[USC02] 2 USC CHAPTER 41, SUBCHAPTER I: GENERAL
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2 USC CHAPTER 41, SUBCHAPTER I: GENERAL
From Title 2—THE CONGRESSCHAPTER 41—CONGRESSIONAL OFFICERS AND ADMINISTRATION

SUBCHAPTER I—GENERAL

§4101. Authority of officers of Congress over Congressional employees

(a) Qualifications determinations; removal and discipline

Each officer of the Congress having responsibility for the supervision of employees, including employees appointed upon recommendation of Members of Congress, shall have authority—

(1) to determine, before the appointment of any individual as an employee under the supervision of that officer of the Congress, whether that individual possesses the qualifications necessary for the satisfactory performance of the duties and responsibilities to be assigned to him; and

(2) to remove or otherwise discipline any employee under his supervision.

(b) "Officer of the Congress" defined

As used in this section, the term "officer of the Congress" means—

(1) an elected officer of the Senate or House of Representatives who is not a Member of the Senate or House; and

(2) The Architect of the Capitol.

(Pub. L. 91–510, title IV, §431, Oct. 26, 1970, 84 Stat. 1190.)

Codification

Section was formerly classified to section 60–1 of this title prior to editorial reclassification and renumbering as this section.

Effective Date

Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.

§4102. Purchase of supplies for Senate and House

Supplies for use of the Senate and the House of Representatives may be purchased in accordance with the schedule of contract articles and prices of the Administrator of General Services.

(June 5, 1920, ch. 253, §1, 41 Stat. 1036; Ex. Ord. No. 6166, June 10, 1933, §1; June 30, 1949, ch. 288, title I, §102, 63 Stat. 380.)

Codification

Section was formerly classified to section 111 of this title prior to editorial reclassification and renumbering as this section.

Transfer of Functions

Bureau of Federal Supply and its functions and duties transferred to Administrator of General Services by act June 30, 1949.

Effective Jan. 1, 1947, Procurement Division of Treasury Department changed to Bureau of Federal Supply by former regulation §5.7 of subpart A of Part 5 of Title 41, Public Contracts, 11 F.R. 13638, issued by the Secretary of the Treasury.

Ex. Ord. No. 6166, abolished General Supply Committee of Treasury Department and vested it in Procurement Division. Public Buildings Branch of Procurement Division was in turn changed to Public Buildings Administration to be within Federal Works Agency by Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427.

§4103. Contracts to furnish property, supplies, or services to Congress; terms varying from those offered other entities of Federal Government

Notwithstanding any provision to the contrary in any contract which is entered into by any person and either the Administrator of General Services or a contracting officer of any executive agency and under which such person agrees to sell or lease to the Federal Government (or any one or more entities thereof) any unit of property, supplies, or services at a specified price or under specified terms and conditions (or both), such person may sell or lease to the Congress the same type of such property, supplies, or services at a unit price or under terms and conditions (or both) which are different from those specified in such contract; and any such sale or lease of any unit or units of such property, supplies, or services to the Congress shall not be taken into account for the purpose of determining the price at which, or the terms and conditions under which, such person is obligated under such contract to sell or lease any unit of such property, supplies, or services to any entity of the Federal Government other than the Congress. For purposes of the preceding sentence, any sale or lease of property, supplies, or services to the Senate (or any office or instrumentality thereof) or to the House of Representatives (or any office or instrumentality thereof) shall be deemed to be a sale or lease of such property, supplies, or services to the Congress.

(Pub. L. 98–63, title I, §903(a), July 30, 1983, 97 Stat. 336.)

Codification

Section was formerly classified to section 111b of this title prior to editorial reclassification and renumbering as this section.

Section is from the Supplemental Appropriations Act, 1983.

Effective Date

Pub. L. 98–63, title I, §903(b), July 30, 1983, 97 Stat. 336, provided that: "The provisions of this section [enacting this section] shall take effect with respect to sales or leases of property, supplies, or services to the Congress after the date of enactment of this section [July 30, 1983]."

Sale or Lease of Property, Supplies, or Services to Congressional Budget Office Deemed Sale or Lease to Congress

Sale or lease of property, supplies, or services to the Congressional Budget Office deemed a sale or lease of such property, supplies, or services to the Congress, see section 605 of this title.

