SUBCHAPTER III—SERGEANT AT ARMS AND DOORKEEPER OF SENATE

Part A—Organization and Personnel

§6591. Repealed. Pub. L. 116–94, div. E, title II, §212(a)(3)(H), Dec. 20, 2019, 133 Stat. 2776

Section, Pub. L. 88–426, title II, §203(g), Aug. 14, 1964, 78 Stat. 415; Pub. L. 93–371, §4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94–59, title I, §105, July 25, 1975, 89 Stat. 275; Pub. L. 116–94, div. E, title II, §212(a)(3)(A), Dec. 20, 2019, 133 Stat. 2775, related to compensation of Sergeant at Arms and Doorkeeper of Senate.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective on the later of the first day of the first applicable pay period beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title.

§6592. Limitation on compensation of Sergeant at Arms and Doorkeeper of Senate

The Sergeant at Arms and Doorkeeper of the Senate shall receive, directly or indirectly, no fees or other compensation or emolument whatever for performing the duties of the office, or in connection therewith, other than the salary prescribed by law.

(June 20, 1874, ch. 328, 18 Stat. 85.)

Editorial Notes

Codification

Section was formerly classified to section 62 of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Similar Provisions

Provisions similar to those in this section were also contained in act Mar. 3, 1875, ch. 129, 18 Stat. 344.

§6593. Deputy Sergeant at Arms and Doorkeeper to act on death, resignation, disability, or absence of Sergeant at Arms and Doorkeeper of Senate

In the event of the death, resignation, or disability of the Sergeant at Arms and Doorkeeper of the Senate, the Deputy Sergeant at Arms and Doorkeeper shall act as Sergeant at Arms and Doorkeeper of the Senate in carrying out the duties and responsibilities of that office in all matters until such time as a new Sergeant at Arms and Doorkeeper of the Senate shall have been elected and qualified or such disability shall have been ended. For purposes of this section, the Sergeant at Arms and Doorkeeper 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 Sergeant at Arms and Doorkeeper of the Senate is unable to perform his duties. In the event that the Sergeant at Arms and Doorkeeper of the Senate is absent, the Deputy Sergeant at Arms and Doorkeeper shall act during such absence as the Sergeant at Arms and Doorkeeper of the Senate in carrying out the duties and responsibilities of the office in all matters.

(Pub. L. 97–51, §128, Oct. 1, 1981, 95 Stat. 966.)

Editorial Notes

Codification

Section was formerly classified to section 61e–3 of this title prior to editorial reclassification and renumbering as this section.

§6594. Compensation of Deputy Sergeant at Arms and Doorkeeper of Senate

Effective August 1, 1979, the Sergeant at Arms and Doorkeeper may fix the compensation of the Deputy Sergeant at Arms and Doorkeeper at an annual rate not to exceed the maximum annual rate of compensation of the Assistant Secretary of the Senate.

(Pub. L. 94–226, §1(a), Mar. 9, 1976, 90 Stat. 203; Pub. L. 96–38, title I, §106(1), July 25, 1979, 93 Stat. 112.)

Editorial Notes

Codification

Section was formerly classified to section 61e–1 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1979—Pub. L. 96–38 raised the maximum annual rate of compensation of Deputy Sergeant at Arms and Doorkeeper of Senate to a rate the same as the maximum annual rate of compensation of Assistant Secretary of Senate.

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 94–226, §1(c), Mar. 9, 1976, 90 Stat. 203, provided that: "Effective on the date of enactment of this resolution [Mar. 9, 1976] the title of the Procurement Officer, Auditor, and Deputy Sergeant at Arms is changed to Deputy Sergeant at Arms and Doorkeeper."

Effective Date

Pub. L. 94–226, §1(b), Mar. 9, 1976, 90 Stat. 203, provided that: "Subsection (a) [enacting this section] shall take effect on January 1, 1976, and, notwithstanding any other provision of law, any increase in compensation made under authority of such subsection may take effect on that date or any date thereafter as prescribed by the Sergeant at Arms and Doorkeeper at the time of making such increase."

