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§ 113. Detailed reports of receipts and expenditures by Secretary of Senate and Clerk of House of Representatives.

The Secretary of the Senate and the Clerk of the House of Representatives, respectively, shall report to Congress on the first day of each regular session, and at the expiration of their terms of service, a full and complete statement of all their receipts and expenditures as such officers, showing in detail the items of expense, classifying them under the proper appropriations, and also showing the aggregate thereof, and exhibiting in a clear and concise manner the exact condition of all public moneys by them received, paid out, and remaining in their possession as such officers. (R. S. § 70.)

DERIVATION

Act July 15, 1870, ch. 302, § 1, 16 Stat. 365.

§ 114. Fees for copies from Senate and House Journals.

The Secretary of the Senate and the Clerk of the House of Representatives, respectively, are entitled, for transcribing and certifying extracts from the Journal of the Senate or the executive Journal of the Senate when the injunction of secrecy has been removed, or from the Journal of the House of Representatives, except when such transcripts are required by an officer of the United States in a matter relating to the duties of his office, to receive from the persons for whom such transcripts are prepared the sum of 10 cents for each sheet containing one hundred words. (R. S. § 71.)

DERIVATION

Acts Aug. 8, 1846, ch. 107, § 2, 9 Stat. 80; Sept. 15, 1789, ch. 14. § 6. 1 Stat. 69, and Apr. 23, 1856, ch. 20, 11 Stat. 5.

§ 115. Index to House daily calendar.

The index to the daily calendar of business of the House of Representatives shall be printed only on Monday of each week. (Mar. 1, 1921, ch. 89, § 1, 41 Stat. 1181.)

§ 116. Repealed. May 29, 1928, ch. 901, § 1, 45 Stat. 995.

Section, R. S. § 72, related to accounting by the Secretaries, Clerks, Sergeant at Arms, Postmasters, and Doorkeepers of the Senate and House of Representatives for property of the Government in their possession.

DERIVATION

R. S. 72 from act July 15, 1870, ch. 302, § 2. 16 Stat. 365.

§ 117. Sale of waste paper and condemned furniture. It shall be the duty of the Clerk and Doorkeeper of the House of Representatives and the Secretary and Sergeant at Arms of the Senate to cause to be sold all waste paper and useless documents and condemned furniture that may accumulate, in their respective departments or offices, under the direction of the Committee on House Administration and the Committee on Rules and Administration of their respective houses and cover the proceeds thereof into the Treasury. (Aug. 7, 1882, ch. 433, § 1, 22 Stat. 337; May 29, 1928, ch. 901, § 1, 45 Stat. 995; Aug. 2, 1946, ch. 753, §§ 102, 121, 60 Stat. 814, 822.) AMENDMENTS

1946-Act Aug. 2, 1946, substituted the "Committee on House Administration and the Committee on Rules and Administration" for the "Committee on Accounts".

REPORT ON SALES DISCONTINUED

Par. 122 of act May 29, 1928, provided for the discontinuance of reports on waste paper, etc., as follows: "122. Reports by the Clerk and Doorkeeper of the House and the Secretary, and Sergeant at Arms of the Senate of the sales of waste paper and useless documents and condemned furniture, and so forth."

§ 117a. Disposition of funds from sale of transcripts of House committee hearings.

Any sums received from the sale of copies of transcripts of hearings of committees reported by the House of Representatives committee stenographers shall be covered into the Treasury as "miscellaneous receipts." (July 1, 1941, ch. 268, § 1, 55 Stat. 454; June 8, 1942, ch. 396, § 1, 56 Stat. 338; June 28, 1943, ch. 173, title I, § 101, 57 Stat. 228; June 26, 1944, ch. 277, title I, § 1, 58 Stat. 343; June 13, 1945, ch. 189, § 1, 59 Stat. 248; July 1, 1946, ch. 530, § 101, 60 Stat. 397.)

