(a) of this title during which the registration would be made is not required to register
under this subsection with respect to such client.
(B) Adjustment
The dollar amounts in subparagraph (A) shall be adjusted—
(i) on January 1, 1997, to reflect changes in the Consumer Price Index (as determined by
the Secretary of Labor) since December 19, 1995; and
(ii) on January 1 of each fourth year occurring after January 1, 1997, to reflect changes in
the Consumer Price Index (as determined by the Secretary of Labor) during the preceding
4-year period,
rounded to the nearest $500.
(b) Contents of registration
Each registration under this section shall contain—
(1) the name, address, business telephone number, and principal place of business of the
registrant, and a general description of its business or activities;
(2) the name, address, and principal place of business of the registrant's client, and a general
description of its business or activities (if different from paragraph (1));
(3) the name, address, and principal place of business of any organization, other than the client,
that—
(A) contributes more than $5,000 to the registrant or the client in the quarterly period to fund
[Release Point 118-70]
the lobbying activities of the registrant; and
(B) actively participates in the planning, supervision, or control of such lobbying activities;
(4) the name, address, principal place of business, amount of any contribution of more than
$5,000 to the lobbying activities of the registrant, and approximate percentage of equitable
ownership in the client (if any) of any foreign entity that—
(A) holds at least 20 percent equitable ownership in the client or any organization identified
under paragraph (3);
(B) directly or indirectly, in whole or in major part, plans, supervises, controls, directs,
finances, or subsidizes the activities of the client or any organization identified under paragraph
(3); or
(C) is an affiliate of the client or any organization identified under paragraph (3) and has a
direct interest in the outcome of the lobbying activity;
(5) a statement of—
(A) the general issue areas in which the registrant expects to engage in lobbying activities on
behalf of the client; and
(B) to the extent practicable, specific issues that have (as of the date of the registration)
already been addressed or are likely to be addressed in lobbying activities;
(6) the name of each employee of the registrant who has acted or whom the registrant expects to
act as a lobbyist on behalf of the client and, if any such employee has served as a covered
executive branch official or a covered legislative branch official in the 20 years before the date on
which the employee first acted as a lobbyist on behalf of the client, the position in which such
employee served; and
(7) for any listed lobbyist who was convicted in a Federal or State court of an offense involving
bribery, extortion, embezzlement, an illegal kickback, tax evasion, fraud, a conflict of interest,
making a false statement, perjury, or money laundering, the date of the conviction and a
description of the offense.
No disclosure is required under paragraph (3)(B) if the organization that would be identified as
affiliated with the client is listed on the client's publicly accessible Internet website as being a
member of or contributor to the client, unless the organization in whole or in major part plans,
supervises, or controls such lobbying activities. If a registrant relies upon the preceding sentence, the
registrant must disclose the specific Internet address of the web page containing the information
relied upon. Nothing in paragraph (3)(B) shall be construed to require the disclosure of any
information about individuals who are members of, or donors to, an entity treated as a client by this
chapter or an organization identified under that paragraph.
(c) Guidelines for registration
(1) Multiple clients
In the case of a registrant making lobbying contacts on behalf of more than 1 client, a separate
registration under this section shall be filed for each such client.
(2) Multiple contacts
A registrant who makes more than 1 lobbying contact for the same client shall file a single
registration covering all such lobbying contacts.
(d) Termination of registration
A registrant who after registration—
(1) is no longer employed or retained by a client to conduct lobbying activities, and
(2) does not anticipate any additional lobbying activities for such client,
may so notify the Secretary of the Senate and the Clerk of the House of Representatives and
[Release Point 118-70]
terminate its registration.
(Pub. L. 104–65, §4, Dec. 19, 1995, 109 Stat. 696; Pub. L. 110–81, title II, §§201(b)(2), (5),
207(a)(1), (b), 208, Sept. 14, 2007, 121 Stat. 742, 747, 748; Pub. L. 115–418, §2(a), Jan. 3, 2019,
132 Stat. 5440.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the original "this Act" meaning Pub. L. 104–65, Dec. 19,
1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to
the Code, see Short Title note set out under section 1601 of this title and Tables.
AMENDMENTS
2019—Subsec. (b)(7). Pub. L. 115–418 added par. (7).
2007—Subsec. (a)(1). Pub. L. 110–81, §201(b)(2)(A), inserted "or on the first business day after such 45th
day if the 45th day is not a business day," after "earlier,".
Subsec. (a)(3)(A). Pub. L. 110–81, §201(b)(2)(B), substituted "quarterly period" for "semiannual period" in
concluding provisions.
Subsec. (a)(3)(A)(i). Pub. L. 110–81, §201(b)(5)(A), substituted "$2,500" for "$5,000".
Subsec. (a)(3)(A)(ii). Pub. L. 110–81, §201(b)(5)(B), substituted "$10,000" for "$20,000".
Subsec. (b). Pub. L. 110–81, §207(b), inserted concluding provisions.
Subsec. (b)(3)(A). Pub. L. 110–81, §207(a)(1)(A), amended subpar. (A) generally. Prior to amendment,
subpar. (A) read as follows: "contributes more than $5,000 toward the lobbying activities of the registrant in a
semiannual period described in section 1604(a) of this title; and".
Pub. L. 110–81, §201(b)(5)(C), substituted "$5,000" for "$10,000".
Subsec. (b)(3)(B). Pub. L. 110–81, §207(a)(1)(B), amended subpar. (B) generally. Prior to amendment,
subpar. (B) read as follows: "in whole or in major part plans, supervises, or controls such lobbying activities."
Subsec. (b)(4). Pub. L. 110–81, §201(b)(5)(D), substituted "$5,000" for "$10,000" in introductory
provisions.
Subsec. (b)(6). Pub. L. 110–81, §208, substituted "in the 20 years before the date on which the employee
first acted" for "in the 2 years before the date on which such employee first acted (after December 19, 1995)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2007 AMENDMENT
Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under
the Lobbying Disclosure Act of 1995 (this chapter) having an effective date of Jan. 1, 2008, or later and with
respect to quarterly reports under that Act covering calendar quarters beginning on or after Jan. 1, 2008, see
section 215 of Pub. L. 110–81, set out as a note under section 30104 of Title 52, Voting and Elections.
EFFECTIVE DATE
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this
title. | §1603. Registration of lobbyists | 1995-12-19T00:00:00 | 18b5d9f7ae0a2eb8f9bb58e34d5887788c5748902bf518c4cc2833461bded9ef |
US House of Representatives | 2, 26, §1604 | (a) Quarterly report
No later than 20 days after the end of the quarterly period beginning on the first day of January,
April, July, and October of each year in which a registrant is registered under section 1603 of this
title, or on the first business day after such 20th day if the 20th day is not a business day, each
registrant shall file a report with the Secretary of the Senate and the Clerk of the House of
Representatives on its lobbying activities during such quarterly period. A separate report shall be
filed for each client of the registrant.
(b) Contents of report
[Release Point 118-70]
Each quarterly report filed under subsection (a) shall contain—
(1) the name of the registrant, the name of the client, and any changes or updates to the
information provided in the initial registration, including information under section 1603(b)(3) of
this title;
(2) for each general issue area in which the registrant engaged in lobbying activities on behalf of
the client during the quarterly period—
(A) a list of the specific issues upon which a lobbyist employed by the registrant engaged in
lobbying activities, including, to the maximum extent practicable, a list of bill numbers and
references to specific executive branch actions;
(B) a statement of the Houses of Congress and the Federal agencies contacted by lobbyists
employed by the registrant on behalf of the client;
(C) a list of the employees of the registrant who acted as lobbyists on behalf of the client; and
(D) a description of the interest, if any, of any foreign entity identified under section
1603(b)(4) of this title in the specific issues listed under subparagraph (A);
(3) in the case of a lobbying firm, a good faith estimate of the total amount of all income from
the client (including any payments to the registrant by any other person for lobbying activities on
behalf of the client) during the quarterly period, other than income for matters that are unrelated to
lobbying activities;
(4) in the case of a registrant engaged in lobbying activities on its own behalf, a good faith
estimate of the total expenses that the registrant and its employees incurred in connection with
lobbying activities during the quarterly period;
(5) for each client, immediately after listing the client, an identification of whether the client is a
State or local government or a department, agency, special purpose district, or other
instrumentality controlled by one or more State or local governments; and
(6) for any listed lobbyist who was convicted in a Federal or State court of an offense involving
bribery, extortion, embezzlement, an illegal kickback, tax evasion, fraud, a conflict of interest,
making a false statement, perjury, or money laundering, the date of the conviction and a
description of the offense.
(c) Estimates of income or expenses
For purposes of this section, estimates of income or expenses shall be made as follows:
(1) Estimates of amounts in excess of $5,000 shall be rounded to the nearest $10,000.
(2) In the event income or expenses do not exceed $5,000, the registrant shall include a
statement that income or expenses totaled less than $5,000 for the reporting period.
(d) Semiannual reports on certain contributions
(1) In general
Not later than 30 days after the end of the semiannual period beginning on the first day of
January and July of each year, or on the first business day after such 30th day if the 30th day is not
a business day, each person or organization who is registered or is required to register under
paragraph (1) or (2) of section 1603(a) of this title, and each employee who is or is required to be
listed as a lobbyist under section 1603(b)(6) of this title or subsection (b)(2)(C) of this section,
shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives
containing—
(A) the name of the person or organization;
(B) in the case of an employee, his or her employer;
(C) the names of all political committees established or controlled by the person or
organization;
(D) the name of each Federal candidate or officeholder, leadership PAC, or political party
committee, to whom aggregate contributions equal to or exceeding $200 were made by the
person or organization, or a political committee established or controlled by the person or
organization within the semiannual period, and the date and amount of each such contribution
made within the semiannual period;
[Release Point 118-70]
(E) the date, recipient, and amount of funds contributed or disbursed during the semiannual
period by the person or organization or a political committee established or controlled by the
person or organization—
(i) to pay the cost of an event to honor or recognize a covered legislative branch official or
covered executive branch official;
(ii) to an entity that is named for a covered legislative branch official, or to a person or
entity in recognition of such official;
(iii) to an entity established, financed, maintained, or controlled by a covered legislative
branch official or covered executive branch official, or an entity designated by such official;
or
(iv) to pay the costs of a meeting, retreat, conference, or other similar event held by, or in
the name of, 1 or more covered legislative branch officials or covered executive branch
officials,
except that this subparagraph shall not apply if the funds are provided to a person who is
required to report the receipt of the funds under section 30104 of title 52;
(F) the name of each Presidential library foundation, and each Presidential inaugural
committee, to whom contributions equal to or exceeding $200 were made by the person or
organization, or a political committee established or controlled by the person or organization,
within the semiannual period, and the date and amount of each such contribution within the
semiannual period; and
(G) a certification by the person or organization filing the report that the person or
organization—
(i) has read and is familiar with those provisions of the Standing Rules of the Senate and
the Rules of the House of Representatives relating to the provision of gifts and travel; and
(ii) has not provided, requested, or directed a gift, including travel, to a Member of
Congress or an officer or employee of either House of Congress with knowledge that receipt
of the gift would violate rule XXXV of the Standing Rules of the Senate or rule XXV of the
Rules of the House of Representatives.
(2) Definition
In this subsection, the term "leadership PAC" has the meaning given such term in section
30104(i)(8)(B) of title 52.
(e) Electronic filing required
A report required to be filed under this section shall be filed in electronic form, in addition to any
other form that the Secretary of the Senate or the Clerk of the House of Representatives may require
or allow. The Secretary of the Senate and the Clerk of the House of Representatives shall use the
same electronic software for receipt and recording of filings under this chapter.
(Pub. L. 104–65, §5, Dec. 19, 1995, 109 Stat. 697; Pub. L. 105–166, §4(c), Apr. 6, 1998, 112 Stat.
39; Pub. L. 110–81, title II, §§201(a), (b)(6), 202, 203(a), 205, 207(a)(2), Sept. 14, 2007, 121 Stat.
741, 742, 746, 747; Pub. L. 115–418, §2(b), Jan. 3, 2019, 132 Stat. 5440.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsec. (e), was in the original "this Act" meaning Pub. L. 104–65, Dec. 19,
1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to
the Code, see Short Title note set out under section 1601 of this title and Tables.
AMENDMENTS
2019—Subsec. (b)(6). Pub. L. 115–418 added par. (6).
2007—Subsec. (a). Pub. L. 110–81, §201(a)(1), substituted, in heading, "Quarterly" for "Semiannual" and,
in text, "20 days after the end of the quarterly period beginning on the first day of January, April, July, and
[Release Point 118-70]
October of each year in which a registrant is registered under section 1603 of this title, or on the first business
day after such 20th day if the 20th day is not a business day," for "45 days after the end of the semiannual
period beginning on the first day of each January and the first day of July of each year in which a registrant is
registered under section 1603 of this title," and "such quarterly period" for "such semiannual period".
Subsec. (b). Pub. L. 110–81, §201(a)(2)(A), substituted "quarterly report" for "semiannual report" in
introductory provisions.
Subsec. (b)(1). Pub. L. 110–81, §207(a)(2), inserted ", including information under section 1603(b)(3) of
this title" before semicolon.
Subsec. (b)(2). Pub. L. 110–81, §201(a)(2)(B), substituted "quarterly period" for "semiannual filing period"
in introductory provisions.
Subsec. (b)(3). Pub. L. 110–81, §201(a)(2)(C), substituted "quarterly period" for "semiannual period".
Subsec. (b)(4). Pub. L. 110–81, §201(a)(2)(D), substituted "quarterly period" for "semiannual filing period".
Subsec. (b)(5). Pub. L. 110–81, §202, added par. (5).
Subsec. (c)(1). Pub. L. 110–81, §201(b)(6)(A), substituted "$5,000" for "$10,000" and "$10,000" for
"$20,000".
Subsec. (c)(2). Pub. L. 110–81, §201(b)(6)(B), substituted "$5,000" for "$10,000" in two places.
Subsec. (d). Pub. L. 110–81, §203(a), added subsec. (d).
Subsec. (e). Pub. L. 110–81, §205, added subsec. (e).
1998—Subsec. (c)(3). Pub. L. 105–166 struck out par. (3) which read as follows: "A registrant that reports
lobbying expenditures pursuant to section 6033(b)(8) of title 26 may satisfy the requirement to report income
or expenses by filing with the Secretary of the Senate and the Clerk of the House of Representatives a copy of
the form filed in accordance with section 6033(b)(8)."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2007 AMENDMENT
Pub. L. 110–81, title II, §203(b), Sept. 14, 2007, 121 Stat. 744, provided that: "The amendment made by
subsection (a) [amending this section] shall apply with respect to the first semiannual period described in
section 5(d)(1) of the Lobbying Disclosure Act of 1995 [2 U.S.C. 1604(d)(1)] (as added by this section) that
begins after the date of the enactment of this Act [Sept. 14, 2007] and each succeeding semiannual period."
Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under
the Lobbying Disclosure Act of 1995 (this chapter) having an effective date of Jan. 1, 2008, or later and with
respect to quarterly reports under that Act covering calendar quarters beginning on or after Jan. 1, 2008, see
section 215 of Pub. L. 110–81, set out as a note under section 30104 of Title 52, Voting and Elections.
EFFECTIVE DATE
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this
title. | §1604. Reports by registered lobbyists | 2024-07-12T00:00:00 | 4f639b111cfa72eff4d3201d1ae6d69a7149cd7f6e1442f015da162001d807e7 |
US House of Representatives | 2, 26, §1605 | (a) In general
The Secretary of the Senate and the Clerk of the House of Representatives shall—
(1) provide guidance and assistance on the registration and reporting requirements of this
chapter and develop common standards, rules, and procedures for compliance with this chapter;
(2) review, and, where necessary, verify and inquire to ensure the accuracy, completeness, and
timeliness of registration and reports;
(3) develop filing, coding, and cross-indexing systems to carry out the purpose of this chapter,
including—
(A) a publicly available list of all registered lobbyists, lobbying firms, and their clients; and
(B) computerized systems designed to minimize the burden of filing and maximize public
access to materials filed under this chapter;
(4) make available for public inspection and copying at reasonable times the registrations and
reports filed under this chapter and, in the case of a report filed in electronic form under section
[Release Point 118-70]
1604(e) of this title, make such report available for public inspection over the Internet as soon as
technically practicable after the report is so filed;
(5) retain registrations for a period of at least 6 years after they are terminated and reports for a
period of at least 6 years after they are filed;
(6) compile and summarize, with respect to each quarterly period, the information contained in
registrations and reports filed with respect to such period in a clear and complete manner;
(7) notify any lobbyist or lobbying firm in writing that may be in noncompliance with this
chapter;
(8) notify the United States Attorney for the District of Columbia that a lobbyist or lobbying
firm may be in noncompliance with this chapter, if the registrant has been notified in writing and
has failed to provide an appropriate response within 60 days after notice was given under
paragraph (7);
(9) maintain all registrations and reports filed under this chapter, and make them available to the
public over the Internet, without a fee or other access charge, in a searchable, sortable, and
downloadable manner, to the extent technically practicable, that—
(A) includes the information contained in the registrations and reports;
(B) is searchable and sortable to the maximum extent practicable, including searchable and
sortable by each of the categories of information described in section 1603(b) or 1604(b) of this
title; and
(C) provides electronic links or other appropriate mechanisms to allow users to obtain
relevant information in the database of the Federal Election Commission;
(10) retain the information contained in a registration or report filed under this chapter for a
period of 6 years after the registration or report (as the case may be) is filed; and
(11) make publicly available, on a semiannual basis, the aggregate number of registrants
referred to the United States Attorney for the District of Columbia for noncompliance as required
by paragraph (8).