Authority of President Pro Tempore of the Senate To Raise or Adjust Rate of Compensation

Pub. L. 94–226, §1(a), Mar. 9, 1976, 90 Stat. 203, provided in part that: "This subsection [this section] does not supersede (1) any provision of an order of the President pro tempore of the Senate authorizing a higher rate of compensation, and (2) any authority of the President pro tempore to adjust the rate of compensation referred to in this subsection [this section] under section 4 of the Federal Pay Comparability Act of 1970 [section 4571 of this title]."

§6595. Compensation of Administrative Assistant to Sergeant at Arms and Doorkeeper of Senate

Effective August 1, 1979—

(1) the maximum annual rate of compensation of the Administrative Assistant to the Sergeant at Arms and Doorkeeper of the Senate shall be the same as the highest maximum annual rate of compensation that may be paid to an employee in the office of a Senator; and

(2) Omitted

(Pub. L. 96–38, title I, §106(2), (3), July 25, 1979, 93 Stat. 112.)

Editorial Notes

Codification

Section was formerly classified to section 61e–2 of this title prior to editorial reclassification and renumbering as this section.

Section consists of pars. (2) and (3) of section 106 of Pub. L. 96–38, Supplemental Appropriations Act, 1979. The paragraph numbers (2) and (3) in the original have been changed to (1) and (2) for purposes of codification.

Par. (2), relating to maximum annual rate of compensation of Executive Assistant to Sergeant at Arms and Doorkeeper of Senate, was omitted from the Code in view of section 6597 of this title which abolished all statutory positions in the Office of Sergeant at Arms and Doorkeeper of Senate, with specified exceptions, effective Oct. 1, 1981, and authorized Sergeant at Arms and Doorkeeper of Senate to appoint and fix compensation of such employees as appropriate.

§6596. Employment of personnel by Sergeant at Arms and Doorkeeper of Senate at daily rates of compensation; authorization; limitation on amount of compensation

The Sergeant at Arms and Doorkeeper of the Senate, in carrying out the duties of his office, is authorized to employ personnel at daily rates of compensation; no individual so employed shall be paid at a daily rate of compensation which is in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate; and payments under authority of this section shall be made from the account, within the contingent fund of the Senate, for the "Sergeant at Arms and Doorkeeper of the Senate", upon vouchers approved by the Sergeant at Arms and Doorkeeper of the Senate.

(Pub. L. 98–367, title I, §6, July 17, 1984, 98 Stat. 475.)

Editorial Notes

Codification

Section was formerly classified to section 61f–9 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriation Act, 1985, which is title I of the Legislative Branch Appropriations Act, 1985.

§6597. Abolition of statutory positions in Office of Sergeant at Arms and Doorkeeper of Senate; authority to establish and fix compensation for positions

Effective October 1, 1981, all statutory positions in the Office of the Sergeant at Arms and Doorkeeper of the Senate (other than the positions of the Sergeant at Arms and Doorkeeper of the Senate, Deputy Sergeant at Arms and Doorkeeper, and Administrative Assistant) are abolished, and in lieu of the positions hereby abolished the Sergeant at Arms and Doorkeeper of the Senate is authorized to establish such number of positions as he deems appropriate and appoint and fix the compensation of employees to fill the positions so established; except that the annual rate of compensation payable to any employee appointed to fill any position established by the Sergeant at Arms and Doorkeeper of the Senate shall not, for any period of time, be in excess of $1,000 less than the annual rate of compensation of the Sergeant at Arms and Doorkeeper of the Senate for that period of time; and except that nothing in this section shall be construed to affect any position authorized by statute, if the compensation for such position is to be paid from the contingent fund of the Senate.

(Pub. L. 97–51, §116, Oct. 1, 1981, 95 Stat. 963.)

Editorial Notes

Codification

Section was formerly classified to section 61f–7 of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Transfer of Jurisdiction of Senate Chamber Public Address System From Architect of Capitol to Sergeant at Arms and Doorkeeper of Senate

Pub. L. 102–90, title I, §8, Aug. 14, 1991, 105 Stat. 451, provided that:

"(a) Effective October 1, 1991, the jurisdiction and control of the Senate chamber public address system is transferred from the Architect of the Capitol to the Sergeant at Arms and Doorkeeper of the Senate. In the case of any employee of the Architect of the Capitol transferred during fiscal year 1992 to the Sergeant at Arms and Doorkeeper of the Senate as an audio operator—

"(1) in the case of days of annual leave to the credit of any such employee as of the date such employee is transferred, the Architect of the Capitol is authorized to make payment to each such employee for that annual leave, and no such payment shall be considered a payment or compensation within the meaning of any law relating to dual compensation; and

"(2) for purposes of section 8339(m) of title 5, United States Code, the days of unused sick leave to the credit of any such employee as of the date such employee is transferred shall be included in the total service of such employee in connection with the computation of any annuity under subsections (a) through (e), (n), and (q) of such section.

