[USC02] 2 USC CHAPTER 45, SUBCHAPTER II, Part B: Administration
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2 USC CHAPTER 45, SUBCHAPTER II, Part B: Administration
From Title 2—THE CONGRESSCHAPTER 45—CONGRESSIONAL PAY AND BENEFITSSUBCHAPTER II—HOUSE OF REPRESENTATIVES

Part B—Administration

§4551. Day for paying salaries of the House of Representatives

The usual day for paying salaries in or under the House of Representatives shall be the last day of each month, except that if the last day of a month falls on a Saturday, Sunday, or a legal public holiday, the Chief Administrative Officer of the House of Representatives shall pay such salaries on the first weekday which precedes the last day.

(Pub. L. 107–68, title I, §116(a), Nov. 12, 2001, 115 Stat. 573.)


Editorial Notes

Codification

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

Section is from the Congressional Operations Appropriations Act, 2002, which is title I of the Legislative Branch Appropriations Act, 2002.


Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 107–68, title I, §116(c), Nov. 12, 2001, 115 Stat. 573, provided that: "This section [enacting this section and repealing sections 60d, 60e, and 60e–1 of this title] and the amendments made by this section shall apply with respect to pay periods beginning after the expiration of the 1-year period which begins on the date of the enactment of this Act [Nov. 12, 2001]."

§4552. Certificates to pay rolls of employees of House

The Clerk, Sergeant at Arms, and Chief Administrative Officer of the House of Representatives shall make certificate each month to their respective pay rolls, stating whether the persons named in such pay rolls and employed in their respective departments have been actually present at their respective places of duty and have actually performed the services for which compensation is provided in said pay rolls, and in each case where a person carried on such pay roll has been absent and has not performed the services in whole or in part for which payment is proposed, the reason for such absence and for such nonperformance of services shall be stated.

(Mar. 3, 1901, ch. 830, §1, 31 Stat. 968; Pub. L. 104–186, title II, §204(41), Aug. 20, 1996, 110 Stat. 1736.)


Editorial Notes

Codification

Section was formerly classified to section 89 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996Pub. L. 104–186 substituted "and Chief Administrative Officer" for "Doorkeeper, and Postmaster".

§4553. Gratuities for survivors of deceased House employees; computation

The Chief Administrative Officer of the House of Representatives is on and after July 2, 1954, authorized to pay, from the applicable accounts of the House of Representatives, a gratuity to the widow, widower, or heirs-at-law, of each deceased employee of the House an amount equal to one month's salary for each year or part of year of the first six years service of such employee plus one-half of one month's salary for each year or part of year of such service in excess of six years to and including the eighteenth year of such service. Service computed hereunder shall include all Federal civilian employment, and military service where such service interrupted Federal civilian employment.

(July 2, 1954, ch. 455, title I, 68 Stat. 403; Pub. L. 104–186, title II, §204(70), Aug. 20, 1996, 110 Stat. 1740.)


Editorial Notes

Codification

Section was formerly classified to section 125 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996Pub. L. 104–186 substituted "Chief Administrative Officer of the House of Representatives" for "Clerk of the House" and "applicable accounts of the House of Representatives" for "contingent fund of the House".

§4554. Waiver by Speaker of House of claims of United States arising out of erroneous payments to officers or employees paid by Chief Administrative Officer of House

(a) Waiver of claim for erroneous payment of pay or allowances

A claim of the United States against a person arising out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, on or after July 25, 1974, to an officer or employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by the Speaker of the House.

(b) Investigation and report

An application for waiver of a claim shall be investigated by the Chief Administrative Officer of the House of Representatives who shall submit a written report of his investigation to the Speaker of the House.

(c) Prohibition of waiver

The Speaker of the House may not exercise his authority under this section to waive any claim—

(1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the officer or employee or any other person having an interest in obtaining a waiver of the claim; or

(2) if the application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered.

(d) Credit for waiver

In the audit and settlement of the accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section.

(e) Effect of waiver

An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes.

(f) Construction with other laws

This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States.

(g) Rules and regulations

The Speaker of the House shall prescribe rules and regulations to carry out the provisions of this section.

(Pub. L. 93–359, §3, July 25, 1974, 88 Stat. 395; Pub. L. 104–186, title II, §204(76), Aug. 20, 1996, 110 Stat. 1742; Pub. L. 104–316, title I, §102(c), Oct. 19, 1996, 110 Stat. 3828.)


