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(1) to require, retain, or maintain, with respect to its functions as an uninsured bank or uninsured institution or its functions referred to in subsection (b), any records or evidence of any type which the Secretary is authorized under section 21 of the Federal Deposit Insurance Act to require insured banks to require, retain, or maintain; and (2) to maintain procedures to assure compliance with requirements imposed under this chapter. For the purposes of any civil or criminal penalty, a separate violation of any requirement under this paragraph occurs with respect to each day and each separate office, branch, or place of business in which the violation occurs or continues. (b) The authority of the Secretary under this section extends to any person engaging in the business of carrying on any of the following functions: (1) Issuing or redeeming checks, money orders, travelers' checks, or similar instruments, except as an incident to the conduct of its own nonfinancial business. (2) Transferring funds or credits domestically or internationaly. (3) Operating a currency exchange or otherwise dealing in foreign currencies or credits. (4) Operating a credit card system. (5) Performing such similar, related, or substitute functions for any of the foregoing or for banking as may be specified by the Secretary in regulations. § 124. Injunctions Whenever it appears to the Secretary that any person has engaged, is engaged, or is about to engage in any acts or practices constituting a violation of any regulation under this chapter, he may in his discretion bring an action, in the proper district court of the United States or the proper United States court of any territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices, and upon a proper showing a permanent or temporary injunction or restraining order shall be granted without bond. Upon application of the Secretary, any such court may also issue mandatory injunctions commanding any person to comply with any regulation of the Secretary under this chapter. § 125. Civil penalties (a) For each willful violation of any regulation under this chapter, the Secretary may assess upon any person to which the regulation applies, and, if such person is a partnership, corporation, or other entity, upon any partner, director, officer, or employee thereof who willfully participates in the violation, a civil penalty not exceeding $1,000. (b) I n the event of the failure of any person to pay any penalty assersed under this section, a civil action for the recovery thereof may, in the discretion of the Secretary, be brought in the name of the United States.

iii.ffiD'3f^ H =

1117

Ante,

p. 1114.

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§126. Criminal penalty Whoever willfully violates any regulation under this chapter shall be fined not more than $1,000 or imprisoned not more than one year, or both. § 127. Additional criminal penalty in certain cases Whoever willfully violates any regulation under this chapter, secAnte, p. 1114. tion 21 of the Federal Deposit Insurance Act, or section 411 of the Ante, p. 1116. National Housing Act, where the violation is committed in furtherance of the commission of any violation of Federal law punishable by imprisonment for more than one year, shall be fined not more than $10,000 or imprisoned not more than five years, or both. § 128. Compliance The Secretary shall have the responsibility to assure compliance with the requirements of this title and may delegate such responsibility to the appropriate bank supervisory agency, or other supervisory agency. § 129. Administrative procedure The administrative procedure and judicial review provisions of 80 Stat. 381. subchapter II of chapter 5 and chapter 7 of title 5, United States Code, 5 USC 551,701. gjjg^jj apply to all proceedings under this chapter, section 21 of the Federal Deposit Insurance Act, and section 411 of the National Housing Act. TITLE II—EEPORTS OF CURRENCY AND FOREIGN TRANSACTIONS Chapter 1. 2. 3. 4.

Sec.

GENEKAL PROVISIONS DOMESTIC CTJRBENCY TRANSACTIONS REPORTS OF EXPORTS AND IMPORTS OP MONETARY INSTRUMENTS FOREIGN TRANSACTIONS

201 221 231 241

Chapter 1.—GENERAL PROVISIONS Sec. 201. 202. 203. 204. 205. 206. 207. 208. 209. 210. 211. 212. 213.

Citation of

Short title. Purpose. Definitions and rules of construction. Regulations. Compliance. Exemptions. Civil penalty. Injunctions. Criminal penalty. Additional criminal penalty in certain cases. I m m u n i t y of witnesses. Availability of information to other Federal agencies. Administrative procedure.

§201. Short title This title may be cited as the Currency and Foreign Transactions Reporting Act". §202. Purpose I t is the purpose of this title to require certain reports or records where such reports or records have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings. §203. Definitions and rules of construction (a) The definitions and rules of construction set forth in this section apply for the purposes of this title. (b) The term "Secretary" means the Secretary of the Treasury. (c) The term "person" includes natural persons, partnerships, trusts, estates, associations, corporations, and all entities cognizable

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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as legal personalities. The term also includes any governmental department or agency specified by the Secretary either for the purpose of this title generally or any particular requirement thereunder. (d) The term "United States", used in a geographical sense, includes the States and the District of Columbia, and to the extent the Secretary shall by regulation specify, either for the purposes of this title generally or any particular requirement thereunder, the Commonwealth of Puerto Rico, the possessions of the United States, United States military establishments, and United States diplomatic establishments. (e) The term "financial institution" means any person which does business in any one or more of the following capacities: (1) an insured bank as defined in section 3 of the Federal Deposit Insurance Act; (2) a commercial bank or trust company; (3) a private banker; (4) an agency or a branch within the United States of any foreign bank; (5) an insured institution as defined in section 401 of the National Housing Act; _ _ (6) a savings bank, building and loan association, credit union, industrial bank, or other thrift institution; (7) a broker or dealer registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934; (8) a broker or dealer in securities or commodities; (9) an investment banker or investment company; (10) a currency exchange; (11) an issuer, redeemer or cashier of travelers'checks, checks, money orders, or similar instruments; (12) an operator of a credit card system; (13) an insurance company; (14) a dealer in precious metals, stones, or j ewels; (15) a pawnbroker; (16) a loan or finance company; (17) a travel agency; (18) a licensed transmitter of funds; (19) a telegraph company; (20) a Federal, State, or local government institution which performs any of the functions of any of the businesses listed above;or (21) any other ty^e of business or institution performing similar, related, or substitute functions specified by the Secretary by regulation for the purposes of the provision of this title to which the regulation relates. (f) The term "domestic", used with reference to institutions or agencies, limits the applicability of the provision wherein it appears to the performance by such institutions or agencies of functions within the United States. (g) The term "financial agency" means any person which acts in the capacity of a financial institution or in the capacity of a bailee, depository trustee, agent, or in any other similar capacity with respect to money, credit, securities, or gold or transactions therein, on behalf of any person other than a government, a monetary or financial authority when acting as such, or an international financial institution of which the United States is a member. (h) The term "foreign", used with reference to institutions or agencies, limits the applicability of the provision wherein it appears to the performance by such institutions or agencies of functions outside the United States.

1119

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48 Stat. 1255. ^^ "^*^ ^^2'** js Stat. m.

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81 Stat. 54. 62 Stat. 749.

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[84 STAT.

(i) References to this title or any provision thereof include regulations issued under this title or the provision thereof in question. (j) All reports required under this title and all records of any such reports are specifically exempted from disclosure under section 552 of title 5, United States Code. (k) For the purposes of section 1001 of title 18, United States Code, the contents of reports rec^uired under any provision of this title are statements and representations in matters within the jurisdiction of an agency of the United States. (1) The term "monetary instruments" means coin and currency of the United States, and in addition, such foreign coin and currencies, and such types of travelers' checks, bearer negotiable instruments, bearer investment securities, bearer securities, and stock with title passing upon delivery, or the equivalent thereof, as the Secretary may by regulation specify for the purposes of the provision of this title to which the regulation relates. §204. Regulations The Secretary shall prescribe such regulations as he may deem appropriate to carry out the purposes of this title. §205. Compliance (a) The Secretary shall have the responsibility to assure compliance with the requirements of this title and may delegate such responsibility to the appropriate bank supervisory agency, or other supervisory agency. (b) The Secretary may by regulation require any class of domestic financial institutions to maintain such procedures as he may deem appropriate to assure compliance with the provisions of this title. For the purposes of both civil and criminal penalties for violations of this section, a separate violation shall be deemed to occur with respect to each day and each separate office, branch, or place of business in which the violation occurs or continues. §206. Exemptions The Secretary may make such exemptions from any requirement otherwise imposed under this title as he may deem appropriate. Any such exemption may be conditional or unconditional, by regulation, order, or licensing, or any combination thereof, and may relate to any particular transaction, to the type or amount of the transaction, to the party or parties or the classification of parties, or to any combination thereof. The Secretary may in his discretion, in any manner giving actual or constructive notice to the parties affected, revoke any exemption made under this section. Any such revocation shall remain in effect pending any judicial review. §207. Civil penalty (a) For each willful violation of this title, the Secretary may assess upon any domestic financial institution, and upon any partner, director, officer, or employee thereof who willfully participates in the violation, a civil penalty not exceeding $1,000. (b) I n the event of the failure of any person to pay any penalty assessed under this title, a civil action for the recovery thereof may, in the discretion of the Secretary, be brought in the name of the United States. §208. Injunctions Whenever it appears to the Secretary that any person has engaged, is engaged, or is about to engage in any acts or practices constituting a violation of the provisions of this title, or of any order thereunder, he may in his discretion bring an action, in the proper district court