"(b) The Architect of the Capitol shall provide the maintenance of the Senate chamber public address system until such system is replaced by a combined public address and audio broadcast system."

Transfer of Jurisdiction of Elevators in Capitol Building Under Control of Senate From Architect of Capitol to Sergeant at Arms and Doorkeeper of Senate

Pub. L. 102–90, title I, §9, Aug. 14, 1991, 105 Stat. 452, provided that:

"(a) Subject to subsection (b), those employees of the Architect of the Capitol engaged in operating elevators in that part of the United States Capitol Building under the control and jurisdiction of the United States Senate, together with the elevator operating functions performed by such employees, effective October 1, 1991, shall be transferred to the jurisdiction of the Sergeant at Arms and Doorkeeper of the Senate.

"(b) The Sergeant at Arms and Doorkeeper of the Senate is authorized to enter into an agreement or other arrangement with the Architect of the Capitol regarding the supervision of such employees."

Increases in Compensation

Increases in compensation for Senate officers and employees under authority of the Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 4571 of this title.

§6598. Designation by Sergeant at Arms and Doorkeeper of Senate of persons to approve vouchers for payment of moneys

The Sergeant at Arms and Doorkeeper of the Senate (hereinafter in this section referred to as the "Sergeant at Arms") may designate one or more employees in the Office of the Sergeant at Arms and Doorkeeper of the Senate to approve, on his behalf, any voucher for payment of moneys, payroll action, or personnel action which the Sergeant at Arms is authorized to approve. Whenever the Sergeant at Arms makes a designation under the authority of the preceding sentence, he shall immediately notify the Committee on Rules and Administration in writing of the designation, and thereafter any approval of any voucher for payment of moneys, payroll action, or personnel action by an employee so designated shall (until such designation is revoked and the Sergeant at Arms notifies the Committee on Rules and Administration in writing of the revocation) be deemed and held to be approved by the Sergeant at Arms for all intents and purposes.

(Pub. L. 98–181, title I, §1201, Nov. 30, 1983, 97 Stat. 1289; Pub. L. 116–344, §1, Jan. 13, 2021, 134 Stat. 5141.)

Editorial Notes

Codification

Section was formerly classified to section 61e–4 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Supplemental Appropriations Act, 1984.

Amendments

2021—Pub. L. 116–344 substituted "on his behalf, any voucher for payment of moneys, payroll action, or personnel action" for "on his behalf, all vouchers, for payment of moneys," and "approval of any voucher for payment of moneys, payroll action, or personnel action" for "approval of any voucher, for payment of moneys,".

§6599. Use by Sergeant at Arms and Doorkeeper of Senate of individual consultants or organizations, and department and agency personnel

For each fiscal year (beginning with the fiscal year which ends September 30, 1982), the Sergeant at Arms and Doorkeeper of the Senate is hereby authorized to expend from the account for the Sergeant at Arms and Doorkeeper of the Senate, within the contingent fund of the Senate, an amount not to exceed $300,000:

(1) the procurement of the services, on a temporary basis, of individual consultants, or organizations thereof, with the prior consent of the Committee on Rules and Administration; such services may be procured by contract with the providers acting as independent contractors, or in the case of individuals, by employment at daily rates of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate; and any such contract shall not be subject to the provisions of section 6101 of title 41 or any other provision of law requiring advertising; and

(2) with the prior consent of the Government department or agency concerned and the Committee on Rules and Administration, use on a reimbursable basis (with reimbursement payable at the end of each calendar quarter for services rendered during such quarter) of the services of personnel of any such department or agency.

Payments made under this section shall be made upon vouchers approved by the Sergeant at Arms and Doorkeeper of the Senate.