§ 118. Actions against officers for official acts.

In any action brought against any person for or on account of anything done by him while an officer of either House of Congress in the discharge of his official duty, in executing any order of such House, the United States attorney for the district within which the action is brought, on being thereto requested by the officer sued, shall enter an appearance in behalf of such officer; and all provisions of the eighth section of the Act of July 28, 1866, entitled "An Act to protect the revenue, and for other purposes", and also all provisions of the sections of former Acts therein referred to, so far as the same relate to the removal of suits. the withholding of executions, and the paying of judgments against revenue or other officers of the United States, shall become applicable to such action and to all proceedings and matters whatsoever connected therewith, and the defense of such action shall thenceforth be conducted under the supervision and direction of the Attorney General. (Mar. 3, 1875, ch. 130, § 8, 18 Stat. 401; June 25, 1948, ch. 646, § 1, 62 Stat. 909.)

REFERENCES IN TEXT

The provisions of section 8 of act July 28, 1866, ch. 298, 14 Stat. 329, referred to in text, were contained generally in R. S. § 643, which was incorporated in the former Judicial Code, § 33, and was repealed by act June 25,

1948, ch. 646, § 39, 62 Stat. 992. Similar provisions are now set out as sections 1442, 1446, and 1447 of Title 28, Judiciary and Judicial Procedure. Other provisions referred to were contained in R. S. §§ 771, 989, which were also repealed by act June 25, 1948, and are now covered by sections 507 and 2006, respectively, of said Title 28. CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States attorney" for "district attorney". See section 501 of Title 28, Judiciary and Judicial Procedure.

FEDERAL RULES OF CIVIL PROCEDURE

Judgment against certain public officers, satisfaction of, see rule 69, Title 28, Appendix, Judiciary and Judicial Procedure.

§ 119. Stationery rooms of House and Senate; specification of classes of articles purchasable.

The Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, respectively, shall make and issue regulations specifying the classes of articles which may be purchased by or through the stationery rooms of the House and Senate. (May 13, 1926, ch. 294, § 2, 44 Stat. 552; Aug. 2, 1946, ch. 753, §§ 102, 121, 60 Stat. 814, 822.)

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§ 121. Surcharge on orders in Senate restaurant for deficit fund.

The Committee on Rules and Administration of the United States Senate is authorized and directed hereafter to add a minimum of 10 per centum to each order in excess of 10 cents served in the Senate restaurants and 20 per centum to all orders served outside of said restaurants, and the proceeds accruing therefrom shall be placed in a fund to be used in the payment of any deficit incurred in the management of such kitchens and restaurants. (May 18, 1937, ch. 223, § 1, 50 Stat. 173; Aug. 2, 1946, ch. 753, § 102, 60 Stat. 814.)

AMENDMENTS

1946-Act Aug. 2, 1946, amended section, substituting "Committee on Rules and Administration" for "Committee on Rules".

§ 122. Office space in home districts of House Members, Delegates, and Resident Commissioner. Each Member shall be entitled to office space suitable for his use in the district he represents, at not more than two places designated by him in such district. The Sergeant at Arms shall secure office space satisfactory to the Member in post offices or other Federal buildings if such space is

available. Office space to which a Member is entitled under this section which is not secured by the Sergeant at Arms, may be secured by the Member, and the Clerk shall approve for payment from the contingent fund of the House of Representatives vouchers covering bona fide statements of amounts due for such office space not exceeding $1,200 per annum. As used in this section the term "Member" means each Member of the House of Representatives, the Delegate from Alaska, the Delegate from Hawaii, and the Resident Commissioner from Puerto Rico; the term "district" means each congressional district, Alaska, Hawaii, Puerto Rico, and, in the case of a Representative at Large, a State; and the term "Clerk" means the Clerk of the House of Representatives. (July 2, 1954, ch. 455, title I, § 101, 68 Stat. 403; Sept. 7, 1957, Pub. L. 85-301, § 1, 71 Stat. 622.)

