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

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

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

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

(d) Administrative procedure regulations.

The select committee shall prescribe regulations for the holding of investigations and hearings, the conduct of proceedings, and the rendering of decisions under this subsection providing for equitable procedures and the protection of individual, public, and Government interests. The regulations shall, insofar as practicable, contain the substance of the administrative procedure provisions of sections 551559 and 701-706, of Title 5. These regulations shall govern matters under this subsection subject to judicial review thereof.

(e) Property of Senate; records of select committee; voting record; location of records, data, and files. The select committee shall keep a complete record of all its actions, including a record of the votes on any question on which a record vote is demanded. All records, data, and files of the select committee shall be the property of the Senate and shall be kept in the offices of the select committee or such other places as the committee may direct. (Pub. L. 93-191, § 6, Dec. 18, 1973, 87 Stat. 744, amended Pub. L. 93-255, § 3(b), Mar. 27, 1974, 88 Stat. 52.) AMENDMENTS

1974 Subsec. (a). Pub. L. 93-255 inserted reference to section 3219 of Title 39.

(c) Experts and consultants.

(d) Relationship to executive branch.

(e) Relationship to other agencies of Congress. (f) Appropriations.

602. Duties and functions.

(a) Assistance to budget committees.

(b) Assistance to committees on appropriations ways and means, and finance.

(c) Assistance to other committees and members.

(d) Assignment of office personnel to committees and joint committees.

(e) Transfer of functions of joint committee on reduction of federal expenditures.

(f) Reports to budget committees.

(g) Use of computers and other techniques.

603. Public access to budget data. (a) Right to copy.

(b) Index.

(c) Exceptions.

(d) Information obtained for Committees and members.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 31 section 1302.

§ 601. Establishment. (a) In General.

(1) There is established an office of the Congress to be known as the Congressional Budget Office (hereinafter in this chapter referred to as the "Office"). The Office shall be headed by a Director; and there shall be a Deputy Director who shall perform such duties as may be assigned to him by the Director and, during the absence or incapacity of the Director or during a vacancy in that office, shall act as Director.

(2) The Director shall be appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate after considering recommendations received from the Committees on the Budget of the House and the Senate, without regard to political affiliation and solely on the basis of his fitness to perform his duties. The Deputy Director shall be appointed by the Director.

(3) The term of office of the Director first appointed shall expire at noon on January 3, 1979, and

the terms of office of Directors subsequently appointed shall expire at noon on January 3 of each fourth year thereafter. Any individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of that term. An individual serving as Director at the expiration of a term may continue to serve until his successor is appointed. Any Deputy Director shall serve until the expiration of the term of office of the Director who appointed him (and until his successor is appointed), unless sooner removed by the Director. (4) The Director may be removed by either House by resolution.

(5) The Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as in effect from time to time, for level III of the Executive Schedule in section 5314 of Title 5. The Deputy Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as so in effect, for level IV of the Executive Schedule in section 5315 of such title.

(b) Personnel.

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

(c) Experts and consultants.

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

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

agency or commission is authorized to provide the Office such services, facilities, and personnel.

(e) Relationship to other agencies of Congress.

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

(f) Appropriations.

There are authorized to be appropriated to the Office for each fiscal year such sums as may be necessary to enable it to carry out its duties and functions. Until sums are first appropriated pursuant to the preceding sentence, but for a period not exceeding 12 months following the effective date of this subsection, the expenses of the Office shall be paid from the contingent fund of the Senate, in accordance with section 68 of this title, and upon vouchers approved by the Director. (Pub. L. 93-344, title II, § 201, July 12, 1974, 88 Stat. 392.)

EFFECTIVE DATE

Subsec. (a) effective July 12, 1974, see section 905(a) of Pub. L. 93-344, set out as a note under section 1301 of Title 31, Money and Finance.

Subsecs. (b)-(f) effective on the day on which the first Director of the Congressional Budget Office is appointed under subsec. (a), see section 905 (b) of Pub. L. 93-344, set out as a note under section 1301 of Title 31.

SHORT TITLE

Pub. L. 93-344, which enacted this chapter, to be cited in its entirety as the "Congressional Budget and Impoundment Control Act of 1974", with titles I through IX thereof to be cited as the "Congressional Budget Act of 1974", see section 1(a) of Pub. L. 93-344, set out as a note under section 1301 of Title 31, Money and Finance.

JOINT COMMITTEE ON ATOMIC ENERGY Members of the House of Representatives and of the Senate who are members of the Joint Committee on Atomic Energy to be treated as standing committees of the House of Representatives and of the Senate, respectively, for purposes of this chapter, see section 1302(b) of Title 31, Money and Finance.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 603 of this title. § 602. Duties and functions.