(b) Enforcement report
(1) Report
The Attorney General shall report to the congressional committees referred to in paragraph (2),
after the end of each semiannual period beginning on January 1 and July 1, the aggregate number
of enforcement actions taken by the Department of Justice under this chapter during that
semiannual period and, by case, any sentences imposed, except that such report shall not include
the names of individuals, or personally identifiable information, that is not already a matter of
public record.
(2) Committees
The congressional committees referred to in paragraph (1) are the Committee on Homeland
Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives.
(Pub. L. 104–65, §6, Dec. 19, 1995, 109 Stat. 698; Pub. L. 110–81, title II, §§201(b)(3), 209(a), (b),
210, Sept. 14, 2007, 121 Stat. 742, 748.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act" meaning Pub. L. 104–65, Dec. 19, 1995, 109
Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code,
see Short Title note set out under section 1601 of this title and Tables.
AMENDMENTS
2007—Pub. L. 110–81, §210, designated existing provisions as subsec. (a), inserted heading, and added par.
(11) and subsec. (b).
[Release Point 118-70]
Par. (4). Pub. L. 110–81, §209(b), inserted before semicolon at end "and, in the case of a report filed in
electronic form under section 1604(e) of this title, make such report available for public inspection over the
Internet as soon as technically practicable after the report is so filed".
Par. (6). Pub. L. 110–81, §201(b)(3), substituted "quarterly period" for "semiannual period".
Pars. (9), (10). Pub. L. 110–81, §209(a), added pars. (9) and (10).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2007 AMENDMENT
Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under
the Lobbying Disclosure Act of 1995 (this chapter) having an effective date of Jan. 1, 2008, or later and with
respect to quarterly reports under that Act covering calendar quarters beginning on or after Jan. 1, 2008, see
section 215 of Pub. L. 110–81, set out as a note under section 30104 of Title 52, Voting and Elections.
EFFECTIVE DATE
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this
title. | §1605. Disclosure and enforcement | 2024-07-12T00:00:00 | 543f03aa5fe3e0a2424ad3e09f75110e1c9080fcff8f02c298f62d6d5dfd58f7 |
US House of Representatives | 2, 26, §1606 | (a) Civil penalty
Whoever knowingly fails to—
(1) remedy a defective filing within 60 days after notice of such a defect by the Secretary of the
Senate or the Clerk of the House of Representatives; or
(2) comply with any other provision of this chapter;
shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a
civil fine of not more than $200,000, depending on the extent and gravity of the violation.
(b) Criminal penalty
Whoever knowingly and corruptly fails to comply with any provision of this chapter shall be
imprisoned for not more than 5 years or fined under title 18, or both.
(Pub. L. 104–65, §7, Dec. 19, 1995, 109 Stat. 699; Pub. L. 110–81, title II, §211(a), Sept. 14, 2007,
121 Stat. 749.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act" meaning Pub. L. 104–65, Dec. 19, 1995, 109
Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code,
see Short Title note set out under section 1601 of this title and Tables.
AMENDMENTS
2007—Pub. L. 110–81 designated existing provisions as subsec. (a), inserted heading, substituted
"$200,000" for "$50,000" in concluding provisions, and added subsec. (b).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2007 AMENDMENT
Pub. L. 110–81, title II, §211(b), Sept. 14, 2007, 121 Stat. 749, provided that: "The amendments made by
subsection (a) [amending this section] shall apply to any violation committed on or after the date of the
enactment of this Act [Sept. 14, 2007]."
EFFECTIVE DATE
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this
[Release Point 118-70]
title. | §1606. Penalties | 2024-07-12T00:00:00 | 86e1571544816c369aed1fb9916f4b8d2b079b96c37c4fab938cd2d12aaf9bf2 |
US House of Representatives | 2, 26, §1607 | (a) Constitutional rights
Nothing in this chapter shall be construed to prohibit or interfere with—
(1) the right to petition the Government for the redress of grievances;
(2) the right to express a personal opinion; or
(3) the right of association,
protected by the first amendment to the Constitution.
(b) Prohibition of activities
Nothing in this chapter shall be construed to prohibit, or to authorize any court to prohibit,
lobbying activities or lobbying contacts by any person or entity, regardless of whether such person or
entity is in compliance with the requirements of this chapter.
(c) Audit and investigations
Nothing in this chapter shall be construed to grant general audit or investigative authority to the
Secretary of the Senate or the Clerk of the House of Representatives.
(Pub. L. 104–65, §8, Dec. 19, 1995, 109 Stat. 699.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act" meaning Pub. L. 104–65, Dec. 19, 1995, 109
Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code,
see Short Title note set out under section 1601 of this title and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this
title. | §1607. Rules of construction | 2024-07-12T00:00:00 | 0828c046f3ee4bf86b43bdaf4a8e07526b688034778420eedf121b1dfed84046 |
US House of Representatives | 2, 26, §1608 | If any provision of this chapter, or the application thereof, is held invalid, the validity of the
remainder of this chapter and the application of such provision to other persons and circumstances
shall not be affected thereby.
(Pub. L. 104–65, §13, Dec. 19, 1995, 109 Stat. 701.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act" meaning Pub. L. 104–65, Dec. 19, 1995, 109
Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code,
see Short Title note set out under section 1601 of this title and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
[Release Point 118-70]
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this
title. | §1608. Severability | 2024-07-12T00:00:00 | 4afe70cab8fd5f17868f4f83f4980646849f234502c372a0c6110c2d6764fb42 |
US House of Representatives | 2, 26, §1609 | (a) Oral lobbying contacts
Any person or entity that makes an oral lobbying contact with a covered legislative branch official
or a covered executive branch official shall, on the request of the official at the time of the lobbying
contact—
(1) state whether the person or entity is registered under this chapter and identify the client on
whose behalf the lobbying contact is made; and
(2) state whether such client is a foreign entity and identify any foreign entity required to be
disclosed under section 1603(b)(4) of this title that has a direct interest in the outcome of the
lobbying activity.
(b) Written lobbying contacts
Any person or entity registered under this chapter that makes a written lobbying contact (including
an electronic communication) with a covered legislative branch official or a covered executive
branch official shall—
(1) if the client on whose behalf the lobbying contact was made is a foreign entity, identify such
client, state that the client is considered a foreign entity under this chapter, and state whether the
person making the lobbying contact is registered on behalf of that client under section 1603 of this
title; and
(2) identify any other foreign entity identified pursuant to section 1603(b)(4) of this title that has
a direct interest in the outcome of the lobbying activity.
(c) Identification as covered official
Upon request by a person or entity making a lobbying contact, the individual who is contacted or
the office employing that individual shall indicate whether or not the individual is a covered
legislative branch official or a covered executive branch official.
(Pub. L. 104–65, §14, Dec. 19, 1995, 109 Stat. 702.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1) and (b), was in the original "this Act" meaning Pub. L. 104–65,
Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of
this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this
title. | §1609. Identification of clients and covered officials | 2024-07-12T00:00:00 | b499e6e03937c98ae3b85a838461e0dc0e7e99325eae890b4a42685cf1b46098 |
US House of Representatives | 2, 26, §1610 | (a) Entities covered by section 6033(b) of title 26
A person, other than a lobbying firm, that is required to report and does report lobbying
expenditures pursuant to section 6033(b)(8) of title 26 may—
(1) make a good faith estimate (by category of dollar value) of applicable amounts that would
be required to be disclosed under such section for the appropriate quarterly period to meet the
[Release Point 118-70]
requirements of sections 1603(a)(3) and 1604(b)(4) of this title; and
(2) for all other purposes consider as lobbying contacts and lobbying activities only—
(A) lobbying contacts with covered legislative branch officials (as defined in section 1602(4)
of this title) and lobbying activities in support of such contacts; and
(B) lobbying of Federal executive branch officials to the extent that such activities are
influencing legislation as defined in section 4911(d) of title 26.
(b) Entities covered by section 162(e) of title 26
A person, other than a lobbying firm, who is required to account and does account for lobbying
expenditures pursuant to section 162(e) of title 26 may—
(1) make a good faith estimate (by category of dollar value) of applicable amounts that would
not be deductible pursuant to such section for the appropriate quarterly period to meet the
requirements of sections 1603(a)(3) and 1604(b)(4) of this title; and
(2) for all other purposes consider as lobbying contacts and lobbying activities only—
(A) lobbying contacts with covered legislative branch officials (as defined in section 1602(4)
of this title) and lobbying activities in support of such contacts; and
(B) lobbying of Federal executive branch officials to the extent that amounts paid or costs
incurred in connection with such activities are not deductible pursuant to section 162(e) of title
26.
(c) Disclosure of estimate
Any registrant that elects to make estimates required by this chapter under the procedures
authorized by subsection (a) or (b) for reporting or threshold purposes shall—
(1) inform the Secretary of the Senate and the Clerk of the House of Representatives that the
registrant has elected to make its estimates under such procedures; and
(2) make all such estimates, in a given calendar year, under such procedures.
(d) Study
Not later than March 31, 1997, the Comptroller General of the United States shall review reporting
by registrants under subsections (a) and (b) and report to the Congress—
(1) the differences between the definition of "lobbying activities" in section 1602(7) of this title
and the definitions of "lobbying expenditures", "influencing legislation", and related terms in
sections 162(e) and 4911 of title 26, as each are implemented by regulations;
(2) the impact that any such differences may have on filing and reporting under this chapter
pursuant to this subsection; and
(3) any changes to this chapter or to the appropriate sections of title 26 that the Comptroller
General may recommend to harmonize the definitions.
(Pub. L. 104–65, §15, Dec. 19, 1995, 109 Stat. 702; Pub. L. 105–166, §4(a), (b), Apr. 6, 1998, 112
Stat. 38; Pub. L. 110–81, title II, §201(b)(4), Sept. 14, 2007, 121 Stat. 742.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsecs. (c) and (d)(2), (3), was in the original "this Act" meaning Pub. L.
104–65, Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete
classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
AMENDMENTS
2007—Subsecs. (a)(1), (b)(1). Pub. L. 110–81 substituted "quarterly period" for "semiannual period".
1998—Subsec. (a). Pub. L. 105–166, §4(a)(1), in introductory provisions, substituted "A person, other than
a lobbying firm," for "A registrant".
Subsec. (a)(2). Pub. L. 105–166, §4(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as
follows: "in lieu of using the definition of 'lobbying activities' in section 1602(7) of this title, consider as
lobbying activities only those activities that are influencing legislation as defined in section 4911(d) of title
26."
[Release Point 118-70]
Subsec. (b). Pub. L. 105–166, §4(b)(1), in introductory provisions, substituted "A person, other than a
lobbying firm, who is required to account and does account for lobbying expenditures pursuant to" for "A
registrant that is subject to".
Subsec. (b)(2). Pub. L. 105–166, §4(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as
follows: "in lieu of using the definition of 'lobbying activities' in section 1602(7) of this title, consider as
lobbying activities only those activities, the costs of which are not deductible pursuant to section 162(e) of
title 26."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2007 AMENDMENT
Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under
the Lobbying Disclosure Act of 1995 (this chapter) having an effective date of Jan. 1, 2008, or later and with
respect to quarterly reports under that Act covering calendar quarters beginning on or after Jan. 1, 2008, see
section 215 of Pub. L. 110–81, set out as a note under section 30104 of Title 52, Voting and Elections.
EFFECTIVE DATE
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this
title. | §1610. Estimates based on tax reporting system | 1997-03-31T00:00:00 | a27c7fbfb6c5580290a327e370c3fb27e2db7d654b121763d3add5698bd528bb |
US House of Representatives | 2, 26, §1611 | An organization described in section 501(c)(4) of title 26 which engages in lobbying activities
shall not be eligible for the receipt of Federal funds constituting an award, grant, or loan.
(Pub. L. 104–65, §18, Dec. 19, 1995, 109 Stat. 703; Pub. L. 104–99, title I, §129(a), Jan. 26, 1996,
110 Stat. 34.)
EDITORIAL NOTES
AMENDMENTS
1996—Pub. L. 104–99 substituted "award, grant, or loan" for "award, grant, contract, loan, or any other
form".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–99, title I, §129(b), Jan. 26, 1996, 110 Stat. 34, provided that: "The amendment made by
subsection (a) [amending this section] shall take effect as if included in the Lobbying Disclosure Act of 1995
[Pub. L. 104–65] on the date of the enactment of such Act [Dec. 19, 1995]."
[For provision that notwithstanding section 106 of Pub. L. 104–99 [110 Stat. 27], section 129 of Pub. L.
104–99 [see above] to remain in effect as if enacted as part of Pub. L. 104–134, see section 21103 of Pub. L.
104–134, set out as a note following note captioned 501 First Street SE., District of Columbia; Disposal of
Real Property, under section 2001 of this title].
EFFECTIVE DATE
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this
title. | §1611. Exempt organizations | 2024-07-12T00:00:00 | 02265b1f9abbf41efaead931e87ba2ae5424b5fed8bd4c897c6a505ecbce7a7c |
US House of Representatives | 2, 26, §1612 | (a) Findings
The Senate finds that ordinary Americans generally are not allowed to deduct the costs of
communicating with their elected representatives.
[Release Point 118-70]
(b) Sense of Senate
It is the sense of the Senate that lobbying expenses should not be tax deductible.
(Pub. L. 104–65, §23, Dec. 19, 1995, 109 Stat. 705.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this
title. | §1612. Sense of Senate that lobbying expenses should remain nondeductible | 2024-07-12T00:00:00 | 9e8fc1802a4ffb43abdda8589bc1352bb11a8415c7c1419827a05b5a095f07cd |
US House of Representatives | 2, 26, §1613 | Members of Congress and to congressional employees
(a) Prohibition
Any person described in subsection (b) may not make a gift or provide travel to a covered
legislative branch official if the person has knowledge that the gift or travel may not be accepted by
that covered legislative branch official under the Rules of the House of Representatives or the
Standing Rules of the Senate (as the case may be).
(b) Persons subject to prohibition
The persons subject to the prohibition under subsection (a) are any lobbyist that is registered or is
required to register under section 1603(a)(1) of this title, any organization that employs 1 or more
lobbyists and is registered or is required to register under section 1603(a)(2) of this title, and any
employee listed or required to be listed as a lobbyist by a registrant under section 1603(b)(6) or
1604(b)(2)(C) of this title.
(Pub. L. 104–65, §25, as added Pub. L. 110–81, title II, §206(a), Sept. 14, 2007, 121 Stat. 747.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Pub. L. 110–81, title II, §206(b), Sept. 14, 2007, 121 Stat. 747, provided that: "The amendment made by
this section [enacting this section] shall take effect on the date of the enactment of this Act [Sept. 14, 2007]." | §1613. Prohibition on provision of gifts or travel by registered lobbyists to | 2024-07-12T00:00:00 | 033b40782f90d7c0a47d95991965942cae334ee977fb59ecba1020af8d38f27a |
US House of Representatives | 2, 26, §1614 | (a) Audit
On an annual basis, the Comptroller General shall audit the extent of compliance or
noncompliance with the requirements of this chapter by lobbyists, lobbying firms, and registrants
through a random sampling of publicly available lobbying registrations and reports filed under this
chapter during each calendar year.
(b) Reports to Congress
(1) Annual reports
Not later than April 1 of each year, the Comptroller General shall submit to the Congress a
report on the review required by subsection (a) for the preceding calendar year. The report shall
include the Comptroller General's assessment of the matters required to be emphasized by that
subsection and any recommendations of the Comptroller General to—
(A) improve the compliance by lobbyists, lobbying firms, and registrants with the
requirements of this chapter; and
(B) provide the Department of Justice with the resources and authorities needed for the
effective enforcement of this chapter.
[Release Point 118-70]
Definitions.
1741.
General powers of Board.
1725.
Responsibilities of Board.
1724.
Service of members; meetings.
1723.
Appointment of members.
1722.
Establishment.
1721.
Promoting accessibility and public awareness of sound recordings.
1712.
Establishment of program by Librarian of Congress.
1711.
National Recording Registry Collection of the Library of Congress.
1704.
Seal of the National Recording Registry.
1703.
Duties of Librarian of Congress.
1702.
National Recording Registry of the Library of Congress.
1701.
Sec.
(2) Assessment of compliance
The annual report under paragraph (1) shall include an assessment of compliance by registrants
with the requirements of section 1603(b)(3) of this title.
(c) Access to information
The Comptroller General may, in carrying out this section, request information from and access to
any relevant documents from any person registered under paragraph (1) or (2) of section 1603(a) of
this title and each employee who is listed as a lobbyist under section 1603(b)(6) of this title or
section 1604(b)(2)(C) of this title if the material requested relates to the purposes of this section. The
Comptroller General may request such person to submit in writing such information as the
Comptroller General may prescribe. The Comptroller General may notify the Congress in writing if a
person from whom information has been requested under this subsection refuses to comply with the
request within 45 days after the request is made.