§4104. American goods to be preferred in purchases for Senate and House

The Secretary of the Senate and the Chief Administrative Officer of the House of Representatives shall, in disbursing the public moneys for the use of the two Houses, respectively, purchase only articles the growth and manufacture of the United States, provided the articles required can be procured of such growth and manufacture upon as good terms as to quality and price as are demanded for like articles of foreign growth and manufacture.

(R.S. §69; Pub. L. 104–186, title II, §204(57), Aug. 20, 1996, 110 Stat. 1738.)

Codification

Section was formerly classified to section 109 of this title prior to editorial reclassification and renumbering as this section.

R.S. §69 derived from act June 17, 1844, ch. 105, §1, 5 Stat. 681.

Amendments

1996Pub. L. 104–186 substituted "Chief Administrative Officer" for "Clerk".

§4105. Purchase of paper, envelopes, etc., for stationery rooms of Senate and House

Paper, envelopes, and blank books required by the stationery rooms of the Senate and House of Representatives for sale to Senators and Members for official use may be purchased from the Director of the Government Publishing Office at actual cost thereof and payment therefor shall be made before delivery.

(June 5, 1920, ch. 253, §1, 41 Stat. 1036; Pub. L. 113–235, div. H, title I, §1301(d), Dec. 16, 2014, 128 Stat. 2537.)

Codification

Section was formerly classified to section 110 of this title prior to editorial reclassification and renumbering as this section.

Change of Name

Stationery room of House of Representatives redesignated Office Supply Service.

"Director of the Government Publishing Office" substituted for "Public Printer" in text on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.

§4106. Stationery rooms of House and Senate; specification of classes of articles purchasable

The Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate, respectively, shall make and issue regulations specifying the classes of articles which may be purchased by or through the stationery rooms of the House and Senate.

(May 13, 1926, ch. 294, §2, 44 Stat. 552; Aug. 2, 1946, ch. 753, title I, §102, 60 Stat. 814; Pub. L. 104–186, title II, §204(65), Aug. 20, 1996, 110 Stat. 1739.)

Codification

Section was formerly classified to section 119 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996Pub. L. 104–186 substituted "Committee on House Oversight" for "Committee on Accounts".

1946—Act Aug. 2, 1946, substituted "Committee on Rules and Administration" for "Committee to Audit and Control the Contingent Expenses".

Change of Name

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

Stationery room of House of Representatives redesignated Office Supply Service.

Effective Date of 1946 Amendment

Act Aug. 2, 1946, ch. 753, title I, §142, 60 Stat. 834, provided that the amendment made by that act is effective Jan. 2, 1947.

§4107. Withdrawal of unexpended balances of appropriations

Notwithstanding the provisions of any other law, the unexpended balances of appropriations for the fiscal year 1955 and succeeding fiscal years which are subject to disbursement by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives shall be withdrawn as of June 30 of the second fiscal year following the year for which provided, except that the unexpended balances of such appropriations for the period commencing on July 1, 1976, and ending on September 30, 1976, and for each fiscal year beginning on or after October 1, 1976, shall be withdrawn as of September 30 of the second fiscal year following the period or year for which provided. Unpaid obligations chargeable to any of the balances so withdrawn or appropriations for prior years shall be liquidated from any appropriations for the same general purpose, which, at the time of payment, are available for disbursement.

(Pub. L. 85–58, ch. XI, June 21, 1957, 71 Stat. 190; Pub. L. 94–303, title I, §118(a), June 1, 1976, 90 Stat. 615; Pub. L. 104–186, title II, §204(53), Aug. 20, 1996, 110 Stat. 1737.)

Codification

Section was formerly classified to section 102a of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996Pub. L. 104–186 substituted "Chief Administrative Officer" for "Clerk".

1976Pub. L. 94–303 provided that unexpended balances for period commencing July 1, 1976, and ending Sept. 30, 1976, and for each fiscal year beginning on or after Oct. 1, 1976, be withdrawn as of Sept. 30 of second fiscal year following period or year for which provided.

