Editorial Notes
Codification
Section was formerly classified to section 72a of this title prior to editorial reclassification and renumbering as this section.
In subsec. (i)(2), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
A former subsec. (k) authorized additional professional staff members and clerical employees for specific House committees. Committee staffs are now covered by the Rules of the House of Representatives. Former subsec. (k) was based on the following House resolutions which were enacted into permanent law:
Subsec. (k)(1) was based on House Resolution No. 172 of the Eighty-first Congress, which was enacted into permanent law by act June 22, 1949, ch. 235, § 105, 63 Stat. 230, and House Resolution No. 464 of the Eighty-first Congress, which was enacted into permanent law by act Oct. 11, 1951, ch. 485, § 105, 65 Stat. 403.
Subsec. (k)(2) was based on House Resolution No. 37 of the Eighty-second Congress, which was enacted into permanent law by act Oct. 11, 1951, ch. 485, § 105, 65 Stat. 403, House Resolution No. 393 of the Eighty-eighth Congress, which was enacted into permanent law by Pub. L. 88–454, § 103, Aug. 20, 1964, 78 Stat. 550, House Resolution No. 248 of the Eighty-ninth Congress, which was enacted into permanent law by Pub. L. 89–90, § 103, July 27, 1965, 79 Stat. 281, and House Resolution No. 640 of the Eighty-ninth Congress, which was enacted into permanent law by Pub. L. 89–545, § 103, Aug. 27, 1966, 80 Stat. 369.
Subsec. (k)(3) was based on House Resolution No. 554 of the Eighty-third Congress, which was enacted into permanent law by act July 2, 1954, ch. 455, § 103, 68 Stat. 409, House Resolution No. 468 of the Eighty-fourth Congress, which was enacted into permanent law by act June 27, 1956, ch. 453, § 103, 70 Stat. 370, House Resolution No. 126 of the Eighty-fifth Congress, which was enacted into permanent law by Pub. L. 85–75, § 103, July 1, 1957, 71 Stat. 256, House Resolution No. 525 of the Eighty-fifth Congress, which was enacted into permanent law by Pub. L. 85–570, § 103, July 31, 1958, 72 Stat. 453, and House Resolution No. 509 of the Eighty-seventh Congress, which was enacted into permanent law by Pub. L. 87–730, § 103, Oct. 2, 1962, 76 Stat. 693.
Subsec. (k)(4) was based on House Resolution No. 28 of the Eighty-fifth Congress, which was enacted into permanent law by Pub. L. 85–75, § 103, July 1, 1957, 71 Stat. 256, and section 2 of House Resolution No. 348 of the Eighty-seventh Congress, which was enacted into permanent law by Pub. L. 87–730, § 103, Oct. 2, 1962, 76 Stat. 693.
Subsec. (k)(5) was based on House Resolution No. 239 of the Eighty-fifth Congress, which was enacted into permanent law by Pub. L. 85–570, § 103, July 31, 1958, 72 Stat. 453, and House Resolution No. 225 of the Eighty-eighth Congress, which was enacted into permanent law by Pub. L. 88–248, § 103, Dec. 30, 1963, 77 Stat. 817.
Amendments
1997—Subsec. (j)(1). Pub. L. 105–55 amended directory language of Pub. L. 104–186, § 204(11). See 1996 Amendment note below.
1996—Subsec. (f). Pub. L. 104–186, § 204(10)(A), substituted “House Oversight” for “House Administration”.
Subsec. (i)(1). Pub. L. 104–186, § 204(10), substituted “House Oversight” for “House Administration”, “contingent fund of the Senate or the applicable accounts of the House of Representatives pursuant to resolutions which, in the case of the Senate,” for “contingent funds of the respective Houses pursuant to resolutions, which”, and “the appropriate House” for “such respective Houses”.
Subsec. (i)(3). Pub. L. 104–186, § 204(10)(A), substituted “House Oversight” for “House Administration”.
Subsec. (j)(1). Pub. L. 104–186, § 204(11), as amended by Pub. L. 105–55, § 105(a), substituted “committee involved in the case of standing committees of the House of Representatives, and within the limits of funds made available from the contingent fund of the Senate or the applicable accounts of the House of Representatives pursuant to resolutions, which, in the case of the Senate, shall specify the maximum amounts which may be used for such purpose, approved by the appropriate House” for “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” and “Chief Administrative Officer of the House of Representatives” for “Clerk of the House”.