(Pub. L. 97–51, §117, Oct. 1, 1981, 95 Stat. 964; Pub. L. 97–257, title I, §103, Sept. 10, 1982, 96 Stat. 849; Pub. L. 98–367, title I, §7, July 17, 1984, 98 Stat. 475; Pub. L. 100–458, title I, §7, Oct. 1, 1988, 102 Stat. 2162.)

Editorial Notes

Codification

Section was formerly classified to section 61f–8 of this title prior to editorial reclassification and renumbering as this section.

In par. (1), "section 6101 of title 41" substituted for "section 5 of title 41, United States Code," on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

1988—Pub. L. 100–458 substituted "from the account for the Sergeant at Arms and Doorkeeper of the Senate, within the contingent fund of the Senate, an amount not to exceed $300,000:" for "from the contingent fund of the Senate an amount not to exceed $210,000 for:".

1984—Pub. L. 98–367 substituted "$210,000" for "$60,000".

1982—Par. (1). Pub. L. 97–257 substituted "the procurement of the services, on a temporary basis, of individual consultants, or organizations thereof, with the prior consent of the Committee on Rules and Administration; such services may be procured by contract with the providers acting as independent contractors, or in the case of individuals, by employment at daily rates of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate; and any such contract shall not be subject to the provisions of section 5 of title 41 or any other provision of law requiring advertising; and" for "the procurement of individual consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate with the prior consent of the Committee on Rules and Administration; and".

Part B—General Powers and Duties

§6611. Transfer authority and Sergeant at Arms Business Continuity and Disaster Recovery Fund

(a) In general

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.

(b) Sergeant at Arms Business Continuity and Disaster Recovery Fund

(1) Definitions

In this subsection—

(A) the term "Fund" means the Sergeant at Arms Business Continuity and Disaster Recovery Fund established under paragraph (2); and

(B) the term "Sergeant at Arms" means the Sergeant at Arms and Doorkeeper of the Senate.

(2) Establishment

There is established under the heading "Contingent Expenses of the Senate" an account to be known as the "Sergeant at Arms Business Continuity and Disaster Recovery Fund".

(3) Use of amounts

Amounts in the Fund shall be available to the Sergeant at Arms for purposes of the business continuity and disaster recovery needs of the Senate.

(4) Authority to transfer

(A) In general

Subject to subparagraph (C), prior to the date of the withdrawal of amounts appropriated under the heading "Contingent Expenses of the Senate—sergeant at arms and doorkeeper of the senate" in accordance with section 4107 of this title, any unobligated balances of expired discretionary appropriations of such amounts may be transferred by the Sergeant at Arms to the Fund.

(B) Period of availability

Amounts transferred under subparagraph (A) shall remain available until expended.

(C) Notice

If the Sergeant at Arms intends to transfer amounts under subparagraph (A), the Sergeant at Arms shall submit to the Committee on Appropriations of the Senate written notice not later than 15 days before the date of the withdrawal of such amounts in accordance with section 4107 of this title.

(D) Applicability

The authority to transfer amounts under this paragraph shall apply with respect to amounts appropriated for fiscal year 2022, or any fiscal year thereafter.

(5) Authorization of appropriations

There are authorized to be appropriated to the Fund such sums as are necessary for fiscal year 2022 and each fiscal year thereafter.

(Pub. L. 101–520, title I, §5, Nov. 5, 1990, 104 Stat. 2258; Pub. L. 117–103, div. I, title I, §103, Mar. 15, 2022, 136 Stat. 505.)

Editorial Notes

Codification

Section was formerly classified to section 68–6a of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991.