AMENDMENTS

1957-Pub. L. 85-301 amended section generally, and among other changes, increased the amount payable from the contingent fund from $900 to $1,200 per annum, and defined the terms "Member" and "Clerk".

EFFECTIVE DATE OF 1957 AMENDMENT

Section 2 of Pub. L. 85-301, provided that the amendment of this section should take effect as of August 1, 1957.

SIMILAR PROVISIONS

Section is from the Legislative-Judiciary Appropriation Act, 1955, act July 2, 1954. Similar provisions, apparently on a fiscal year basis, were contained in the following prior appropriation acts:

1953-Aug. 1, 1953, ch. 304, title I, § 101, 67 Stat. 325. 1952-July 9, 1952, ch. 598, § 101, 66 Stat. 470.

§ 122a. Reimbursement of House Members for office expenses outside the District of Columbia.

The Clerk of the House is authorized and directed to reimburse each Member from the contingent fund in an amount not to exceed $150 quarterly, upon certification of a Member, for official office expenses incurred outside the District of Columbia. (July 2, 1954, ch. 455, title I, § 101, 68 Stat. 403; June 13, 1957, Pub. L. 85-54, 71 Stat. 82.)

AMENDMENTS

1957-Pub. L. 85-54 amended section by broadening the authorization for reimbursement of a Member's office expenses, formerly restricted to expenses incurred in his Congressional district, to expenses incurred outside the District of Columbia.

SIMILAR PROVISIONS

Section is from the Legislative Appropriation Act, 1955, Act July 2, 1954. Similar provisions were contained in the Legislative Appropriation Act, 1956, act Aug. 5, 1955, ch. 568, § 101, 69 Stat. 513.

Section 103 of said act Aug. 5, 1955, provided in part that the provisions therein for the various items of official expenses of Members should be the permanent law with respect thereto.

MEMBER DEFINED

Section 101 of act July 2, 1954, in fixing amounts for salaries, mileage, and expenses of Members of the House of Representatives provided in part that "wherever used herein the term 'Member' shall include Members of the House of Representatives, Delegates from the Territories, and the Resident Commissioner from Puerto Rico".

§ 123. Joint Senate and House Recording Facility revolving fund; disposition of monies; bond of coordinator.

There is established in the Treasury of the United States, a revolving fund within the contingent fund

of the House of Representatives for a joint Senate and House Recording Facility (hereinafter referred to as the Facility), for the purpose of administering the duties of the Facility.

All balances of the Facility on hand on August 7, 1953, and all monies hereafter received by the Facility from sales or rentals, the sale of any equipment, or from any other source, shall be deposited in the revolving fund by the Clerk of the House of Representatives and shall be available for disbursement from said revolving fund by the Clerk of the House, for the care, maintenance, operation, and other expenses of the Facility, upon vouchers signed jointly by the Secretary of the Senate and the Clerk of the House of Representatives.

The coordinator of the Facility shall give bond to the Clerk of the House of Representatives with one or more sureties, in the penal sum of $20,000, with condition for the faithful performance of his duties and the preservation and security of all property in his care. (Aug. 7, 1953, ch. 341, 67 Stat. 439.)

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Section, act Aug. 5, 1955, ch. 568, § 1, 69 Stat. 500, which established the basic annual compensation of the coordinator, Joint Recording Facility, has been omitted in view of section 123b (1) of this title which abolished the Joint Recording Facility positions and salaries established pursuant to the Legislative Branch Appropriation Act, 1948, and all subsequent acts.

§ 123b. House and Senate Recording Studios. (a) Establishment.

There is established a House Recording Studio and a Senate Recording 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 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 shall be for the exclusive use of Members of the Senate, the Vice President, and committees 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 mem

bers 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 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 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 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 until approval therefor has been obtained from the Sergeant at Arms of the Senate.