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of the United States or the proper United States court of any territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices, and upon a proper showing a permanent or temporary injunction or restraining order shall be granted without bond. Upon application of the Secretary, any such court may also issue mandatory injunctions commanding any person to comply with the provisions of this title or any order of the Secretary made in purj/.uance thereof. § 209. Criminal penalty Whoever willfully violates any provision of this title or any regulation under this title shall be fined not more than $1,000, or imprisoned not more than one year, or both. §210. Additional criminal penalty in certain cases Whoever willfully violates any provision of this title where the violation is— (1) committed in furtherance of the commission of any other violation of Federal law, or (2) committed as part of a pattern of illegal activity involving transactions exceeding $100,000 in any twelve-month period, shall be fined not more than $500,000 or imprisoned not more than five years, or both. §211. Immunity of witnesses Whenever a witness refuses on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding involving any violation of this title before or ancillary to— (1) acourtorgrand jury of the United States, (2) an agency of the United States, or (3) either House of Congress, a joint committee of the two Houses, or a committee or a subcommittee of either House, and the person presiding over the proceeding communicates to the witness an order requiring him to give testimony or provide other information, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination. No such testimony or other information so compelled under the order or evidence or other information which is obteined by the exploitation of such testimony may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. §212, Availability of information to other Federal agencies The Secretary shall, upon such conditions and pursuant to such procedures as he may by regulation prescribe, make any information set forth in reports filed pursuant to this title available for a purpose consistent with the provisions of this title to any other department or agency of the Federal Government on the request of the head of such department or agency. §213. Administrative procedure Subject to section 203(j), the administrative procedure and judicial review provisions of subchapter II of chapter 5 and chapter 7 of title 5, United States Code, shall apply to all proceedings under this title. Chapter 2.~D0MESTIC CURRENCY TRANSACTIONS Sec.

221. Reports of currency transactions required. 222. Persons required to file reports. 223. Reporting procedure.

1121

^.-^,-iin/.

>in'e, p. 1120. 80 Stat. 381. 5 USC 551, 701.

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§221. Reports of currency transactions required Transactions involving any domestic financial institution shall be reported to the Secretary at such time, in such manner, and in such detail as the Secretary may require if they involve the payment, receipt, or transfer of United States currency, or such other monetary instruments as the Secretary may specify, in such amounts, denominations, or both, or under such circumstances, as the Secretary shall by regulation prescribe. i§222. Persons required to file reports The report of any transaction required to be reported under this chapter shall be signed or otherwise made both by the domestic financial institution involved and by one or more of the other parties thereto or participants therein, as the Secretary may require. If any party to or participant in the transaction is not an individual actingonly for himself, the report shall identify the person or persons on whose behalf the transaction is entered into, and shall be made by the individuals acting as agents or bailees with respect thereto. §223. Reporting procedure (a) The Secretary may in his discretion designate domestic financial institutions, individually or by class, as agents of the United States to receive reports required under this chapter, except that an institution which is not insured, chartered, examined, or registered as such by any agency of the United States may not be so designated without its consent. The Secretary may suspend or revoke any such designation for any violation of this Act, or section 21 of the Federal Ante, pp.1114, peposit lusurance Act, or section 411 of the National Housing Act. 1116. (b) Any person (other than an institution designated under subsection (a)) required to file a report under this chapter with respect to a transaction with a domestic financial institution shall file the report with that institution, except that (1) if the institution is not designated under subsection (a), the report shall be filed as the Secretary shall prescribe, and (2) any such person may, at his election and in lieu of filing the report in the manner hereinabove prescribed, file the report with the Secretary. Domestic financial institutions designated under subsection (a) shall transmit reports filed with them, and shall file their own reports, as the Secretary shall prescribe. Chapter 3.—REPORTS OF EXPORTS AND IMPORTS OF MONETARY INSTRUMENTS Sec. 231. 232. 233. 234. 235.

Reports required. Forfeiture. Civil liability. Remission by the Secretary. Enforcement authority.

§231. Reports required (a) Except as provided in subsection (c) of this section, whoever, whether as principal, agent, or bailee, or by an agent or bailee, knowingly— (1) transports or causes to be transported monetary instruments— (A) from any place within the United States to or through any place outside the United States, or (B) to any place within the United States from or through any place outside the United States, or (2) receives monetary instruments at the termination of their transportation to the United States from or through any place outside the United States in an amount exceeding $5,000 on any one occasion shall file a report or reports in accordance with subsection (b) of this section.

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1123

(b) Reports required under this section shall be filed at such times and places, and may contain such of the following information and any additional information, in such form and in such detail, as the Secretary may require: (1) The legal capacity in which the person filing the report is acting with respect to the monetary instruments transported. (2) The origin, destination, and route of the transportation. (3) Where the monetary instruments are not legally and beneficially owned by the person transporting the same, or are transported for any purpose other than the use in his own behalf of the person transporting the same, the identities of the person from whom the monetary instruments are received, or to whom they are to be delivered, or both. (4) The amounts and types of monetary instruments transported. (c) Subsection (a) does not apply to any common carrier of passengers in respect or monetary instruments in the possession of its passengers, nor to any common carrier of goods in respect of shipments of monetary instruments not declared to be such by the shipper. §232. Forfeiture (a) Any monetary instruments which are in the process of any transportation with respect to which any report required to be filed under section 231(1) either has not been filed or contains material omissions or misstatements are subject to seizure and forfeiture to the United States. (b) For the purpose of this section, monetary instruments transported by mail, by any common carrier, or by any messenger or bailee, are in process of transportation from the time tney are delivered into the possession of the postal service, common carrier, messenger, or bailee until the time they are delivered into or retained in the possession of the addressee or intended recipient or any agent of the addressee or intended recipient for purposes other than further transportation within, or across any border of, the United States. §233. Civil liability The Secretary may assess a civil penalty upon any person who fails to file any report required under section 231, or who files such a report containing any material omission or misstatement. The amount or the penalty shall not exceed the amount of the monetary instruments with respect to whose transportation the report was required to be filed. The liabilities imposed by this chapter are in addition to any other liabilities, civil or criminal, except that the liability under this section shall be reduced by any amount actually forfeited under section 232. §234. Remission by the Secretary The Secretary may in his discretion remit any forfeiture or penalty under this chapter in whole or in part upon such terms and conditions as he deems reasonable and just. §235. Enforcement authority (a) If the Secretary has reason to believe that monetary instru- j^ff.Jl,^'^^"^"^' ments are in the process of transportation and with respect to which Issuance. a report required under section 231 has not been filed or contains material omissions or misstatements, he may apply to any court of competent jurisdiction for a search warrant. Upon a showing of probable cause, the court may issue a warrant authorizing the search of any or all of the following: (1) One or more designated persons. (2) One or more designated or described places or premises. (3) One or more designated or described letters, parcels, packages, or other physical objects.

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(4) One or more designated or described vehicles. Any application for a search warrant pursuant to this section shall be accompanied by allegations of fact supporting the application. (b) This section is not in derogation of the authority of the Secretary under any other law. Chapter 4.—FOREIGN TRANSACTIONS Sec.

241. Records and reports required. 242. Classifications and requirements.

1 ,?

§241. Records and reports required

t>isciosure.

,. v,„.

