and Employees” and “Office of the Secretary” to the appropriations account, within the contingent fund of the Senate, for expenses of the Office of the Secretary of the Senate, such sums as he shall specify; and any funds so transferred shall be available in like manner and for the same purposes as are other funds in the account to which the funds are transferred. [See main edition for text of (b)] (As amended Pub. L. 101-302, title III, § 317, May 25, 1990, 104 Stat. 247.) CODIFICATION Section is from the Congressional Operations Appropriations Act, 1989, which is title I of the Legislative Branch Appropriations Act, 1989. AMENDMENTS 1990-Subsec. (a). Pub. L. 101-302 designated existing provisions as cl. (1) and added cl. (2). § 68-6a. Transfers from appropriations account for expenses of Office of Sergeant at Arms and Doorkeeper of Senate The Sergeant at Arms and Doorkeeper of the Senate is authorized, with the approval of the Senate Committee on Appropriations, to transfer, during any fiscal year, from the appropriations account, appropriated under the headings "Salaries, Officers and Employees” and “Office of the Sergeant at Arms and Doorkeeper”, such sums as he shall specify to the appropriations account, within the contingent fund of the Senate, for expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate; and any funds so transferred shall be available in like manner and for the same purposes as are other funds in the account to which the funds are transferred. (Pub. L. 101-520, title I, § 5, Nov. 5, 1990, 104 Stat. 2258.) CODIFICATION Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991. § 68-7. Senate Office of Public Records Revolving Fund (a) Establishment There is established in the Treasury of the United States a revolving fund within the contingent fund of the Senate to be known as the “Senate Office of Public Records Revolving Fund" (hereafter in this section referred to as the "revolving fund"). (b) Source of moneys for deposit in Fund; availability of moneys in Fund All moneys received on and after October 1, 1989, by the Senate Office of Public Records from fees and other charges for services shall be deposited to the credit of the revolving fund. Moneys in the revolving fund shall be available without fiscal year limitation for disbursement by the Secretary of the Senate for use in connection with the operation of the Senate Office of Public Records, including supplies, equipment, and other expenses. (c) Vouchers Disbursements from the revolving fund shall be made upon vouchers approved by the Secretary of the Senate. (d) Regulations The Secretary of the Senate is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. (e) Transfer of moneys into Fund To provide capital for the revolving fund, the Secretary of the Senate is authorized to transfer, from moneys appropriated for fiscal year 1990 to the account "Miscellaneous Items" in the contingent fund of the Senate, to the revolving fund such sum as he may determine necessary, not to exceed $30,000. (Pub. L. 101-163, title I, § 13, Nov. 21, 1989, 103 Stat. 1047.) CODIFICATION Section is from the Congressional Operations Appropriations Act, 1990, which is title I of the Legislative Branch Appropriations Act, 1990. § 72a. Committee staffs SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 288, 442, 1203 of this title. § 72a-1g. Referral of ethics violations by Senate Ethics Committee to General Accounting Office for investigation If the Committee on Ethics of the Senate determines that there is a reasonable basis to believe that a Member, officer, or employee of the Senate may have committed an ethics violation, the committee may request the Office of Special Investigations of the General Accounting Office to conduct factfinding and an investigation into the matter. The Office of Special Investigations shall promptly investigate the matter as directed by the committee. (Pub. L. 101-194, title V, § 501, Nov. 30, 1989, 103 Stat. 1753.) § 74c. Compensation of certain House minority employees Effective January 3, 1977, and until otherwise provided by law, the rate of pay for each of the six positions of minority employee authorized by the Legislative Pay Act of 1929 and referred to in House Resolution 441 of the Ninety-first Congress shall be a per annum gross rate equal to the annual rate of basic pay of level IV of the Executive Schedule of section 5315 of title 5, unless a lower rate is established by the Minority Leader. (Pub. L. 95-94, title I, § 115, Aug. 5, 1977, 91 Stat. 668.) REFERENCES IN TEXT The Legislative Pay Act of 1929, referred to in