Editorial Notes

Codification

Section was formerly classified to section 130d of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996—Subsec. (a). Pub. L. 104–316 struck out ", if the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official" before period at end.

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

Subsec. (b). Pub. L. 104–186 substituted "Chief Administrative Officer" for "Clerk".

§4555. Withholding of State income tax by Chief Administrative Officer of House

(a) Agreement with proper State official; covered individuals

Until otherwise provided by law, the Chief Administrative Officer of the House of Representatives shall, in accordance with subsections (b), (c), and (d) enter into an agreement with any State, at the request for agreement from the proper State official. The agreement shall provide that the Chief Administrative Officer shall withhold State income tax in the case of each Member and employee who is subject to such income tax and who voluntarily requests such withholding.

(b) Number of remittances authorized

Any agreement entered into under subsection (a) shall not require the Chief Administrative Officer to remit sums withheld pursuant to any such agreement more often than once each calendar quarter.

(c) Acceptance or disapproval of proposed agreement by Committee on House Administration

(1) The Chief Administrative Officer shall, before entering into any agreement under subsection (a), transmit a statement with respect to the proposed agreement to the Committee on House Administration of the House of Representatives (hereinafter in this section and section 4556 of this title referred to as the "committee"). Such statement shall set forth a detailed description of the proposed agreement, together with any other information which the committee may require.

(2) If the committee does not disapprove, through appropriate action, any proposed agreement transmitted to the committee under paragraph (1) no later than ten legislative days after receiving such proposed agreement, then the Chief Administrative Officer may enter into such proposed agreement. The Chief Administrative Officer may not enter into any proposed agreement if such proposed agreement is disapproved by the committee under this paragraph.

(d) Number and effective date of requests for withholding; change of designated State; revocation of request

(1) A Member or employee may have in effect at any time only one request for withholding under subsection (a), and such Member or employee may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholding is effective on the first day of the month in which the request is processed by the Chief Administrative Officer, but in no event later than on the first day of the first month beginning after the day on which such request is received by the Chief Administrative Officer, except that—

(A) when the Chief Administrative Officer first enters into an agreement with a State under subsection (a), a request for withholding shall be effective on such date as the Chief Administrative Officer may determine;

(B) when an individual first receives an appointment as an employee, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment; and

(C) when an individual first becomes a Member, the request shall be effective on the day such individual takes the oath of office as a Member, if the individual makes the request at such time.


(2) A Member or employee may change the State designated by such Member or employee for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. A Member or employee also may revoke any request of such Member or employee for withholding. Any change in the State designated or revocation is effective on the first day of the month in which the request or the revocation is processed by the Chief Administrative Officer, but in no event later than on the first day of the first month beginning after the day on which such request or revocation is received by the Chief Administrative Officer.

(e) Provisions as not imposing duty, burden, requirement or penalty on United States, House, or any officer or employee of United States; effect of filing paper, form, or document with Chief Administrative Officer

This section and section 4556 of this title impose no duty, burden, or requirement upon the United States, the House of Representatives, or any officer or employee of the United States, except as specifically provided in this section and section 4556 of this title. Nothing in this section and section 4556 of this title shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the House of Representatives, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section and section 4556 of this title. Any paper, form, document, or any other item filed with, or submitted to, the Chief Administrative Officer under this section and section 4556 of this title is considered to be a paper of the House of Representatives within the provisions of the Rules of the House of Representatives.

(Pub. L. 94–440, title II, §101, Oct. 1, 1976, 90 Stat. 1448; Pub. L. 104–186, title II, §204(4), Aug. 20, 1996, 110 Stat. 1730.)


Editorial Notes

Codification

Section was formerly classified to section 60e–1a of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.

Section is based on section 1 of House Resolution No. 732, Ninety-fourth Congress, Nov. 4, 1975, which was enacted into permanent law by Pub. L. 94–440.

Amendments

1996—Subsec. (a). Pub. L. 104–186, §204(4)(B), substituted "provide that the Chief Administrative Officer shall withhold" for "provide that—

"(1) the Clerk, in the case of employees whose compensation is disbursed by the Clerk; and

"(2) the Sergeant at Arms, in the case of Members of the House of Representatives;

shall withhold".