Amendments

2022—Pub. L. 117–103 substituted "Transfer authority and Sergeant at Arms Business Continuity and Disaster Recovery Fund" for "Transfers from appropriations account for expenses of Office of Sergeant at Arms and Doorkeeper of Senate" in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

§6612. Travel expenses of Sergeant at Arms and Doorkeeper of Senate

For the purpose of carrying out his duties, the Sergeant at Arms and Doorkeeper of the Senate is authorized to incur official travel expenses during each fiscal year not to exceed the sums made available for such purpose under appropriations Acts. With the approval of the Sergeant at Arms and Doorkeeper of the Senate and in accordance with such regulations as may be promulgated by the Senate Committee on Rules and Administration, the Secretary of the Senate is authorized to advance to the Sergeant at Arms or to any designated employee under the jurisdiction of the Sergeant at Arms and Doorkeeper, such sums as may be necessary to defray official travel expenses incurred in carrying out the duties of the Sergeant at Arms and Doorkeeper. The receipt of any such sum so advanced to the Sergeant at Arms and Doorkeeper or to any designated employee shall be taken and passed by the accounting officers of the Government as a full and sufficient voucher; but it shall be the duty of the traveler, as soon as practicable, to furnish to the Secretary of the Senate a detailed voucher of the expenses incurred for the travel with respect to which the sum was so advanced, and make settlement with respect to such sum. Payments under this section shall be made from funds included in the appropriations account, within the contingent fund of the Senate, for the Sergeant at Arms and Doorkeeper of the Senate, upon vouchers approved by the Sergeant at Arms and Doorkeeper.

(Pub. L. 94–303, title I, §117, June 1, 1976, 90 Stat. 615; Pub. L. 95–391, title I, §106, Sept. 30, 1978, 92 Stat. 772; Pub. L. 96–86, §111(c), Oct. 12, 1979, 93 Stat. 661; Pub. L. 97–12, title I, §108, June 5, 1981, 95 Stat. 62; Pub. L. 100–458, title I, §6, Oct. 1, 1988, 102 Stat. 2161; Pub. L. 101–520, title I, §6, Nov. 5, 1990, 104 Stat. 2258.)

Editorial Notes

Codification

Section was formerly classified to section 61f–1a of this title prior to editorial reclassification and renumbering as this section.

Amendments

1990—Pub. L. 101–520 amended section generally. Prior to amendment, section read as follows: "For the purpose of carrying out his duties, the Sergeant at Arms and Doorkeeper of the Senate is authorized to incur official travel expenses not to exceed $250,000 during any fiscal year. With the approval of the Sergeant at Arms and Doorkeeper, the Secretary of the Senate is authorized to advance to any designated employee under the jurisdiction of the Sergeant at Arms and Doorkeeper such sums as may be necessary, not exceeding $1,000, to defray official travel expenses in assisting the Sergeant at Arms and Doorkeeper in carrying out his duties. Any such employee shall, as soon as practicable, furnish to the Sergeant at Arms and Doorkeeper a detailed voucher for such expenses incurred and make settlement with respect to any amount so advanced. For purposes of this section, official travel expenses includes travel expenses incurred in connection with training of employees only if the training has been approved by the Committee on Rules and Administration of the Senate. Payments under this section shall be made from funds included in the appropriation 'Miscellaneous Items' under the heading 'Contingent Expenses of the Senate' upon vouchers approved by the Sergeant at Arms and Doorkeeper."

1988—Pub. L. 100–458, which directed the substitution of "not to exceed $250,000 during any fiscal year" for "not to exceed $167,000 during any fiscal year" was executed by making the substitution for "not exceeding $167,000 during any fiscal year" as the probable intent of Congress because of absence of "not to exceed" in text.

1981—Pub. L. 97–12 substituted "$167,000" for "$92,000".

1979—Pub. L. 96–86 substituted "$92,000" for "$25,000".

1978—Pub. L. 95–391 substituted "$25,000" for "$10,000".

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Pub. L. 101–520, title I, §6, Nov. 5, 1990, 104 Stat. 2258, provided that the amendment made by section 6 is effective in the case of fiscal years which begin after Sept. 30, 1990.

Effective Date of 1988 Amendment

Pub. L. 100–458, title I, §6, Oct. 1, 1988, 102 Stat. 2161, provided that the amendment made by section 6 is effective with fiscal year ending Sept. 30, 1988.

Effective Date of 1981 Amendment

Pub. L. 97–12, title I, §108, June 5, 1981, 95 Stat. 62, provided that the amendment made by section 108 is effective with the fiscal year ending Sept. 30, 1981.

Effective Date of 1979 Amendment

Pub. L. 96–86, §111(c), Oct. 12, 1979, 93 Stat. 661, provided that the amendment made by section 111(c) is effective with the fiscal year ending Sept. 30, 1980.