(a) The Secretary of the Treasury, having due regard for the need to avoid impeding or controlling the export or import of currency or other monetary instruments and having due regard also for the need to avoid burdening unreasonably persons who legitimately engage in transactions with foreign financial agencies, shall by regulation require any resident or citizen of the United States, or person in the United States and doing business therein, who engages in any transaction or maintains any relationship, directly or indirectly, on behalf of himself or another, with a foreign financial agency to maintain records or to file reports, or both, setting forth such of the following information, in such form and in such detail, as the Secretary may require: (1) The identities and addresses of the parties to the transaction or relationship. (2) The legal capacities in which the parties to the transaction or relationship are acting, and the identities of the real parties in interest if one or more of the parties are not acting solely as principals. (3) A description of the transaction or relationship including the amounts of money, credit, or other property involved. ^j^^ ]^Q persou required to maintain records under this section shall be required to produce or otherwise disclose the contents of the records except in compliance with a subpena or summons duly authorized and issued or as may otherwise be required by law. §242. Classifications and requirements The Secretary may prescribe: (1) Any reasonable classification of persons subject to or exempt from any requirement imposed under section 241. (2) The foreign country or countries as to which any requirement imposed under section 241 applies or does not apply if, in the judgment of the Secretary, uniform applicability of any such requirement to all foreign countries is unnecessary or undesirable. (3) The magnitude of transactions subject to any requirement imposed under section 241. (4) Types of transactions subject to or exempt from^ any requirement imposed under section 241. (5) Such other matters as he may deem necessary to the application of this chapter. TITLE III—MARGIN REQUIREMENTS

oo"*!*^!^';/-,^^' 8 A S t 3 t » 4-9 2 •

§ 301. Amendment of section 7 of the Securities Exchange Act of 1934 (a) Section 7 of the Securities Exchange Act of 1934 (15 U.S.C. "^^S) is amended by adding at the end thereof the following new 1

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Author:Arthur Bernard Cook

Works

 * The Metaphysical Basis of Plato's Ethics (1895)
 * Zeus. A Study In Ancient Religion
 * The Rise and Progress of Classical Archaeology
 * The Celts
 * Ships

title: Author:Arthur Bernard Cook


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" (f)(1) I t is unlawful for any United States person, or any foreign person controlled by a United States person or acting on behalf of or in conjunction with such person, to obtain, receive, or enjoy the beneficial use of a loan or other extension of credit from any lender (without regard to whether the lender's office or place of business is in a State or the transaction occurred in whole or in part within a State) for the purpose of (A) purchasing or carrying United States securities, or (B) purchasing or carrying within the United States of any other securities, if, under this section or rules and regulations prescribed thereunder, the loan or other credit transaction is prohibited or would be prohibited if it had been made or the transaction had otherwise occured in a lender's office or other place of business in a State. " (2) For the purposes of this subsection— " (A) The term 'United States person' includes a person which "united states is organized or exists under the laws of any State or, in the case of a natural person, a citizen or resident of the United States; a domestic estate; or a trust in which one or more of the foregoing persons has a cumulative direct or indirect beneficial interest in excess of 50 per centum of the value of the trust. " (B) The term 'United States security' means a security (other se"{i!'if *?, ^*^*^^ than an exempted security) issued by a person incorporated under the laws of any State, or whose principal place of business is within a State. "(C) The term 'foreign person controlled by a United States "Foreign person person' includes any noncorporate entity in which United States unued"stlte^s ^ persons directly or indirectly have more than a 50 per centum person." beneficial interest, and any corporation in which one or more United States persons, directly or indirectly, own stock possessing more than 50 per centum of the total combined voting power of all classes of stock entitled to vote, or more than 50 per centum ^^ ^ ^ of the total value of shares of all classes of stock. "(3) The Board of Governors of the Federal Reserve System may. Exemption. in its discretion and with due regard for the purposes of this section, by rule or regulation exempt any class of United States persons or .:•». i, foreign persons controlled by a United States person from the application of this subsection." (b) The amendment made by subsection (a) of this section does not affect the continuing validity of any rule or regulation under section 7 of the Securities Exchange Act of 1934 in effect prior to the effective Ante, p. 1124. date of the amendment. TITLE IV — EFFECTIVE D A T E S §401. Effective dates (a) Except as otherwise provided in this section, titles I, II, and III of this Act and the amendments made thereby take effect on the u^^g'^rij^* ^^^'*' first day of the seventh calendar month which begins after the date of ' enactment. (b) The Secretary of the Treasury may by regulation provide that ^^^"'^"*^^"°7„J2 any provision of title I or II or any amendment made thereby shall Federal "" ""^ ^ """ Register. be effective on any date not earlier than the publication of the regulation in the Federal Register and not later than the first day of the thirteenth calendar month which begins after the date of enactment. Publication in (c) The Board of Governors of the Federal Reserve System may by Federal Register regulation provide that the amendment made by title III shall be effective on any date not earlier than the publication of the regulation in the Federal Register and not later than the first day of the thirteenth calendar month which begins after the date of enactment.

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TITLE V — PROVISIONS R E L A T I N G TO C R E D I T CARDS 15 USC 1602.

•'Adequate notice." Infra,

"Credit card."

''Accepted credit card."

"Cardholder."

"Card issuer.*' "Unauthorized use.»»

15 USC 1601 note, 15 USC 1641. Prohibition.

SEC. 501. Section 103 of the Truth in Lending Act (82 Stat. 146) is amended by redesignating subsections (j), (k), and (1) as subsections (P)^ (q)i ^^^ (r), respectively, and by adding after subsection (i) the following: "(j) The term 'adequate notice', as used in section 133, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder. " (k) The term 'credit card' means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. "(1) The term 'accepted credit card' means any credit card which the cardholder has requested and received or has signed or has used, or authorized another to use, for the purpose of obtaining money, property, labor, or services on credit. " (m) The term 'cardholder' means any person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person. " (n) The term 'card issuer' means any person who issues a credit card, or the agent of such person with respect to such card. "(o) The term 'unauthorized use', as used in section 133, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit." SEC. 502. (a) The Truth in Lending Act (82 Stat. 146) is amended by adding after section 131 the following sections: "§ 132. Issuance of credit cards "No credit card shall be issued except in response to a request or application therefor. This prohibition does not apply to the issuance of a credit card in renewal of, or in substitution for, an accepted credit card. "§133. Liability of holder of credit card " (a) A cardholder shall be liable for the unauthorized use of a credit card only if the card is an accepted credit card, the liability is not in excess of $50, the card issuer gives adequate notice to the cardholder of the potential liability, the card issuer has provided the cardholder with a self-addressed, prestamped notification to be mailed by the cardholder in the event of the loss or theft of the credit card, and the unauthorized use occurs before the cardholder has notified the card issuer that an unauthorized use of the credit card has occurred or may occur as the result of loss, theft, or otherwise. Notwithstanding the foregoing, no cardholder shall be liable for the unauthorized use of any credit card which was issued on or after the effective date of this section, and, after the expiration of twelve months following such effective date, no cardholder shall be liable for the unauthorized use of any credit card regardless of the date of its issuance, unless (1) the conditions of liability specified in the preceding sentence are met, and (2) the card issuer has provided a method whereby the user of such card can be identified as the person authorized to use it. For the purposes of this section, a cardholder notifies a card issuer by taking such steps as may be reasonably required in the ordinary course of business to provide the card issuer with the pertinent information whether or not any particular officer, employee, or agent of the card issuer does in fact receive such information.

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"(b) I n any action by a card issuer to enforce liability for the use of a credit card, the burden of proof is upon the card issuer to show that the use was authorized or, if the use was unauthorized, then the burden of proof is upon the card issuer to show that the conditions of liability for the unauthorized use of a credit card, as set forth in subsection (a), have been met. "(c) Nothing in this section imposes liability upon a cardholder for the unauthorized use of a credit card in excess of his liability for such use under other applicable law or under any agreement with the card issuer. " (d) Except as provided in this section, a cardholder incurs no liability from the unauthorized use of a credit card. "§134. Fraudulent use of credit card "Whoever, in a transaction affecting interstate or foreign commerce, uses any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card to obtain goods or services, or both, having a retail value aggregating $5,000 or more, shall be fined not more than $10,000 or imprisoned not more than five years, or both." (b) The table of contents of chapter 2 of the Truth in Lending Act is amended by adding at the end thereof the following:

Penalty.

82 Stat. 152. 15 USC 1631.

"132. Issuance of credit cards. "133. Liability of holder of credit card, "134. F r a u d u l e n t use of credit card."

SEC. 503. The amendments to the Truth in Lending Act made by this title become effective as follows: (1) Section 132 of such Act takes effect upon the date of enactment of this title. (2) Section 133 of such Act takes effect upon the expiration of 90 days after such date of enactment. (3) Section 134 of such Act applies to offenses committed on or after such date of enactment.