(a) Assistance to budget committees.

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

changing revenue conditions, and (3) such related information as such Committee may request.

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

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

(c) Assistance to other committees and members.

(1) At the request of any other committee of the House of Representatives or the Senate or any joint committee of the Congress, the Office shall provide to such committee or joint committee any information compiled in carrying out clauses (1) and (2) of subsection (a) of this section, and, to the extent practicable, such additional information related to the foregoing as may be requested.

(2) At the request of any Member of the House or Senate, the Office shall provide to such Member any information compiled in carrying out clauses (1) and (2) of subsection (a) of this section, and, to the extent available, such additional information related to the foregoing as may be requested.

(d) Assignment of office personnel to committees and joint committees.

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

(e) Transfer of functions of Joint Committee on Reduction of Federal Expenditures.

The duties, functions, and personnel of the Joint Committee on Reduction of Federal Expenditures are transferred to the Office, and the Joint Committee is abolished.

(f) Reports to Budget Committees.

(1) On or before April 1 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a report, for the fiscal year commencing on October 1 of that year, with respect to fiscal policy, including (A) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and deficits), and (B) the levels of tax expenditures under existing law, taking into account projected economic factors and any changes in such levels based on proposals in the budget submitted by the President for such fiscal year. Such report shall also include a discussion of national budget priorities, including alternative ways of allocating budget authority and budget outlays for such fiscal year among major programs or functional categories, taking into account how such alternative allocations will meet

major national needs and affect balanced growth and development of the United States.

(2) The Director shall from time to time submit to the Committees on the Budget of the House of Representatives and the Senate such further reports (including reports revising the report required by paragraph (1)) as may be necessary or appropriate to provide such Committees with information, data, and analyses for the performance of their duties and functions.

(g) Use of computers and other techniques.

The Director may equip the Office with up-to-date computer capability (upon approval of the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate), obtain the services of experts and consultants in computer technology, and develop techniques for the evaluation of budgetary requirements. (Pub. L. 93-344, title II, § 202(a)-(e) (1), (f), (g), July 12, 1974, 88 Stat. 304, 305.)

EFFECTIVE DATE

Section effective on the day on which the first Director of the Congressional Budget Office is appointed under section 601(a) of this title, see section 905(b) of Pub. L. 93-344, set out as a note under section 1301 of Title 31, Money and Finance.

CODIFICATION

Subsec. (e) (2) of section 202 of Pub. L. 93-344 repealed section 571 of Title 31, Money and Finance.

§ 603. Public access to budget data. (a) Right to copy.

Except as provided in subsections (c) and (d) of this section, the Director shall make all information, data, estimates, and statistics obtained under section 601(d) and (e) of this title available for public copying during normal business hours, subject to reasonable rules and regulations, and shall to the extent practicable, at the request of any person, furnish a copy of any such information, data, estimates, or statistics upon payment by such person of the cost of making and furnishing such copy. (b) Index.

The Director shall develop and maintain filing, coding, and indexing systems that identify the information, data, estimates, and statistics to which subsection (a) of this section applies and shall make such systems available for public use during normal business hours.

(c) Exceptions.

Subsection (a) of this section shall not apply to information, data, estimates, and statistics

(1) which are specifically exempted from disclosure by law; or

(2) which the Director determines will disclose

(A) matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign relations of the United States;

(B) information relating to trade secrets or financial or commercial information pertaining specifically to a given person if the information has been obtained by the Government on a confidential basis, other than through an application by such person for a specific financial or other benefit, and is required to be kept secret

in order to prevent undue injury to the competitive position of such person; or

(C) personnel or medical data or similar data the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

unless the portions containing such matters, information, or data have been excised.

(d) Information obtained for committees and members.

Subsection (a) of this section shall apply to any information, data, estimates, and statistics obtained

at the request of any committee, joint committee, or Member unless such committee, joint committee, or Member has instructed the Director not to make such information, data, estimates, or statistics available for public copying. (Pub. L. 93-344, title II, § 203, July 12, 1974, 88 Stat. 305.)

EFFECTIVE DATE

Section effective on the day on which the first Director of the Congressional Budget Office is appointed under section 601(a) of this title, see section 905 (b) of Pub. L. 93-344, set out as a note under section 1301 of Title 31, Money and Finance.

Chapter 1.-PRESIDENTIAL ELECTIONS AND

VACANCIES

FEDERAL ELECTION CAMPAIGNS

Disclosure of Federal campaign funds and general provisions, see section 431 et seq. of Title 2, The Congress.