§6613. Advances to Sergeant at Arms of Senate for extraordinary expenses

The Secretary of the Senate on and after July 31, 1958, is authorized, in his discretion, to advance to the Sergeant at Arms of the Senate such sums as may be necessary, not exceeding $4,000, to meet any extraordinary expenses of the Senate.

(Pub. L. 85–570, July 31, 1958, 72 Stat. 442; Pub. L. 94–440, title I, §108, Oct. 1, 1976, 90 Stat. 1445; Pub. L. 95–26, title I, §104, May 4, 1977, 91 Stat. 82.)

Editorial Notes

Codification

Section was formerly classified to section 65b of this title prior to editorial reclassification and renumbering as this section.

Amendments

1977—Pub. L. 95–26 struck out "during any fiscal year" after "$4,000".

1976—Pub. L. 94–440 substituted "$4,000 during any fiscal year" for "$2,000".

§6614. Funds advanced by Secretary of Senate to Sergeant at Arms and Doorkeeper of Senate to defray office expenses; accountability; maximum amount; vouchers

From funds available for any fiscal year (commencing with the fiscal year ending September 30, 1984), the Secretary of the Senate shall advance to the Sergeant at Arms and Doorkeeper of the Senate for the purpose of defraying office expenses such sums (for which the Sergeant at Arms and Doorkeeper shall be accountable) not in excess of $1,000 at any one time, as such Sergeant at Arms shall from time to time request; except that the aggregate of the sums so advanced during the fiscal year shall not exceed $10,000.

In accordance with the provisions of this section, a detailed voucher shall be submitted to the Secretary of the Senate by such Sergeant at Arms whenever necessary, in order to replenish funds expended.

(Pub. L. 98–51, title I, §104, July 14, 1983, 97 Stat. 266.)

Editorial Notes

Codification

Section was formerly classified to section 65d of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984.

§6615. Deposit of moneys for credit to account within Senate contingent fund for "Sergeant at Arms and Doorkeeper of the Senate"

Any provision of law which is enacted prior to October 1, 1983, and which directs the Sergeant at Arms and Doorkeeper of the Senate to deposit any moneys in the United States Treasury for credit to the account, within the contingent fund of the Senate, for "Miscellaneous Items", or for "Automobiles and Maintenance" shall, on and after October 1, 1983, be deemed to direct him to deposit such moneys in the United States Treasury for credit to the account, within the contingent fund of the Senate, for the "Sergeant at Arms and Doorkeeper of the Senate".

(Pub. L. 98–181, title I, §1202, Nov. 30, 1983, 97 Stat. 1289.)

Editorial Notes

Codification

Section was formerly classified to section 68–4 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Supplemental Appropriations Act, 1984.

§6616. Support services for Senate during emergency; memorandum of understanding with an executive agency

(a) Authorization

Notwithstanding any other provision of law—

(1) subject to paragraph (3), the Sergeant at Arms of the Senate and the head of an executive agency (as defined in section 105 of title 5) may enter into a memorandum of understanding under which the agency may provide facilities, equipment, supplies, personnel, and other support services for the use of the Senate during an emergency situation;

(2) the Sergeant at Arms of the Senate and the head of the agency may take any action necessary to carry out the terms of the memorandum of understanding; and

(3) the Sergeant at Arms of the Senate may enter into a memorandum of understanding described in paragraph (1) consistent with the Senate Procurement Regulations.

(b) Obligations and expenditures

The Sergeant at Arms of the Senate may incur obligations and make expenditures for meals, refreshments, and other support and maintenance for Members, officers, and employees of the Senate when such obligations and expenditures are necessary to respond to emergencies involving the safety of human life or the protection of property.

(c) Applicability

This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.

(Pub. L. 107–117, div. B, §902, Jan. 10, 2002, 115 Stat. 2316; Pub. L. 116–94, div. P, title XV, §1502, Dec. 20, 2019, 133 Stat. 3209.)

Editorial Notes

Codification

Section was formerly classified to section 130g of this title prior to editorial reclassification and renumbering as this section.

Section is from the Emergency Supplemental Act, 2002, which is div. B of the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002.