Effective dates.

TITLE VI — PROVISIONS R E L A T I N G TO C R E D I T REPORTING AGENCIES AMENDMENT OF CONSUMER CREDIT PROTECTION ACT

SEC. 601. The Consumer Credit Protection Act is amended by adding at the end thereof the following new title: "TITLE VI—CONSUMER CREDIT REPORTING "Sec. "601. "602, "603. "604. "605. "606. "607, "608. "609. "610. "611. "612. "613. "614. "615. "616. "617. "618. "619. "620. "621. "622.

Short title. Findings and purpose, Definitions and rules of construction. Permissible purposes of reports. Obsolete, information. Disclosure of investigative consumer reports, Compliance procedures. Disclosures to governmental agencies. Disclosure to consumers. Conditions of disclosure to consumers. Procedure in ease of disputed accuracy, Charges for certain disclosures. Public record information for employment purposes. Restrictions on investigative consumer reports. Requirements on users of consumer reports. Civil liability for willful noncompliance. Civil liability for negligent noncompliance. Jurisdiction of c o u r t s; limitation of actions. Obtaining information under false pretenses. Unauthorized disclosures by oflScers or employees. Administrative enforcement. Relation to State laws.

82 Stat. 146. 15 USC 1601 note.

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PUBLIC LAW 91-508-OCT. 26, 1970

[84 STAT.

"§ 601. Short title "This title may be cited as the Fair Credit Reporting Act. "§602. Findings and purpose " (a) The Congress makes the following findings: "(1) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. "(2) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. "(3) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. "(4) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer's right to privacy. "(b) I t is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title. "§603. Definitions and rules of construction " (a) Definitions and rules of construction set forth in this section are applicable for the purposes of this title. "(b) The term 'person' means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. "(c) The term 'consumer' means an individual. " (d) The term 'consumer report' means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for (1) credit or insurance to be used primarily for personal, family, or household purposes, or (2) employment purposes, or (3) other purposes authorized under section 604. The term does not include (A) any report containing information solely as to transactions or experiences between the consumer and the person making the report; (B) any authorization or approval of a specific extension of credit directly or indirectl^^ by the issuer of a credit card or similar device; or (C) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made and such person makes the disclosures to the consumer required under Post, p. 1133. section 615. "(e) The term 'investigative consumer report' means a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obta,ined through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such

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Page:United States Statutes at Large Volume 84 Part 1.djvu/1187

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items of information. However, such information shall not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. "(f) The term 'consumer reporting agency' means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. " (g) The term 'file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. " (h) The term 'employment purposes' when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. "(i) The term 'medical information' means information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities. "§ 604. Permissible purposes of reports "A consumer reporting agency may furnish a consumer report under the following circumstances and no other: " (1) I n response to the order of a court having jurisdiction to issue such an order. "(2) I n accordance with the written instructions of the consumer to whom it relates. "(3) To a person which it has reason to believe— " (A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or " (B) intends to use the information for employment purposes; or " (C) intends to use the information in connection with the underwriting of insurance involving the consumer; or " (D) intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or " (E) otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer. "§605. Obsolete information " (a) Except as authorized under subsection (b), no consumer reporting agency may make any consumer report containing any of the following items of information: "(1) Bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than fourteen years. "(2) Suits and judgments which, from date of entr^r, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. "(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.

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"(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. "(5) Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years. "(6) Any other adverse item of information which antedates the report by more than seven years. " (b) The provisions of subsection (a) are not applicable in the case of any consumer credit report to be used in connection with— "(1) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of $50,000 or more; "(2) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of $50,000 or more; or "(3) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal $20,000, or more. "§606. Disclosure of investigative consumer reports " (a) A person may not procure or cause to be prepared an investigative consumer report on any consumer unless— " (1) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure (A) is made in a writing mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested, and (B) includes a statement informing the consumer of his right to request the additional disclosures provided for under subsection (b) of this section; or " (2) the report is to be used for employment purposes for which the consumer has not specifically applied. "(b) Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection (a)(1), shall make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later. "(c) No person may be held liable for any violation of subsection (a) or (b) of this section if he shows by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with subsection (a) or (b). "§607. Compliance procedures " (a) Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 and to limit the furnishing of consumer reports to the purposes listed under section 604. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sougnt, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 604.

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Page:Of the Gout - Stukeley - 1734.djvu/114

Rh the case requires, and so upon every joint affected: and to be continued till the cure is wrought, heating fresh oyls for every joint.

After a great fitt, now and then anointing will take off the weakness to admiration, and strengthen the parts.

After cold taken or any other disorder: which seemingly threatens a fitt of the gout, use the oyls immediately for 2 or 3 times, and you are safe.

So by riding in cold weather when your feet are benum'd, 'tis highly serviceable to embrocate as soon as you get home. No one obnoxious to this distemper should travel without them. They will retain their virtue for ages, and may be carry'd to any part of the world.

If from long use of them in a severe fitt the skin ulcerates, wash the part with warm milk. Likewise in a long fitt in using the oyls, 'tis proper in the afternoon to wash the part anointed with warm milk or water, to open the pores, than upon anointing again at night, the oyls may the better penetrate.

In the sciatica the like method is to be observ'd as in the gout.

In a rheumatism you must persue the pain and inflammation in every part with anointing. CON-


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"(b) Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. "§ 608. Disclosures to governmental agencies "Notwithstanding the provisions of section 604, a consumer reporting agency may furnish identifying information respecting any consumer, limited to his name, address, former addresses, places of employment, or former places of employment, to a governmental agency. "§609. Disclosures to consumers " (a) Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer: "(1) The nature and substance of all information (except medical information) in its files on the consumer at the time of the request. "(2) The sources of the information; except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed: Provided, That in the event an action is brovight under this title, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought. " (3) The recipients of any consumer report on the consumer which it has furnished— " (A) for employment purposes within the two-year period preceding the request, and " (B) for any other purpose within the six-month period preceding the request. "(b) The requirements of subsection (a) respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this title except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date. "§610. Conditions of disclosure to consumers " (a) A consumer repofting agency shall make the disclosures required under section 609 during normal business hours and on reasonable notice. " (b) The disclosures required under section 609 shall be made to the consumer— "(1) in person if he appears in person and furnishes proper identification; or "(2) by telephone if he has made a written request, with proper identification, for telej^hone disclosure and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer. "(c) Any consumer reporting agency shall provide trained personnel to explain to the consumer any information furnished to him pursuant to section 609. " (d) The consumer shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer's file in such person's presence. "(e) Except as provided in sections 616 and 617, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information

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[84 STAT.

against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency, based on information disclosed pursuant to section 609, 610, or 615, except as to false information furnished with malice or willful intent to injure such consumer. "§ 611. Procedure in case of disputed accuracy " (a) If the completeness or accuracy of any item of information contained in his file is disputed by a consumer, and such dispute is directly conveyed to the consumer reporting agency by the consumer, the consumer reporting agency shall within a reasonable period of time reinvestigate and record the current status of that information unless it has reasonable grounds to believe that the dispute by the consumer is frivolous or irrelevant. If after such reinvestigation such information is found to be inaccurate or can no longer be verified, the consumer reporting agency shall promptly delete such information. The presence of contradictory information in the consumer's file does not in and of itself constitute reasonable grounds for believing the dispute is frivolous or irrelevant. "(b) If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute. The consumer reporting agency may limit such statements to not more than one hundred words if it provides the consumer with assistance in writing a clear summary of the dispute. "(c) Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrevelant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer's statement or a clear and accurate codification or summary thereof, " (d) Following any deletion of information which is found to be inaccurate or whose accuracy can no longer be verified or any notation as to disputed information, the consumer reporting agency shall, at the request of the consumer, furnish notification that the item has been deleted or the statement, codification or summary pursuant to subsection (b) or (c) to any person specifically designated by the consumer who has within two years prior thereto received a consumer report for employment purposes, or within six months prior thereto received a consumer report for any other purpose, which contained the deleted or disputed information. The consumer reporting agency shall clearly and conspicuously disclose to the consumer his rights to make such a request. Such disclosure shall be made at or prior to the time the information is deleted or the consumer's statement regarding the disputed information is received. "§ 612. Charges for certain disclosures "A consumer reporting agency shall make all disclosures pursuant to section 609 and furnish all consumer reports pursuant to section 611(d) without charge to the consumer if, within thirty days after receipt by such consumer of a notification pursuant to section 615 or notification from a debt collection agency affiliated with such consumer reporting agency stating that the consumer's credit rating may be or has been adversely affected, the consumer makes a request under section 609 or 611(d). Otherwise, the consumer reporting agency may impose a reasonable charge on the consumer for making disclosure to such consumer pursuant to section 609, the charge for which shall be indicated to the consumer prior to making disclosure; and for furnishing notifications, statements, summaries, or codifications to person designated by the consumer pursuant to section 611(d), the charge for which shall be indicated to the consumer prior to furnish-

