United States Code

§ 61h. Compensation of Assistant Secretary for the Majority of the Senate and Assistant Secretary for the Minority of the Senate.

The Assistant Secretary for the Majority of the Senate and the Assistant Secretary for the Minority of the Senate may each be paid at a maximum annual rate of compensation not to exceed $36,765. (Pub. L. 93-371, § 101(4), Aug. 13, 1974, 88 Stat. 429.) EFFECTIVE DATE

Section effective July 1, 1974, see section 101 (4) of Pub. L. 93-371, set out as a note under section 61a of this title.

PRIOR PROVISIONS

Acts Aug. 5, 1955, ch. 568, § 1, 69 Stat. 502; June 27, 1956, ch. 453, § 101, 70 Stat. 357; Aug. 21, 1959, Pub. L. 86-176, § 101, 73 Stat. 399; Aug. 10, 1961, Pub. L. 87-130, § 101, 75 Stat. 321; July 27, 1965, Pub. L. 89-90, § 101, 79 Stat. 266, authorized the basic per annum compensation of the Assistant Secretary for the Majority of the Senate and the Assistant Secretary for the Minority of the Senate to be fixed by the respective Secretaries.

1974 ADJUSTMENT IN COMPENSATION NOT TO SUPERSEDE ADJUSTMENTS IN COMPENSATION OR LIMITATIONS BY PRESIDENT PRO TEMPORE OF THE SENATE

Adjustment in compensation by Pub. L. 93-371 not to supersede order of President Pro Tempore of the Senate authorizing higher rate of compensation or any authority of the President Pro Tempore to adjust rates of compensation or limitations under section 4 of the Federal Pay Comparability Act of 1970, see section 101(4) of Pub. L. 93-371, set out as a note under section 61a of this title.

§ 61h-1. Compensation of Administrative Assistant in Office of Majority Leader of the Senate and Office of Minority Leader of the Senate.

The Administrative Assistant in the Office of the Majority Leader of the Senate and the Administrative Assistant in the Office of the Minority Leader of the Senate may each be paid at a maximum annual rate of compensation not to exceed $36,765. (Pub. L. 93-371, § 101(4), Aug. 13, 1974, 88 Stat. 429.)

EFFECTIVE DATE

Section effective July 1, 1974, see section 101 (4) of Pub. L. 93-371, set out as a note under section 61a of this title.

PRIOR PROVISIONS

Pub. L. 91-145, § 101, Dec. 12, 1969, 83 Stat. 339, authorized the majority and minority leaders of the Senate to each appoint and fix the compensation of an administrative assistant, a legisaltive assistant, an executive secretary, and a clerical assistant in lieu of the positions heretofore authorized by Senate Resolution 158, agreed to December 9, 1941, Pub. L. 86-30, approved May 20, 1959, and Senate Resolution 240, agreed to January 24, 1952. 1974 ADJUSTMENT IN COMPENSATION NOT TO SUPERSEDE ADJUSTMENTS IN COMPENSATION OR LIMITATIONS PRESIDENT PRO TEMPORE OF THE SENATE Adjustment in compensation by Pub. L. 93-371 not to supersede order of President Pro Tempore of the Senate authorizing higher rate of compensation or any authority of the President Pro Tempore to adjust rates of compensation or limitations under section 4 of the Federal Pay Comparability Act of 1970, see section 101(4) of Pub. L. 93-371, set out as a note under section 61a of this title.

Pub. L. 91-145, § 101, Dec. 12, 1969, 83 Stat. 339, authorized the majority and minority whips of the Senate to each appoint and fix the compensation of an administrative assistant and an executive secretary.

1974 ADJUSTMENT IN COMPENSATION NOT TO SUPERSEDE ADJUSTMENTS IN COMPENSATION OR LIMITATIONS BY PRESIDENT PRO TEMPORE OF THE SENATE

Adjustment in compensation by Pub. L. 93-371 not to supersede order of President Pro Tempore of the Senate authorizing higher rate of compensation or any authority of the President Pro Tempore to adjust rates of compensation or limitations under section 4 of the Federal Pay Comparability Act of 1970, see section 101 (4) of Pub. L. 93-371, set out as a note under section 61a of this title.