(Pub. L. 104–65, §26, as added Pub. L. 110–81, title II, §213(a), Sept. 14, 2007, 121 Stat. 750.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (b)(1), was in the original "this Act" meaning Pub. L. 104–65,
Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of
this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Pub. L. 110–81, title II, §213(b), Sept. 14, 2007, 121 Stat. 750, provided that: "The initial audit under
subsection (a) of section 26 of the Lobbying Disclosure Act of 1995 [2 U.S.C. 1614(a)] (as added by
subsection (a) of this section) shall be made with respect to lobbying registrations and reports filed during the
first calendar quarter of 2008, and the initial report under subsection (b) of such section shall be filed, with
respect to those registrations and reports, not later than 6 months after the end of that calendar quarter." | §1614. Annual audits and reports by Comptroller General | 2024-07-12T00:00:00 | 44155e0997eb2e0550d028b21981b79cf740ca4404c09a07bb86a643c6a7ba90 |
US House of Representatives | 2, 27, §1701 | The Librarian of Congress shall establish the National Recording Registry for the purpose of
maintaining and preserving sound recordings that are culturally, historically, or aesthetically
significant.
(Pub. L. 106–474, title I, §101, Nov. 9, 2000, 114 Stat. 2085.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
SHORT TITLE
Pub. L. 106–474, §1, Nov. 9, 2000, 114 Stat. 2085, provided that: "This Act [enacting this chapter and
chapter 1524 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations] may be cited as
the 'National Recording Preservation Act of 2000'." | §1701. National Recording Registry of the Library of Congress | 2024-07-12T00:00:00 | c06bc0b14d405b7cacc985bf754976f6809be034cf8e199e2710617f3167877f |
US House of Representatives | 2, 27, §1702 | (a) Establishment of criteria and procedures
For purposes of carrying out this subchapter, the Librarian shall—
(1) establish criteria and procedures under which sound recordings may be included in the
National Recording Registry, except that no sound recording shall be eligible for inclusion in the
National Recording Registry until 10 years after the recording's creation;
(2) establish procedures under which the general public may make recommendations to the
National Recording Preservation Board established under subchapter III regarding the inclusion of
sound recordings in the National Recording Registry; and
(3) determine which sound recordings satisfy the criteria established under paragraph (1) and
select such recordings for inclusion in the National Recording Registry.
(b) Publication of sound recordings in the Registry
The Librarian shall publish in the Federal Register the name of each sound recording that is
selected for inclusion in the National Recording Registry. | §1702. Duties of Librarian of Congress | 2024-07-12T00:00:00 | da5a6e86a4ef2dde6a7a9276cf132ce9848b35071fc72d7e169f96eded9e29a5 |
US House of Representatives | 2, 27, §1703 | (a) In general
The Librarian shall provide a seal to indicate that a sound recording has been included in the
National Recording Registry and is the Registry version of that recording.
(b) Use of seal
The Librarian shall establish guidelines for approval of the use of the seal provided under
subsection (a), and shall include in the guidelines the following:
(1) The seal may only be used on recording copies of the Registry version of a sound recording.
(2) The seal may be used only after the Librarian has given approval to those persons seeking to
apply the seal in accordance with the guidelines.
(3) In the case of copyrighted mass distributed, broadcast, or published works, only the
copyright legal owner or an authorized licensee of that copyright owner may place or authorize the
placement of the seal on any recording copy of the Registry version of any sound recording that is
[Release Point 118-70]
maintained in the National Recording Registry Collection in the Library of Congress.
(4) Anyone authorized to place the seal on any recording copy of any Registry version of a
sound recording may accompany such seal with the following language: "This sound recording is
selected for inclusion in the National Recording Registry by the Librarian of Congress in
consultation with the National Recording Preservation Board of the Library of Congress because
of its cultural, historical, or aesthetic significance.".
(c) Effective date of the seal
The use of the seal provided under subsection (a) with respect to a sound recording shall be
effective beginning on the date the Librarian publishes in the Federal Register (in accordance with
section 1702(b) of this title) the name of the recording, as selected for inclusion in the National
Recording Registry.
(d) Prohibited uses of the seal
(1) Prohibition on distribution and exhibition
No person may knowingly distribute or exhibit to the public a version of a sound recording or
any copy of a sound recording which bears the seal described in subsection (a) if such recording—
(A) is not included in the National Recording Registry; or
(B) is included in the National Recording Registry but has not been approved for use of the
seal by the Librarian pursuant to the guidelines established under subsection (b).
(2) Prohibition on promotion
No person may knowingly use the seal described in subsection (a) to promote any version of a
sound recording or recording copy other than a Registry version.
(e) Remedies for violations
(1) Jurisdiction
The several district courts of the United States shall have jurisdiction, for cause shown, to
prevent and restrain violations of subsection (d).
(2) Relief
(A) Removal of seal
Except as provided in subparagraph (B), relief for violation of subsection (d) shall be limited
to the removal of the seal from the sound recording involved in the violation.
(B) Fine and injunctive relief
In the case of a pattern or practice of the willful violation of subsection (d), the court may
order a civil fine of not more than $10,000 and appropriate injunctive relief.
(3) Limitation of remedies
The remedies provided in this subsection shall be the exclusive remedies under this chapter, or
any other Federal or State law, regarding the use of the seal described in subsection (a). | §1703. Seal of the National Recording Registry | 2024-07-12T00:00:00 | 76d4e06e360223580f03d6ca0dfba9a5f77926dfcb208d082733d50f74f39f03 |
US House of Representatives | 2, 27, §1704 | (a) In general
All copies of sound recordings on the National Recording Registry that are received by the
Librarian under subsection (b) shall be maintained in the Library of Congress and be known as the
"National Recording Registry Collection of the Library of Congress". The Librarian shall by
regulation and in accordance with title 17 provide for reasonable access to the sound recordings and
other materials in such collection for scholarly and research purposes.
(b) Acquisition of quality copies
[Release Point 118-70]
(1) In general
The Librarian shall seek to obtain, by gift from the owner, a quality copy of the Registry version
of each sound recording included in the National Recording Registry.
(2) Limit on number of copies
Not more than one copy of the same version or take of any sound recording may be preserved in
the National Recording Registry. Nothing in the preceding sentence may be construed to prohibit
the Librarian from making or distributing copies of sound recordings included in the Registry for
purposes of carrying out this Act.
(c) Property of United States
All copies of sound recordings on the National Recording Registry that are received by the
Librarian under subsection (b) shall become the property of the United States Government, subject to
the provisions of title 17.
(Pub. L. 106–474, title I, §104, Nov. 9, 2000, 114 Stat. 2087.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (b)(2), is Pub. L. 106–474, Nov. 9, 2000, 114 Stat. 2085, known as the
National Recording Preservation Act of 2000, which enacted this chapter and chapter 1524 (§152401 et seq.)
of Title 36, Patriotic and National Observances, Ceremonies, and Organizations. For complete classification
of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.
SUBCHAPTER II—NATIONAL SOUND RECORDING PRESERVATION
PROGRAM | §1704. National Recording Registry Collection of the Library of Congress | 2024-07-12T00:00:00 | 8ac2a0e7f2fa2fd23bad50a89db19247578bd00eac75e577f905ef6ddb41a288 |
US House of Representatives | 2, 27, §1711 | (a) In general
The Librarian shall, after consultation with the National Recording Preservation Board established
under subchapter III, implement a comprehensive national sound recording preservation program, in
conjunction with other sound recording archivists, educators and historians, copyright owners,
recording industry representatives, and others involved in activities related to sound recording
preservation, and taking into account studies conducted by the Board.
(b) Contents of program specified
The program established under subsection (a) shall—
(1) coordinate activities to assure that efforts of archivists and copyright owners, and others in
the public and private sector, are effective and complementary;
(2) generate public awareness of and support for these activities;
(3) increase accessibility of sound recordings for educational purposes;
(4) undertake studies and investigations of sound recording preservation activities as needed,
including the efficacy of new technologies, and recommend solutions to improve these practices;
and
(5) utilize the audiovisual conservation center of the Library of Congress at Culpeper, Virginia,
to ensure that preserved sound recordings included in the National Recording Registry are stored
in a proper manner and disseminated to researchers, scholars, and the public as may be appropriate
in accordance with title 17 and the terms of any agreements between the Librarian and persons
who hold copyrights to such recordings.
(Pub. L. 106–474, title I, §111, Nov. 9, 2000, 114 Stat. 2087.)
[Release Point 118-70] | §1711. Establishment of program by Librarian of Congress | 2024-07-12T00:00:00 | 86ac622dec28df5873d9175281f3077164172c8734484623a7a33721ba8d541d |
US House of Representatives | 2, 27, §1712 | The Librarian shall carry out activities to make sound recordings included in the National
Recording Registry more broadly accessible for research and educational purposes and to generate
public awareness and support of the Registry and the comprehensive national sound recording
preservation program established under this subchapter.
(Pub. L. 106–474, title I, §112, Nov. 9, 2000, 114 Stat. 2088.)
SUBCHAPTER III—NATIONAL RECORDING PRESERVATION BOARD | §1712. Promoting accessibility and public awareness of sound recordings | 2024-07-12T00:00:00 | 4c835e5c227d6279fa5b8d9f77cc2e5aa5844b057316bf1bdfff9b44fe2896cd |
US House of Representatives | 2, 27, §1721 | The Librarian shall establish in the Library of Congress a National Recording Preservation Board
whose members shall be selected in accordance with the procedures described in section 1722 of this
title. | §1721. Establishment | 2024-07-12T00:00:00 | fb61ad15a5fdc4c44b7ea2910aaaf797eaaf305e83b644c6f680547ce5de1935 |
US House of Representatives | 2, 27, §1722 | (a) Selections from lists submitted by organizations
(1) In general
The Librarian shall request each organization described in paragraph (2) to submit a list of three
candidates qualified to serve as a member of the Board. The Librarian shall appoint one member
from each such list, and shall designate from that list an alternate who may attend at Board
expense those meetings which the individual appointed to the Board cannot attend.
(2) Organizations described
The organizations described in this paragraph are as follows:
(A) National Academy of Recording Arts and Sciences (NARAS).
(B) Recording Industry Association of America (RIAA).
(C) Association for Recorded Sound Collections (ARSC).
(D) American Society of Composers, Authors and Publishers (ASCAP).
(E) Broadcast Music, Inc. (BMI).
(F) Songwriters Association (SESAC).
(G) American Federation of Musicians (AF of M).
(H) Music Library Association.
(I) American Musicological Society.
(J) National Archives and Record Administration.
(K) National Association of Recording Merchandisers (NARM).
(L) Society for Ethnomusicology.
(M) American Folklore Society.
(N) Country Music Foundation.
(O) Audio Engineering Society (AES).
(P) National Academy of Popular Music.
(Q) Digital Media Association (DiMA).
(b) Other members
In addition to the members appointed under subsection (a), the Librarian may appoint not more
[Release Point 118-70]
than five members-at-large. The Librarian shall select an alternate for each member-at-large, who
may attend at Board expense those meetings that the member-at-large cannot attend.
(c) Chair
The Librarian shall appoint one member of the Board to serve as Chair.
(d) Term of office
(1) Terms
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.
(2) Removal of members
The Librarian shall have the authority to remove any member of the Board if the member fails,
after receiving proper notification, to attend (or send a designated alternate to attend) a regularly
scheduled Board meeting, or if the member is determined by the Librarian to have substantially
failed to fulfill the member's responsibilities as a member of the Board.
(3) Vacancies
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 shall be appointed for the remainder of the term of the member's predecessor.
(Pub. L. 106–474, title I, §122, Nov. 9, 2000, 114 Stat. 2088; Pub. L. 110–336, §2(a)(2), Oct. 2,
2008, 122 Stat. 3726.)
EDITORIAL NOTES
AMENDMENTS
2008—Subsec. (d)(2). Pub. L. 110–336 amended par. (2) generally. Prior to amendment, text of par. (2)
read as follows: "The Librarian shall have the authority to remove any member of the Board (or, in the case of
a member appointed under subsection (a)(1) of this section, the organization that such member represents) if
the member or organization over any consecutive 2-year period fails to attend at least one regularly scheduled
Board meeting." | §1722. Appointment of members | 2024-07-12T00:00:00 | 53455990387bcfdcc1aebf4cc4640aef1820686d085fd928fc7c9e275b9d2910 |
US House of Representatives | 2, 27, §1723 | (a) Reimbursement 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.
(b) Conflict 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.
(c) Meetings
The Board shall meet at least once each fiscal year. Meetings shall be at the call of the Librarian.
(d) Quorum
Eleven members of the Board shall constitute a quorum for the transaction of business. | §1723. Service of members; meetings | 2024-07-12T00:00:00 | 6b792ac4adf508cb249863e8196b971427818cb514eae9f74c5a1bb3c49b2680 |
US House of Representatives | 2, 27, §1724 | (a) Review and recommendation of nominations for National Recording Registry
[Release Point 118-70]
(1) In general
The Board shall review nominations of sound recordings submitted to it for inclusion in the
National Recording Registry and advise the Librarian, as provided in subchapter I, with respect to
the inclusion of such recordings in the Registry and the preservation of these and other sound
recordings that are culturally, historically, or aesthetically significant.
(2) Source of nominations
The Board shall consider for inclusion in the National Recording Registry nominations
submitted by the general public as well as representatives of sound recording archives and the
sound recording industry (such as the guilds and societies representing sound recording artists)
and other creative artists.
(b) Study and report on sound recording preservation and restoration
The Board shall conduct a study and issue a report on the following issues:
(1) The current state of sound recording archiving, preservation and restoration activities.
(2) Taking into account the research and other activities carried out by or on behalf of the
National Audio-Visual Conservation Center at Culpeper, Virginia—
(A) the methodology and standards needed to make the transition from analog "open reel"
preservation of sound recordings to digital preservation of sound recordings; and
(B) standards for access to preserved sound recordings by researchers, educators, and other
interested parties.
(3) The establishment of clear standards for copying old sound recordings (including equipment
specifications and equalization guidelines).
(4) Current laws and restrictions regarding the use of archives of sound recordings, including
recommendations for changes in such laws and restrictions to enable the Library of Congress and
other nonprofit institutions in the field of sound recording preservation to make their collections
available to researchers in a digital format.
(5) Copyright and other laws applicable to the preservation of sound recordings. | §1724. Responsibilities of Board | 2024-07-12T00:00:00 | 5387226995277dc19d406e4370146f039c7930173abe58127a805c4f356b4e4a |
US House of Representatives | 2, 27, §1725 | (a) In 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.
(b) Service on Foundation
Two sitting members of the Board shall be appointed by the Librarian and shall serve as members
of the board of directors of the National Recording Preservation Foundation, in accordance with
section 152403 of title 36.
(Pub. L. 106–474, title I, §125, Nov. 9, 2000, 114 Stat. 2090.)
SUBCHAPTER IV—GENERAL PROVISIONS | §1725. General powers of Board | 2024-07-12T00:00:00 | cac90e595f7c209bfd0bc5b73d0c2ec872739571708f30637e797db894eb8285 |
US House of Representatives | 2, 27, §1741 | As used in this chapter:
(1) The term "Librarian" means the Librarian of Congress.
[Release Point 118-70]
(2) The term "Board" means the National Recording Preservation Board.
(3) The term "sound recording" has the meaning given such term in section 101 of title 17.
(4) The term "publication" has the meaning given such term in section 101 of title 17.
(5) The term "Registry version" means, with respect to a sound recording, the version of a
recording first published or offered for mass distribution whether as a publication or a broadcast,
or as complete a version as bona fide preservation and restoration activities by the Librarian, an
archivist other than the Librarian, or the copyright legal owner can compile in those cases where
the original material has been irretrievably lost or the recording is unpublished. | §1741. Definitions | 2024-07-12T00:00:00 | 6bcf036dd28082bdb3a88673b9cdf2e44f56980b0631bc7f30b10f57c9cc65c8 |
US House of Representatives | 2, 27, §1742 | (a) Staff
The Librarian may appoint and fix the pay of such personnel as the Librarian considers
appropriate to carry out this chapter.
(b) Experts and consultants
The Librarian may, in carrying out this chapter, 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 level 15 of the General Schedule. In no case may a member
of the Board (including an alternate member) be paid as an expert or consultant under this section.
(Pub. L. 106–474, title I, §132, Nov. 9, 2000, 114 Stat. 2091.)
EDITORIAL NOTES
REFERENCES IN TEXT
The General Schedule, referred to in subsec. (b), is set out under section 5332 of Title 5, Government
Organization and Employees. | §1742. Staff; experts and consultants | 2024-07-12T00:00:00 | 9aac9460f8a13d7aae4d3a22854239fdbe2f4f8cdfb94ac6f9a6d2cf9608036b |
US House of Representatives | 2, 27, §1743 | There are authorized to be appropriated to the Librarian for the first fiscal year beginning on or
after November 9, 2000, and each succeeding fiscal year through fiscal year 2026 such sums as may
be necessary to carry out this chapter, except that the amount authorized for any fiscal year may not
exceed $250,000.
(Pub. L. 106–474, title I, §133, Nov. 9, 2000, 114 Stat. 2091; Pub. L. 110–336, §2(a)(1)(A), Oct. 2,
2008, 122 Stat. 3726; Pub. L. 114–217, §2(a), July 29, 2016, 130 Stat. 840.)
EDITORIAL NOTES
AMENDMENTS
2016—Pub. L. 114–217 substituted "through fiscal year 2026" for "through fiscal year 2016".
2008—Pub. L. 110–336 substituted "for the first fiscal year beginning on or after November 9, 2000, and
each succeeding fiscal year through fiscal year 2016" for "for each of the first 7 fiscal years beginning on or
after November 9, 2000,".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–336, §2(a)(1)(B), Oct. 2, 2008, 122 Stat. 3726, provided that: "The amendment made by
subparagraph (A) [amending this section] shall take effect as if included in the enactment of the National
Recording Preservation Act of 2000 [Pub. L. 106–474]."
[Release Point 118-70]
Exemptions.
1846.
Effect on existing law.
1845.