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ing such information and shall not exceed the charge that the consumer reporting agency would impose on each designated recipient for a consumer report except that no charge may be made for notifying such persons of the deletion of information which is found to be inaccurate or which can no longer be verified. "§613. Public record information for employment purposes "A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer's ability to obtain employment shall— "(1) at the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or "(2) maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported. "§614. Restrictions on investigative consumer reports "Whenever a consumer reporting agency prepares an investigative consumer report, no adverse information in the consumer report (other than information which is a matter of public record) may be included in a subsequent consumer report unless such adverse information has been verified in the process of making such subsequent consumer report, or the adverse information was received within the threemonth period preceding the date the subsequent report is furnished. "§615. Requirements on users of consumer reports " (a) Whenever credit or insurance for personal, family, or household purposes, or employment involving a consumer is denied or the charge for such credit or insurance is increased either wholly or partly because of information contained in a consumer report from a consumer reporting agency, the user of the consumer report shall so advise the consumer against whom such adverse action has been taken and supply the name and address of the consumer reporting agency making the report. "(b) Whenever credit for personal, family, or household purposes involving a consumer is denied or the charge for such credit is increased either wholly or partly because of information obtained from a person other than a consumer reporting agency bearing upon the consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, the user of such information shall, within a reasonable period of time, upon the consumer's written request for the reasons for such adverse action received within sixty days after learning of such adverse action, disclose the nature of the information to the consumer. The user of such information shall clearly and accurately disclose to the consumer his right to make such written request at the time such adverse action is communicated to the consumer. " (c) No person shall be held liable for any violation of this section if he shows by a preponderance of the evidence that at the time of the alleged violation he maintained reasonable procedures to assure compliance with the provisions of subsections (a) and (b).

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PUBLIC LAW 91-508-OCT. 26, 1970

[84 STAT.

"§616. Civil liability for willful noncompliance "Any consumer reporting agency or user of information which willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an a-mount equal to the sum of— " (1) any actual damages sustained by the consumer as a rt suit of the failure; " (2) such amount of punitive damages as the court may allow; and " (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. "§617. Civil liability for negligent noncompliance "Any consumer reporting agency or user of information which is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of— "(1) any actual damages sustained by the consumer as a result of the failure; " (2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. "§ 618. Jurisdiction of courts; limitation of actions "An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. "§ 619. Obtaining information under false pretenses "Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined not more than $5,000 or imprisoned not more than one year, or both. "§620. Unauthorized disclosures by officers or employees "Any officer or employ> of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information shall be fined not more than $5,000 or imprisoned not more than one year, or both. "§ 621. Administrative enforcement " (a) Compliance with the requirements imposed under this title shall be enforced under the Federal Trade Commission Act by the Federal Trade Commission with respect to consumer reporting agencies and all other persons subject thereto, except to the extent that enforcement of the requirements imposed under this title is specifically committed to some other government agency under subsection (b) hereof. For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement or prohibition imposed

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under this title shall constitute an unfair or deceptive act or practice in commerce in violation of section 5(a) of the Federal Trade Commission Act and shall be subject to enforcement by ^f use 45^^' the Federal Trade Commission under section 5(b) thereof with 52 Stat. 11*2. respect to any consumer reporting agency or person subject to enforcement by the Federal Trade Commission pursuant to this subsection, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act. The Federal Trade Commission shall have such procedural, investigative, and enforcement powers, including the power to issue procedural rules in enforcing compliance with the requirements imposed under this title and to require the filing of reports, the production of documents, and the appearance of witnesses as though the applicable terms and conditions of the Federal Trade Commission Act were part of this title. Any person violating any of the provisions of this title shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though the applicable terms and provisions thereof were part of this title. "(b) Compliance with the requirements imposed under this title with respect to consumer reporting agencies and persons who use consumer reports from such agencies shall be enforced under— "(1) section 8 of the Federal Deposit Insurance Act, in the 64 Stat. 879; case of: ^ ?054?*°' " (A) national banks, by the Comptroller of the Currency; 12 USC isis. " (B) member banks of the Federal Reserve System (other than national banks), by the Federal Reserve Board; and " (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), by the Board of Directors of the Federal Deposit Insurance Corporation. "(2) section 5(d) of the Home Owners Loan Act of 1933, so Stat. 1028. section 407 of the National Housing Act, and sections 6(i) and 17 go stau Voa'e*. of the Federal Home Loan Bank Act, by the Federal Home Loan 12 USC* 1730.' Bank Board (acting directly or through the Federal Savings and 69*513^6*40^^' Loan Insurance Corporation), in the case of any institution sub- 12 USC 14*26, ject to any of those provisions; ^"^37. "(3) the Federal Credit Union Act, by the Administrator of 73 Stat. 628; the National Credit Union Administration with respect to any ^"2^'u^^* 175u^'** Federal credit union; "(4) the Acts to regulate commerce, by the Interstate Commerce Commission with respect to any common carrier subject to those Act s;

49 USC 1 et sea.

" (5) the Federal Aviation Act of 1958, by the Civil Aeronautics 72 Stat. 731. Board with respect to any air carrier or foreign air carrier subject note. to that Act; and "(6) the Packers and Stockyards Act, 1921 (except as pro- 42 Stat. 159. vided in section 406 of that Act), by the Secretary of Agriculture 7 USC isi. With respect to any activities subject to that Act. 7 USC'226,227. "(c) For the purpose of the exercise by any agency referred to in subsection (b) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that A ct. I n addition to its powers under any provision of law specifically referred to in subsection (b), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this title any other authority conferred on it by law.

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[84 STAT.

"§622. Relation to State laws "This title does not annul, alter, affect, or exempt any person subject to the provisions of this title from complying with the laws of any State with respect to the collection, distribution, or use of any information on consumers, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency." E F r E C T I \ ^ DATE 82 Stat. 167.

SEC. 602. Section 504 of the Consumer Credit Protection Act is amended by adding at the end thereof the following new subsection: " (d) Title VI takes effect upon the expiration of one hundred and eighty days following the date of its enactment." Approved October 26, 1970.

Public Law 91-509 October 26, 1970 [S.2695]

Policemen and Firemen's Retirement and Disability Act Amendments of 1970. Definitions. 71 Stat. 3 9 1.

Deductions. 71 Stat. 3 9 3; 72 Stat. 6 8 6.

AN ACT To provide for the retirement of officers and members of the Metropolitan Police force, the Fire Department of the District of Columbia, the United States Park Police force, the Executive Protective Service, and of certain officers and members of the United States Secret Service, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 12 of the Act of September 1, 1916 (39 Stat. 718), as amended (D.C. Code, sec. 4-521 et seq.) is amended as follows: (1) Paragraph (4) of subsection (a) of such section (D.C. Code, sec. 4-521) is amended to read as follows: "(4) The term 'widower' means the surviving husband of a member who was married to such individual while she was a member.". (2) Paragraph (5) of subsection (a) of such section (D.C. Code, sec. 4-521) IS amended to read as follows: "(5)(A) The term 'child' means an unmarried child, including (i) an adopted child, and (ii) a stepchild or recognized natural child who lives with the member in a regular parent-child relationship, under the age of eighteen years, or such unmarried child regardless of age who, because of physical or mental disability incurred before the age of eighteen, is incapable of self-support. " (B) The term 'student child' means an unmarried child who is a student between the ages of eighteen and twenty-two years, inclusive, and who is regularly pursuing a full-time course of study or training in residence or in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.". (3) Suhsection (d) of such section (D.C. Code, sec. 4-524) is amended as follows: (A) Paragraph (1) of such subsection is amended to read as follows: "(1) On and after the first day of the first pay period which begins on or after the effective date of the Policemen and Firemen's Retirement and Disability Act Amendments of 1970 there shall be deducted and withheld from each member's basic salary an amount equal to 7 per centum of such basic salary. Such deductions and withholdings shall be paid to the Collector of Taxes of the District of Columbia, and shall be deposited in the Treasury to the credit of the District of Columbia.". (B) Paragraph (3) of such subsection is amended by inserting