1988—Subsec. (i)(1). Pub. L. 100–458 inserted “or with respect to the administration of the affairs of the committee” before period at end.
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.
1970—Subsec. (a). Pub. L. 91–510, § 301(a), restricted the provisions to standing committees of the Senate, deleting “and the House of Representatives” after “Senate”, increased numerical limitation of professional staff members from four to six, provided for appointment of two staff members by majority vote of minority members of a committee whenever majority of minority members so request and assignment of such appointees to such committee business as the minority members deem advisable, and substituted provision for termination of services of staff members appointed by majority vote of the committee and services of members appointed pursuant to request of minority members of the committee by the committee when majority of such minority members so request for prior termination provision by majority vote of the committee.
Subsec. (c). Pub. L. 91–510, § 301(b), inserted “of the Senate (other than the Committee on Appropriations)” after “each standing committee”, provided for appointment of one clerical staff member by majority vote of minority members of a committee whenever majority of minority members so request and handling by such appointee of committee correspondence and stenographic work for minority members of the committee and for any members of the committee staff appointed under subsec. (a) of this section pursuant to request by the minority members, on matters related to committee work, and for termination of services of clerical staff members appointed by majority vote of the committee and services of members appointed pursuant to request of minority members of the committee by the committee when majority of such minority members so request.
Subsec. (e). Pub. L. 91–510, § 477(a)(3), repealed provisions prescribing basic annual compensation of professional staff members and clerical staff members of standing committees and limiting such compensation, together with additional compensation authorized by law, to maximum amount authorized by Classification Act of 1949.
Subsec. (g). Pub. L. 91–510, § 301(c), added subsec. (g).
Subsec. (h). Pub. L. 91–510, § 301(c), added subsec. (h) and struck out former provisions which related to employees of House and Senate Appropriation Committees through fiscal year 1947, all other committee employees through Jan. 31, 1947, and appropriations for compensation of committee employees as contained in Legislative Branch Appropriation Act, 1947, act July 1, 1946, ch. 530, 60 Stat. 386.
Subsec. (i). Pub. L. 91–510, § 303, added subsec. (i).
Subsec. (j). Pub. L. 91–510, § 304, added subsec. (j).
1964—Subsec. (e). Pub. L. 88–426 increased maximum basic annual compensation to professional staff members and clerical staff from $8,880 to highest amount which, together with additional compensation authorized by law, will not exceed maximum rate authorized by Classification Act of 1949, as amended.
1958—Subsec. (e). Pub. L. 85–462 substituted “$8,880” for “$8,820” in two places.
1955—Subsec. (e). Act Aug. 5, 1955, increased maximum basic annual compensation of professional staff and clerical staff from $8,000 to $8,820.
1949—Subsec. (g). Act Feb. 24, 1949, struck out subsec. (g) which declared any individual employed as a professional staff member of any committee as provided in this section ineligible for appointment to any office or position in the executive branch for a period of one year after ceasing to be such a member.
1947—Subsec. (e). Act July 30, 1947, omitted figure $2,000 as lowest salary to be paid clerks.
Statutory Notes and Related Subsidiaries
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.
Effective Date of 1970 Amendment
Pub. L. 91–510, title VI, § 601, Oct. 26, 1970, 84 Stat. 1204, provided that:
“The foregoing provisions of this Act [see Tables for classification] shall take effect as follows:
“(1)
Title I, title II (except part 2 thereof), title III (except section 203(d)(2), (d)(3), and (i) of the
Legislative Reorganization Act of 1946 [see Tables for classification], as amended by section 321 of this Act, and section 105(e) and (f) of the
Legislative Branch Appropriation Act, 1968 [see Tables for classification], as amended by section 305 of this Act), and title IV, of this Act shall become effective immediately prior to noon on
January 3, 1971.
“(2)
Part 2 of title II shall be effective with respect to fiscal years beginning on or after July 1, 1972.
“(3)
Section 203(d)(2) and (3) of the
Legislative Reorganization Act of 1946, as amended by section 321 of this Act, shall become effective at the close of the first session of the Ninety-second
Congress.
“(5)
Title V of this Act shall become effective on the date of enactment of this Act [Oct. 26, 1970].
Effective Date of 1955 Amendment
Amendment by act Aug. 5, 1955, effective Aug. 1, 1955, see section 14 of that act.