§ 63a. Compensation of Doorkeeper of the Senate.

The Doorkeeper of the Senate shall be paid at an annual rate of compensation of $38,760. (Pub. L. 93-371, § 101(4), Aug. 13, 1974, 88 Stat. 429.)

EFFECTIVE DATE

Section effective July 1, 1974, see section 101(4) of Pub. L. 93-371, set out as a note under section 61a of this title.

1974 ADJUSTMENT IN COMPENSATION NOT TO SUPERSEDE ADJUSTMENTS IN COMPENSATION OR LIMITATIONS BY PRESIDENT PRO TEMPORE OF THE SENATE

§ 64-1. Employees of Senate Disbursing Office; designation by Secretary of the Senate to administer oaths and affirmations.

The Secretary of the Senate is on and after November 1, 1973, authorized to designate, in writing,

employees of the Disbursing Office of the Senate to administer oaths and affirmations, with respect to matters relating to that Office, authorized or required by law or rules or orders of the Senate (including the oath of office required by section 3331 of Title 5). During any period in which he is so designated, any such employee may administer such oaths and affirmations. (Pub. L. 93-145, § 101, Nov. 1, 1973, 87 Stat. 532.)

§ 64a. Death, resignation, or disability of Secretary of Senate; Financial Clerk deemed successor as disbursing officer.

In the event of the death, resignation, or disability of the Secretary of the Senate, the Financial Clerk of the Senate shall be deemed his successor as a disbursing officer and he shall serve as such disbursing officer until the end of the quarterly period during which a new Secretary shall have been elected and qualified, or such disability shall have been ended. (As amended June 6, 1972, Pub. L. 92-310, title II, § 220 (g), 86 Stat. 204.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which related to the bond of the Financial Clerk.

CERTIFICATION OF DISABILITY

Secretary of the Senate to be considered as disabled for purposes of this section only during such period of time as the Majority and Minority Leaders and the President pro tempore of the Senate certify jointly to the Senate that he is unable to perform his duties, see section 65b of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 64b of this title.

§ 64a-1. Compenstaion of Financial Clerk of the Senate.

The Financial Clerk of the Senate may be paid at a maximum annual rate of compensation not to exceed $37,620. (Pub. L. 93-371, § 101(4), Aug. 13, 1974, 88 Stat. 429.)

EFFECTIVE DATE

Section effective July 1, 1974, see section 101(4) of Pub. L. 93-371, set out as a note under section 61a of this title.

1974 ADJUSTMENT IN COMPENSATION NOT TO SUPERSEDE ADJUSTMENTS IN COMPENSATION OR LIMITATIONS BY PRESIDENT PRO TEMPORE OF THE SENATE

Adjustment in compensation by Pub. L. 93-371 not to supersede order of President Pro Tempore of the Senate authorizing higher rate of compensation or any authority of the President Pro Tempore to adjust rates of compensation or limitations under section 4 of the Federal Pay Comparability Act of 1970, see section 101 (4) of Pub. L. 93-371, set out as a note under section 61a of this title. §64b. Same; Assistant Secretary of the Senate to act

as Secretary in all matters except those of disbursing officer; written designation of absent

status.

In the event of the death, resignation, or disability of the Secretary of the Senate, the Assistant Secretary of the Senate shall act as Secretary in carrying out the duties and responsibilities of that office in all matters, except those matters relating to the Secretary's duties as disbursing officer of the Senate, until such time as a new Secretary shall have been elected and qualified or such disability shall have been ended. For purposes of this section and section 64a of this title, the Secretary of the Senate shall be considered as disabled only during such period of

time as the Majority and Minority Leaders and the President pro tempore of the Senate certify jointly to the Senate that the Secretary is unable to perform his duties. In the event that the Secretary of the Senate is absent or is to be absent for reasons other than disability (as provided in this paragraph), and makes a written designation that he is or will be so absent, the Assistant Secretary shall act during such absence as the Secretary in carrying out the duties and responsibilities of the office in all matters, except those matters relating to the Secretary's duties as such disbursing officer. The designation may be revoked in writing at any time by the Secretary, and is revoked whenever the Secretary making the designation dies, resigns, or is considered disabled in accordance with this paragraph. (Pub. L. 92–184, ch. IV, § 401, Dec. 15, 1971, 85 Stat. 635, amended Pub. L. 93-371, § 101(1), Aug. 13, 1974, 88 Stat. 427.)