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immediately before the period at the end thereof a colon and the following: '•Provided, That if no natural person is determined to be entitled thereto such payment shall escheat to the government of the District of Columbia.". (C) Such subsection is amended by adding at the end thereof the Persons entifollowing new paragraiDh: I'MlZl^:::, "(4) I n order to facilitate the settlement of the accounts of each order. former member coming under the provisions of this section who dies yj^gtlue's^e!^' after retirement (1) leaving no survivor entitled to receive an annuity D. c.code 4under the provisions of this section and (2) before the aggregate 524. amount of the annuity paid to such former member equals the total amount deducted and withheld for retirement from his salary as a member, the Commissioner shall pay the difference to the person or persons surviving at the time of death in the following order of precedence, and such payment shall be a bar to recovery by any other person of the amount so paid: "First, to the beneficiary or beneficiaries designated in writing by such former member, filed with the Commissioner and received by him prior to the death of such former member; "Second, if there be no such beneficiary, to the child or children of such deceased former member and the descendants of deceased children by representation; "Third, if there be none of the above, to the parents of such former member, or the survivor of them; and "Fourth, if there be none of the above, to the duly appointed legal representative of the estate of the deceased former member, or if there be none to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased former member: Provided, That if no natural person is determined to be entitled thereto such payment shall escheat to the government of the District of Columbia." (4) Subsection (g) of such section (D.C. Code, sec. 4-527) is ^fjt^"*'""'' '•'*^'"'" amended by deleting "2 per centum" wherever it appears therein and ^^•^i *Stat. 394; inserting in lieu thereof 2l^ per centum". 76 Stat. 1133. (5) Paragraph (1) of subsection (h) of such section (D.C. Code, optional retiresec. 4-528) is amended— '"*"'* (A) by striking out "attains the age of fifty years and"; and (B) by striking out "2 per centum" and inserting in lieu thereof "21/^ per centum". (6) Paragraph (3) of subsection (h) of such section is amended by striking out "70 per centum" and inserting in lieu thereof "80 per centum". (7) Subsection (j) of such section (D.C. Code, sec. 4-530) is Disability reamended by deleting "fifty-five" wherever it appears therein and ''°"'^^' inserting in lieu thereof "fifty". (8) Subsection (k) of such section (D.C. Code, sec. 4^531) is survivor annuiamended to read as follows: "^^' " (k)(l) I n the event that any member dies in the performance of duty, and such death is determined by the Commissioner to have been the sole and direct result of a personal injury sustained while performing such duty, leaving a survivor who received more than onehalf his support from a member, such survivor shall be entitled to Amount. receive a lump sum payment of $50,000: Provided, That if such death is caused by the willful misconduct of the member or hj the member's intention to bring about the death of himself, or if intoxication of the injured member is the proximate cause of such death, no such lump sum payment shall be made: And provided further, That if such

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[84 STAT.

member is survived by more than one person who received more than one-half of his support from the member, each such survivor shall be entitled to receive an equal share of such lump-sum payment. " (2) In case of the death of any member before retirement, or of any former member after retirement, leaving a widow or widower, such widow or widower shall be entitled to receive an annuity in the greater amount of (1) 40 per centum of such member's basic salary at the time of death, or 40 per centum of the basis upon which the annuity, relief, or retirement compensation being received by such former member at the time of death was computed, or (2) 40 per centum of the corresponding salary for step 6, subclass (a), class 1 of the District of Ante, p. 354. Columbia Police and Firemen's Salary Act salary schedule currently in effect at the time of such member or former member's death: Provided, That such annuity shall not exceed the current rate of compensation of the position occupied by such member at the time of death, or by such former member immediately prior to retirement. "(3) Each surviving child or student-child of any member who dies before retirement, or of any former member who dies after retirement, shall be entitled to receive an annuity equal to the smallest of (1) 60 per centum of the member's basic salary at the time of his death or of the basis upon which the former member's annuity at the time of his death was computed, divided by the number of eligible children; (2) $996; or (3) $2,988 divided by the number of eligible children: Provided, That such member or former member is survived by a wife or husband. If such member or former member is not survived by a wife or husband, each surviving child or student-child shall be paid an annuity equal to the smallest of (1) 75 per centum of the member's basic salary at the time of his death or of the basis upon which the former member's annuity at the time of his death was computed, divided by the number of eligible children; (2) $1,200; or (3) $3,600 divided by the number of eligible children. "(4) Each widow or widower who, on the effective date of the Policemen and Firemen's Retirement and Disability Act Amendments of 1970, was receiving relief or annuity computed in accordance with the provisions of this subsection shall be entitled to receive an annuity in the greater amount of (1) $3,144; or (2) 35 per centum of the basis upon which such relief or annuity was computed. Each child who, on said effective date, was receiving relief or annuity computed in accordance with the provisions of this subsection, shall be entitled to benefits computed in accordance with the provisions of paragraph (3) of this subsection. Annuities, com. "(5) x h e annuity of any widow or widower under this subsection f/rmlnation.^"'* shall begin on the first day of the month in which the member or former member dies, and such annuity or any right thereto shall terminate upon the survivor's death or remarriage before age sixty: Provided, That an;^ annuity terminated by remarriage may be restored if such remarriage is later terminated by death, annulment, or divorce. The annuity of any child under this subsection shall begin on the first day of the month in which the member or former member dies, and such annuity of such child or any right thereto shall terminate upon (A) his attaining age eighteen, unless incapable of self-support, (B) his becoming capable of self-support after age eighteen, (C) his marriage, or (D) his death. The annuity of any student-child under this subsection shall begin on the first day of the month in which the member or former member dies, and such annuity of such child or any right thereto shall terminate upon (i) his ceasing to be a student, (ii) his attaining age twenty-two, (iii) his marriage, or (iv)

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his death. Such student-child whose birthday falls during the school year (September 1 to June 30) shall be considered not to have reached age twenty-two until July 1 following his actual twenty-second birthday. " (6) Any member retiring under subsection (f), (g), or (h) of this Reduced annuity, section, may, at the time of such retirement, elect to receive a reduced ^^7i's°at. 394; annuity in lieu of full annuity, and designate in writing the person to Ante^p.^1137' receive an increased annuity after the retired annuitant's death: Pro- to D.C. Code 4- 26 4-528. vided, That the person so designated be the surviving spouse or child of the retiring member. Whenever such an election is made, the annuity of the designee shall be increased by an amount equal to the amount by which the annuity of such retiring member is reduced. The annuity payable to the member making such election shall be reduced by 10 per centum of the annuity computed as provided in subsection (f), (g), or (h). Such increase in annuity payable to the designee shall be reduced by 5 per centum for each full five years the designee is younger than the retiring member, but such total reduction shall not exceed 40 per centum. The increase in annuity payable to the designee pursuant to this paragraph shall be paid in addition to the annuity provided for such designee pursuant to paragraph (2) or (3) of this subsection and shall be subject to the same limitations as to duration and other conditions as the annuity paid pursuant to paragraphs (2), (3), and (5) of this subsection. If, at any time after such former member's retirement, the designee dies, and is survived by such former member, the annuity payable to such former member shall be increased to the amount computed as provided in subsection (f), (g), o r (h). "(7)(i) Each month after the effective date of this subsection the c rAnnuity inease. Commissioner shall determine the per centum change in the price index. On the basis of this determination, and effective the first day of the third month which begins after the price index shall have equaled the rise of at least 3 per centum for three consecutive months over the price index for the base month, each annuity payable under this subsection which has a commencing date not later than such effective date shall be increased by 1 per centum plus the per centum rise in the price index (calculated on the highest level of the price index during the three consecutive months) adjusted to the nearest one-tenth of 1 per centum. "(ii) The monthly installment of annuity after adjustment under this subsection shall be fixed at the nearest dollar, except that such installment shall after adjustment reflect an increase of at least $1. ' P r i c e index. "(iii) For purposes of this subsection, the term 'price index' shall mean the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics. The term " B a s e month. " 'base month' shall mean the month for which the price index showed a per centum rise, forming the basis for a cost-of-living annuity increase." SEC. 2. The provisions of this Act shall take effect on the first day Effective date. of the first pay period which begins on or after the date of enactment. SEC, 3. This Act may be cited as the "Policemen and Firemen's Short title. Eetirement and Disability Act Amendments of 1970". Approved October 26, 1970.