Effective Date
Act Aug. 2, 1946, ch. 753, title II, § 245, 60 Stat. 839, provided that:
“This title [see Tables for classification] shall take effect on the date of its enactment [Aug. 2, 1946]; except that sections 202(a), (b), (c), (e), (f), and (h), 222, 223, 224, and 243 shall take effect on the day on which the Eightieth Congress convenes [Jan. 3, 1947].”
Short Title
Pub. L. 91–510, § 1, Oct. 26, 1970, 84 Stat. 1140, provided that Pub. L. 91–510 [see Tables for classification] may be cited as the “Legislative Reorganization Act of 1970.”
Act Aug. 2, 1946, ch. 753, § 1(a), 60 Stat. 812, provided that such Act [see Tables for classification] may be cited as the “Legislative Reorganization Act of 1946.”
Partial Repeal
Section 2(a) of S. Res. 274, Ninety-sixth Congress, Nov. 14, 1979, provided in part that, until otherwise provided by law or resolution of the Senate, the provisions of subsections (a) through (h) of this section shall not apply to committees of the Senate.
Abolition of Additional Clerical Staff Positions
Section 2(d) of Senate Resolution 281, Ninety-sixth Congress, approved March 11, 1980, provided that effective February 28, 1981, the additional clerical staff positions established by subsection (g) of this section (as in effect for committees of the Senate prior to November 14, 1979) are abolished.
Travel for Studies and Examinations of Executive Agencies
Pub. L. 104–53, title I, § 105, Nov. 19, 1995, 109 Stat. 521, provided that:
“(a)
Notwithstanding any other provision of law, or any rule, regulation, or other authority, travel for studies and examinations under section 202(b) of the
Legislative Reorganization Act of 1946 (
2 U.S.C. 72a(b)) [now
2 U.S.C. 4301(b)] shall be governed by applicable laws or regulations of the
House of Representatives or as promulgated from time to time by the Chairman of the Committee on Appropriations of the
House of Representatives.
“(b)
Subsection (a) shall take effect on the date of the enactment of this Act [Nov. 19, 1995] and shall apply to travel performed on or after that date.”
Staff Members; Reduction in Number; Selection for Minority Members
Pub. L. 91–510, title III, § 301(d), Oct. 26, 1970, 84 Stat. 1177, provided that:
“Nothing in the amendments made by subsections (a) and (b) of this section [amending this section] shall be construed—
“(1) to require a reduction in—
“(A)
the number of staff members authorized, prior to January 1, 1971, to be employed by any committee of the Senate, by statute or by annual or permanent resolution, or
“(B)
the number of such staff members on such date assigned to, or authorized to be selected for appointment by or with the approval of, the minority members of any such committee; or
“(2)
to authorize the selection for appointment of staff members by the minority members of a committee in any case in which two or more professional staff members or one or more clerical staff members, as the case may be, who are satisfactory to a majority of such minority members, are otherwise assigned to assist such minority members.”
Professional Staffs; Increase in Number
Pub. L. 91–510, title III, § 301(e), Oct. 26, 1970, 84 Stat. 1177, provided that:
“The additional professional staff members authorized to be employed by a committee by the amendment made by subsection (a) of this section [amending this section] shall be in addition to any other additional staff members authorized, prior to January 1, 1971, to be employed by any such committee.”
Reorganization of Committees and Personnel
Act Aug. 2, 1946, ch. 753, title I, §§ 102, 121, 60 Stat. 814, 822, in amending Rule XXV of the Standing Rules of the Senate, and Rules X and XI of the Rules of the House of Representatives, reorganized the standing committees in the two Houses, and re-defined the jurisdiction of each such committee. The number of standing committees of the Senate was reduced from 33 to 13, and the number of such committees in the House of Representatives was reduced from 48 to 19. Section 142 of act Aug. 2, 1946, provided that sections 102 and 121 thereof should take effect on Jan. 2, 1947. For provisions of act Aug. 2, 1946, relating to appointment and compensation of clerical staffs of the revised committees and other personnel thereof, and retention of employees of existing committees, see this section and section 5101 of this title.
Office of Senate Security
S. Res. 243, One Hundredth Congress, July 1, 1987, provided: “That (a) there is established, within the Office of the Secretary of the Senate (hereinafter referred to as the ‘Secretary’), the Office of Senate Security (hereinafter referred to as the ‘Office’), which shall be headed by a Director of Senate Security (hereinafter referred to as the ‘Director’). The Office shall be under the policy direction of the Majority and Minority Leaders of the Senate, and shall be under the administrative direction and supervision of the Secretary.