(f) Appointment and compensation of Director and other employees of House Recording Studio. The Clerk of the House of Representatives is authorized, subject to the approval of the committee, to appoint and fix the compensation of a Director of the House Recording Studio and such other employees as are deemed necessary to the operation of the House Recording Studio.

(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 for the Senate Recording Studio for the purposes of administering the duties of that 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

for disk, film, or tape recordings or from any other source, shall be deposited in the revolving fund established for the Senate Recording Studio 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 Studio. (i) Distribution of equity of Joint Senate and House Recording Facility Revolving Fund; assignment of existing studio facilities, equipment, materials and supplies; transfer of accounts; reserve fund; distribution of balance.

(1) As soon as practicable after June 27, 1956 but no later than September 30, 1956, the equity of the Joint Senate and House Recording Facility Revolving Fund shall be distributed equally to the Senate and House of Representatives on the basis of an audit to be made by the General Accounting Office.

(2) The Sergeant at Arms of the Senate and the Clerk of the House of Representatives shall, subject to the approval of the committees mentioned in subsection (c) of this section, determine the assignment of existing studio facilities to the Senate and the House of Representatives, and also the existing equipment, materials and supplies to be transferred to the respective studios. The evaluation of equipment, materials and supplies transferred to each studio shall be on the basis of market value. Any other equipment, materials and supplies determined to be obsolete or not needed for the operation of the respective studio shall be disposed of to the best interest of the Government and the proceeds thereof deposited in the Joint Senate and House Recording Facility Revolving Fund.

(3) Accounts receivable, which on the effective date of liquidation, are due from Members and committees of the Senate shall be transferred to the Senate Studio, and those due from Members and committees of the House of Representatives shall be transferred to the House Studio.

(4) A sufficient reserve shall be set aside from the Joint Senate and House Recording Facility Revolving Fund to liquidate any outstanding accounts payable.

(5) After appropriate adjustments for the value of assets assigned or transferred to the Senate and House of Representatives, respectively, the balance in the Joint Senate and House Recording Facility Revolving Fund shall be distributed equally to the Senate and House of Representatives for deposit to the respective revolving funds authorized by this section.

(j) Availability of existing services and facilities.

Pending acquisition of the stock, supplies, materials, and equipment necessary to properly equip both studios, the present services and facilities shall be made available to both studios in order that each studio may carry out its duty.

(k) Restrictions on employment.

No person shall be an officer or employee of the House or Senate Recording 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. (1) Abolition of Joint Recording Facility positions and salaries.

The Joint Recording Facility positions and salaries established pursuant to the Legislative Branch Appropriation Act, 1948, and all subsequent Acts are abolished.

(m) Repeals.

Effective with the completion of the transfer provided for by subsection (i) of this section the joint resolution entitled "Joint resolution establishing in the Treasury of the United States a revolving fund within the contingent fund of the House of Representatives", approved August 7, 1953, is repealed. (n) Bonds of Directors; sureties.

The Director of the House Recording Studio shall give bond to the Clerk of the House of Representatives with one or more sureties in the penal sum of $20,000, with condition for the faithful performance of his duties and the preservation and security of all property in his care. The Director of the Senate Recording Studio shall give bond to the Sergeant at Arms of the Senate with one or more sureties in the penal sum of $20,000, with condition for the faithful performance of his duties and the preservation and security of all property in his care. (0) Authorization of appropriations.

Such sums as may be necessary to carry out the provisions of this section are authorized to be appropriated. (June 27, 1956, ch. 453, § 105, 70 Stat. 370.)

CROSS REFERENCES

Compensation of director, Senate Recording Studio, see section 61f of this title.

§ 124. Funeral expenses of deceased House Members, Delegates, or Resident Commissioner; payment of expenses of attending funeral rites.