text, is act June 20, 1929, ch. 33, 46 Stat. 32. For complete classification of this Act to the Code, see Tables. House Resolution 441, referred to in text, is set out as a Prior Provisions note below. CODIFICATION Section is based on section 1 of House Resolution 119, Ninety-fifth Congress, Jan. 19, 1977, which was enacted into permanent law by Pub. L. 95–94. PRIOR PROVISIONS Prior similar provisions were contained in House Resolution 441, Ninety-first Congress, June 17, 1969, as enacted into permanent law by Pub. L. 91-145, § 103, Dec. 12, 1969, 83 Stat. 359, which provided: “That, until otherwise provided by law “(1) The six positions of minority employee listed in House Resolution 8, Ninety-first Congress, as supplemented by House Resolution 238, Ninety-first Congress, and House Resolution 265, Ninety-first Congress, are hereby given position titles in the descending order in which those six positions are listed in House Resolution 8, as follows: "(A) the position title of the position listed first is 'Floor Assistant to the Minority'; "(B) the position title of the position listed second is 'Floor Assistant to the Minority'; "(C) the position title of the position listed third is 'Floor Assistant to the Minority'; "(D) the position title of the position listed fourth is 'Floor Assistant to the Minority'; "(E) the position title of the position listed fifth is 'Pair Clerk to the Minority'; and “(F) the position title of the position listed sixth is 'Staff Director to the Minority'. “(2) Appointments to each position for which a position title is provided by subparagraph (1) of this section shall be made by action of the House of Representatives. “(3) The rate of pay of each position for which a position title is provided by subparagraph (1) of this section shall be a per annum gross rate equal to the annual rate of basic pay of Level V of the Executive Schedule in section 5316 of title 5, United States Code, unless a different rate is provided for such position by action of the House of Representatives. “SEC. 2. (a) The first section of this resolution shall not affect or change the appointments or continuity of employment of those employees who hold such positions on the date of adoption of this resolution [June 17, 1969]. "(b) In accordance with the authority of the House of Representatives under subparagraph (3) of the first section of this resolution, the respective per annum gross rates of pay of those positions for which position titles are provided by clauses (C), (D), (E), and (F) of subparagraph (1) of the first section of this resolution are as follows: "(1) for the position subject to clause (C)—$29,160; “(2) for the position subject to clause (D)—$25,200; "(3) for the position subject to clause (E)-$28,440; and "(4) for the position subject to subparagraph (F)$28,080. "SEC. 3. This resolution shall become effective as of the beginning of the calendar month in which this resolution is adopted [June 1969]." § 84a-1. Official Reporter of Debates or Official Reporter to Committees; adjustment of compensation Until otherwise provided by law, effective January 1, 1976, the gross salary of an Official Reporter of Debates or an Official Reporter to Committees, whose pay is disbursed by the Clerk of the House and is fixed at a specific rate by House resolution, is increased by an amount equal to 5 per centum of his per annum gross rate of pay. Effective as of the effective date of each comparability adjustment, which becomes effective on or after January 1, 1976, in the rates of pay of the Federal statutory pay systems under section 5303 of title 5, or under such section 5303 as modified or otherwise changed by any other provision of law, the per annum gross rate of pay of an Official Reporter of Debates or an Official Reporter to Committees is increased by an amount equal to that per centum of his per annum gross rate of pay which is equal to the average per centum increase made in the pay rates of such statutory pay systems to achieve such pay comparability adjustment in the pay rates of such pay systems. No rate of pay shall be increased by reason of the enactment of this section to an amount in excess of the annual rate of basic pay of level V of the Executive Schedule contained in section 5316 of title 5. The contingent fund of the House is made available to carry out the purposes of this section. (As amended Pub. L. 101-509, title V, § 529 [title I, § 101(b)(4)(G)], Nov. 5, 1990, 104 Stat. 1427, 1440.) AMENDMENTS 1990-Pub. L. 101-509 substituted “5303” for “5305” wherever appearing. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. § 102a. Withdrawal of unexpended balances of appropriations SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 188b-6. § 117e. Disposal of used or surplus furniture and equipment by Clerk of House; procedure; deposit of receipts (1) The Clerk of the House of Representatives may dispose of used equipment of the House of Representatives, by trade-in or sale, directly or through the General Services Administration. Any direct disposal under the preceding sentence shall be in accordance with normal business practice and shall be at fair market value. Receipts from disposals under the first sentence of this section (together with receipts from sale of transcripts, waste paper and other items provided by law, and receipts for missing or damaged equipment) shall be deposited in the Treasury for credit to the appropriate account under the appropriation for "ALLOWANCES AND EXPENSES" under the heading "CONTINGENT EXPENSES OF THE HOUSE", and shall be available for expenditure in accordance with applicable law. (2) If disposal in accordance with paragraph (1) is not feasible because of age, location, condition, or any other relevant factor, the Clerk may donate the equipment to the government of a State, to a local government, or to an organization that is described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of title 26. A donation under this paragraph (A) shall be at no cost to the Government; and (B) may be made only if the used equipment has no recoverable value because disposal in accordance with paragraph (1), under the most favorable terms available to the Government, would result in a loss to the Government. (3) The Committee on House Administration of the House of Representatives shall have authority to prescribe regulations to carry out this subsection. (4) As used in this section (A) the term "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States; and (B) the term “used equipment" means such used or surplus equipment (including furniture and motor vehicles) as the Committee on House Administration of the House of Representatives may prescribe by regulation. (As amended Pub. L. 101-163, title I, § 103(a), Nov. 21, 1989, 103 Stat. 1049.) AMENDMENTS 1989-Par. (1). Pub. L. 101-163, § 103(a)(1), (2), designated existing provisions as par. (1) and struck out at end "As used in this section, the term 'used equipment' means such used or surplus equipment (including furniture and motor vehicles) as the Committee on House Administration of the House of Representatives may prescribe by regulation." Pars. (2) to (4). Pub. L. 101-163, § 103(a)(3), added pars. (2) to (4). EFFECTIVE DATE OF 1989 AMENDMENT Section 103(c) of Pub. L. 101-163 provided that: "The amendments made by subsection (a) [amending this section] and the repeal made by subsection (b) [repealing section 59a of this title] shall take effect on October 1, 1989." § 117g. Monies received by Attending Physician from sale of prescription drugs or other sources; deposit of receipts On November 21, 1989, the Office of the Attending Physician Revolving Fund established by the first undesignated paragraph under the center heading "OFFICE OF THE ATTENDING PHYSICIAN REVOLVING Fund" in title III of the Legislative Branch Appropriation Act, 1976 (89 Stat. 283) is abolished and all monies in the Fund on such date or subsequently received by the Attending Physician from the sale of prescription drugs or from any other source shall be deposited in the Treasury as miscellaneous receipts. (Pub. L. 101-163, title I, Nov. 21, 1989, 103 Stat. 1051.) REFERENCES IN TEXT The first undesignated paragraph under the center heading "OFFICE OF THE ATTENDING PHYSICIAN REVOLVING FUND” in title III of the Legislative Branch Appropriation Act, 1976 [Pub. L. 94-59], referred to in text, is not classified to the Code. CODIFICATION Section is from the Congressional Operations Appropriations Act, 1990, which is title I of the Legislative Branch Appropriations Act, 1990. § 121c. Office of Senate Health Promotion (a) Establishment The Sergeant at Arms and Doorkeeper of the Senate is authorized to establish an Office of Senate Health Promotion. (b) Fees, assessments, and charges (1) In carrying out this section, the Sergeant at Arms and Doorkeeper of the Senate is authorized to establish, or provide for the establishment of, exercise classes and other health services and activities on a continuing and regular basis. In providing for such classes, services, and activities, the Sergeant at Arms and Doorkeeper of the Senate is authorized to impose and collect