Savings provisions.
1844.
Obsolete references.
1843.
Conversion of existing pay rates.
1842.
Single per annum gross rates of pay.
1841.
Interagency details.
1835.
Heating and ventilating Senate wing.
1834.
Lighting, heating, and ventilating House of Representatives.
1833.
Assignment and reassignment of personnel.
1832.
Human resources program.
1831.
Support and maintenance during emergencies.
1827.
Easements for rights-of-way.
1826.
Repealed.
1825.
Recyclable materials.
1824a.
Energy and environmental measures in Capitol Complex Master Plan.
1824.
Acquisition of real property for Library of Congress.
1823a.
Acquisition of real property for Sergeant at Arms and Doorkeeper of the Senate.
1823.
Leasing of space.
1822.
Small purchase contracting authority.
1821.
Acquisition of real property for Capitol Police.
1820.
Computer backup facilities for legislative offices.
1819.
Rental or lease of storage space.
1818.
Disposition of surplus or obsolete personal property.
1817a.
Transfer of discontinued apparatus to other branches.
1817.
Design-build contracts.
1816a.
Construction contracts.
1816.
Repealed.
1815.
Repairs of Capitol.
1814.
Exterior of Capitol.
1813.
Care and superintendence of Capitol.
1812.
Powers and duties.
1811.
Inspector General of the Architect of the Capitol.
1808.
1806, 1807. Repealed.
Deputy Architect of the Capitol to serve as acting in case of absence, disability, or
vacancy.
1805a.
Deputy Architect of the Capitol.
1805.
Repealed.
1804.
Delegation of authority.
1803.
Compensation.
1802.
Appointment and term of service of Architect of the Capitol.
1801a.
Repealed.
1801.
Sec. | §1743. Authorization of appropriations | 2000-11-09T00:00:00 | 6b652044530cb0a58c777727ba98982554eb82aa94b4e2e3771dc224a09de205 |
US House of Representatives | 2, 28, §1802 | The compensation of the Architect of the Capitol shall be at an annual rate which is equal to the
annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5.
(Pub. L. 96–146, §1, formerly §1(1), Dec. 14, 1979, 93 Stat. 1086; Pub. L. 107–68, title I, §129(a),
Nov. 12, 2001, 115 Stat. 579; renumbered §1 and amended Pub. L. 116–94, div. E, title II, | §1802. Compensation | 2024-07-12T00:00:00 | a83b1fc646d103824a20ea2256bf4e7efc876c31c0b328b8e4bb5ce6c21126ab |
US House of Representatives | 2, 28, §1803 | The Architect of the Capitol may delegate the duties and authorities of the Architect to officers
and employees of the Office of the Architect of the Capitol, as the Architect determines appropriate.
(Aug. 5, 1955, ch. 568, 69 Stat. 515; Pub. L. 108–7, div. H, title I, §1205, Feb. 20, 2003, 117 Stat.
375; Pub. L. 116–260, div. O, title VII, §701(a), Dec. 27, 2020, 134 Stat. 2154.)
EDITORIAL NOTES
CODIFICATION
Section was classified to section 163b of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
[Release Point 118-70]
Section is from the Legislative Branch Appropriation Act, 1956.
AMENDMENTS
2020—Pub. L. 116–260 substituted "delegate the duties and authorities of the Architect to officers and
employees of the Office of the Architect of the Capitol, as the Architect determines appropriate" for "delegate
to the assistants of the Architect such authority of the Architect as the Architect may determine proper, except
those authorities, duties, and responsibilities specifically assigned to the Deputy Architect of the Capitol by
the Legislative Branch Appropriations Act, 2003".
2003—Pub. L. 108–7 substituted "Architect of the Capitol may delegate to the assistants of the Architect
such authority of the Architect as the Architect may determine proper, except those authorities, duties, and
responsibilities specifically assigned to the Deputy Architect of the Capitol by the Legislative Branch
Appropriations Act, 2003" for "Architect of the Capitol is authorized on and after August 5, 1955, to delegate
to the Assistant Architect and other assistants such authority of the Architect as he may deem proper". | §1803. Delegation of authority | 1955-08-05T00:00:00 | 6bd0643a87437a2414ba6078940acc46e2c528204128cf91e3b5915b5b8b3fd1 |
US House of Representatives | 2, 28, §1805 | (a) Establishment of Deputy Architect of the Capitol
The Architect of the Capitol (in this section referred to as the "Architect") shall appoint a suitable
individual to be the Deputy Architect of the Capitol (in this section referred to as the "Deputy
Architect"). The Architect may delegate to the Deputy Architect such duties as the Architect
determines are necessary or appropriate.
(b) Deadline
The Architect shall appoint a Deputy Architect under subsection (a) not later than 120 days after—
(1) the date on which the Architect is appointed under section 1801a of this title, if there is no
Deputy Architect on the date of the appointment; or
(2) the date on which a vacancy arises in the office of the Deputy Architect.
(c) Compensation
The Deputy Architect shall be paid at an annual rate of pay to be determined by the Architect but
not to exceed $1,500 less than the annual rate of pay for the Architect.
(d) Failure to appoint
If the Architect does not appoint a Deputy Architect on or before the applicable date specified in
subsection (b), the congressional commission described in section 1801a(a) of this title shall appoint
the Deputy Architect by a majority vote of the members of the commission.
(e) Notification
If the position of Deputy Architect becomes vacant, the Architect shall immediately notify the
members of the congressional commission described in section 1801a(a) of this title.
(Pub. L. 108–7, div. H, title I, §1203, Feb. 20, 2003, 117 Stat. 373; Pub. L. 108–11, title II, §2601(a),
Apr. 16, 2003, 117 Stat. 599; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 111–316, | §1805. Deputy Architect of the Capitol | 2004-07-07T00:00:00 | 0195046846928287277a8f8ec4f7dd14801a0bb4df833df3801423bb7799647a |
US House of Representatives | 2, 28, §1808 | (a) Short title
This section may be cited as the "Architect of the Capitol Inspector General Act of 2007".
(b) Office of Inspector General
There is an Office of Inspector General within the Office of the Architect of the Capitol which is
an independent objective office to—
(1) conduct and supervise audits and investigations relating to the Architect of the Capitol;
(2) provide leadership and coordination and recommend policies to promote economy,
efficiency, and effectiveness; and
(3) provide a means of keeping the Architect of the Capitol and the Congress fully and currently
informed about problems and deficiencies relating to the administration of programs and
operations of the Architect of the Capitol.
(c) Appointment of Inspector General; supervision; removal; pay; limits on bonuses; counsel
(1) Appointment and supervision
(A) In general
There shall be at the head of the Office of Inspector General, an Inspector General who shall
be appointed by the Architect of the Capitol, in consultation with the Inspectors General of the
Library of Congress, Government Publishing Office, Government Accountability Office, and
United States Capitol Police. The appointment shall be made 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 Architect of the
Capitol.
(B) Audits, investigations, reports, and other duties and responsibilities
The Architect of the Capitol 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;
(iii) issuing any report; or
[Release Point 118-70]
(iv) carrying out any other duty or responsibility of the Inspector General under this
section.
(2) Removal or transfer
(A) In general
The Inspector General may be removed from office, or transferred to another position within,
or another location of, the Office of the Architect of the Capitol, by the Architect of the Capitol.
(B) Notice
Not later than 30 days before the Architect of the Capitol removes or transfers the Inspector
General under subparagraph (A), the Architect of the Capitol shall communicate in writing the
reason for the removal or transfer to—
(i) the Committee on House Administration and the Committee on Appropriations of the
House of Representatives; and
(ii) the Committee on Rules and Administration and the Committee on Appropriations of
the Senate.
(C) Applicability
Nothing in this paragraph shall prohibit a personnel action (except for removal or transfer)
that is otherwise authorized by law.
(3) Compensation
The Inspector General shall be paid at an annual rate of pay equal to $1,500 less than the annual
rate of pay of the Architect of the Capitol.
(4) No bonuses
The Inspector General may not receive any cash award or cash bonus, including a cash award
under chapter 45 of title 5.
(5) Counsel
The Inspector General shall, in accordance with applicable laws and regulations governing
selections, appointments, and employment at the Office of the Architect of the Capitol, obtain
legal advice from a counsel reporting directly to the Inspector General or another Inspector
General.
(d) Duties, responsibilities, authority, and reports
(1) In general
Sections 404, 405 (other than subsections (b)(13) and (f)(1)(B) thereof), 406 (other than
subsection (a)(7) and (8) thereof), and 407 of title 5 shall apply to the Inspector General of the
Architect of the Capitol and the Office of such Inspector General and such sections shall be
applied to the Office of the Architect of the Capitol and the Architect of the Capitol by
substituting—
(A) "Office of the Architect of the Capitol" for "establishment"; and
(B) "Architect of the Capitol" for "head of the establishment".
(2) Employees
(A) In general
The Inspector General, in carrying out this section, is authorized, without the supervision or
approval of any other employee, office, or other entity within the Office of the Architect of the
Capitol, 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 Office of the Architect of the Capitol.
(B) Security and suitability
Appointments under the authority under subparagraph (A) shall be made consistent with
[Release Point 118-70]
personnel security and suitability requirements.
(C) Consultants
Any appointment of a consultant under the authority under subparagraph (A) shall be made
consistent with section 6(a)(8) of the Inspector General Act of 1978 (5 U.S.C. App.).1
(3) Law enforcement authority
(A) In general
Subject to subparagraph (B), any supervisory special agent under the Inspector General and
any special agent supervised by such a supervisory special agent is authorized to—
(i) make an arrest without a warrant while engaged in official duties as authorized under
this section or any other statute for any offense against the United States committed in the
presence of such supervisory special agent or special agent, or for any felony cognizable
under the laws of the United States if such supervisory special agent or special agent has
reasonable grounds to believe that the person to be arrested has committed or is committing
such felony;
(ii) seek and execute warrants for arrest, search of a premises, or seizure of evidence issued
under the authority of the United States upon probable cause to believe that a violation has
been committed; and
(iii) carry a firearm while engaged in official duties as authorized under this section or any
other statute.
(B) Requirements to exercise authority
(i) Required certification
(I) In general
In order to exercise the authority under subparagraph (A), a supervisory special agent or
a special agent supervised by such a supervisory special agent shall certify that he or she—
(aa) is a citizen of the United States;
(bb) has successfully completed a basic law enforcement training program or military
or other equivalent; and
(cc) is not prohibited from receiving a firearm under Federal law, including under
section 922(g)(9) of title 18, because of a conviction of a misdemeanor crime of
domestic violence.
(II) Additional requirements
After providing notice to the appropriate committees of Congress, the Inspector General
may add requirements to the certification required under subclause (I), as determined
appropriate by the Inspector General.
(ii) Maintenance of requirements
The Inspector General shall maintain firearms-related requirements (including quarterly
firearms qualifications) and use of force training requirements that, except to the extent the
Inspector General determines necessary to effectively carry out the duties of the Office of the
Inspector General, are in accordance with the Council of the Inspectors General on Integrity
and Efficiency use of force policies, which incorporate Department of Justice guidelines.
(iii) Eligibility determination
(I) In general
The Inspector General shall—
(aa) determine whether an individual meets the requirements under this paragraph;
and
(bb) revoke any authority granted to an individual under subparagraph (A) if the
individual is not in compliance with the requirements of this paragraph.
[Release Point 118-70]
(II) Reauthorization
The Inspector General may reauthorize an individual to exercise the authority granted
under subparagraph (A) if the Inspector General determines the individual has achieved
compliance with the requirements under this paragraph.
(III) Limitation on appeal
A revocation of the authority granted under subparagraph (A) shall not be subject to
administrative, judicial, or other review, unless the revocation results in an adverse action.
Such an adverse action may, at the election of the applicable individual, be reviewed in
accordance with the otherwise applicable procedures.
(C) Semiannual certification of program
(i) In general
Before the first grant of authority under subparagraph (A), and semiannually thereafter as
part of the report under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.), the
1
Inspector General shall submit to the appropriate committees of Congress a written
certification that adequate internal safeguards and management procedures exist that, except
to the extent the Inspector General determines necessary to effectively carry out the duties of
the Office of the Inspector General, are in compliance with standards established by the
Council of the Inspectors General on Integrity and Efficiency, which incorporate Department
of Justice guidelines, to ensure proper exercise of the powers authorized under this paragraph.
(ii) Suspension of authority
The authority granted under this paragraph (including any grant of authority to an
individual under subparagraph (A), without regard to whether the individual is in compliance
with subparagraph (B)) may be suspended by the Inspector General if the Office of Inspector
General fails to comply with the reporting and review requirements under clause (i) of this
subparagraph or subparagraph (D). Any suspension of authority under this clause shall be
reported to the appropriate committees of Congress.
(D) Peer review
To ensure the proper exercise of the law enforcement powers authorized under this
paragraph, the Office of Inspector General shall submit to and participate in the external review
process established by the Council of the Inspectors General on Integrity and Efficiency for
ensuring that adequate internal safeguards and management procedures continue to exist. Under
the review process, the exercise of the law enforcement powers by the Office of Inspector
General shall be reviewed periodically by another Office of Inspector General or by a
committee of Inspectors General. The results of each review shall be communicated in writing
to the Inspector General, the Council of the Inspectors General on Integrity and Efficiency, and
the appropriate committees of Congress.
(E) Alleged misconduct
Any allegation of misconduct by an individual granted authority under subparagraph (A) may
be reviewed by the Integrity Committee of the Council of the Inspectors General on Integrity
and Efficiency.
(F) Appropriate committees of Congress
In this paragraph, the term "appropriate committees of Congress" means—
(i) the Committee on Rules and Administration and the Committee on Appropriations of
the Senate; and
(ii) the Committee on House Administration and the Committee on Appropriations of the
House of Representatives.
(4) Budget independence
The Architect of the Capitol shall include the annual budget request of the Inspector General in
[Release Point 118-70]
the budget of the Office of the Architect of the Capitol without change.
(e) Transfers
All functions, personnel, and budget resources of the Office of the Inspector General of the
Architect of the Capitol as in effect before the effective date of this section are transferred to the
Office of Inspector General described under subsection (b).
(f) References
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 Architect of the Capitol shall be
deemed to refer to the Inspector General as set forth under this section.
(g) First appointment
By the date occurring 180 days after December 26, 2007, the Architect of the Capitol shall appoint
an individual to the position of Inspector General of the Architect of the Capitol described under
subparagraph (A) of subsection (c)(1) in accordance with that subparagraph.
(h) Effective date
(1) In general
Except as provided under paragraph (2), this section shall take effect 180 days after December
26, 2007, and apply with respect to fiscal year 2008 and each fiscal year thereafter.
(2) First appointment
Subsection (g) shall take effect on December 26, 2007, and the Architect of the Capitol shall
take such actions as necessary after December 26, 2007, to carry out that subsection.
(Pub. L. 110–161, div. H, title I, §1301, Dec. 26, 2007, 121 Stat. 2240; Pub. L. 113–235, div. H, title
I, §1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 116–94, div. P, title XVI, §§1602(b), 1603(b),
1604(b), 1605(b), Dec. 20, 2019, 133 Stat. 3210, 3214, 3218, 3219; Pub. L. 117–286, §4(b)(3), Dec.
27, 2022, 136 Stat. 4342.)
EDITORIAL NOTES
REFERENCES IN TEXT
Sections 5 and 6(a)(8) of the Inspector General Act of 1978, referred to in subsec. (d)(2)(C), (3)(C)(i), are
sections 5 and 6(a)(8) of Pub. L. 95–452, which were set out in the Appendix to Title 5, Government
Organization and Employees, and were repealed and restated as sections 405 and 406(a)(8), respectively, of
Title 5 by Pub. L. 117–286, §§3(b), 7, Dec. 27, 2022, 136 Stat. 4212, 4219, 4361.
CODIFICATION
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated
Appropriations Act, 2008.
AMENDMENTS
2022—Subsec. (d)(1). Pub. L. 117–286 substituted "Sections 404, 405 (other than subsections (b)(13) and
(f)(1)(B) thereof), 406 (other than subsection (a)(7) and (8) thereof), and 407 of title 5" for "Sections 4, 5
(other than subsections (a)(13) and (e)(1)(B) thereof), 6 (other than subsection (a)(7) and (8) thereof), and 7 of
the Inspector General Act of 1978 (5 U.S.C. App.)" in introductory provisions.
2019—Subsec. (c). Pub. L. 116–94, §1602(b)(1), inserted "; pay; limits on bonuses; counsel" after
"removal" in heading.
Subsec. (c)(2). Pub. L. 116–94, §1602(b)(2), added par. (2) and struck out former par. (2). Prior to
amendment, text read as follows: "The Inspector General may be removed from office by the Architect of the
Capitol. The Architect of the Capitol shall, promptly upon such removal, communicate in writing the reasons
for any such removal to each House of Congress."
Subsec. (c)(4), (5). Pub. L. 116–94, §1602(b)(3), added pars. (4) and (5).
Subsec. (d)(2). Pub. L. 116–94, §1605(b), designated existing provisions as subpar. (A), inserted subpar.
heading and ", without the supervision or approval of any other employee, office, or other entity within the
Office of the Architect of the Capitol," after "is authorized", and added subpars. (B) and (C).
[Release Point 118-70]
Subsec. (d)(3). Pub. L. 116–94, §1603(b), added par. (3).
Subsec. (d)(4). Pub. L. 116–94, §1604(b), added par. (4).
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
"Government Publishing Office" substituted for "Government Printing Office" in subsec. (c)(1)(A) on
authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public
Printing and Documents.