AMENDMENTS

1974 Pub. L. 93-371 added provisions relating to the absence of the Secretary of the Senate for reasons other than disability and the written designation of such absent status.

§ 65. Repealed. Pub. L. 92-310, title II, § 220(a), (c), June 6, 1972, 86 Stat. 204.

Section, R.S. §§ 57, 59; act Mar. 2, 1895, ch. 177, § 5, 25 Stat. 807, required the Secretary of the Senate to give a bond in the sum of $20,000.

§ 66. Repealed. Pub. L. 93-344, title V, § 505(1), July 12, 1974, 88 Stat. 322.

Section, act June 19, 1934, ch. 648, title I, § 1, 48 Stat. 1022, directed that the fiscal year for the adjustment of accounts of the Secretary of the Senate for compensation and mileage of Senators extend from July 1 to June 30. EFFECTIVE DATE OF REPEAL

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

§ 68. Payments from contingent fund of Senate.

No payment shall be made from the contingent fund of the Senate unless sanctioned by the Committee on Rules and Administration of the Senate. Payments made upon vouchers or abstracts of disbursements of salaries approved by said Committee shall be deemed, held, and taken, and are declared to be conclusive upon all the departments and officers of the Government: Provided, That no payment shall be made from said contingent fund as additional salary or compensation to any officer or employee of the Senate. (As amended Dec. 27, 1974, Pub. L. 93-554, title I, ch. III, § 101, 88 Stat. 1776.)

AMENDMENTS

1974-Pub. L. 93-554 added provision relating to applicability to payments made upon abstracts of disbursements of salaries.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 101 of Pub. L. 93-554 provided in part that amendment by Pub. L. 93-554 is effective Jan. 1, 1975. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 601 of this title. § 68-1. Same; designation of Committee employee to approve vouchers on behalf of Committee. The Committee on Rules and Administration may authorize its chairman to designate one committee employee to approve in his behalf, all vouchers mak

ing payments from the contingent fund of the Senate, such approval to be deemed and held to be approval by the Committee on Rules and Administration for all intents and purposes. (Pub. L. 93–145, § 101, Nov. 1, 1973, 87 Stat. 529.)

§ 72a. Committee staffs.

(g) Appointments when no vacancy exists; payment from contingent fund of the Senate.

In any case in which a request for the appointment of a minority staff member under subsection (a) or subsection (c) of this section is made at any time when no vacancy exists to which the appointment requested may be made

(1) the person appointed pursuant to such a request under subsection (a) of this section may serve in addition to any other professional staff members authorized by such subsection and may be paid from the contingent fund of the Senate until such time as such a vacancy occurs, at which time such person shall be considered to have been appointed to such vacancy; and

(2) the person appointed pursuant to such a request under subsection (c) of this section may serve in addition to any other clerical staff members authorized by such subsection and may be paid, until otherwise provided, from the contingent fund of the Senate.

(j) Specialized training for professional staffs of Senate and House standing committees, Senate Appropriations Committee, Senate Majority and Minority Policy Committees, and joint committees whose funding is disbursed by the Secretary of the Senate or the Clerk of the House; assistance: pay, tuition, etc. while training; continued employment agreement; service credit: retirement, life insurance and health insurance.

(1) Each standing committee of the Senate or House of Representatives is authorized, with the approval of the Committee on Rules and Administration in the case of standing committees of the Senate, and the Committee on House Administration in the case of standing committees of the House of Representatives, and within the limits of funds made available from the contingent funds of the respective Houses pursuant to resolutions, which shall specify the maximum amounts which may be used for such purpose, approved by such respective Houses, to provide assistance for members of its professional staff in obtaining specialized training, whenever that committee determines that such training will aid the committee in the discharge of its responsibilities. Any joint committee of the Congress whose expenses are paid out of funds disbursed by the Secretary of the Senate or by the Clerk of the House, the Committee on Appropriations of the Senate, and the Majority Policy Committee and Minority Policy Committee of the Senate are each authorized to expend, for the purpose of providing assistance in accordance with paragraphs (2), (3), and (4) of this subsection for members of its staff in obtaining such training, any part of amounts appropriated to that committee.

