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B. Amending the Legislative Reorganization Act of 1946 To

Provide for the Appointment of Persons To Exercise Temporarily the Duties of Certain Offices of the House of Representatives

(67 Stat. 387)

This act was the result of the enactment of H.R. 6571, 83d Congress. It was approved on August 5, 1953, as Public Law 197, 83d Congress. The text of the act appears in volume 67, Statutes at Large, page 387. Its provisions are codified as 2 U.S.C. 72a note.

A. LEGISLATIVE HISTORY OF PUBLIC LAW 197, 83D CONGRESS

1. CONGRESSIONAL PECOPD REFERENCES TO DEBATES, ETC.

(Page citations are to vol. 99, Congressional Record) H.R. 6571: Amending the Legislative Reorganization Act of 1946, to provide for the appointment of persons to exercise temporarily the duties of certain offices of the House of Representatives. Mr. Halleck: Passed House, 10128, 10215. Passed Senate, 10073. Examined and signed, 10124, 10214. Presented to the President, 10434. Approved (Public Law 197), 11159.

2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS

RELATING TO PUBLIC LAW 197, 83D CONGRESS

(None found.)

3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 197, 83D CONGRESS

(None found.)

B. TEXT OF PUBLIC Law 197, 83D CONGRESS

AN ACT
Amending the Legislative Reorganization Act of 1946 to provide for the

appointment of persons to exercise temporarily the duties of certain ofices
of the House of Representatives.

August 5, 1953 (H. R. 65701

60 Stat. 812.
2 USC 72. goto.

House of Rep. resentatives,

Cartuin tom. porery appoint

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Legislative
Reorganization Act of 1946, as amended, is amended by adding after
section 207 the following new section:

"Sec. 208. (a) In case of a vacancy, from whatever cause, in the
office of Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or
Chaplain, of the House of Representatives, or in case of the incapacityment:
or inability of the incumbent of any such office to perform the duties
thereof, the Speaker of the House of Representatives may appoint
a person to act as, and to exercise temporarily the duties of, Clerk,
Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain, as the case
may be, until a person is chosen by the House of Representatives and
duly qualifies as Clerk, Sergeant at Arms, Doorkeeper, Postmaster,
or Chaplain, as the case may be, or until the termination of the
incapacity or inability of the incumbent.

“(b) Any person appointed pursuant to this section shall exercise all the duties, shall have all the powers, and shall be subject to all the requirements and limitations applicable with respect to one chosen by the House of Representatives to fill the office involved; but nothing in this section shall be held to amenil, repeal, or otherwise affect section 7 of the Legislative Branch Appropriation Act, 1943 (2 U. S. C., sec. 75a).

"(c) Any person appointed pursuant to this section shall be paid Compensation. the compensation which he would receive if he were chosen by the House of Representatives to fill the office involved, unless such person is concurrently serving in any office or position the compensation for which is paid from the funds of the United States, in which case he shall receive no compensation for services rendered pursuant to his appointment under this section, and his compensation for performing the duties of such oflice other than the one to which he is appointed pursuant to this section shall be in full discharge for all services he performs for the United States while serving in such dual capacity."

Approved August 5, 1968.

56 Stat. 350.

C. To Amend Title VI of the Legislative Reorganization Act of

1946, as Amended, With Respect to the Retirement of Employees in the Legislative Branch

(68 Stat. 21)

This act was the result of the enactment of S. 2175, 83d Congress. It was approved on March 6, 1954, as Public Law 303, 83d Congress. The text of the act appears in volume 68, Statutes at Large, pages 21–23. Its provisions are codified as 5 U.S.C.693 et seq.

A. LEGISLATIVE HISTORY OF Public Law 303, 830 CONGRESS

1. CONGRESSIONAL RECORD REFERENCES TO DEBATES, ETC.

(Page citations are to vol. 99, Congressional Record) S. 2175: To amend title VI of the legislative branch. Mrs. Smith of Maine; from Committee on Government Operations (S. Rept. 454), 6951. Ordered placed on the calendar, 6951. Objected to, 7996, 8948. Debated, 9042, 9054. Amended and passed Senate, 9058. Referred to House Committee on Post Office and Civil Service, 9302.