See References in Text note below.
1
SUBCHAPTER II—GENERAL POWERS AND DUTIES | §1808. Inspector General of the Architect of the Capitol | 2007-12-26T00:00:00 | ea53055ff0baa590fe41f01519235bfc962f0ef881a6f4867a9ea92945107dd1 |
US House of Representatives | 2, 28, §1811 | The Architect of the Capitol shall perform all the duties relative to the Capitol Building performed
prior to August 15, 1876, by the Commissioner of Public Buildings and Grounds:
, That no
Provided
change in the architectural features of the Capitol Building or in the landscape features of the Capitol
Grounds shall be made except on plans to be approved by Congress.
(Aug. 15, 1876, ch. 287, 19 Stat. 147; Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 124, 41
Stat. 1291; Pub. L. 118–31, div. E, title LVII, §5702(d)(2), Dec. 22, 2023, 137 Stat. 961.)
EDITORIAL NOTES
CODIFICATION
Section was classified to section 162 of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is a composite of the acts of Aug. 15, 1876, and Feb. 14, 1902, cited in the credits.
AMENDMENTS
2023—Pub. L. 118–31 struck out ", and he shall be appointed by the President" after "Commissioner of
Public Buildings and Grounds".
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior
Provisions and Change of Name notes set out under former section 1801 of this title.
EFFECTIVE DATE OF 2023 AMENDMENT
Amendment by Pub. L. 118–31 applicable with respect to appointments made on or after Dec. 22, 2023, see
section 1801a(e) of this title.
TRANSFER TO ARCHITECT OF THE CAPITOL
Pub. L. 112–74, div. G, title I, §1202, Dec. 23, 2011, 125 Stat. 1129, provided that:
"(a)
.—To the extent that the Director of the National Park Service has jurisdiction and control
TRANSFER
over any portion of the area described in subsection (b) and any monument or other facility which is located
within such area, such jurisdiction and control is hereby transferred to the Architect of the Capitol as of the
date of the enactment of this Act [Dec. 23, 2011].
"(b)
.—The area described in this subsection is the property which is bounded on the
AREA DESCRIBED
north by Pennsylvania Avenue Northwest, on the east by First Street Northwest and First Street Southwest, on
the south by Maryland Avenue Southwest, and on the west by Third Street Southwest and Third Street
[Release Point 118-70]
Northwest."
ACQUISITION OF PROPERTY BY ARCHITECT OF THE CAPITOL
Pub. L. 107–68, title I, §128, Nov. 12, 2001, 115 Stat. 579, provided that: "Notwithstanding any other
provision of law and subject to the availability of appropriations, the Architect of the Capitol is authorized to
secure, through multi-year rental, lease, or other appropriate agreement, the property located at 67 K Street,
S.W., Washington, D.C., for use of Legislative Branch agencies, and to incur any necessary incidental
expenses including maintenance, alterations, and repairs in connection therewith:
, That in
Provided
connection with the property referred to under the preceding proviso, the Architect of the Capitol is authorized
to expend funds appropriated to the Architect of the Capitol for the purpose of the operations and support of
Legislative Branch agencies, including the United States Capitol Police, as may be required for that purpose." | §1811. Powers and duties | 1876-08-15T00:00:00 | 5f0be5a9eb6d5e2ccb9d545ea7c8c8a78b7e5d9fd9603ee2ff95732fdcbfbe8d |
US House of Representatives | 2, 28, §1812 | The Architect of the Capitol shall on and after March 3, 1977, have the care and superintendence
of the Capitol, including lighting. His office shall be in the Capitol Building.
(Aug. 15, 1876, ch. 287, 19 Stat. 147; Mar. 3, 1877, ch. 102, 19 Stat. 298; Oct. 31, 1951, ch. 654, | §1812. Care and superintendence of Capitol | 1977-03-03T00:00:00 | b7d5f771139be8e0b8cb7c537b8ea9bd0e11789b88efb01d79b9dd418be0e962 |
US House of Representatives | 2, 28, §1813 | On and after July 7, 1884, it shall be the duty of the Architect to clean and keep in proper order the
exterior of the Capitol.
(July 7, 1884, ch. 332, 23 Stat. 209.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Architect, referred to in text, means the Architect of the Capitol.
CODIFICATION
Section was classified to section 163a of former Title 40, prior to the enactment of Title 40, Public
[Release Point 118-70]
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is from the Sundry Civil Appropriation Act July 7, 1884, fiscal year 1885. | §1813. Exterior of Capitol | 1884-07-07T00:00:00 | 3c5ea5558def8dbc6679abb318dd1a99e0d62b1e70fe2acb68f54da25cb60b64 |
US House of Representatives | 2, 28, §1814 | All improvements, alterations, additions, and repairs of the Capitol Building shall be made by the
direction and under the supervision of the Architect of the Capitol.
(R.S. §1816; Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 124, 41 Stat. 1291; Oct. 31, 1951,
ch. 654, §3(15), 65 Stat. 708.)
EDITORIAL NOTES
CODIFICATION
Section was classified to section 166 of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
R.S. §1816 derived from Res. Apr. 16, 1862, No. 28, 12 Stat. 617; acts Mar. 30, 1867, ch. 24, §2, 15 Stat.
13; July 20, 1868, ch. 177, §1, 15 Stat. 115; Mar. 3, 1869, ch. 121, §1, 15 Stat. 283, 284; Mar. 3, 1871, ch.
114, §1, 16 Stat. 500; Aug. 15, 1876, ch. 287, 19 Stat. 147.
Provision of R.S. §1816 relating to purchase of furniture or carpets for House or Senate is classified to
section 2184 of this title.
AMENDMENTS
1951—Act Oct. 31, 1951, struck out requirement that such improvements, etc., should be paid for by
Secretary of the Interior out of appropriations for Capitol extension, and from no other appropriation.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior
Provisions and Change of Name notes set out under former section 1801 of this title.
CONDITIONS FOR USE OF CERTAIN TELECOMMUNICATIONS SYSTEMS AND SERVICES
BY AGENCY OF LEGISLATIVE BRANCH
Pub. L. 101–520, title III, §306, Nov. 5, 1990, 104 Stat. 2277, as amended by Pub. L. 108–271, §8(b), July
7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537, provided that:
"(a) Hereafter, notwithstanding any other provision of law, any agency of the legislative branch is
authorized to use telecommunications systems and services provided by the Architect of the Capitol or the
House of Representatives or the Senate under the approved plan required by section 305 of Public Law
100–202 (101 Stat. 1329–308) [see source credits following note below] if such systems and services—
"(1) have been acquired competitively; and
"(2) in the case of long distance service, have been determined by the Architect of the Capitol to be at
least equal in quality to, and not greater in cost than, the systems and services available under the
procurement conducted by the Administrator of General Services known as 'FTS2000'.
"(b) As used in this section, the term 'agency of the legislative branch' means the office of the Architect of
the Capitol, the Botanic Garden, the Government Accountability Office, the Government Publishing Office,
the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office."
Similar provisions were contained in the following prior appropriations acts:
Pub. L. 101–163, title III, §306, Nov. 21, 1989, 103 Stat. 1064.
Pub. L. 100–458, title III, §307B, Oct. 1, 1988, 102 Stat. 2183.
DEVELOPMENT OF OVERALL PLAN FOR SATISFYING TELECOMMUNICATIONS
REQUIREMENTS OF AGENCIES OF LEGISLATIVE BRANCH
Pub. L. 102–392, title III, §305, Oct. 6, 1992, 106 Stat. 1721, as amended by Pub. L. 108–271, §8(b), July
7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537, provided that:
"(a) The Architect of the Capitol, in consultation with the heads of the agencies of the legislative branch,
shall develop an overall plan for satisfying the telecommunications requirements of such agencies, using a
[Release Point 118-70]
common system architecture for maximum interconnection capability and engineering compatibility. The plan
shall be subject to joint approval by the Committee on House Administration of the House of Representatives
and the Committee on Rules and Administration of the Senate, and, upon approval, shall be communicated to
the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of
the Senate. No part of any appropriation in this Act or any other Act shall be used for acquisition of any new
or expanded telecommunications system for an agency of the legislative branch, unless, as determined by the
Architect of the Capitol, the acquisition is in conformance with the plan, as approved.
"(b) As used in this section—
"(1) the term 'agency of the legislative branch' means the Office of the Architect of the Capitol, the
Botanic Garden, the Government Accountability Office, the Government Publishing Office, the Library of
Congress, the Office of Technology Assessment, and the Congressional Budget Office; and
"(2) the term 'telecommunications system' means an electronic system for voice, data, or image
communication, including any associated cable and switching equipment.
"(c) This section shall apply with respect to fiscal years beginning after September 30, 1992."
Similar provisions were contained in the following prior appropriations acts:
Pub. L. 102–90, title III, §305, Aug. 14, 1991, 105 Stat. 466.
Pub. L. 101–520, title III, §305, Nov. 5, 1990, 104 Stat. 2276.
Pub. L. 101–163, title III, §305, Nov. 21, 1989, 103 Stat. 1063.
Pub. L. 100–458, title III, §305, Oct. 1, 1988, 102 Stat. 2182.
Pub. L. 100–202, §101(i) [title III, §305], Dec. 22, 1987, 101 Stat. 1329–290, 1329–308.
Pub. L. 99–500, §101(j) [H.R. 5203, title III, §305], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, | §1814. Repairs of Capitol | 1992-09-30T00:00:00 | d98d23b6db972fb79351a7ca7c5ff723303578657d2e5f763ef5f0ab59b33a7b |
US House of Representatives | 2, 28, §1816 | (a) Liquidated damages
The Architect of the Capitol may not enter into or administer any construction contract with a
value greater than $50,000 unless the contract includes a provision requiring the payment of
liquidated damages in the amount determined under subsection (b) in the event that completion of
the project is delayed because of the contractor.
(b) Amount of payment
The amount of payment required under a liquidated damages provision described in subsection (a)
shall be equal to the product of—
(1) the daily liquidated damage payment rate; and
(2) the number of days by which the completion of the project is delayed.
(c) Daily liquidated damage payment rate
(1) In general
In subsection (b), the "daily liquidated damage payment rate" means—
(A) $140, in the case of a contract with a value greater than $50,000 and less than $100,000;
(B) $200, in the case of a contract with a value equal to or greater than $100,000 and equal to
or less than $500,000; and
[Release Point 118-70]
(C) the sum of $200 plus $50 for each $100,000 increment by which the value of the contract
exceeds $500,000, in the case of a contract with a value greater than $500,000.
(2) Adjustment in rate permitted
Notwithstanding paragraph (1), the daily liquidated damage payment rate may be adjusted by
the contracting officer involved to a rate greater or lesser than the rate described in such paragraph
if the contracting officer makes a written determination that the rate described does not accurately
reflect the anticipated damages which will be suffered by the United States as a result of the delay
in the completion of the contract.
(d) Effective date
This section shall apply with respect to contracts entered into during fiscal year 2002 or any
succeeding fiscal year.
(Pub. L. 107–68, title I, §130, Nov. 12, 2001, 115 Stat. 580.)
EDITORIAL NOTES
CODIFICATION
Section was classified to section 166j of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. | §1816. Construction contracts | 2024-07-12T00:00:00 | 5fc17719e589b98749637c79c1f84827fd27c7208cb2245f093130faead28cfa |
US House of Representatives | 2, 28, §1817 | The Architect of the Capitol may transfer apparatus, appliances, equipments, and supplies of any
kind, discontinued or permanently out of service, to other branches of the service of the United
States, or District of Columbia, whenever, in his judgment the interests of the Government service
may require it.
(June 26, 1912, ch. 182, §11, 37 Stat. 184; Mar. 3, 1921, ch. 124, 41 Stat. 1291; May 29, 1928, ch.
901, §1(120), 45 Stat. 995; Oct. 31, 1951, ch. 654, §3(17), 65 Stat. 708.)
EDITORIAL NOTES
CODIFICATION
Section was classified to section 171 of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is based on section 11 of act June 26, 1912, popularly known as the "District of Columbia
Appropriation Act June 26, 1912, fiscal year 1913".
PRIOR PROVISIONS
Act Mar. 2, 1911, ch. 192, §9, 36 Stat. 1011.
AMENDMENTS
1951—Act Oct. 31, 1951, struck out "with the approval of the Secretary of the Interior," after "whenever,".
1928—Act May 29, 1928, struck out provision that required a transfer statement to be submitted in the
annual report to Congress by the Superintendent of the Capitol Building and Grounds.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior
[Release Point 118-70]
Provisions and Change of Name notes set out under former section 1801 of this title. | §1817. Transfer of discontinued apparatus to other branches | 1928-05-29T00:00:00 | 6f72c10ab65f56ff15420cccd4b321f5d277be502685b206f522757f24b1e06a |
US House of Representatives | 2, 28, §1818 | Notwithstanding any other provision of law, the Architect of the Capitol, with the approval of the
House Office Building Commission and Senate Committee on Rules and Administration, is
authorized to secure, through rental, lease, or other appropriate agreement, storage space in areas
within the District of Columbia and its environs beyond the boundaries of the United States Capitol
Grounds for use of the United States Senate, the United States House of Representatives, and the
Office of the Architect of the Capitol, under such terms and conditions as such Commission and
committee may authorize, and to incur any necessary incidental expenses in connection therewith.
(Pub. L. 93–180, §1, Dec. 13, 1973, 87 Stat. 704.)
EDITORIAL NOTES
CODIFICATION
Section was classified to section 166d of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. | §1818. Rental or lease of storage space | 2024-07-12T00:00:00 | 20293542d21cc46eecbb2f297fc29074ff4d02f2f4451fed2b724bd40bb74171 |
US House of Representatives | 2, 28, §1819 | (a) Acquisition of buildings and facilities
The Architect of the Capitol is authorized, subject to the availability of appropriations, to acquire
(through purchase, lease, or otherwise) buildings and facilities for use as computer backup facilities
(and related uses) for offices in the legislative branch.
(b) Acquisition subject to approval
The acquisition of a building or facility under subsection (a) shall be subject to the approval of—
(1) the House Office Building Commission, in the case of a building or facility acquired for the
use of an office of the House of Representatives;
(2) the Committee on Rules and Administration of the Senate, in the case of a building or
facility acquired for the use of an office of the Senate; or
[Release Point 118-70]
(3) the House Office Building Commission in the case of a building or facility acquired for the
use of any other office in the legislative branch as part of a joint facility with (1) above, or the
Committee on Rules and Administration of the Senate, in the case of a building or facility
acquired for the use of any other office in the legislative branch as part of a joint facility with (2)
above.
(c) United States Capitol grounds provisions applicable
Any building or facility acquired by the Architect of the Capitol pursuant to subsection (a) shall be
a part of the United States Capitol Grounds and shall be subject to the provisions of sections 1922,
1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40.
(d) Lease of buildings and facilities
In the case of a building or facility acquired through purchase pursuant to subsection (a), the
Architect of the Capitol may enter into or assume a lease with another person for the use of any
portion of the building or facility that the Architect of the Capitol determines is not required to be
used to carry out the purposes of this section, subject to the approval of the entity which approved
the acquisition of such building or facility under subsection (b).
(e) Effective date
This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.
(Pub. L. 107–206, title I, §905, Aug. 2, 2002, 116 Stat. 877; Pub. L. 109–55, title I, §1202(a), Aug. 2,
2005, 119 Stat. 579.)
EDITORIAL NOTES
REFERENCES IN TEXT
Sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40,
referred to in subsec. (c), was in the original a reference to the Act entitled "An Act to define the area of the
United States Capitol Grounds, to regulate the use thereof, and for other purposes", approved July 31, 1946,
which is act July 31, 1946, ch. 707, 60 Stat. 718. Sections 9, 9A, 9B, 9C, and 14 of the Act are classified,
respectively, to sections 1961, 1966, 1967, 1922, and 1969 of this title, and section 16(b) of the Act is set out
as a note under section 1961 of this title. Sections 1 to 8, 10 to 13, and 16(a) of the Act, which were classified
to sections 193a to 193m of former Title 40, Public Buildings, Property, and Works, were repealed and
reenacted as sections 5101 to 5107 and 5109 of Title 40, Public Buildings, Property, and Works, by Pub. L.
107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1312, the first section of which enacted Title 40. Section
5(c) of Pub. L. 107–217, set out as a note preceding section 101 of Title 40, provides that a reference to a law
replaced by section 1 of Pub. L. 107–217 is deemed to refer to the corresponding provision enacted by Pub. L.
107–217. For complete classification of the act of July 31, 1946, to the Code, see Tables. For disposition of
sections of former Title 40, see table at the beginning of Title 40.
CODIFICATION
Section was classified to section 166k of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
AMENDMENTS
2005—Subsecs. (d), (e). Pub. L. 109–55 added subsec. (d) and redesignated former subsec. (d) as (e).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–55, title I, §1202(b), Aug. 2, 2005, 119 Stat. 579, provided that: "The amendments made by
subsection (a) [amending this section] shall apply with respect to leases entered into on or after the date of the
enactment of this Act [Aug. 2, 2005]." | §1819. Computer backup facilities for legislative offices | 1946-07-31T00:00:00 | 7feb8146a8a633e3f5e812c3dcabebef0ab0acff9272f70d2a7f8bc695904f05 |
US House of Representatives | 2, 28, §1820 | [Release Point 118-70]
(a) Authority for acquisition
Subject to the approval of the House Office Building Commission and the Senate Committee on
Rules and Administration, the Architect of the Capitol is authorized to acquire (through purchase,
lease, transfer from another Federal entity, or otherwise) real property, subject to the availability of
appropriations and upon approval of an obligation plan by the Committees on Appropriations of the
House and Senate, for the use of the United States Capitol Police.