Pub. L. 104–186, §204(4)(A), substituted "Chief Administrative Officer of the House of Representatives shall, in accordance with" for "Clerk of the House of Representatives (hereinafter in this section and section 60e–1b of this title referred to as the 'Clerk') and the Sergeant at Arms of the House of Representatives (hereinafter in this section and section 60e–1b of this title referred to as the 'Sergeant at Arms') shall, in accordance with the provisions of".

Subsec. (b). Pub. L. 104–186, §204(4)(C), substituted "Chief Administrative Officer" for "Clerk or the Sergeant at Arms".

Subsec. (c)(1). Pub. L. 104–186, §204(4)(D), substituted "Chief Administrative Officer" for "Clerk and the Sergeant at Arms".

Subsec. (c)(2). Pub. L. 104–186, §204(4)(E), substituted "Chief Administrative Officer" for "Clerk or the Sergeant at Arms, as the case may be," in two places.

Subsecs. (d), (e). Pub. L. 104–186, §204(4)(F), substituted "Chief Administrative Officer" for "Clerk or the Sergeant at Arms" wherever appearing.

§4556. State income tax withholding; definitions

For purposes of section 4555 of this title and this section—

(1) the term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States;

(2) the term "Member" means a Member of the House of Representatives, the Delegates from the District of Columbia, Guam, and the Virgin Islands, and the Resident Commissioner from Puerto Rico; and

(3) the term "legislative days" does not include any calendar day on which the House of Representatives is not in session.

(Pub. L. 94–440, title II, §101, Oct. 1, 1976, 90 Stat. 1448.)


Editorial Notes

Codification

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

Section is based on section 2 of House Resolution No. 732, Ninety-fourth Congress, Nov. 4, 1975, which was enacted into permanent law by Pub. L. 94–440.

§4557. Withholding of charitable contributions by Chief Administrative Officer of House

(a) Authority

Until otherwise provided by law and except as provided in subsection (c), the Chief Administrative Officer of the House of Representatives shall—

(1) notify employees of the opportunity to have amounts withheld from their compensation for contribution to charitable organizations; and

(2) if an employee files with such officer a voluntary request specifying the amount to be withheld and one Combined Federal Campaign Center in the Washington metropolitan area to receive such amount—

(A) withhold such amount from the compensation of such employee, and

(B) transmit (not less than once each calendar quarter) the amount so withheld to the Combined Federal Campaign Center as specified in such request.

(b) Time of fundraising activities

The Chief Administrative Officer of the House of Representatives shall, to the extent practicable, carry out subsection (a) at or about the time of the Combined Federal Campaign and other fundraising in the executive branch of the Federal Government conducted pursuant to Executive Order 10927, dated March 18, 1961, and at such other times as such officer deems appropriate.

(c) Minimum amounts withheld

(1) No amount shall be withheld under subsection (a) from the compensation of any employee for any pay period if the amount of such compensation for such period is less than the sum of—

(A) the amount specified to be withheld from such compensation under subsection (a) for such period, plus

(B) the amount of all other withholdings from such compensation for such period.


(2) No amount may be specified by an employee to be withheld for any pay period under subsection (a) which is less than—

(A) 50 cents, if the pay period of such individual is biweekly or semimonthly; or

(B) $1, if the pay period of such individual is monthly.

(d) Duty, burden, or requirement not imposed

This section imposes no duty, burden, or requirement upon the United States, the House of Representatives, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the House of Representatives, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. Any paper, form, document, or any other item filed with, or submitted to, the Chief Administrative Officer of the House of Representatives under this section is considered to be a paper of the House of Representatives within the provisions of the Rules of the House of Representatives.

(Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777; Pub. L. 104–186, title II, §204(5)(A), Aug. 20, 1996, 110 Stat. 1730.)


Editorial Notes

References in Text

Executive Order 10927, dated March 18, 1961, referred to in subsec. (b), was revoked, and is covered, by Ex. Ord. No. 12353, Mar. 23, 1982, 47 F.R. 12785.

Codification

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

Section is based on section 1 of House Resolution No. 12, Ninety-fifth Congress, August 5, 1977, which was enacted into permanent law by Pub. L. 95–391.