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PUBLIC LAW 91-510-OCT. 26, 1970

[84 STAT.

Public Law 91-510 October 26, 1970 [H.R. 17654]

AN ACT To improve the operation of the legislative branch of the Federal Government, and for other purposes.

Be it etmMed by the Senate mvd House of RepresentatiaeH of the or^ani^iuon^A^r ^^^^^^ States of AfTieHca in Congress assembled, That this Act, oPmo? °" '^ divided into titles, parts, and sections according to the following table of contents, may be cited as the "Legislative Reorganization Act of 1970". T A B L E O F CONTENTS TITLE

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

101. 102. 103. 104. 105. 106. 107. 108.

Sec. 109. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

110. 111. 112. 113. 114. 115. 116. 117. 118. 119.

Sec. 120. Sec. 121. Sec. 122. Sec. 123. Sec. 124. Sec. 125. Sec. 126. Sec. 127. Sec. 128. Sec. 129. Sec. 130. Sec. 131. Sec. 132.

I—THE

COMMITTEE

SYSTEM

Rulemaking power of Senate and House, Calling of committee meetings. Open committee business meetings. Public announcement of committee votes. Filing of committee reports. Proxy voting. Supplemental, minority, and additional views. Availability of committee reports and printed hearings on measures and m a t t e r s before: floor consideration thereof. Motions for consideration by the House of measures previously made in order by resolution for consideration. Committee funds and Senate Appropriations Ciomnuttee exception. Public notice of committee hearings. Open committee hearings. Statements of witnesses a t committee hearings. Calling of witnesses selected by the minority a t committee hearings. Points of order with respect to committee hearing procedure. Broadcasting of committee hearings. Committee meetings during sessions of the Houses of Congress. Legislative review by standing committees. Debate time under five-minute rule in Committee of the Whole House for amendments previously printed in Congressional Record. Recording of teller votes in the House. Recording of roll calls and quorum calls through electronic equipment in the House. Expeditious conduct of calls of the House. Debate on motion to recommit with instructions after previous question is ordered in the House. Delivery of copies of amendments offered in Committee of the Whole House. Conference reports. Motions in the House to dispose of nongermane amendmentsi between the two Houses. Reading of the J o u r n a l of the House. Closing of the doors in calls of the House. Clarification of certain provisions and elimination of obsolete language in certain House Rules. Senate committee rules. Jurisdiction of standing committees of the Senate. Membership of standing committees of the Senate. TITLE II — F I S C A L CONTROLS PART 1

Sec. Sec. Sec. Sec. Sec.

201. 202. 203. 204. 205.

BUDGETARY AND FISCAL INFORMATION AND DATA

Budgetary and fiscal d a t a processing system. Budget standard classifications. Availability to Congress of budgetary, fiscal, and related data. Assistance to Congress by General Accounting Office. Power and duties of Comptroller General in connection with budgetary, fiscal, and related m a t t e r s. Sec. 206. Preservation of e^xisting authorities and d u t i e s under budget and accounting and other statutes. Sec. 207. Definition.

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PUBLIC LAW 91-510-OCT. 26, 1970 TABLE OF CONTENTS—Continued PAET 2 — THE BUDGET

Sec. 221. Supplemental budget information. PART 3—UTILIZATTOX OF REPORTS AND EMPLOYEES OF GENERAL ACCOUNTING OFFICE

Sec. 231. Assistance by General Accounting Office to congressional committees in connection with proposed legislation and committee review of Federal programs and activities. Sec. 232. Delivery by General Accounting Office to congresisional committees of reports to Congress. Sec. 233. Furnishing to congressional committees by General Accounting Office of its reports generally. Sec. 234. Furnishing to committees and Members of Congress by General Accounting Office of monthly and annual lists of its reports; availability of reports to committees and Members on request. Sec. 235. Assignments of employees of General Accounting Office to duty with committees of Congress. Sec. 236. Agency reports. PART 4 — THE APPROPRIATIONS PROCESS

Sec. 241. Rulemaking power of Senate and House. Sec. 242. Hearings on the Budget by Committees on Appropriations of Senate and House. Sec. 243. Action and procedure of Senate Committee on Appropriations. PART 5—LEGISLATIVE COMMITTEES

Sec. 251. Rulemaking power of Senate and House. Sec. 252. Cost estimates in reports of Senate and House committees accompanying certain legislative measures. Sec. 253. Appropriations on annual basis. TITLE III—SOURCES OF INFORMATION PART 1 — S T A F F S OF SENATE AND H O U S E STANDING COMMITTBSIS

Sec. 301. Increase in professional staffs of Senate standing committees; Senate minority professional and clerical staffs; fair treatment for Senate minority staffs. Sec. 302. Increase in professional staffs of House standing committees; House minority professional and clerical staffs; fair treatment for House minority staffs. Sec. 303. Procurement of temporary or intermittent services of consultants for Senate and House standing committees. See. 304. Specialized training for professional staffs of Senate and House standing committees. Sec. 305. Compensation of professional and clerical staffs of Senate standing committees. PART 2—CONGRESSIONAL RESEARCH SERVICE

Sec. 321. Improvement of research facilities of Congress. Sec. 322. Repeal of obsolete law relating to the abolished Office of Coordinator of Information. PART 3

PARI.IAMENTARY PRECEDENTS OF THE H O U S E OF REPRESENTATIVES

Sec. 331. Periodic compilation of parliamentary precedents of the House of Representatives. Sec. 332. Periodic preparation by House Parliamentarian of condensed and simplified versions of House precedents. TITLE IV—CONGRESS AS AN INSTITUTION PART 1 — JOINT COMMITTEE ON CONGRESSIONAL OPHaiATIONS

Sec. Sec. Sec. Sec. Sec. Sec. Sec

401. Establishment of Joint Committee on Congressional Operations. 402. Duties of Joint Committee. 403. Powers of Joint Committee. 404. Staff of Joint Committee. 405. Records of Joint Committee. 406. Office of Placement and Office Management. 407. Expenses.

1141

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[84 STAT.

TABLE OF CONTENTS—Continued PART 2 — A B O L I S H M E N T OF JOINT COMMITTEE ON IMMIGRATION AND NATIONALITY POLICY

Sec. 421. Abolishment of Joint Committee on Immigration and Nationality Policy. Sec. 422. Conforming changes in existing law. PART 3 — AUTHORITY OF OFFICERS OF THE CONGRESS OVER CONGRESSIONAL EMPLOYEES

Sec. 431. Authority over congressional employees. PART 4 — THE CAPITOL GUIDE SERVICE

Sec. 441. Establishment and operation of the Capitol Guide Service. Sec. 442. Coverage of employees of the Capitol Guide Service under the FedCx-al civil service retirement program vpith resultant coverage under Federal life insurance and health benefits programs. Sec. 443. Transitional provisions relating to the establishment of the Capitol Guide Service and the conclusion of the operations of the existing United States Capitol Guides organization. PART 5 — A U D I T FOR ORGANIZATIONS CONDUCTING ACTIVITIES OR PERFORMING SERVICES I N OR ON THE UNITED STATES CAPITOL BXHLDINGS OR GROUNDS

Sec. 451. Audit of accounts of certain private organizations. PART 6—CONGRESSIONAL ADJOURNMENT

Sec. 461. Congressional adjournment. PART 7—PAYROLL ADMINISTRATION I N THE H O U S E OF REPRESENTATIVES

Sec. 471. Single per annum gross rates of pay for employees under the House of Representatives. Sec. 472. Single per annum gross rates of Clerk hire allovpances of members; related matters. Sec. 473. Single per annum gross rates of allovsrances for personal services in the oflBces of the Speaker, Majority Leader, Minority Leader, Majority Whip, and Minority Whip. Sec. 474. Conversion by Clerk of the House of existing basic pay rates to per annum gross pay rates. Sec. 475. Obsolete references in existing law to basic pay rates. Sec. 476. Saving provision. Sec. 477. Changes in existing law; related provisions. PART 8 — P E R A N N U M GROSS PAY RATES OF EMPLOYEES OF THE OFFICE OF THE ARCHITECT OF THE CAPITOL

Sec. 481. Single per annum gross rates of pay for employees under the Architect of the Capitol. Sec. 482. Conversion by the Architect of the Capitol of existing basic pay rates to per annum gross pay rates. Sec. 483. Obsolete references in existing law to basic pay rates of employees under the Architect of the CapitoL Sec. 484. Saving provision. Sec. 485. Effect on existing law. Sec. 486. Exemptions. PART 9

SENATE A N D H O U S E PAGES

Sec. 4&1. Senate and House pages. Sec. 492. Dormitory building for congressional pages. P A R t 10—MODERNIZATION OF H O U S E GALLERIES

Sec.. 499. Modernization and improvement of gallery facilities in the House chamber.