(b) United States Capitol grounds provisions applicable
Any real property acquired by the Architect of the Capitol pursuant to subsection (a) shall be a
part of the United States Capitol Grounds and shall be subject to the provisions of sections 1922,
1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40.
(c) Effective date
This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.
(Pub. L. 107–206, title I, §907, Aug. 2, 2002, 116 Stat. 877.)
EDITORIAL NOTES
REFERENCES IN TEXT
Sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40,
referred to in subsec. (b), was in the original a reference to the Act entitled "An Act to define the area of the
United States Capitol Grounds, to regulate the use thereof, and for other purposes", approved July 31, 1946,
which is act July 31, 1946, ch. 707, 60 Stat. 718. Sections 9, 9A, 9B, 9C, and 14 of the Act are classified,
respectively, to sections 1961, 1966, 1967, 1922, and 1969 of this title, and section 16(b) of the Act is set out
as a note under section 1961 of this title. Sections 1 to 8, 10 to 13, and 16(a) of the Act, which were classified
to sections 193a to 193m of former Title 40, Public Buildings, Property, and Works, were repealed and
reenacted as sections 5101 to 5107 and 5109 of Title 40, Public Buildings, Property, and Works, by Pub. L.
107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1312, the first section of which enacted Title 40. Section
5(c) of Pub. L. 107–217, set out as a note preceding section 101 of Title 40, provides that a reference to a law
replaced by section 1 of Pub. L. 107–217 is deemed to refer to the corresponding provision enacted by Pub. L.
107–217. For complete classification of the act of July 31, 1946, to the Code, see Tables. For disposition of
sections of former Title 40, see table at the beginning of Title 40.
CODIFICATION
Section was classified to section 166m of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
STATUTORY NOTES AND RELATED SUBSIDIARIES
ACQUISITION OF PROPERTY BY ARCHITECT OF THE CAPITOL
Pub. L. 108–199, div. H, §152, Jan. 23, 2004, 118 Stat. 448, provided that:
"(a) Notwithstanding section 907(a) of Public Law 107–206 (116 Stat. 977) [2 U.S.C. 1820(a)] or section
1102 of the Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1822(b)), the Architect of the Capitol, at
any time after the date of the enactment of this Act [Jan. 23, 2004] and subject to the availability of
appropriations, may enter into an agreement to acquire by lease any portion of the real property located at 499
South Capitol Street Southwest in the District of Columbia for the use of the United States Capitol Police.
"(b) Any real property acquired by the Architect of the Capitol pursuant to subsection (a) shall be subject to
the provisions of the Act entitled 'An Act to define the area of the United States Capitol Grounds, to regulate
the use thereof, and for other purposes', approved July 31, 1946 [2 U.S.C. 1922, 1961, 1966, 1967, 1969, see
References in Text note above]." | §1820. Acquisition of real property for Capitol Police | 1946-07-31T00:00:00 | f8344bba06a7724dd4e1b0108f0f10ea1316d667669bb7feadcf28789210f06c |
US House of Representatives | 2, 28, §1821 | (a) In general
To promote efficiency and economy in contracting and to avoid unnecessary burdens, the
[Release Point 118-70]
Architect of the Capitol is granted authority to utilize special simplified procedures for purchases of
property and services the aggregate amount of which does not exceed $250,000. Notwithstanding
any other provision of law—
(1) section 6101 of title 41 shall apply with respect to purchases and contracts for the Architect
of the Capitol as if the reference to "$25,000" in paragraph (1) of such section were a reference to
"$100,000"; and
(2) the Architect may procure services, equipment, and construction for security related projects
in the most efficient manner he determines appropriate.
(b) Effective date
This section shall apply to fiscal year 2003 and each fiscal year thereafter.
(Pub. L. 108–7, div. H, title I, §1201, Feb. 20, 2003, 117 Stat. 372; Pub. L. 115–244, div. B, title I, | §1821. Small purchase contracting authority | 2024-07-12T00:00:00 | 66c17943574aadd0eff122ca008c5403dec1efd61355ff3245b3ed2ccf666315 |
US House of Representatives | 2, 28, §1822 | (a) In general
Funds appropriated to the Architect of the Capitol shall be available—
(1) for the leasing of space in areas within the District of Columbia and its environs beyond the
boundaries of the United States Capitol Grounds to meet space requirements of the United States
Senate, United States House of Representatives, United States Capitol Police, and the Architect of
the Capitol under such terms and conditions as the Committee or Commission referred to under
subsection (b) may authorize; and
(2) to incur any necessary expense in connection with any leasing of space under paragraph (1).
(b) Conditions to lease space
The Architect of the Capitol may lease space under subsection (a) upon submission of written
notice of intent to lease such space to, and approved by—
[Release Point 118-70]
(1) the Committees on Appropriations and Rules and Administration of the Senate for space to
be leased for the Senate;
(2) the Committee on Appropriations of the House of Representatives and the House Office
Building Commission for space to be leased for the House of Representatives; and
(3) the Committees on Appropriations of the Senate and House of Representatives, for space to
be leased for any other entity under subsection (a).
(c) Effective date
This section shall apply with respect to fiscal year 2004, and each fiscal year thereafter.
(Pub. L. 108–83, title I, §1102, Sept. 30, 2003, 117 Stat. 1027; Pub. L. 110–161, div. H, title I, | §1822. Leasing of space | 2024-07-12T00:00:00 | 7d914c11934a1d3cba200a58666b337d7a48f217fdcef5ef74f3c907913178a1 |
US House of Representatives | 2, 28, §1823 | Senate
(1) The Architect of the Capitol may acquire (through purchase, lease, transfer from another
Federal entity, or otherwise) real property, for the use of the Sergeant at Arms and Doorkeeper of the
Senate to support the operations of the Senate—
(A) subject to the approval of the Committee on Rules and Administration of the Senate; and
(B) subject to the availability of appropriations and upon approval of an obligation plan by the
Committee on Appropriations of the Senate.
(2) Subject to the approval of the Committee on Appropriations of the Senate, the Secretary of the
Senate may transfer funds for the acquisition or maintenance of any property under paragraph (1)
from the account under the heading "Senate, Contingent Expenses of the Senate, Sergeant at Arms
and Doorkeeper of the Senate" to the account under the heading "Architect of the Capitol, Senate
Office Buildings".
(3) This section shall apply with respect to fiscal year 2007 and each fiscal year thereafter.
(Pub. L. 109–289, div. B, title II, §20701(b), as added Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat.
37.)
EDITORIAL NOTES
[Release Point 118-70]
CODIFICATION
Section is from the Continuing Appropriations Resolution, 2007. | §1823. Acquisition of real property for Sergeant at Arms and Doorkeeper of the | 2024-07-12T00:00:00 | e2a5a1d2bbfb5f4bd6939f5e3da9ab645afc2e592b5e643ff57fff81abf169ef |
US House of Representatives | 2, 28, §1824 | (a) In general
To the maximum extent practicable, the Architect of the Capitol shall include energy efficiency
and conservation measures, greenhouse gas emission reduction measures, and other appropriate
environmental measures in the Capitol Complex Master Plan.
(b) Report
Not later than 6 months after December 19, 2007, the Architect of the Capitol shall submit to the
Committee on Transportation and Infrastructure of the House of Representatives and the Committee
on Rules and Administration of the Senate, a report on the energy efficiency and conservation
measures, greenhouse gas emission reduction measures, and other appropriate environmental
measures included in the Capitol Complex Master Plan pursuant to subsection (a).
(Pub. L. 110–140, title V, §503, Dec. 19, 2007, 121 Stat. 1655.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
[Release Point 118-70]
EFFECTIVE DATE
Pub. L. 110–140, title XVI, §1601, Dec. 19, 2007, 121 Stat. 1801, provided that: "This Act [see Tables for
classification] and the amendments made by this Act take effect on the date that is 1 day after the date of
enactment of this Act [Dec. 19, 2007]." | §1824. Energy and environmental measures in Capitol Complex Master Plan | 2007-12-19T00:00:00 | 9580004e7a8b05c8aaca5faefeb69b18d106bdbda0d1eba61b76d9dcec75bad9 |
US House of Representatives | 2, 28, §1826 | (a) In general
The Architect of the Capitol may grant, upon such terms as the Architect of the Capitol considers
advisable, including monetary consideration, easements for rights-of-way over, in, and upon the
Capitol Grounds and any other public lands under the jurisdiction and control of the Architect of the
Capitol.
(b) Limitation
No easement granted under this section may include more land than is necessary for the easement.
(c) Easement account
There is established in the Treasury an easement account for the Architect of the Capitol. The
Architect of the Capitol shall deposit in the account all proceeds received relating to the granting of
easements under this section. The proceeds deposited in that account shall be available to the
Architect, in such amounts and for such purposes provided in appropriations acts.
(d) In-kind consideration
Subject to subsection (f), the Architect may accept in-kind consideration instead of, or in addition
to, any monetary consideration, for any easement granted under this section.
(e) Termination of easement
The Architect of the Capitol may terminate all or part of any easement granted under this section
for—
(1) failure to comply with the terms of the grant;
(2) nonuse for a 2-year period; or
(3) abandonment.
(f) Approval
The Architect of the Capitol may grant an easement for rights-of-way under subsection (a) upon
submission of written notice of intent to grant that easement and the amount or type of consideration
to be received, and approval by—
(1) the Committee on Rules and Administration of the Senate for easements granted on property
under Senate jurisdiction;
(2) the House Office Building Commission for property under House of Representatives
jurisdiction; and
(3) the Committee on Rules and Administration of the Senate and the House Office Building
Commission for easements granted on any other property.
(g) Effective date
This section shall apply to fiscal year 2008 and each fiscal year thereafter.
(Pub. L. 110–161, div. H, title I, §1307, Dec. 26, 2007, 121 Stat. 2243.)
EDITORIAL NOTES
CODIFICATION
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated
Appropriations Act, 2008.
[Release Point 118-70] | §1826. Easements for rights-of-way | 2024-07-12T00:00:00 | 075282fdc9bbc00d10e42b66fb86576a2699684e3c8461ab7ddab97d4ed94fdc |
US House of Representatives | 2, 28, §1827 | (a) During an emergency involving the safety of human life or the protection of property, as
determined or declared by the Capitol Police Board, the Architect of the Capitol—
(1) may accept contributions of comfort and other incidental items and services to support
employees of the Office of the Architect of the Capitol while such employees are on duty in
response to the emergency; and
(2) may incur obligations and make expenditures out of available appropriations for meals,
refreshments, and other support and maintenance for the Office of the Architect of the Capitol if,
in the judgment of the Architect, such obligations and expenditures are necessary to respond to the
emergency.
(b) This section shall apply with respect to fiscal year 2010 and each succeeding fiscal year.
(Pub. L. 111–68, div. A, title I, §1305, Oct. 1, 2009, 123 Stat. 2035.)
EDITORIAL NOTES
CODIFICATION
Section is from the Legislative Branch Appropriations Act, 2010, which is div. A of Pub. L. 111–68.
SUBCHAPTER III—PERSONNEL
PART A—GENERAL | §1827. Support and maintenance during emergencies | 2024-07-12T00:00:00 | aa8898dfd21e4cde6f731bce2b4be79d8357311fd00d68dd6c3403cab4107a2b |
US House of Representatives | 2, 28, §1831 | (a) Short title
This section may be cited as the "Architect of the Capitol Human Resources Act".
(b) Finding and purpose
(1) Finding
The Congress finds that the Office of the Architect of the Capitol should develop human
resources management programs that are consistent with the practices common among other
Federal and private sector organizations.
(2) Purpose
It is the purpose of this section to require the Architect of the Capitol to establish and maintain a
personnel management system that incorporates fundamental principles that exist in other modern
personnel systems.
(c) Personnel management system
(1) Establishment
The Architect of the Capitol shall establish and maintain a personnel management system.
(2) Requirements
The personnel management system shall at a minimum include the following:
(A) A system which ensures that applicants for employment and employees of the Architect
of the Capitol are appointed, promoted, and assigned on the basis of merit and fitness after fair
[Release Point 118-70]
and equitable consideration of all applicants and employees through open competition.
(B) An equal employment opportunity program which includes an affirmative employment
program for employees and applicants for employment, and procedures for monitoring progress
by the Architect of the Capitol in ensuring a workforce reflective of the diverse labor force.
(C) A system for the classification of positions which takes into account the difficulty,
responsibility, and qualification requirements of the work performed, and which conforms to
the principle of equal pay for substantially equal work.
(D) A program for the training of Architect of the Capitol employees which has among its
goals improved employee performance and opportunities for employee advancement.
(E) A formal performance appraisal system which will permit the accurate evaluation of job
performance on the basis of objective criteria for all Architect of the Capitol employees.
(F) A fair and equitable system to address unacceptable conduct and performance by
Architect of the Capitol employees, including a general statement of violations, sanctions, and
procedures which shall be made known to all employees, and a formal grievance procedure.
(G) A program to provide services to deal with mental health, alcohol abuse, drug abuse, and
other employee problems, and which ensures employee confidentiality.
(H) A formal policy statement regarding the use and accrual of sick and annual leave which
shall be made known to all employees, and which is consistent with the other requirements of
this section.
(d) Implementation of personnel management system
(1) Development of plan
The Architect of the Capitol shall—
(A) develop a plan for the establishment and maintenance of a personnel management system
designed to achieve the requirements of subsection (c);
(B) submit the plan to the Speaker of the House of Representatives, the House Office
Building Commission, the Committee on Rules and Administration of the Senate, the Joint
Committee on the Library, and the Committees on Appropriations of the Senate and the House
of Representatives not later than 12 months after July 22, 1994; and
(C) implement the plan not later than 90 days after the plan is submitted to the Speaker of the
House of Representatives, the House Office Building Commission, the Committee on Rules and
Administration of the Senate, the Joint Committee on the Library, and the Committees on
Appropriations of the Senate and the House of Representatives, as specified in subparagraph
(B).
(2) Evaluation and reporting
The Architect of the Capitol shall develop a system of oversight and evaluation to ensure that
the personnel management system of the Architect of the Capitol achieves the requirements of
subsection (c) and complies with all other relevant laws, rules and regulations. The Architect of
the Capitol shall report to the Speaker of the House of Representatives, the House Office Building
Commission, the Committee on Rules and Administration of the Senate, and the Joint Committee
on the Library on an annual basis the results of its evaluation under this subsection.
(3) Application of laws
Nothing in this section shall be construed to alter or supersede any other provision of law
otherwise applicable to the Architect of the Capitol or its employees, unless expressly provided in
this section.
(Pub. L. 103–283, title III, §312, July 22, 1994, 108 Stat. 1443; Pub. L. 104–1, title V, §504(c)(1),
Jan. 23, 1995, 109 Stat. 41.)
EDITORIAL NOTES
CODIFICATION
Section was classified to section 166b–7 of former Title 40, prior to the enactment of Title 40, Public
[Release Point 118-70]
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is comprised of section 312 of Pub. L. 103–283. Subsec. (f) of section 312 of Pub. L. 103–283
amended sections 60m, 1201, 1205, and 1212 of this title.
AMENDMENTS
1995—Subsec. (e). Pub. L. 104–1 struck out subsec. (e) which related to processing of discrimination
complaints.
STATUTORY NOTES AND RELATED SUBSIDIARIES
SAVINGS PROVISION
Pub. L. 104–1, title V, §504(c)(1), Jan. 23, 1995, 109 Stat. 41, provided in part that subsec. (e) of this
section is repealed, except as provided in section 1435 of this title.
FLEXIBLE WORK SCHEDULES
Pub. L. 110–161, div. H, title I, §1302, Dec. 26, 2007, 121 Stat. 2242, as amended by Pub. L. 110–437, | §1831. Human resources program | 1994-07-22T00:00:00 | bd008d551e2bf412a0e57161fe93c878136ab9de449c5b5d200356b39be82657 |
US House of Representatives | 2, 28, §1832 | Notwithstanding any other provisions of law, in order to improve the economic use of the personal
services of his employees, the Architect of the Capitol is authorized on and after October 12, 1979,
to assign and reassign, without increase or decrease in basic salary or wages, any person on the
employment rolls of his Office, for personal services in any buildings, facilities or grounds under his
jurisdiction or for personal services in connection with any project under his jurisdiction for which
appropriations have been made and are available, whenever such action, in his opinion, will be most
advantageous to the interest of or result in either specific or overall savings to the Government.
Exceptions may be made where there are differences in equipment. No assignment or reassignment
of personnel by the Architect of the Capitol pursuant to this provision shall operate in any respect to
augment or decrease any general or specific appropriation.
(Pub. L. 96–86, §101(c), Oct. 12, 1979, 93 Stat. 657; Pub. L. 100–202, §106, Dec. 22, 1987, 101
Stat. 1329–433.)
EDITORIAL NOTES
CODIFICATION
Section was classified to section 166b–6 of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is based on section 102 of title I of H.R. 4390 (Legislative Branch Appropriation Act, 1980), as
incorporated by reference by section 101(c) of Pub. L. 96–86, and enacted into law by section 106 of Pub. L.