fees, assessments, and other charges to defray the costs involved in promoting the health of Members, officers, and employees of the Senate. For purposes of this section, the term "employees of the Senate" shall have such meaning as the Sergeant at Arms, by regulation, may prescribe. (2) All fees, assessments, and charges imposed and collected by the Sergeant at Arms pursuant to paragraph (1) shall be deposited in the revolving fund established pursuant to subsection (c) of this section and shall be available for purposes of this section. (c) Senate Health Promotion Revolving Fund There is established in the Treasury of the United States a revolving fund within the contingent fund of the Senate to be known as the Senate Health Promotion Revolving Fund (hereinafter referred to in this section as the “fund”). The fund shall consist of all amounts collected or received by the Sergeant at Arms and Doorkeeper of the Senate as fees, assessments, and other charges for activities and services to carry out the provisions of this section. All moneys in the fund shall be available without fiscal year limitation for disbursement by the Secretary of the Senate for promoting the health of Members, officers, and employees of the Senate. On or before December 31 of each year, the Secretary of the Senate shall withdraw from the fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in excess of $5,000 in the fund at the close of the preceding fiscal year. (d) Vouchers Disbursements from the revolving fund shall be made upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate. (e) Inapplicability of provisions prohibiting sales, advertisements, or solicitations in Capitol grounds The provisions of section 193d of title 40 shall not be applicable to any class, service, or other activity carried out pursuant to the provisions of this section. (f) Regulations The provisions of this section shall be carried out in accordance with regulations which shall be promulgated by the Sergeant at Arms and Doorkeeper of the Senate and subject to approval at the beginning of each Congress by the Committee on Rules and Administration of the Senate. (Pub. L. 101-163, title I, § 4, Nov. 21, 1989, 103 Stat. 1044; Pub. L. 102-90, title I, § 2, Aug. 14, 1991, 105 Stat. 450.) CODIFICATION Section is from the Congressional Operations Appropriations Act, 1990, which is title I of the Legislative Branch Appropriations Act, 1990. AMENDMENTS 1991-Subsec. (c). Pub. L. 102-90 inserted at end "On or before December 31 of each year, the Secretary of the Senate shall withdraw from the fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in excess of $5,000 in the fund at the close of the preceding fiscal year." § 123b. House Recording Studio; Senate Recording Studio and Senate Photographic Studio (a) Establishment There is established the House Recording Studio, the Senate Recording Studio, and the Senate Photographic Studio. (b) Assistance in making disk, film, and tape recordings; exclusiveness of use The House Recording Studio shall assist Members of the House of Representatives in making disk, film, and tape recordings, and in performing such other functions and duties in connection with the making of such recordings as may be necessary. The Senate Recording Studio and the Senate Photographic Studio shall assist Members of the Senate and committees of the Senate in making disk, film, and tape recordings, and in performing such other functions and duties in connection with the making of such recordings as may be necessary. The House Recording Studio shall be for the exclusive use of Members of the House of Representatives (including the Delegates and the Resident Commissioner from Puerto Rico); the Senate Recording Studio and the Senate Photographic Studio shall be for the exclusive use of Members of the Senate, the Vice President, committees of the Senate, the Secretary of the Senate, and the Sergeant at Arms of the Senate. (c) Operation of studios The House Recording Studio shall be operated by the Clerk of the House of Representatives under the direction and control of a committee which is created (hereinafter referred to as the committee) composed of three Members of the House. Two members of the committee shall be from the majority party and one member shall be from the minority party, to be appointed by the Speaker. The committee is authorized to issue such rules and regulations relating to operation of the House Recording Studio as it may deem necessary. The Senate Recording Studio and the Senate Photographic Studio shall be operated by the Sergeant at Arms of the Senate