(Page citations are to vol. 100, Congressional Record) Reported with amendment (H. Rept. 1127), 914. Amended and passed House, 1133. Senate disagrees to House amendment and asks for a conference, 1216. Conferees appointed, 1217. House insists on its amendments and agrees to a conference, 1281. Conferees appointed, 1281. Conference report (H. Rept. 1201) submitted in House and agreed to, 1937. Conference report submitted in Senate and agreed to, 2346. Examined and signed, 2358, 2412. Presented to the President, 2358. Approved (Public Law 303), 2770.

2. SERIAL NUMBERS TO "BOUND VOLUMES OF CONGRESSIONAL REPORTS

RELATING TO PUBLIC LAW 303, 83D CONGRESS

Senate Report 454, 83d Congress, 11660.
House Report 1127, 83d Congress, 11737.
House Report 1201 (conference), 11737.

3. CONGRESSIONAL REPORTS RELATING TO PUBLIC LAW 303,

83D CONGRESS

Senate Committee on Government Operations, 83d Congress: Retirement of employees in the legislative branch, June 8, 1953, on S. 2175. B. TEXT OF PUBLIC Law 303, 83D CONGRESS

AN ACT
To amend title VI of the Legislative Reorganization Act of 1046, as amended,

with respect to the retirement of employees in the Legislative Branch.

March 6, 1954

(S.21751

Legislativa Branch

Retirement bene. fita.

60 Stat. 8 SO.

46 Stat. 468; 63 Stat. 476.

5 USC 698 Computation.

50 Stat. 61

5 USC 693b693d, 698b, 71 5d,

Restrictions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Title VI of the Legislative Reorganization Act of 1946, as amended, is amended by adding at the end thereof the following new section:

“Sec. 603. (a) Section 4 of the Civil Service Retirement Act of May 29, 1930, as amended, is amended by adding at the end thereof the following new subsection:

"(8) Any officer or employee in the legislative branch of the Government within the classes of officers and employees made eligible for the benefits of this Act by the Act of July 13, 1937, the Act of June 21, 1947, or the Act of July 23, 1953, who is separated from Stat. 135: 67 Stat. service on or after the date of enactment of this subsection after 186 having rendered at least five years of service as such an officer or employee and after having become entitled to an immediate or future 719a, 693. annuity under this Act shall, if he so elects at the time of commencement of such annuity, be paid, in lieu of an annuity computed under subsection (a), a life annuity equal to the sum of the following:

“'(A) 22/2 per centum of the average salary, pay, or compensation received by him during any five consecutive years of allowable service at his option multiplied l.y the sum of the years, not exceeding fifteen, of his service as an employee described in this subsection and of his allowable military or naval service; and

“(B) 11/2 per centum of such average salary, pay, or compensation multiplied by the years of his allowable service other than

service used in computing annuity under clause (A). In no case shall an annuity computed under this subsection exceed an amount equal to 80 per centum of the highest average annual salary, pay, or compensation received by the officer or employee during any five consecutive years of allowable service. No officer or employee shall be entitled to the benefits of this subsection unless (i) there shall have been deducted and withheld from his salary, pay, or compensation for the last five years of his allowable civilian service, or there shall have been deposited under section 9 with respect to such last five years of service, the amounts specified in section 9, and (ii) the last eleven months of his allowable civilian service shall have been performed as an employee described in this subsection. Service performed prior to the date of enactment of this subsection shall not be counted for the purposes of this subsection in the case of any person not serving as an officer or employee described in this subsection on such date unless such person performs at least eleven months of service as such an officer or employee subsequent to such date. Paragraphs (A) and (B) hereof shall also apply in the case of any person cress. who was heretofore or is hereafter separated from the service with titie to annuity and who hereafter serves as a Member of Congress.' *(b) Section 3 (a) of such Act is amended by adding at the end

5 USC 693(a). thereof the following new paragraph:

“Notwithstanding any other provision of this Act, any officer or employee in the legislative branch of the Government within the classes of officers or employees which were made eligible for the bene. fits of this Act by the Act of July 13, 1937, the Act of June 21, 1947, or the Act of July 23, 1953, serving in such position on the date of enactment of this paragraph, may give notice of his desire to come within 719a, 693. the purview of this Act at any time prior to the expiration of six months after such date of enactment.'