100–202.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Pub. L. 100–202, §106, Dec. 22, 1987, 101 Stat. 1329–433, provided in part that this section is effective on
date of enactment [Oct. 12, 1979] of the "pertinent joint resolution" making continuing appropriations for
fiscal year 1980 [Pub. L. 96–86]. | §1832. Assignment and reassignment of personnel | 1979-10-12T00:00:00 | 0698e15205c8f2abe99d12a1f56cfb9893862aeef2708c7bcf95e313fed2dde1 |
US House of Representatives | 2, 28, §1833 | The electrician, together with everything pertaining to the electrical machinery and apparatus, and
the ventilation and heating of the House of Representatives, and all laborers and others connected
with the lighting, heating, and ventilating thereof, shall be subject exclusively to the orders, and in all
respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and
no removal or appointment shall be made except with his approval. And all engineers and others who
[Release Point 118-70]
are engaged in heating and ventilating the House shall be subject to the orders, and in all respects
under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no
removal or appointment shall be made except with his approval.
(Mar. 3, 1877, ch. 105, 19 Stat. 348; Mar. 3, 1881, ch. 130, §1, 21 Stat. 388.)
EDITORIAL NOTES
CODIFICATION
Section was classified to section 167 of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section, except the words "and the ventilation and heating of the House of Representatives," is based on act
Mar. 3, 1881, popularly known as the "Legislative, Executive, and Judicial Appropriation Act". The excepted
words were based on act Mar. 3, 1877, popularly known as the "Sundry Civil Appropriation Act, fiscal year
1878".
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior
Provisions and Change of Name notes set out under former section 1801 of this title. | §1833. Lighting, heating, and ventilating House of Representatives | 2024-07-12T00:00:00 | 1f6aecae14b9ea32698e647c0541e6918379f18c8fe2f427b771943ea1e36ebe |
US House of Representatives | 2, 28, §1834 | All engineers and others who are engaged in heating and ventilating the Senate wing of the
Capitol shall be subject to the orders and in all respects under the direction of the Architect of the
Capitol, subject to the approval of the Senate Committee on Rules and Administration.
(July 11, 1888, ch. 615, 25 Stat. 258; Aug. 2, 1946, ch. 753, title I, §102, title II, §224, 60 Stat. 814,
838.)
EDITORIAL NOTES
CODIFICATION
Section was classified to section 168 of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is based on act July 11, 1888, popularly known as the "Legislative, Executive, and Judicial
Appropriation Act July 11, 1888, fiscal year 1889".
AMENDMENTS
1946—Act Aug. 2, 1946, substituted "Committee on Rules and Administration" for "Committee on Rules".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1946 AMENDMENT
Act Aug. 2, 1946, ch. 753, title I, §142, 60 Stat. 834, provided that section 102 of that act shall take effect
on Jan. 2, 1947, and section 245 of title II of that act, 60 Stat. 839, provided that section 224 thereof shall
"take effect on the day on which the Eightieth Congress convenes". The Eightieth Congress convened on Jan.
3, 1947. | §1834. Heating and ventilating Senate wing | 1888-07-11T00:00:00 | adba396ac6e3afa6aafddf0ff0f1ccbba2205b211fff46347bf33891c4cbb344 |
US House of Representatives | 2, 28, §1835 | (a) Authorizing details of employees under joint agency agreements
In addition to any other authority relating to the detail of employees, the Architect of the Capitol
[Release Point 118-70]
and the head of any other department, agency, or instrumentality of the United States Government
may enter into a joint agency agreement under which—
(1) employees of the Office of the Architect of the Capitol (including employees of the United
States Botanic Garden) may be detailed to such department, agency, or instrumentality on a
reimbursable or non-reimbursable basis; and
(2) employees of such department, agency, or instrumentality may be detailed to the Office of
the Architect of the Capitol on a reimbursable or non-reimbursable basis.
(b) Duration
The detail of an employee under a joint agency agreement under this section shall be for such
duration as may be provided in the agreement, except that in the case of a detail made on a
non-reimbursable basis, the duration of the detail may not exceed one year unless the Architect of the
Capitol and the head of the department, agency, or instrumentality involved each determine that an
extension of the detail of the employee is in the public interest.
(c) No effect on appropriations of recipient of non-reimbursable detail
For purposes of any law, rule, or regulation, the detail of an employee on a non-reimbursable basis
under a joint agency agreement under this section for a fiscal year shall not be treated as an increase
or modification of the appropriation for the fiscal year of the office to whom the employee is
detailed.
(d) Effective date
This section shall apply with respect to fiscal year 2019 and each succeeding fiscal year.
(Pub. L. 115–244, div. B, title I, §134, Sept. 21, 2018, 132 Stat. 2936.)
PART B—COMPENSATION | §1835. Interagency details | 2024-07-12T00:00:00 | 70688773c03cbb70bd6d77dd2cabc19f65b61735f0e6529ce64786d15d7cc4ad |
US House of Representatives | 2, 28, §1841 | Whenever the rate of pay of—
(1) an employee of the Office of the Architect of the Capitol; or
(2) an employee of the House Restaurant, or of the Senate Restaurant, under the supervision of
the Architect of the Capitol as an agent of the House or Senate, respectively, as the case may be;
is fixed or adjusted on or after the effective date of this section, that rate, as so fixed and adjusted,
shall be a single per annum gross rate.
(Pub. L. 91–510, title IV, §481, Oct. 26, 1970, 84 Stat. 1196.)
EDITORIAL NOTES
REFERENCES IN TEXT
The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See
section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of
this title.
CODIFICATION
Section was classified to section 166b–1a of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. | §1841. Single per annum gross rates of pay | 2024-07-12T00:00:00 | d6a8491870aa7c108a239372a2c9e143c5fb9e3cd6fe037ede7ee9c9eb7d119f |
US House of Representatives | 2, 28, §1842 | [Release Point 118-70]
The Architect of the Capitol shall convert, as of the effective date of this section, to a single per
annum gross rate, the rate of pay of each employee described in subparagraph (1) or subparagraph
(2) of section 1841 of this title, whose pay immediately prior to such effective date was fixed at a
basic rate with respect to which additional pay was payable by law.
(Pub. L. 91–510, title IV, §482, Oct. 26, 1970, 84 Stat. 1196.)
EDITORIAL NOTES
REFERENCES IN TEXT
The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See
section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of
this title.
CODIFICATION
Section was classified to section 166b–1b of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. | §1842. Conversion of existing pay rates | 2024-07-12T00:00:00 | f3cbd8a754c6957c889b4f0f9478b85558aa84f714676b2b1781cc41c6dc1d02 |
US House of Representatives | 2, 28, §1843 | In any case in which—
(1) the rate of pay of, or any maximum or minimum rate of pay with respect to—
(A) any employee described in subparagraph (1) or subparagraph (2) of section 1841 of this
title, or
(B) the position of such employee, or
(C) any class or group of such employees or positions,
is referred to in or provided by statute or other authority; and
(2) the rate so referred to or provided is a basic rate with respect to which additional pay is
provided by law;
such statutory provision or authority shall be deemed to refer, in lieu of such basic rate, to the per
annum gross rate which an employee receiving such basic rate immediately prior to the effective date
of this section would receive, without regard to such statutory provision or authority, under section
1842 of this title on and after such date.
(Pub. L. 91–510, title IV, §483, Oct. 26, 1970, 84 Stat. 1196.)
EDITORIAL NOTES
REFERENCES IN TEXT
The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See
section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of
this title.
CODIFICATION
Section was classified to section 166b–1c of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. | §1843. Obsolete references | 2024-07-12T00:00:00 | f0c17ed9f8a036744975ff867e7e10fd1b1e8ad3e619c760e46d3b4fa6fc5caa |
US House of Representatives | 2, 28, §1844 | The provisions of sections 1841 to 1846 of this title shall not be construed to—
(1) limit or otherwise affect any authority for the making of any appointment to, or for fixing or
adjusting the pay for, the position of any employee described in subparagraph (1) or subparagraph
(2) of section 1841 of this title;
[Release Point 118-70]
(2) affect the continuity of employment of, or reduce the pay of, any employee holding any
position referred to in subparagraph (1) of this section; or
(3) modify, change, supersede, or otherwise affect the provisions of sections 5504 and
6101(a)(5) of title 5, insofar as such sections relate to the Office of the Architect of the Capitol.
(Pub. L. 91–510, title IV, §484, Oct. 26, 1970, 84 Stat. 1197.)
EDITORIAL NOTES
CODIFICATION
Section was classified to section 166b–1d of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as
an Effective Date of 1970 Amendment note under section 4301 of this title. | §1844. Savings provisions | 2024-07-12T00:00:00 | e5eb9314762e98a99a8d2be516603538af10a3d701e9dd586dfbe5c409334669 |
US House of Representatives | 2, 28, §1845 | (a) All provisions of law inconsistent with sections 1841 to 1846 of this title are hereby superseded
to the extent of the inconsistency.
(b) Sections 5504 and 6101(a)(5) of title 5 shall apply to employees of the House and Senate
Restaurants who are paid at per annum rates of pay as long as such employees are under the
supervision of the Architect of the Capitol as an agent of the House or Senate, respectively, as the
case may be.
(Pub. L. 91–510, title IV, §485, Oct. 26, 1970, 84 Stat. 1197.)
EDITORIAL NOTES
CODIFICATION
Section was classified to section 166b–1e of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as
an Effective Date of 1970 Amendment note under section 4301 of this title. | §1845. Effect on existing law | 2024-07-12T00:00:00 | 5d5e63adbd6e91a24ca18d00864a309e37b3d50c4bf672cf287da92d51c336ff |
US House of Representatives | 2, 28, §1846 | Notwithstanding any other provision of sections 1841 to 1846 of this title, the foregoing
provisions of such sections do not apply to any employee described in section 1841 of this title
whose pay is fixed and adjusted—
(1) in accordance with chapter 51, and subchapter III of chapter 53, of title 5, relating to
classification and General Schedule pay rates;
(2) in accordance with subchapter IV of chapter 53 of title 5, relating to prevailing rate pay
systems;
(3) at per hour or per diem rates in accordance with section 3 of the Legislative Pay Act of
1929, as amended (46 Stat. 38; 55 Stat. 615), relating to employees performing professional and
technical services for the Architect of the Capitol in connection with construction projects and
[Release Point 118-70]
employees under the Office of the Architect of the Capitol whose tenure of employment is
temporary or of uncertain duration; or
(4) in accordance with prevailing rates under authority of sections 2042 to 2047 of this title, or
section 208 of the First Supplemental Civil Functions Appropriation Act, 1941 (54 Stat. 1056;
Public, No. 812, Seventy-sixth Congress), relating to the duties of the Architect of the Capitol with
respect to the House of Representatives Restaurant.
(Pub. L. 91–510, title IV, §486, Oct. 26, 1970, 84 Stat. 1197.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 3 of the Legislative Pay Act of 1929, referred to in par. (3), amended section 2 of the Classification
Act of 1923, which was classified to section 662 of former Title 5, Executive Departments and Government
Officers and Employees. The Classification Act of 1923 was repealed and superseded by the Classification
Act of 1949, Oct. 28, 1949, ch. 782, 63 Stat. 954, 972. The amendment of section 3 of the Legislative Pay Act
of 1929 made by act Aug. 1, 1941, §6, 55 Stat. 615, was not repealed by the Classification Act of 1949. See
section 1202(7), 63 Stat. 973.
Section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, referred to in par. (4),
means section 208 of act Oct. 9, 1940, ch. 780, title II, 54 Stat. 1056, which was classified to section 174k of
former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 104–186, title II, | §1846. Exemptions | 2024-07-12T00:00:00 | e9958bb80c14845df70b3ab90febc076c7e47b4c533e79cb2bb16da0edc37d84 |
US House of Representatives | 2, 28, §1847 | On and after August 21, 1959, the Architect of the Capitol is authorized, without regard to chapter
51 and subchapter III of chapter 53 of title 5, to fix the compensation of four positions under the
appropriation "Salaries, Office of the Architect of the Capitol", of two positions under the
appropriation "Capitol Buildings", and of one position under the appropriation "House Office
Buildings" at a basic rate of $8,200 per annum each:
, That this provision shall not be
Provided
applicable to the positions of Architect or Assistant Architect.
On and after August 21, 1959, the Architect of the Capitol is authorized, without regard to chapter
51 and subchapter III of chapter 53 of title 5, to fix the compensation of one position under the
appropriation "Senate Office Buildings", at a basic rate of $8,200 per annum.
(Pub. L. 86–176, Aug. 21, 1959, 73 Stat. 407; Pub. L. 89–309, ch. VII, Oct. 31, 1965, 79 Stat. 1147;
Pub. L. 90–206, title II, §214(p), Dec. 16, 1967, 81 Stat. 638; Pub. L. 90–239, ch. IV, Jan. 2, 1968,
81 Stat. 775; Pub. L. 94–157, title I, ch. IV, Dec. 18, 1975, 89 Stat. 835; Pub. L. 101–163, title I, | §1847. Authorization to fix basic rate of compensation for certain positions | 1959-08-21T00:00:00 | df1fd78ffb5e426aa89c1f43261b7bb674a502d50191a82a13f40e1aefab6897 |
US House of Representatives | 2, 28, §1848 | (a) Amount of compensation to be that specified in appropriations Acts
Notwithstanding any other provision of law, the pay for positions described in subsection (b) shall
be the amounts specified for such positions in appropriations Acts.
(b) Positions covered
The positions referred to in subsection (a) are—
(1) the position of assistant referred to in the proviso in the first undesignated paragraph under
the center subheadings "
" and "
"
OFFICE OF THE ARCHITECT OF THE CAPITOL
SALARIES
in the first section of the Legislative Branch Appropriation Act, 1971 [2 U.S.C. 1804], and
1
(2) the eight positions provided for in the third and fourth undesignated paragraphs under the
center subheadings "
" and "
" in
OFFICE OF THE ARCHITECT OF THE CAPITOL
SALARIES
the first section of the Legislative Branch Appropriation Act, 1960 [2 U.S.C. 1847].
(c) Calculation of amounts
The pay for each position described in subsection (b) shall be the pay payable for such position
with respect to the last pay period before this section takes effect, subject to any applicable
adjustment during fiscal year 1988 under, or by reference to any applicable adjustment during fiscal
year 1988 under, subchapter I of chapter 53 of title 5.
(d) Effective date
This section shall apply in fiscal years beginning after September 30, 1987, with respect to pay
periods beginning after December 22, 1987.
(Pub. L. 100–202, §101(i) [title III, §308], Dec. 22, 1987, 101 Stat. 1329–290, 1329–309; Pub. L.
101–163, title I, §106(e), Nov. 21, 1989, 103 Stat. 1057.)
EDITORIAL NOTES
REFERENCES IN TEXT
[Release Point 118-70]
The first undesignated paragraph under the center subheadings "OFFICE OF THE ARCHITECT OF THE
" and "
" in the first section of the Legislative Branch Appropriation Act, 1971, referred
CAPITOL
SALARIES
to in subsec. (b)(1), was classified to section 1804 of this title prior to repeal by Pub. L. 118–31, div. E, title
LVII, §5704(d), Dec. 22, 2023, 137 Stat. 962. See section 1805a of this title.
CODIFICATION
Section was classified to section 166b–3a of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
AMENDMENTS
1989—Subsec. (b). Pub. L. 101–163 amended subsec. (b) generally. Prior to amendment, subsec. (b) read
as follows: "The positions referred to in subsection (a) of this section are: (1) the two positions of assistant
referred to in the proviso in the first undesignated paragraph under the center subheadings 'OFFICE OF THE
' and '
' in the Legislative Branch Appropriation Act, 1971 (40
ARCHITECT OF THE CAPITOL
SALARIES
U.S.C. 164a), and (2) the seven positions provided for in the third and fourth undesignated paragraphs under
the center subheadings '
' and '
' in the
OFFICE OF THE ARCHITECT OF THE CAPITOL
SALARIES
Legislative Branch Appropriation Act, 1960 (40 U.S.C. 166b–3)."
STATUTORY NOTES AND RELATED SUBSIDIARIES
COMPENSATION OF ASSISTANT ARCHITECT OF THE CAPITOL
Pub. L. 108–7, div. H, title I, §1206, Feb. 20, 2003, 117 Stat. 375, provided that: "Notwithstanding any
other provision of law, the compensation of the Assistant Architect who is incumbent in that position when the
position of Assistant Architect is abolished shall not be reduced so long as the former Assistant Architect is
employed at the Office of the Architect of the Capitol. Whenever the Architect of the Capitol receives a pay
adjustment after the date of enactment of this section [Feb. 20, 2003], the compensation of such former
Assistant Architect shall be adjusted by the same percentage as the compensation of the Architect of the
Capitol. The authority granted in this section shall be in addition to the authority the Architect of the Capitol
has in section 129(c)(1)(A) of the Legislative Branch Appropriations Act, 2002 [amending 2 U.S.C. 1849], as
amended by this Act [see former 2 U.S.C. 1805(e)(3)], to fix the rate of basic pay for not more than 15
positions at a rate not to exceed the highest total rate of pay for the Senior Executive Service under subchapter
VIII of chapter 53 of title 5, United States Code, for the locality involved."
Pub. L. 107–68, title I, §129(b), Nov. 12, 2001, 115 Stat. 580, provided that: "Pursuant to the authority
described in section 308(a) of the Legislative Branch Appropriations Act, 1988 (40 U.S.C. 166b–3a(a)) [now
2 U.S.C. 1848(a)], the pay for the position of assistant referred to in the proviso in the first undesignated
paragraph under the center subheadings 'Office of the Architect of the Capitol' and 'salaries' in the first section
of the Legislative Branch Appropriation Act, 1971 (40 U.S.C. 164a) [now 2 U.S.C. 1804] shall be an amount
equal to $1,000 less than the annual rate of pay for the Architect of the Capitol."