under the direction and control of the Committee on Rules and Administration of the Senate. The Committee on Rules and Administration is authorized to issue such rules and regulations relating to operation of the Senate Recording Studio and the Senate Photographic Studio as it may deem necessary. (d) Prices of disk, film, and tape recordings; collection of moneys The Clerk of the House of Representatives shall, subject to the approval of the committee, set the price of making disk, film, and tape recordings, and collect all moneys owed the House Recording Studio. The Committee on Rules and Administration of the Senate shall set the price of making disk, film, and tape recordings and all moneys owed the Senate Recording Studio and the Senate Photographic Studio shall be collected by the Sergeant at Arms of the Senate. (e) Restrictions on expenditures No moneys shall be expended or obligated for the House Recording Studio except as shall be pursuant to such regulations as the committee may approve. No moneys shall be expended or obligated by the Director of the Senate Recording Studio or the Director of the Senate Photographic Studio until approval therefor has been obtained from the Sergeant at Arms of the Senate. [See main edition for text of (f)] (g) Revolving funds There is established in the Treasury of the United States, a revolving fund within the contingent fund of the House of Representatives for the House Recording Studio for the purposes of administering the duties of that studio. There is also established in the Treasury of the United States a revolving fund, within the contingent fund of the Senate, which shall be known as the "Senate Photographic Studio Revolving Fund”, for the purpose of administering the duties of the Senate Photographic Studio; and there is established in the Treasury of the United States, a revolving fund, within the contingent fund of the Senate, which shall be known as the "Senate Recording Studio Revolving Fund", for the purpose of administering the duties of the Senate Recording Studio. (h) Deposits in funds; availability of funds All moneys received by the House Recording Studio from Members of the House of Representatives for disk, film, or tape recordings, or from any other source, shall be deposited by the Clerk of the House of Representatives in the revolving fund established for the House Recording Studio by subsection (g) of this section; moneys in such fund shall be available for disbursement therefrom by the Clerk of the House of Representatives for the care, maintenance, operation, and other expenses of the studio upon vouchers signed and approved in such manner as the committee shall prescribe. All moneys received by the Senate Recording Studio shall be deposited in the Senate Recording Studio Revolving Fund established by subsection (g) of this section and all funds received by the Senate Photographic Studio shall be deposited in the Senate Photographic Studio Revolving Fund established by such subsection; moneys in the Senate Recording Studio Revolving Fund shall be available for disbursement therefrom upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate for the care, maintenance, operation, and other expenses of the Senate Recording Studio, and moneys in the Senate Photographic Studio Revolving Fund shall be available for disbursement therefrom upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate for the care, maintenance, operation, and other expenses of the Senate Photographic Studio. [See main edition for text of (i) and (j)] (k) Restrictions on employment No person shall be an officer or employee of the House Recording Studio, Senate Recording Studio, or Senate Photographic Studio while he is engaged in any other business, profession, occupation, or employment which involves the performance of duties which are similar to those which would be performed by him as such an officer or employee of such studio unless approved in writing by the committee in the case of the House Recording Studio and the Senate Committee on Rules and Administration in the case of the Senate Recording Studio and the Senate Photographic Studio. [See main edition for text of (1) to (0)] (As amended Nov. 5, 1990, Pub. L. 101-520, title I, § 7(a), (c), (d), 104 Stat. 2258, 2259.) AMENDMENTS 1990-Subsec. (g). Pub. L. 101-520, § 7(a), amended second sentence generally. Prior to amendment, second sentence read as follows: "There is also established in the Treasury of the United States, a revolving fund within the contingent fund of the Senate for the Senate Recording and Photographic