Amendments

1996—Subsec. (a). Pub. L. 104–186, §204(5)(A)(i), substituted "Chief Administrative Officer" for "Clerk" in introductory provisions.

Subsecs. (b), (d). Pub. L. 104–186, §204(5)(A)(ii), substituted "Chief Administrative Officer of the House of Representatives" for "Clerk".

§4558. Withholding of charitable contributions; definitions

For purposes of section 4557 of this title

(1) the term "charitable organizations" means national voluntary health and welfare agencies designated by the Director of the Office of Personnel Management pursuant to Executive Order 10927, dated March 19, 1961; and

(2) the term "employee" means any employee of the House of Representatives whose compensation is disbursed by the Chief Administrative Officer of the House of Representatives.

(Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 104–186, title II, §204(5)(B), Aug. 20, 1996, 110 Stat. 1730.)


Editorial Notes

References in Text

Executive Order 10927, dated March 18, 1961, referred to in par. (1), was revoked, and is covered, by Ex. Ord. No. 12353, Mar. 23, 1982, 47 F.R. 12785.

Codification

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

Section is based on section 2 of House Resolution No. 12, Ninety-fifth Congress, August 5, 1977, which was enacted into permanent law by Pub. L. 95–391.

Amendments

1996—Par. (1). Pub. L. 104–186, §204(5)(B)(i), inserted "and" at end.

Par. (2). Pub. L. 104–186, §204(5)(B)(ii), (iv), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "the term 'Clerk' means the Clerk of the House of Representatives;".

Par. (3). Pub. L. 104–186, §204(5)(B)(iii), (iv), substituted "Chief Administrative Officer of the House of Representatives" for "Clerk" and redesignated par. (3) as (2).


Executive Documents

Transfer of Functions

"Director of the Office of Personnel Management" substituted for "Chairman of the Civil Service Commission" in par. (1) pursuant to Reorg. Plan No. 2 of 1978, §102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in United States Civil Service Commission and Chairman thereof to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

§4559. Certification of indebtedness of employees of House; withholding of amount

Whenever an employee of the House of Representatives becomes indebted to the House of Representatives and fails to pay the indebtedness, the chairman of the committee or the elected officer of the House of Representatives that has jurisdiction over the activity under which the indebtedness arises may certify to the Chief Administrative Officer of the House of Representatives the amount of the indebtedness. The Chief Administrative Officer of the House of Representatives is authorized to withhold the amount so certified from any amount which is disbursed by him and which is due to, or on behalf of, such employee. Whenever an amount is withheld under this section, the appropriate account shall be credited in an amount equal to the amount so withheld. As used in this section, the term "employee of the House of Representatives" means any person in the legislative branch of the Government whose salary, wages, or other compensation is disbursed by the Chief Administrative Officer of the House of Representatives.

(Pub. L. 85–492, July 2, 1958, 72 Stat. 293; Pub. L. 104–186, title II, §204(42), Aug. 20, 1996, 110 Stat. 1736.)


Editorial Notes

Codification

Section was formerly classified to section 89a of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996Pub. L. 104–186 substituted "and fails to pay the indebtedness, the chairman of the committee or the elected officer of the House of Representatives that has jurisdiction over the activity under which the indebtedness arises may certify to the Chief Administrative Officer of the House of Representatives the amount of the indebtedness" for ", or to the trust fund account in the office of the Sergeant at Arms of the House of Representatives, and such employee fails to pay such indebtedness, the chairman of the committee, or the elected officer, of the House of Representatives having jurisdiction of the activity under which such indebtedness arose, is authorized to certify to the Clerk of the House of Representatives the amount of such indebtedness" in first sentence and "Chief Administrative Officer" for "Clerk" in second and last sentences.

§4560. Deductions by Chief Administrative Officer in disbursement of gratuity appropriations

The Chief Administrative Officer of the House of Representatives is authorized, in the disbursement of gratuity appropriations, to make deductions of such amounts as may be due to or through his office or as may be due the House of Representatives.

(May 29, 1928, ch. 853, §1, 45 Stat. 885; Pub. L. 104–186, title II, §204(26), Aug. 20, 1996, 110 Stat. 1734.)


Editorial Notes

Codification

Section was formerly classified to section 80a of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996Pub. L. 104–186 substituted "Chief Administrative Officer of the House of Representatives" for "Sergeant-at-Arms of the House".