See References in Text note below.
1 | §1848. Compensation of certain positions in Office of Architect of the Capitol | 1987-12-22T00:00:00 | c2b9cf8d63584a24839abf53140f4aadcfcb1171825cdef3e4446b5ac179abba |
US House of Representatives | 2, 28, §1849 | Capitol
The Architect of the Capitol may fix the rate of basic pay for not more than 32 positions at a rate
not to exceed the highest total rate of pay for the Senior Executive Service under subchapter VIII of
chapter 53 of title 5 for the locality involved.
(Pub. L. 101–520, title I, §108, Nov. 5, 1990, 104 Stat. 2268; Pub. L. 102–90, title I, §104, Aug. 14,
1991, 105 Stat. 459; Pub. L. 105–55, title III, §311(a), (b), Oct. 7, 1997, 111 Stat. 1201; Pub. L.
107–68, title I, §129(c)(1), Nov. 12, 2001, 115 Stat. 580; Pub. L. 107–117, div. B, §914(a), Jan. 10,
2002, 115 Stat. 2324; Pub. L. 109–55, title I, §1201(a), Aug. 2, 2005, 119 Stat. 579; Pub. L.
111–316, §1(a), Dec. 18, 2010, 124 Stat. 3452.)
EDITORIAL NOTES
[Release Point 118-70]
CODIFICATION
Section was classified to section 166b–3b of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
AMENDMENTS
2010—Pub. L. 111–316 amended section generally. Prior to amendment, section related to compensation of
certain positions under jurisdiction of Architect of the Capitol, specifying twelve positions fixed in relation to
Senior Executive Service, nine positions fixed in relation to the General Schedule, and four positions for
Executive Project Directors.
2005—Subsec. (b). Pub. L. 109–55 substituted "9 positions" for "8 positions".
2002—Subsec. (c). Pub. L. 107–117 added subsec. (c).
2001—Subsec. (a). Pub. L. 107–68, §129(c)(1)(A), added subsec. (a) and struck out former subsec. (a)
which read as follows: "Effective as of the first day of the first applicable pay period beginning on or after
November 5, 1990, the compensation of the Director of Engineering (under the Architect of the Capitol) shall
be equal to such rate as the Architect considers appropriate, not to exceed 90 percent of the highest total rate
of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved."
Subsecs. (b), (c). Pub. L. 107–68, §129(c)(1), redesignated subsec. (c) as (b) and struck out former subsec.
(b) which read as follows:
"(1) Effective beginning with any pay period beginning on or after November 5, 1990, the Architect of the
Capitol may fix the rate of basic pay—
"(A) for not more than one of the positions under paragraph (2) at a rate not to exceed 90 percent of the
highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality
involved; and
"(B) for any other position under paragraph (2), at such rate as the Architect considers appropriate for
such position, not to exceed 85 percent of the highest total rate of pay for the Senior Executive Service
under chapter 53 of title 5 for the locality involved.
"(2) Authority under paragraph (1) may be exercised with respect to any of the following positions under
the jurisdiction of the Architect of the Capitol:
"(A) The Senior Landscape Architect.
"(B) The Administrative Assistant.
"(C) The Executive Officer.
"(D) The Budget Officer.
"(E) The General Counsel.
"(F) The Superintendent of the Senate Office Buildings.
"(G) The Superintendent of the House Office Buildings.
"(H) The Supervising Engineer of the United States Capitol."
1997—Subsec. (a). Pub. L. 105–55, §311(a), substituted "such rate as the Architect considers appropriate,
not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of
title 5 for the locality involved" for "the rate of basic pay payable for level V of the Executive Schedule".
Subsec. (b)(1). Pub. L. 105–55, §311(b)(1), struck out at end "For purposes of the preceding sentence, 'the
maximum rate allowable for the Senior Executive Service' means the highest rate of basic pay that may be set
for the Senior Executive Service under section 5382(b) of title 5."
Subsec. (b)(1)(A), (B). Pub. L. 105–55, §311(b)(2), substituted "the highest total rate of pay for the Senior
Executive Service under chapter 53 of title 5 for the locality involved" for "the maximum rate allowable for
the Senior Executive Service".
1991—Subsec. (b)(1). Pub. L. 102–90, §104(a)(3), inserted sentence at end relating to maximum rate
allowable for Senior Executive Service.
Subsec. (b)(1)(A). Pub. L. 102–90, §104(a)(1), substituted "90 percent of the maximum rate allowable for
the Senior Executive Service;" for "the rate payable for grade GS–18 of the General Schedule;".
Subsec. (b)(1)(B). Pub. L. 102–90, §104(a)(2), substituted "85 percent of the maximum rate allowable for
the Senior Executive Service." for "the rate payable for step 2 of grade GS–17 of the General Schedule."
Subsec. (c). Pub. L. 102–90, §104(b), added subsec. (c).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–316 applicable with respect to pay periods beginning on or after Dec. 18, 2010,
[Release Point 118-70]
see section 1(c) of Pub. L. 111–316, set out as a note under section 1805 of this title.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–55, title I, §1201(b), Aug. 2, 2005, 119 Stat. 579, provided that: "The amendment made by
subsection (a) [amending this section] shall apply with respect to pay periods beginning on or after the date of
the enactment of this Act [Aug. 2, 2005]."
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–117, div. B, §914(b), Jan. 10, 2002, 115 Stat. 2324, provided that: "The amendment made by
subsection (a) [amending this section] shall apply with respect to pay periods beginning on or after October 1,
2001."
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107–68, title I, §129(c)(2), Nov. 12, 2001, 115 Stat. 580, provided that: "The amendment made by
paragraph (1) [amending this section] shall apply with respect to pay periods beginning on or after the
expiration of the 21-day period which begins on the date the Architect of the Capitol submits to the
Committees on Appropriations of the House of Representatives and Senate a list containing the 12 positions
for which the Architect will fix the rate of basic pay under the amendment, the rate of basic pay for each such
position, and the job description for each such position."
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105–55, title III, §311(c), Oct. 7, 1997, 111 Stat. 1202, provided that: "The amendments made by
this section [amending this section] shall apply with respect to pay periods beginning on or after January 1,
1998." | §1849. Compensation of certain positions under jurisdiction of Architect of the | 1990-11-05T00:00:00 | a0c40d48d36b30a89ff337690fb66dafe606ee982d871c866d46fac933faf7fd |
US House of Representatives | 2, 28, §1850 | Notwithstanding any other provision of law, effective on the first day of the first applicable pay
period which begins on or after December 27, 1974, the positions of registered nurses compensated
under appropriations for Capitol Buildings, Senate Office Buildings, and House Office Buildings,
shall be allocated by the Architect of the Capitol at not to exceed grade 12 of the General Schedule.
Notwithstanding any other provision of law, effective January 1, 1975, none of the funds
appropriated to the Architect of the Capitol shall thereafter be available for any nursing position
unless the position is occupied by a Registered Nurse:
, That such provision shall not be
Provided
applicable to the present incumbents of such positions.
(Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 101–520, title I, §109, Nov. 5,
1990, 104 Stat. 2269; Pub. L. 103–283, title I, §103, July 22, 1994, 108 Stat. 1435.)
EDITORIAL NOTES
REFERENCES IN TEXT
The General Schedule, referred to in text, is set out under section 5332 of Title 5, Government Organization
and Employees.
CODIFICATION
Section was classified to section 166b–2 of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
AMENDMENTS
1994—Pub. L. 103–283 substituted "at not to exceed grade 12" for "to grade 11" in first par.
1990—Pub. L. 101–520 substituted "grade 11" for "grade 10" and struck out "and compensated initially at
the same steps in such grade, currently in effect for their present grades, so long as such positions are held by
the present incumbents" after "General Schedule" in first par. | §1850. Compensation of registered nurses | 1994-07-22T00:00:00 | 9dec38bbb75327a0c444fa721061285ad8096cdc73ae96eb2d9dd3cf0a09ee1b |
US House of Representatives | 2, 28, §1851 | [Release Point 118-70]
Until otherwise provided by law, there is authorized to be paid out of the applicable accounts of
the House of Representatives, on vouchers signed by the chairman of the Committee on House
Oversight, a gratuity to the widow, widower, or heirs-at-law, of each deceased employee under the
jurisdiction of the Architect of the Capitol who was assigned to duty in the House of Representatives
at the time of his death. The payment of each such gratuity shall be in accordance with uniform rules
and regulations adopted by the Committee on House Oversight except that no such gratuity shall be
in excess of that payable to the widow, widower, or heirs-at-law of any deceased employee under the
jurisdiction of the Architect of the Capitol having a comparable length of service, who was assigned
to similar duties in the Senate at the time of his death.
(Pub. L. 88–454, §103, Aug. 20, 1964, 78 Stat. 550; Pub. L. 104–186, title II, §221(1), Aug. 20,
1996, 110 Stat. 1748.)
EDITORIAL NOTES
CODIFICATION
Section was classified to section 166b–4 of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
Section is based on House Resolution No. 291, June 18, 1963, which was enacted into permanent law by
Pub. L. 88–454.
AMENDMENTS
1996—Pub. L. 104–186 substituted "applicable accounts" for "contingent fund" and substituted "House
Oversight" for "House Administration" in two places.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Committee on House Oversight of House of Representatives changed to Committee on House
Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6,
1999. | §1851. Gratuities for survivors of deceased employees | 1963-06-18T00:00:00 | 67518b90edaf6da89918b11454c5007a06bab32ebf59899df4f740e627b57f42 |
US House of Representatives | 2, 28, §1852 | (a) Agreement by Architect with appropriate State official; covered individuals
Whenever—
(1) the law of any State provides for the collection of an income tax by imposing upon
employers generally the duty of withholding sums from the compensation of employees and
remitting such sums to the authorities of such State; and
(2) such duty to withhold is imposed generally with respect to the compensation of employees
who are residents of such State;
then the Architect of the Capitol is authorized, in accordance with the provisions of this section, to
enter into an agreement with the appropriate official of that State to provide for the withholding and
remittance of sums for individuals—
(A) employed by the Office of the Architect of the Capitol, the United States Botanic Garden,
or the Senate Restaurant; and
(B) who request the Architect to make such withholdings for remittance to that State.
(b) Number of remittances authorized
Any agreement entered into under subsection (a) of this section shall not require the Architect to
remit such sums more often than once each calendar quarter.
(c) Requests for withholding and remittance; amount of withholding; number and effective
date of requests; change of designated State; revocation of request; rules and regulations
[Release Point 118-70]
(1) An individual employed by the Office of the Architect of the Capitol, the United States
Botanic Garden, or the Senate Restaurant may request the Architect to withhold sums from his pay
for remittance to the appropriate authorities of the State that he designates. Amounts of withholdings
shall be made in accordance with those provisions of the law of that State which apply generally to
withholding by employers.
(2) An individual may have in effect at any time only one request for withholdings, and he may
not have more than two such requests in effect with respect to different States during any one
calendar year. The request for withholdings is effective on the first day of the first pay period
commencing on or after the day on which the request is received in the Office of the Architect, the
Botanic Garden Office, or the Senate Restaurant Accounting Office except that—
(A) when the Architect first enters into an agreement with a State, a request for withholdings
shall be effective on such date as the Architect may determine; and
(B) when an individual first receives an appointment, the request shall be effective on the day of
appointment, if the individual makes the request at the time of appointment.
(3) An individual may change the State designated by him for the purposes of having withholdings
made and request that the withholdings be remitted in accordance with such change, and he may also
revoke his request for withholdings. Any change in the State designated or revocation is effective on
the first day of the first pay period commencing on or after the day on which the request for change
or the revocation is received in the appropriate office.
(4) The Architect is authorized to issue rules and regulations he considers appropriate in carrying
out this subsection.
(d) Time or times of agreements by Architect
The Architect may enter into agreements under subsection (a) of this section at such time or times
as he considers appropriate.
(e) Provisions as not imposing duty, burden, requirement or penalty upon United States or any
officer or employee of United States
This section imposes no duty, burden, or requirement upon the United States, or any officer or
employee of the United States, except as specifically provided in this section. Nothing in this section
shall be deemed to consent to the application of any provision of law which has the effect of
subjecting the United States, or any officer or employee of the United States to any penalty or
liability by reason of the provisions of this section.
(f) "State" defined
For the purposes of this section, "State" means any of the States of the United States.
(Pub. L. 94–59, title V, §501, July 25, 1975, 89 Stat. 290.)
EDITORIAL NOTES
CODIFICATION
Section was classified to section 166b–5 of former Title 40, prior to the enactment of Title 40, Public
Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. | §1852. Withholding and remittance of State income tax | 1975-07-25T00:00:00 | d83c09fca6506d778907bd28cac6f249a1c7557a2cc1db8393c747a8e7758b72 |
US House of Representatives | 2, 28, §1853 | Federal pay provisions
The classes of employees whose compensation is authorized by section 3 of the Legislative Pay
Act of 1929, as amended (46 Stat. 38; 55 Stat. 615), to be fixed by the Architect of the Capitol
without regard to the Classification Act of 1923, as amended, are authorized to be compensated
without regard to chapter 51 and subchapter III of chapter 53 of title 5.
(Oct. 28, 1949, ch. 782, title II, §204(a), 63 Stat. 957.)
[Release Point 118-70]
EDITORIAL NOTES
REFERENCES IN TEXT
Section 3 of the Legislative Pay Act of 1929, as amended (40 Stat. 38; 55 Stat. 615), referred to in text,
which was an amendment of the Classification Act of 1923 and which was classified to section 662 of former
Title 5, Executive Departments and Government Officers and Employees, was repealed by section 1202 of the
Classification Act of 1949, Oct. 28, 1949, ch. 782, 63 Stat. 972.
The Classification Act of 1923, referred to in text, is act Mar. 4, 1923, ch. 265, 42 Stat. 1488, as amended,
which was classified to section 661 et seq. of such former Title 5, and was repealed by section 1202 of the
Classification Act of 1949.
CODIFICATION
Section was formerly classified to section 60e–2a of this title prior to editorial reclassification and
renumbering as this section.
Section is comprised of section 204(a) of act Oct. 28, 1949. Subsections (b) and (c) of such section were
repealed by Pub. L. 89–554, §8, Sept. 6, 1966, 80 Stat. 655, and reenacted as sections 5102(d) and 5103 of
Title 5, Government Organization and Employees.
Section was classified to section 1084(a) of Title 5 prior to the general revision and enactment of Title 5 by
Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.
"Chapter 51 and subchapter III of chapter 53 of title 5" substituted in text for "this Act", referring to the
Classification Act of 1949, on authority of section 7(b) of Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 631, section
1 of which enacted Title 5. | §1853. Exemption of officers and employees of Architect of Capitol from certain | 2024-07-12T00:00:00 | cd024a7d66d40683768b3a16600c5c9c61a12a937865be2a63b9738327426e12 |
US House of Representatives | 2, 28, §1854 | For overtime pay purposes, per diem and per hour employees under the Office of the Architect of
the Capitol not subject to chapter 51 and subchapter III of chapter 53 of title 5, shall be regarded as
subject to the provisions of sections 5544(a) and 6102 of title 5, and sections 60e–3 and 60e–4 of this
title shall not be applicable to such employees.
(June 30, 1945, ch. 212, title V, §503, 59 Stat. 301; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63
Stat. 972.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 6102 of title 5, referred to in text, was repealed by Pub. L. 92–392, §7(a), Aug. 19, 1972, 86 Stat.
573, and reenacted as section 6101(a)(1) of Title 5, Government Organization and Employees.
Sections 60e–3 and 60e–4 of this title, referred to in text, were omitted from the Code.
CODIFICATION
Section was formerly classified to section 60e–2b of this title prior to editorial reclassification and
renumbering as this section.
Section was classified to section 933 of Title 5 prior to the general revision and enactment of Title 5,
Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.
"Chapter 51 and subchapter III of chapter 53 of title 5" substituted in text for "the Classification Act of
1949, as amended", and "sections 5544(a) and 6102 of title 5" substituted for "section 23 of the Act of March
28, 1934 (U.S.C., 1940 edition, title 5, sec. 673c)", on authority of section 7(b) of Pub. L. 89–554, Sept. 6,
1966, 80 Stat. 631, section 1 of which enacted Title 5.
AMENDMENTS
1949—Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
STATUTORY NOTES AND RELATED SUBSIDIARIES
[Release Point 118-70]
REPEALS
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by
Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.
SUBCHAPTER IV—APPROPRIATIONS AND EXPENDITURES | §1854. Overtime compensation for certain employees of Architect of Capitol | 1945-06-30T00:00:00 | 03e18b88a2596e218674990b08c1dc98ac88f5a8a78f9ab8304085e4fb287cca |
US House of Representatives | 2, 28, §1861 | Appropriations under the control of the Architect of the Capitol shall be available for expenses of
advertising and personal and other services.
(Feb. 28, 1929, ch. 367, 45 Stat. 1395; June 6, 1930, ch. 407, 46 Stat. 513.)
EDITORIAL NOTES
CODIFICATION
Section was classified to section 689 of former Title 31, prior to the enactment of Title 31, Money and
Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877, and then to section 166a–1 of former Title 40,
prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21,
2002, 116 Stat. 1062.
Section consolidates provisions from the Legislative Branch Appropriation Acts for fiscal years 1930 and
1931. | §1861. Appropriations under control of Architect of the Capitol | 1930-06-06T00:00:00 | c2e34c9b936447181fde92b99d10be2d2f30b470d6f1e92c8495b346885b3216 |