“(b)(1) The Director shall be appointed by the Secretary after consultation with the Majority and Minority Leaders. The Secretary shall fix the compensation of the Director. Any appointment under this subsection shall be made solely on the basis of fitness to perform the duties of the position and without regard to political affiliation.
“(2) The Director, with the approval of the Secretary, and after consultation with the Chairman and Ranking Member of the Committee on Rules and Administration of the Senate, may establish such policies and procedures as may be necessary to carry out the provisions of this resolution. Commencing one year from the effective date of this resolution, the Director shall submit an annual report to the Majority and Minority Leaders and the Chairman and Ranking Member of the Committee on Rules and Administration on the status of security matters and the handling of classified information in the Senate, and the progress of the Office in achieving the mandates of this resolution.
“Sec. 2. (a) The Secretary shall appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this resolution. The Director, with the approval of the Secretary, shall prescribe the duties and responsibilities of such personnel. If a Director is not appointed, the Office shall be headed by an Acting Director. The Secretary shall appoint and fix the compensation of the Acting Director.
“(b) The Majority and Minority Leaders of the Senate may each designate a Majority staff assistant and a Minority staff assistant to serve as their liaisons to the Office. Upon such designation, the Secretary shall appoint and fix the compensation of the Majority and Minority liaison assistants.
“Sec. 3. (a) The Office is authorized, and shall have the responsibility, to develop, establish, and carry out policies and procedures with respect to such matters as:
“(1) the receipt, control, transmission, storage, destruction or other handling of classified information addressed to the United States Senate, the President of the Senate, or Members and employees of the Senate;
“(2) the processing of security clearance requests and renewals for officers and employees of the Senate;
“(3) establishing and maintaining a current and centralized record of security clearances held by officers and employees of the Senate, and developing recommendations for reducing the number of clearances held by such employees;
“(4) consulting and presenting briefings on security matters and the handling of classified information for the benefit of Members and employees of the Senate;
“(5) maintaining an active liaison on behalf of the Senate, or any committee thereof, with all departments and agencies of the United States on security matters; and
“(6) conducting periodic review of the practices and procedures employed by all offices of the Senate for the handling of classified information.
“(b) Within 180 days after the Director takes office, he shall develop, after consultation with the Secretary, a Senate Security Manual, to be printed and distributed to all Senate offices. The Senate Security Manual will prescribe the policies and procedures of the Office, and set forth regulations for all other Senate offices for the handling of classified information.
“(c) Within 90 days after taking office, the Director shall conduct a survey to determine the number of officers and employees of the Senate that have security clearances and report the findings of the survey to the Majority and Minority Leaders and Secretary of the Senate together with recommendations regarding the feasibility of reducing the number of employees with such clearances.
“(d) The Office shall have authority—
“(1) to provide appropriate facilities in the United States Capitol for hearings of committees of the Senate at which restricted data or other classified information is to be presented or discussed;
“(2) to establish and operate a central repository in the United States Capitol for the safeguarding of classified information for which the Office is responsible; which shall include the classified records, transcripts, and materials of all closed sessions of the Senate; and
“(3) to administer and maintain oaths of secrecy under paragraph (2) of rule XXIX of the Standing Rules of the Senate and to establish such procedures as may be necessary to implement the provisions of such paragraph.
“Sec. 4. Funds appropriated for the fiscal year 1987 which would be available to carry out the purposes of the Interim Office of Senate Security but for the termination of such Office shall be available for the Office of Senate Security.
“Sec. 5. (a) All records, documents, data, materials, rooms, and facilities in the custody of the Interim Office of Senate Security at the time of its termination on July 10, 1987, are transferred to the Office established by subsection (a) of the first section of this resolution.
“(b) This resolution shall take effect on July 11, 1987.”
S. Res. 229, One Hundredth Congress, June 5, 1987, established within the Office of the Secretary of the Senate an Interim Office of Senate Security with the same duties, functions, personnel, rooms, and facilities as the former Office of Classified National Security Information.
Authorization of Appropriations
Act Aug. 2, 1946, ch. 753, title II, § 244, 60 Stat. 839, provided in part:
“All necessary funds required to carry out the provisions of this Act [see Tables for classification], by the Secretary of the Senate and the Clerk of the House, are hereby authorized to be appropriated.”