FEDERAL ELECTION CRIMINAL PROVISIONS Definitions, promise of employment or other benefit for political activity, limitations on contributions and expenditures, contributions or expenditures by national banks, corporations or labor organizations, and contributions by Government contractors, see sections 591, 600, 608, 610, and 611 of Title 18, Crimes and Criminal Procedure.

§ 20. Resignation or refusal of office.

PRESIDENTIAL RECORDINGS AND MATERIALS PRESERVATION ACT For protection and preservation of tape recordings of conversations involving former President Richard M. Nixon, see sections 101 to 106 of Pub. L. 93-526, set out as a note under section 2107 of Title 44, Public Printing and Documents.

§ 21. Definitions.

TRANSFER OF FUNCTIONS

Section 401 of Reorganization Plan No. 3 of 1967, 32 F. R. 11669, 81 Stat. 948, transferred the functions of the Board of Commissioners, including functions of the President of the Board and all functions of each other member of the Board, including the executive power vested therein, to the Commissioner of the District of Columbia, except as provided by other sections of the Reorganization Plan. For provisions establishing the office of Commissioner of the District of Columbia and abolishing the Board of Commissioners, see sections 301 and 503 of the Plan, set out in the Appendix to Title 5. Government Organization and Employees. See, also, effective date note under such plan.

Chapter 2.-OFFICE AND COMPENSATION OF PRESIDENT

§ 101. Commencement of term of office.

EXCUTIVE OFFICE OF THE PRESIDENT

The statement on Organization and Functions of the Executive Office of the President, 14 F. R. 7856, as amended 17 F. R. 6204; 18 F. R. 5668, provides:

SEC. III. BUREAU OF THE BUDGET [OFFICE OF MANAGEMENT AND BUDGET] (A) GENERAL

The Bureau of the Budget [Office of Management and Budget] serves the President in the preparation and administration of the budget, in the review of legislation and Executive orders, in the improvement of administrative management and organization, and in the coordination and improvement of Federal statistics.

(B) APPROVAL OF COLLECTION OF INFORMATION Under the Federal Reports Act of 1942 [sections 35013511 of Title 44], no Federal agency, with specified exemptions, may collect identical information from ten or more respondents without the Bureau's [Office's] approval, which is indicated on the report form or questionnaire. This authority is exercised by the Assistant Director for Statistical Standards with assistance from an Advisory Council on Federal Reports representing national business organizations.

Page 67

SEC. VI. OFFICE OF DEFENSE MOBILIZATION [ABOLISHED]

The Office of Defense Mobilization directs, controls, and coordinates on behalf of the President all defense mobilization activities of the executive branch of the Government.

SEC. VII. OFFICE FOR EMERGENCY MANAGEMENT [INACTIVE] The Office for Emergency Management, when activiated assists the President in dealing with public emergencies. § 102. Compensation of the President.

OFFICIAL RECEPTION AND REPRESENTATION EXPENSES Section 301 of Pub. L. 92-351, title III, July 13, 1972, 86 Stat. 477, provided in part: "That not to exceed $10,000 shall be available for allocation within the Executive Office of the President for official reception and representation expenses."

Similar provisions were contained in Pub. L. 92-49, title III, § 301, July 9, 1971, 85 Stat. 113.

§ 104. Salary of the Vice President.

CROSS REFERENCES

Claims for overpayment of pay or allowances to the Vice President, see section 130c of Title 2, The Congress. § 105. Compensation of secretaries and executive, administrative, and staff assistants to President. ABOLISHMENT OF NATIONAL AERONAUTICS AND SPACE COUNCIL

The National Aeronautics and Space Council, including the office of Executive Secretary of the Council, together with the functions of the Council, was abolished by section 3(a) (4) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to Title 5, Government Organization and Employees.

§ 109. Public property in and belonging to Executive Mansion.

The steward, housekeeper, or such other employee of the Executive Mansion as the President may designate, shall under the direction of the President, have the charge and custody of and be responsible for the plate, furniture, and public property therein. A complete inventory, in proper books, shall be made annually in the month of June, under the direction of the Director of the National Park Service, of all the public property in and belonging to the Executive Mansion, showing when purchased, its cost, condition, and final disposition. This inventory shall be submitted to the President for his approval, and shall then be kept for reference in the office of the Director of the National Park Service, which shall furnish a copy thereof to the steward, housekeeper, or other employee responsible for the property. (As amended June 6, 1972, Pub. L. 92-310, title II, § 201, 86 Stat. 202.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which required a bond in the sum of $10,000 from the person having charge and custody of the plate, furniture and public property.