Studios for the purposes of administering the duties of that studio." Subsec. (h). Pub. L. 101-520, § 7(c), amended second sentence generally. Prior to amendment, second sentence read as follows: "All moneys received by the Senate Recording and Photographic Studios for disk, film, or tape recordings or from any other source, shall be deposited in the revolving fund established for the Senate Recording and Photographic Studios by subsection (g) of this section; moneys in such fund shall be available for disbursement therefrom upon vouchers signed and approved by the Sergeant at Arms for the care, maintenance, operation, and other expenses of the Senate Recording and Photographic Studios." EFFECTIVE DATE OF 1990 AMENDMENT Section 7(b) of Pub. L. 101-520 provided that: "The amendment made by subsection (a) [amending this section] shall take effect on April 1, 1991, and, of the monies in the revolving fund within the contingent fund of the Senate for the Recording and Photographic Studios, as such fund was in existence immediately prior to the amendment made by subsection (a), $100,000 shall be deposited in the Senate Photographic Studio Revolving Fund (as established by the amendment made by subsection (a)) and the remainder shall be deposited into the Senate Recording Studio Revolving Fund (as so established)." Section 7(c) of Pub. L. 101-520 provided that the amendment made by that section is effective Apr. 1, 1991. TRANSFER OF FUNCTIONS References to Senate Recording Studio and Senate Photographic Studio substituted for "Senate Recording and Photographic Studios" wherever appearing in text pursuant to section 108(a) of Pub. L. 96-304, as amended by section 7(d) of Pub. L. 101-520, which is classified to section 123b-1(a) of this title, and which abolished entity known as Senate Recording and Photographic Studios, established instead Senate Recording Studio and Senate Photographic Studio, and made corresponding transfer of functions. Previously, "Senate Recording and Photographic Studios" had been substituted in text for "Senate Recording Studio" pursuant to section 108(a) of Pub. L. 96-304. § 123b-1. Senate Recording Studio and Senate Photographic Studio as successors to Senate Recording and Photographic Studios; rules, regulations, and fees for photographs and photographic services (a) The entity, in the Senate, known (prior to April 1, 1991) as the "Senate Recording and Photographic Studios" is abolished, and there is established in its stead the following two entities: the "Senate Recording Studio", and the "Senate Photographic Studio"; and there are transferred, from the entity known (prior to April 1, 1991) as the "Senate Recording and Photographic Studios" to the Senate Recording Studio all personnel, equipment, supplies, and funds which are available for, relate to, or are utilized in connection with, recording, and to the Senate Photographic Studio all personnel, equipment, supplies, and funds which are available for, relate to, or are utilized in connection with, photography. [See main edition for text of (b)] (As amended Pub. L. 101-520, title I, § 7(d), Nov. 5, 1990, 104 Stat. 2259.) CODIFICATION Words "prior to April 1, 1991", referred to in subsec. (a), were in the original "prior to this amendment" which was translated as meaning prior to the effective date of section 7(d) of Pub. L. 101-520, which amended subsec. (a) generally, to reflect the probable intent of Congress. AMENDMENTS 1990-Subsec. (a). Pub. L. 101-520 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Senate Recording Studio hereafter shall be known as the Senate Recording and Photographic Studios. Subject to subsection (b) of this section, all references to the Senate Recording Studio (including the revolving fund) in any law, resolution, or regulation shall be considered as referring to the Senate Recording and Photographic Studios, and any provision of any law, resolution, or regulation which is applicable to the Senate Recording Studio shail be deemed to apply to the Senate Recording and Photographic Studios." EFFECTIVE DATE OF 1990 AMENDMENT Section 7(d) of Pub. L. 101-520 provided that the amendment made by that section is effective Apr. 1, 1991. § 130e. Special Services Office There is established, as a joint office of Congress, the Special Services Office, which (under the supervision and control of a board, to be known as the Special Services Board, comprised of the Clerk of the House of Representatives. the Sergeant at Arms and Doorkeeper of the Senate, and the Librarian of Congress) shall provide special services to Members of Con |