§4108. Semiannual statements of expenditures by Secretary of Senate and Chief Administrative Officer of House

(1) Commencing with the semiannual period beginning on July 1, 1964, and ending on December 31, 1964, and for each semiannual period thereafter, the Secretary of the Senate and the Chief Administrative Officer of the House of Representatives 1 shall compile, and, not later than sixty days following the close of the semiannual period, submit to the Senate and House of Representatives, respectively, and make available to the public, in lieu of the reports and information required by sections 102, 103, and 104 2 of this title, and S. Res. 139, Eighty-sixth Congress, a report containing a detailed statement, by items, of the manner in which appropriations and other funds available for disbursement by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as the case may be, have been expended during the semiannual period covered by the report, including (1) the name of every person to whom any part of such appropriation has been paid, (2) if for anything furnished, the quantity and price thereof, (3) if for services rendered, the nature of the services, the time employed, and the name, title, and specific amount paid to each person, and (4) a complete statement of all amounts appropriated, received, or expended, and any unexpended balances. Such reports shall include the information contained in statements of accountability and supporting vouchers submitted to the Government Accountability Office pursuant to the provisions of section 3523(a) of title 31. Notwithstanding the foregoing provisions of this section, in any case in which the voucher or vouchers covering payment to any person for attendance as a witness before any committee of the Senate or House of Representatives, or any subcommittee thereof, during any semiannual period, indicate that all appearances of such person covered by such voucher or vouchers were as a witness in executive session of the committee or subcommittee, information regarding such payment, except for date of payment, voucher number, and amount paid, shall not be included in the report compiled pursuant to this section for such semiannual period. Any information excluded from a report for any semiannual period by reason of the foregoing sentence shall be included in the report compiled pursuant to this section for the succeeding semiannual period. Reports required to be submitted to the Senate and the House of Representatives 1 under this section may be printed as Senate and House documents, respectively.

(2) The report by the Secretary of the Senate under paragraph (1) for the semiannual period beginning on January 1, 1976, shall include the period beginning on July 1, 1976, and ending on September 30, 1976, and such semiannual period shall be treated as closing on September 30, 1976. Thereafter, the report by the Secretary of the Senate under paragraph (1) shall be for the semiannual periods beginning on October 1 and ending on March 31 and beginning on April 1 and ending on September 30 of each year.

(3) The report requirement relating to quantity, as contained in subparagraph (2) of paragraph (1), does not apply with respect to the Senate.

(4) Each report by the Secretary of the Senate required by paragraph (1) shall contain a separate summary of Senate accounts statement for each office of the Senate authorized to obligate appropriated funds, including each Senator's office, each officer of the Senate, and each committee of the Senate. The summary of Senate accounts statement shall include—

(A) the total amount of appropriations made available or allocated to the office;

(B) any supplemental appropriation, transfer of funds, or rescission and the effect of such action on the appropriation or allocation to the office;

(C) total expenses incurred for salary and office expenses; and

(D) the unexpended balance.


(5)(A) Notwithstanding the requirements of paragraph (1) relating to the level of detail of statement and itemization, each report by the Secretary of the Senate required under such paragraph shall be compiled at a summary level for each office of the Senate authorized to obligate appropriated funds.

(B) Subparagraph (A) shall not apply to the reporting of expenditures relating to personnel compensation, travel and transportation of persons, other contractual services, and acquisition of assets.

(C) In carrying out this paragraph the Secretary of the Senate shall apply the Standard Federal Object Classification of Expenses as the Secretary determines appropriate.

(6) Beginning with the report covering the first full semiannual period of the 112th Congress, the Secretary of the Senate—

(1) shall publicly post on-line on the website of the Senate each report in a searchable, itemized format as required under this section;

(2) shall issue each report required under this section in electronic form; and

(3) may issue each report required under this section in other forms at the discretion of the Secretary of the Senate.