The Sergeant at Arms of the House is on and after August 5, 1955 authorized and directed to make such arrangements as may be necessary for any committee appointed to attend the funeral of a deceased Member, Delegate, or Resident Commissioner and there shall be paid out of the contingent fund of the House, under such rules and regulations as the Committee on House Administration may prescribe, such sums as may be necessary toward defraying the funeral expenses of the deceased; and to defray the expenses of any such committee consisting of not more than six members (not more than four from the House and two from the Senate), the Sergeant at Arms of the House or a representative of his office, the widow or widower and/or minor children of the deceased incurred in attending the funeral rites and burial of such Member, Delegate, or Resident Commissioner. (Aug. 5, 1955, ch. 568, § 101, 69 Stat. 513.)

SIMILAR PROVISIONS

Section is from the Legislative Appropriation Act, 1956, act Aug. 5, 1955. Similar provisions were contained in the following prior appropriation acts:

1954 July 2, 1954, ch. 455, title I, § 101, 68 Stat. 403. 1953-Aug. 1, 1953, ch. 304, title I, § 101, 67 Stat. 325.

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

The Clerk of the House is on and after July 2, 1954, authorized to pay, from the contingent fund of the House, 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, § 101, 68 Stat. 403.)

§ 125a. Death gratuity payments as gifts.

Any death gratuity payment at any time specifically appropriated by any Act of Congress or at any time made out of the contingent fund of the House of Representatives or of the Senate shall be held to have been a gift. (June 5, 1952, ch. 369, Ch. I, § 101, 66 Stat. 101.)

CODIFICATION Provisions are also set out as section 38b of this title.

§ 126. Official Reporters and their employees.

The Official Reporters of the proceedings and debates of the Senate and their employees shall be considered to be officers or employees in or under the legislative branch of the Government within the meaning of the provisions of section 2091 (a) of Title 5. (Sept. 1, 1954, ch. 1208, title VI, § 603, 68 Stat. 1116.)

§ 127. Reimbursement for mileage of employees in Senator's office.

The contingent fund of the Senate is, on and after June 27, 1956, made available for reimbursement for mileage, at the rate of 10 cents per mile, for one round trip in each fiscal year by the nearest route usually traveled between Washington, District of Columbia, and a Senator's residence in his home State, to not to exceed two employees in each Senator's office, such reimbursement to be made upon vouchers approved by the Senator and containing a certification by him that such travel was performed in line of official duty. (June 27, 1956, ch. 453, § 101, 70 Stat. 360.)

SIMILAR PROVISIONS

Section is from the Legislative Branch Appropriation Act, 1957, act June 27, 1956. Similar provisions were contained in act Aug. 5, 1955, ch. 568, § 1, 69 Stat. 504. § 128. Contributions for group life insurance of House employees from contingent fund of House. Notwithstanding the provisions of section 2094 (b) of Title 5, the Clerk of the House is on and after August 5, 1955, authorized to pay, from the contingent fund of the House, with respect to all House employees who are insured under sections 20912103 of Title 5, the amounts which, under the terms of section 2094 (b) of Title 5, otherwise would be contributed from the appropriations or funds specified therein. As used in this section the term "House employees" means employees in the Legislative 21325 0-59-vol. 1-8

Branch whose salaries, wages, or other compensation are disbursed by the Clerk of the House of Representatives. (Aug. 5, 1955, ch. 568, § 101, 69

Stat. 513.)

§ 129. Contributions to retirement and disability fund from contingent fund of House.

Notwithstanding the provisions of section 401 of the Civil Service Retirement Act Amendments of 1956, the Clerk of the House is on and after July 1, 1957 authorized to pay, from the contingent fund of the House, with respect to all officers and employees of the House who are covered by such Act, the amounts, which, under the terms of such section 401, otherwise would be contributed from the appropriations or funds specified therein. As used in this section the term "officers and employees of the House" means employees in the legislative branch whose salaries, wages, or other compensation are disbursed by the Clerk of the House of Representatives. (Pub. L. 85-75, § 101, July 1, 1957, 71 Stat. 248.)

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