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T A B L E O F CONTENTS—Continued TITLE V — OFFICE OF THE LEGISLATIVE COUNSEL SUBTITLE A — H O U S E OF REPRESENTATIVES PART 1 — P U R P O S E, P O L I C Y, AND FUNCTION

Sec. 501. Establishment. Sec. 502. Purpose and policy. Sec. 503. Functions. PART 2

Sec. Sec. Sec. Sec. Sec. Sec.

521. 522. 523. 524. 525. 526.

ADMINISTRATION

Legislative Counsel. Staff. Compensation. Expenditures. Official mail matter. Authorization of appropriations. PART 3—TRANSITIONAL PE0V1SX0N8

Sec. 531. Personnel, property, records, etc. TITLE VI—EFFECTIVE DATES

Sec. 601. Effective dates

TITLE I—THE COMMITTEE SYSTEM RULEMAKING

POWER OF S E N A T E A N D

HOUSE

SEC. 101. The following sections of this title are enacted by the Congress— (1) insofar as applicable to the Senate, as an exercise of the rulemaking power of the Senate and, to the extent so applicable, those sections are deemed a part of the Standing Rules of the Senate, superseding other individual rules of the Senate only to the extent that those sections are inconsistent with those other individual Senate rules, subject to and with full recognition of the power of the Senate to enact or change any rule of the Senate at any time in its exercise of its constitutional right to determine the rules of its proceedings; and (2) insofar as applicable to the House of Representatives, as an exercise of the rulemaking power of the House of Representatives, subject to and with full recognition of the power of the House of Representatives to enact or change any rule of the House at any time in its exercise of its constitutional right to determine the rules of its proceedings. CALLING

or

COMMITTEE

MEETINGS

SEC. 102. (a) Section 133(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 190a(a)) is amended to read as follows: "(a) Each standing committee of the Senate shall fix regular weekly, biweekly, or monthly meetings days for the transaction of business before the committee and additional meetings may be called by the chairman as he may deem necessary. If at least three members of any such committee desire that a special meeting of the committee be called by the chairman, those members may file in the offices of the committee their written request to the chairman for that special meeting. Immediately upon the filing of the request, the clerk of the committee shall notify the chairman of the filing of the request. If, within three calendar days after the filing of the request, the chairman does not call the requested special meeting, to be held within seven calendar

47-348 O - 72 - 76 (Ft. 1)

eostat. sai.

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PUBLIC LAW 91-510-OCT. 26, 1970

[84 STAT.

days after the tiling of the request, a majority of the members of the committee may file in the offices of the committee their written notice that a special meeting of the committee will be held, specifying the date and hour of that special meeting. The committee shall meet on that date and hour. Immediately upon the filing of the notice, the clerk of the committee shall notify all members of the committee that such special meeting will be held and inform them of its date and hour. If the chairman of any such committee is not present at any regular, additional, or special meeting of the committee, the ranking member of the majority party on the committee who is present shall prescribe at that meeting.". (b) Clause 26 of Rule X I of the Rules of the House of Representatives is amended to read as follows: "26. (a) Each standing committee of the House shall fix, by written rule adopted by the committee, regular meeting days of the committee, not less frequent than monthly, for the conduct of its business. Each such committee shall meet, for the consideration of any bill or resolution pending before the committee or for the transaction of other committee business, on all regular meeting days fixed by the committee, unless otherwise provided by written rule adopted by the committee. " (b) The chairman of each standing committee may call and convene, as he considers necessary, additional meetings of the committee for the consideration of any bill or resolution pending before the committee or for the conduct of other committee business. The committee shall meet for such purpose pursuant to that call of the chairman. "(c) If at least three members of any standing committee desire that a special meeting of the committee be called by the chairman, those membcrj may file in the offices of the committee their written request to the chairman for that special meeting. Such request shall specify the measure or matter to be considered. Immediately upon the filing of the request, the clerk of the committee shall notify the chairman of the filing of the request. If, within three calendar days after the filing of the request, the chairman does not call the requested special meeting, to be held within seven calendar days after the filing of the request, a majority of the members of the committee may file in the offices of the committee their written notice that a special meeting of the committee will be held, specifying the date and hour of, and the measure or matter to be considered at, that special meeting. The committee shall meet on that date and hour. Immediately upon the filing of the notice, the clerk of the committee shall notify all members of the committee that such special meeting will be held and inform them of its date and hour and the measure or matter to be considered; and only the measure or matter specified in that notice may be considered at that special meeting. " (d) If the chairman of any standing committee is not present at any regular, additional, or special meeting of the committee, the ranking member of the majority party on the committee who is present shall preside at that meeting. "(e) For the purposes of this clause, 'chairman' includes a Member acting as chairman under clause 3 of Rule X / '. O P E N COMMITTEEUSINESS MEETINGS

60 Stat. 831.

SEC. 103. (a) Section 133(b) of the Legislative Reorganization Act of 1946 (2 U.S.C. 190a(b)) is amended by inserting immediately after " (b) " the following: "Meetings for the transaction of business of each standing committee of the Senate, other than for the conduct of

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hearings, shall be open to the public except during executive sessions for marking up bills or for voting or when the committee by majority vote orders an executive session.". (b) Clause 26 of Kule X I of the Rules of the House of Representatives, as amended by section 102(b) of this Act, is further amended by adding at the end thereof the following new paragraph: " (f) Meetings for the transaction of business of each standing committee shall be open to the public except when the committee, by majority vote, determines otherwise. This paragraph does not apply to open committee hearings which are provided for by paragraphs (f) (2) and (g)(3) of clause 27 of this Rule.". P U B L I C A N N O U N C E M E N T OF C O M M I ' r T E E VOTES

SEC. 104. (a) Section 133(b) of the Legislative Reorganization Ar.t of 1946 (2 U.S.C. 190a(b)), as amended by section 103(a) of this Act, is further amended by adding at the end thereof the following: "The results of rollcall votes taken m any meeting of any such standing committee of the Senate upon any measure, or any amendment thereto, shall be announced in the committee report on that measure unless previously announced by the committee, and such announcement shall include a tabulation of the votes cast in favor of and the votes cast in opposition to each such measure and amendment by each member of the committee who was present at that meeting.". (b) Clause 27(b) of Rule X I of the Rules of the House of Representatives is amended by adding at the end thereof the following: "The result of each rollcall vote in any meeting of any committee shall be made available by that committee for inspection by the public at reasonable times in the offices of that committee. Information so available for public inspection shall include a description of the amendment, motion, order, or other proposition and the name of each Member voting for and each Member voting against such amendment, motion, order, or proposition, and whether by proxy or in person, and the names of those Members present but not voting. With respect to each record vote by any committee on each motion to report any bill or resolution of a public character, the total number of votes cast for, and the total number of votes cast againstj the reporting of such bill or resolution shall be included in the committee report.".

Votes, tabulation.

Information, public inspection.

F I L I N G OF COMMITTEE REPORTS

SEC. 105. (a) Section 133(c) of the Legislative Reorganization Act of 1946 (2 U.S.C. 190a (c)) is amended— (1) by striking out "each such committee" and inserting in lieu thereof "each standing committee of the Senate"; (2) by striking out "or House of Representatives as the case may be,"; and (3) by adding at the end thereof the following: "In any event, the report of any such committee upon a measure which has been approved by the committee shall be filed within seven calendar days (exclusive of days on which the Senate is not in session) after the day on which there has been filed with the clerk of the committee a written and signed request of a majority of the committee for the reporting of that measure. Upon the filing of any such request, the clerk of the committee shall transmit immediately to the chairman of the committee notice of the filing of that request.".

60 Stat. 831.

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