(Pub. L. 88–454, §105(a), Aug. 20, 1964, 78 Stat. 550; Pub. L. 88–656, Oct. 13, 1964, 78 Stat. 1088; Pub. L. 94–303, title I, §118(b)(1), June 1, 1976, 90 Stat. 615; Pub. L. 102–392, title I, §6, Oct. 6, 1992, 106 Stat. 1707; Pub. L. 103–283, title I, §3(a), July 22, 1994, 108 Stat. 1426; Pub. L. 104–186, title II, §204(54), Aug. 20, 1996, 110 Stat. 1738; Pub. L. 106–554, §1(a)(2) [title I, §1(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-95; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 111–68, div. A, title I, §2, Oct. 1, 2009, 123 Stat. 2026.)

References in Text

Section 102 of this title, referred to in par. (1), was repealed by Pub. L. 104–186, title II, §204(52), Aug. 20, 1996, 110 Stat. 1737.

Sections 103 and 104 of this title, referred to in par. (1), were omitted from the Code.

Codification

Section was formerly classified to section 104a of this title prior to editorial reclassification and renumbering as this section.

In par. (1), "section 3523(a) of title 31" substituted for "section 117(a) of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 67(a))" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Section is based on the first paragraph of section 105(a) of Pub. L. 88–454. Remainder of section 105(a) was classified to section 67 of former Title 31, which was repealed by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted as section 3523 of Title 31, Money and Finance.

Amendments

2009—Par. (1). Pub. L. 111–68, §2(1), substituted "may" for "shall" in last sentence.

Par. (6). Pub. L. 111–68, §2(2), added par. (6).

2004—Par. (1). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".

2000—Par. (5). Pub. L. 106–554 added par. (5).

1996—Par. (1). Pub. L. 104–186 substituted "Chief Administrative Officer" for "Clerk" in two places.

1994—Par. (4). Pub. L. 103–283 added par. (4).

1992—Par. (3). Pub. L. 102–392 added par. (3).

1976Pub. L. 94–303 designated existing provisions as par. (1) and added par. (2).

1964Pub. L. 88–656 provided that information regarding persons paid by voucher for appearances as a witness before any committee of Congress in executive session shall not be included in semiannual report except for date of payment, voucher number, and amount paid, however, any information so excluded shall be included in next succeeding semiannual period.

Effective Date of 2000 Amendment

Pub. L. 106–554, §1(a)(2) [title I, §1(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-96, provided that:

"(1) In general.—Subject to paragraph (2), the amendment made by this section [amending this section] shall take effect on the date of enactment of this Act [Dec. 21, 2000].

"(2) First report after enactment.—The Secretary of the Senate may elect to compile and submit the report for the semiannual period during which the date of enactment of this section occurs, as if the amendment made by this section had not been enacted."

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–283 effective with respect to reports and statements covering periods beginning on and after Oct. 1, 1994, and appropriations made and obligations incurred on and after such date, see section 3(c) of Pub. L. 103–283, set out as a note under section 504 of this title.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the report required by this section is listed on page 1), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

Inapplicability of Section to House of Representatives

Provisions of this section requiring submission and printing of statements and reports not applicable to the House of Representatives, see section 5535(e) of this title.

1 See Inapplicability of Section to House of Representatives note below.

2 See References in Text note below.

§4109. Detailed reports of receipts and expenditures by Secretary of Senate and Chief Administrative Officer of House

The Secretary of the Senate and the Chief Administrative Officer of the House of Representatives, respectively, shall report to Congress on the first day of each regular session, and at the expiration of their terms of service, a full and complete statement of all their receipts and expenditures as such officers, showing in detail the items of expense, classifying them under the proper appropriations, and also showing the aggregate thereof, and exhibiting in a clear and concise manner the exact condition of all public moneys by them received, paid out, and remaining in their possession as such officers.

(R.S. §70; Pub. L. 104–186, title II, §204(60), Aug. 20, 1996, 110 Stat. 1738.)

Codification

Section was formerly classified to section 113 of this title prior to editorial reclassification and renumbering as this section.

R.S. §70 derived from act July 15, 1870, ch. 302, §1, 16 Stat. 365.

Amendments

1996Pub. L. 104–186 substituted "Chief Administrative Officer" for "Clerk".