Amendments

2019—Subsec. (a)(1). Pub. L. 116–94, §1502(1)(A)(i), substituted "paragraph (3)" for "subsection (b)".

Subsec. (a)(3). Pub. L. 116–94, §1502(1)(A)(ii)–(C), added par. (3).

Subsec. (b). Pub. L. 116–94, §1502(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: "The Sergeant at Arms of the Senate may enter into a memorandum of understanding described in subsection (a)(1) consistent with the Senate Procurement Regulations."

§6617. Law enforcement authority of Sergeant-at-Arms and Doorkeeper of the Senate

(a) In general

The Sergeant-at-Arms and Doorkeeper of the Senate shall have the same law enforcement authority, including the authority to carry firearms, as a member of the Capitol Police. The law enforcement authority under the preceding sentence shall be subject to the requirement that the Sergeant-at-Arms and Doorkeeper of the Senate have the qualifications specified in subsection (b).

(b) Qualifications

The qualifications referred to in subsection (a) are the following:

(1) A minimum of 5 years of experience as a law enforcement officer before beginning service as the Sergeant-at-Arms and Doorkeeper of the Senate.

(2) Current certification in the use of firearms by the appropriate Federal law enforcement entity or an equivalent non-Federal entity.

(3) Any other firearms qualification required for members of the Capitol Police.

(c) Regulations

The Committee on Rules and Administration of the Senate shall have authority to prescribe regulations to carry out this section.

(Pub. L. 111–145, §8, Mar. 4, 2010, 124 Stat. 56.)

Editorial Notes

Codification

Section was formerly classified to section 61f–14 of this title prior to editorial reclassification and renumbering as this section.

§6618. Data processing equipment, software, and services

Notwithstanding any other provision of law, the Sergeant at Arms, subject to the approval of the Committee on Rules and Administration, is hereafter authorized to enter into multi-year contracts for data processing equipment, software, and services.

(Pub. L. 94–32, title I, June 12, 1975, 89 Stat. 182; Pub. L. 95–26, title I, §103, May 4, 1977, 91 Stat. 82.)

Editorial Notes

Codification

Section was formerly classified to section 123c of this title prior to editorial reclassification and renumbering as this section.

Section is from the Second Supplemental Appropriations Act, 1975.

Amendments

1977—Pub. L. 95–26 substituted "multi-year contracts for data processing equipment, software, and services" for "multi-year leases for automatic data processing equipment".

§6619. Advance payments for computer programing services

Notwithstanding any other provision of law, the Sergeant at Arms and Doorkeeper of the Senate, subject to the approval of the Committee on Rules and Administration, is on and after July 6, 1981, authorized to enter into contracts which provide for the making of advance payments for computer programing services.

(Pub. L. 97–20, July 6, 1981, 95 Stat. 104.)

Editorial Notes

Codification

Section was formerly classified to section 123c–1 of this title prior to editorial reclassification and renumbering as this section.

§6620. Provision of services and equipment on a reimbursable basis

(a) In general

Subject to the approval of the Committee on Rules and Administration of the Senate, the Sergeant at Arms and Doorkeeper of the Senate may provide services and equipment funded by appropriations available to the Senate to persons and entities not funded by such appropriations.

(b) Reimbursement required

The provision of services and equipment under subsection (a) shall be on a reimbursable basis.

(c) Crediting of reimbursed amounts

In the case of services or equipment provided under subsection (a) that were procured using amounts available to the Sergeant at Arms and Doorkeeper of the Senate in the account for Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate, amounts received under subsection (b) as reimbursement for the provision of such services or equipment shall be credited to that account or, if applicable, to any subaccount of that account. Amounts credited to any such account or subaccount shall be merged with amounts in that account or subaccount and shall be available to the same extent, and subject to the same terms and conditions, as amounts in that account or subaccount.

(d) Effective date

This section shall apply to fiscal year 2004 and each succeeding fiscal year.

(Pub. L. 108–83, title I, §9, Sept. 30, 2003, 117 Stat. 1013.)

Editorial Notes

Codification

Section was formerly classified to section 61f–11 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Legislative Branch Appropriations Act, 2004.