5 USC 736b.

Later service as Member of Com

Notice.

SUSC 69 36693d, 69 gb, 715d, 60 Stat. 850. 5 USC 6971.

Membor of Cop gress.

Eligibility.

S USC 710-714.

Amount of an nuity.

60 Stat. 812.
2 USC 729 note.

"(c) Section 3A of such act is amended as follows:
"1) Paragraph (3) is amended to read as follows:

" (3) No person shall be entitled to receive an amuity as provided
in this section until he shall have become separated from the service
after having had at least six years of service as a Member of Congress
and have attained the age of sixty-two years, except that (A) any
such Member who shall have had at least five years of service as a
Member of Congress may, subject to the provisions of section and of
paragraph (4) of this section, be retired for ciisability, irrespective of
age, and be paid an annuity computed in accordance with paragraph
(5) of this section, and (B) any such Jember who shall have become
separated from the service after having had at least ten years of service
as a Jernber of Congress and have attained the age of sixty years may
receive an annuity computed in accordance with paragraph (5) of this
section reduced by one-fourth of 1 per centum for each fuil month
he is under the age of sixty-two years.'
"(2) Paragraph (5) is amended to read as follows:

(5) Subject to the provisions of section I and of subsections (b) 5 USC 7366. 698 and (c) of section 4, the annuity of a Member of Congress shall be an (b), (c).

amount equal to 21/2 per centum of the average annual basic salary, pay, or compensation received by him as a Member of Congress subsequent to the date of enactment of the Legislative Reorganization Act of 1946, as amended, multiplied by the sum of his ars of service as a Member of Congress and his years of active service performed as a member of the armed forces of the United States prior to his separation from service as a Member of Congress, but no such annuity shall exceed an amount equal to three-fourths of the basic salary, pay, or compensation that he is receiving at the time of such separation from service.'

“(3) Paragraph (6) is amended to read as follows: Refunda.

“(6) In the case of a Member of Congress who becomes separated from the service before he completes an aggregate of 20 years of service as a Member of Congress, and who is not retired, the total amount deducted from his basic salary, pay, or compensation as a Member of Congress, together with interest at 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter compounded on December 31 of each year to cate of separation shall, upon application therefor, be returned to such viember of Congress. No such Member of Congress shall thereafter become eligible to receive an annuity as provided in this section unless he gain becomes a Member of Congress and redeposits the amounts so returned with interest at 4.per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded on December 31 of each year and covering periods of service as a Member vi Congress.'

"(4) Paragraph (10) is amended by inserting before the period at the end thereof a semicolon and the following: and the term "basic salary, pay, or compensation" includes (A) amounts received, for periods beginning on or subsequent to the effective date of this clause, as expense allowance under section -601 (6) of the Legislative Reorganization Act of 1946, as amended, and (B) amounts received as such allowance for any period after January 2, 1953, and prior to such effective date, if the Dember of Congress so elects and makes deposit therefor at the rate of $150 per annum together with interest thereon at 3 per centum per annum, compounded on Decernber 31 of

each year and covering periods of service as a Member of Congress; Active service in and the term “active service performed as a member of the armed

forces of the Uniter States” means (A) active service per:Crmed as a member of such forces, during any war or national gency proclaimed by the President or declared by the Congress, jy a Member of Congress who l'it or leaves his office for the purpose of performing

•Basic salary, pay or compensa tion."

2 USC 318.

armed force..

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