§4110. Monuments to deceased Senators or House Members

Whenever any deceased Senator or Member of the House of Representatives shall be actually interred in the Congressional Cemetery, so-called, it shall be the duty of the Sergeant at Arms of the Senate, in the case of a Senator, and of the Sergeant at Arms of the House of Representatives, in the case of a Member of the House, to have a monument erected, of granite, with suitable inscriptions, and the cost of the same shall be a charge upon and paid out either from the contingent funds of the Senate or of the House of Representatives, to whichever the deceased may have belonged, and any existing omissions of monuments or inscriptions, as aforesaid, are directed and authorized to be supplied in like manner.

(May 23, 1876, ch. 103, 19 Stat. 54.)

Codification

Section was formerly classified to section 51 of this title prior to editorial reclassification and renumbering as this section.

National Trust Endowment for Care and Maintenance of Congressional Cemetery

Pub. L. 105–275, title II, §209, Oct. 21, 1998, 112 Stat. 2448, provided that:

"(a) Grant for Care and Maintenance of Congressional Cemetery.—In order to assist in the perpetual care and maintenance of the historic Congressional Cemetery, the Architect of the Capitol shall make a grant to the National Trust for Historic Preservation (hereafter in this section referred to as the 'National Trust') in accordance with an agreement entered into by the Architect of the Capitol with the National Trust and the Association for the Preservation of Historic Congressional Cemetery (hereafter in this section referred to as the 'Association') which contains the terms and conditions described in subsection (b) and such other provisions as the Architect may deem necessary or desirable for the implementation of this section or for the protection of the interests of the Federal Government.

"(b) Terms and Conditions of Agreement.—The terms and conditions described in this subsection are as follows:

"(1) Upon receipt of the amounts provided under the grant made under subsection (a), the National Trust shall deposit the amounts in a permanently restricted account in its endowment and shall administer, invest, and manage such grant funds in the same manner as other National Trust endowment funds.

"(2) The National Trust shall make distributions to the Association from the amounts deposited in the endowment pursuant to paragraph (1), in accordance with its regularly established spending rate, for the care and maintenance of the Cemetery (other than the cost of personnel), except that the National Trust may only make such distributions incrementally and proportionately upon receipt by the National Trust of contributions from the Association which incrementally match the amounts provided under the grant made under subsection (a) and which are to be added to the permanently restricted account described in paragraph (1).

"(3) The Association shall use such distributions from the endowment and the match for the care and maintenance of Congressional Cemetery, except that the Association may not use such distributions for nonroutine restoration or capital projects.

"(4) The Association, or any successor thereto, shall maintain adequate records and accounts of all financial transactions and operations carried out with such distributions, and such records shall be available at all times for audit and investigation by the Architect of the Capitol and the Comptroller General.

"(c) No Title in United States.—Nothing in this section shall be construed to vest title to the Congressional Cemetery in the United States."

Congressional Cemetery; Restoration and Preservation; Grants to the Association for the Preservation of Historic Congressional Cemetery

Pub. L. 97–245, Aug. 26, 1982, 96 Stat. 313, provided: "That the Congress finds and declares that—

"(1) sections of the Congressional Cemetery in the District of Columbia are of national historic significance, including those areas in which John Philip Sousa, Matthew Brady, J. Edgar Hoover, several former Members of the United States Senate and House of Representatives, and many other persons of historical importance and interest are buried; and

"(2) the physical condition of these areas and related portions of the cemetery has deteriorated to the extent that restoration is necessary to protect and preserve the historical values of these areas.

"Sec. 2. In order to assist in the restoration and preservation of the historic values of the Congressional Cemetery, the Architect of the Capitol is authorized and directed to make grants to the Association for the Preservation of Historic Congressional Cemetery, Washington, District of Columbia, to be used for a program of restoration and preservation (but not routine maintenance) of the cemetery to be carried out under terms and conditions to be prescribed by the Architect of the Capitol. The Association shall maintain adequate records and accounts of all financial transactions and operations carried out under such program, and such records shall be available at all times for audit and investigation by the Architect or the Comptroller General of the United States. Nothing in this Act shall be construed to vest title to the Congressional Cemetery in the United States.

"Sec. 3. There is authorized to be appropriated $300,000 for grants to be made under section 2 of this Act, such sums to remain available until expended.

"Sec. 4. No authority under this Act to make payments shall be effective except to the extent and in such amounts as provided in advance in appropriations Acts."