(As amended Oct. 11, 1971, Pub. L. 92-136, § 5, 85 Stat. 378.)

AMENDMENTS

1971-Subsec. (g). Pub. L. 92-136, § 5(a), permitted a clerical staff member, appointed at the request of the minority when no vacancy exists on the permanent staff, to continue to serve, in addition to any other clerical staff members authorized, and until otherwise provided, to continue to be paid from the contingent fund of the Senate, thereby eliminating the requirement, in the case of a clerical staff member, that this status continue until such time as a vacancy occurs, at which time such person is considered to be appointed to such vacancy.

Subsec. (j) (1). Pub. L. 92-136, § 5(b), authorized the same training opportunities for professional staff members of the Senate Appropriations Committee, the Senate Majority and Minority Policy Committees and joint committees whose expenses are paid out of funds disbursed by the Secretary of the Senate or the Clerk of the House, as are afforded to professional staff members of standing committees.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-136 effective as of noon on Jan. 3, 1971, see section 9(a) of Pub. L. 92-136, set out as a note under section 190d of this title.

§ 75. Repealed. Pub. L. 92-310, title II, § 220(b), (c), June 6, 1972, 86 Stat. 204.

Section, R.S. §§ 58, 59; act Mar. 2, 1895, ch. 177, § 5, 28 Stat. 807, required the Clerk of the House of Representatives to give a bond in the sum of $20,000.

§ 75a. Death, resignation, etc., of Clerk of House; accounts and payments; liability of Clerk for acts and defaults of disbursing clerk.

On and after June 8, 1942, in case of the death, resignation, separation from office, or disability of the Clerk of the House of Representatives, the accounts of such Clerk may be continued and payments made in his name by the disbursing clerk of

the House of Representatives for a period extending not beyond the quarterly period during which a new Clerk of the House of Representatives shall have been elected and qualified. Such accounts and payments shall be allowed, audited, and settled in the General Accounting Office, and the checks signed in the name of the former Clerk of the House of Representatives shall be honored by the Treasurer of the United States, in the same manner as if such former Clerk had continued in office. The former Clerk or his estate shall not be subject to any legal liability or penalty for the official acts and defaults of such disbursing clerk acting in the name or in the place of such former Clerk under this section, but such disbursing clerk shall be responsible therefor. (As amended June 26, 1972, Pub. L. 92-310, title II, § 220 (i), 86 Stat. 205.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which related to the sureties on the bond of the former clerk, and which required the disbursing clerk to give a bond. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 75a-1 of this title. § 80. Same; disbursement of compensation of Members and Delegates.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in section 1-292 of the District of Columbia Code.

§ 81. Repealed. Pub. L. 93-344, title V, § 505(2), July 12, 1974, 88 Stat. 322.

Section, act July 2, 1954, ch. 455, title I, § 101, 68 Stat. 400, directed that the fiscal year for the adjustment of the accounts of the Sergeant at Arms of the House of Representatives for compensation and mileage of Members, Delegates, and the Resident Commissioner extend from July 1 to June 30.

EFFECTIVE DATE OF REPEAL

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

§ 82. Repealed. Pub. L. 92-310, title II, § 220(d), (e), June 6, 1972, 86 Stat. 204.

Section, acts Oct. 1, 1890, ch. 1256, §§ 4, 5, 26 Stat. 645, 646; Mar. 2, 1895, ch. 177 § 5, 28 Stat. 807, required the Sergeant of Arms of the House of Representatives to give a bond in the sum of $50,000.

§ 88a. Education of Congressional and Supreme Court pages; appropriations; attendance at private or parochial schools.

CROSS REFERENCES

Personnel for education of pages, employment and compensation by Board of Education of District of Columbia, see D.C. Code § 31-121.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 184a.

§§ 88b, 88b-1.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in title 40 section 184a. § 92. Payment of appropriations for clerk hire for Members, Delegates, and Resident Commissioners. CROSS REFERENCES

Delegates from Guam and Virgin Islands, clerk hire, see section 1715 of Title 48, Territories and Insular Possessions.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in section 1-292 of the District of Columbia Code.

§ 92b. Pay of clerical assistants as affected by death or resignation of Member of House.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in section 1-292 of the District of Columbia Code.

§ 95. Payments from contingent fund of House of Representatives.

No payment shall be made from the contingent fund of the House of Representatives unless sanctioned by the Committee on House Administration of the House of Representatives. Payments made upon vouchers approved by said Committee shall be deemed, held, and taken, and are declared to be conclusive upon all the departments and officers of the Government: Provided, That no payment shall be made from said contingent fund as additional salary or compensation to any officer or employee of the House of Representatives. (As amended Dec. 27, 1974, Pub. L. 93-554, title I, ch. III, § 101, 88 Stat. 1776.)

AMENDMENTS 1974-Pub. L. 93-554 reenacted section substantially without change.

EFFECTIVE DATE OF 1974 AMENDMENT Section 101 of Pub. L. 93-554 provided in part that amendment by Pub. L. 93-554 is effective Jan. 1, 1975.

§ 112e. Electrical and mechanical office equipment of House members, officers and committees.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in section 1-292 of the District of Columbia Code.

§ 122. Office space in home districts of House Members and Resident Commissioner.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in section 1-292 of the District of Columbia Code.

§ 122a. Reimbursement of House Members and Resident Commissioner for office expenses outside District of Columbia.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 31b-2 of this title. § 123b. House and Senate Recording Studio.

(n) Repealed. Pub. L. 92-310, title II, § 220(j), June 6, 1972, 86 Stat. 205.

(As amended June 6, 1972, Pub. L. 92-310, title II, § 220 (j), 86 Stat. 205.)

AMENDMENTS

1972 Subsec. (n). Pub. L. 92-310 repealed subsec. (n) which required the Directors of the House and Senate Recording Studios to give bonds in the sum of $20,000 each.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in section 1-292 of the District of Columbia Code.

§ 127. Repealed. Pub. L. 92-51, § 101, July 9, 1971, 85 Stat. 129.

Section, Pub. L. 87-130, § 101, Aug. 10, 1961, 75 Stat. 323; Pub. L. 89-90, § 101, July 27, 1965, 79 Stat. 269; Pub. L. 91-145, § 101, Dec. 12, 1969, 83 Stat. 343, provided for reimbursement of transportation expenses of employees in Senator's office, authorizing eight round trips in any fiscal year and two additional mileage payments when office of Senator is from a State having a population of

ten million or more inhabitants and requiring voucher certification of travel as being in line of official duty, and is now covered by section 43b of this title.

EFFECTIVE DATE OF REPEAL

Section 101 of Pub. L. 92-51 provided in part for repeal of provisions effective July 1, 1971.

§ 130c. Waiver by Secretary of the Senate of claims of the United States arising out of erroneous payments to Vice President, Senator, or Senate employee whose pay is disbursed by the Secretary of the Senate.

(a) 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 the Vice President, a Senator, or to an officer or employee whose pay is disbursed by the Secretary of the Senate, 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 Secretary of the Senate, if the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official. An application for waiver shall be investigated by the Financial Clerk of the Senate who shall submit a written report of his investigation to the Secretary of the Senate. An application for waiver of a claim in an amount aggregating more than $500 shall also be investigated by the Comptroller General of the United States who shall submit a written report of his investigation to the Secretary of the Senate.

(b) The Secretary of the Senate 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 Vice President, the Senator, 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.

(c) In the audit and settlement of 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.

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

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

(f) The Secretary of the Senate shall promulgate rules and regulations to carry out the provisions of this section. (Pub. L. 93-359, § 2, July 25, 1974, 88 Stat. 394.)

CROSS REFERENCES

Claims for overpayment of pay or allowances to employees of agencies generally, see section 5584 of Title 5, Government Organization and Employees.

40-190 0-75-Vol. 1-5

§ 130d. Waiver by Speaker of the House of Representatives of claims of the United States arising out of erroneous payments to officers or employees whose pay is disbursed by the Clerk of the House of Representatives.

(b) An application for waiver of a claim shall be investigated by the Clerk of the House of Representatives who shall submit a written report of his investigation to the Speaker of the House.

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

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

(g) 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.)

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