§6621. Payment for telecommunications equipment and services; definitions

As used in sections 6621 to 6623 of this title, the term—

(1) "Sergeant at Arms" means the Sergeant at Arms and Doorkeeper of the United States Senate; and

(2) "user" means any Senator, Officer of the Senate, Committee, office, or entity provided telephone equipment and services by the Sergeant at Arms.

(Pub. L. 100–123, §1, Oct. 5, 1987, 101 Stat. 794.)

Editorial Notes

Codification

Section was formerly classified to section 58a–1 of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 100–123, §4, Oct. 5, 1987, 101 Stat. 795, provided that: "This Act [enacting this section and sections 6622 and 6623 of this title] shall take effect on October 1, 1987."

§6622. Certification of telecommunications equipment and services as official

(a) Regulations issued by Committee on Rules and Administration

Subject to such regulations as may hereafter be issued by the Committee on Rules and Administration of the Senate, the Sergeant at Arms shall have the authority, with respect to telephone equipment and services provided to any user on a reimbursable basis (including repair or replacement), solely for the purposes of this section, to make such certification as may be necessary to establish such services and equipment as official, issue invoices in conjunction therewith, and receive payment for such services and equipment by certification, voucher, or otherwise.

(b) Equipment and services provided on reimbursable basis

For purposes of sections 6621 to 6623 of this title, telephone equipment and services provided to any user for which payment, prior to October 1, 1987, was not authorized from the contingent fund of the Senate shall, on and after October 1, 1987, be considered telephone equipment and services provided on a reimbursable basis for which payment may be obtained from such fund in accordance with subsection (a) of this section.

(c) Establishment of reasonable charges

Subject to the approval of the Committee on Rules and Administration, the Sergeant at Arms may establish reasonable charges for telephone equipment and services provided to any user which may be in addition to that regularly authorized by the Committee.

(d) Disposition of moneys received

All moneys, derived from payments for telephone equipment and services provided from funds from the Appropriation Account within the contingent fund of the Senate for "Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate" under the line item for Telecommunications (including receipts from carriers and others for loss or damage to such services or equipment for which repair or replacement has been provided by the Sergeant at Arms), and all other moneys received by the Sergeant at Arms as charges or commissions for telephone services, shall be deposited in and made a part of such Appropriation Account and under such line item, and shall be available for expenditure or obligation, or both, in like manner and subject to the same limitations as any other moneys in such account and under such line item.

(e) Committee authority to classify or reclassify equipment and services

Nothing in sections 6621 to 6623 of this title shall be construed as limiting or otherwise affecting the authority of the Committee on Rules and Administration of the Senate to classify or reclassify telephone equipment and services provided to any user as equipment or services for which reimbursement may or may not be required.

(Pub. L. 100–123, §2, Oct. 5, 1987, 101 Stat. 794; Pub. L. 101–163, title I, §3, Nov. 21, 1989, 103 Stat. 1044.)

Editorial Notes

Codification

Section was formerly classified to section 58a–2 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1989—Subsec. (d). Pub. L. 101–163 inserted "and all other moneys received by the Sergeant at Arms as charges or commissions for telephone services," after "by the Sergeant at Arms),".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1987, see section 4 of Pub. L. 100–123, set out as a note under section 6621 of this title.

§6623. Report on telecommunications to Committee on Rules and Administration

The Sergeant at Arms shall report to the Committee on Rules and Administration of the Senate, at such time or times, and in such form and manner, as the Committee may direct, on expenditures made, and revenues received, pursuant to sections 6621 to 6623 of this title. It shall be the function of the Sergeant at Arms to advise the Committee, as soon as possible, of any dispute regarding payments to and from such Appropriation Account as related to the line item for Telecommunications, including any amounts due and unpaid by any user, if any such dispute has remained unresolved for a period of at least 60 days.

(Pub. L. 100–123, §3, Oct. 5, 1987, 101 Stat. 795.)

Editorial Notes

Codification

Section was formerly classified to section 58a–3 of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1987, see section 4 of Pub. L. 100–123, set out as a note under section 6621 of this title.

§6624. Metered charges on copiers; "Sergeant at Arms" and "user" defined; certification of services and equipment as official; deposit of payments; availability for expenditure

(a) As used in this section, the term—

(1) "Sergeant at Arms" means the Sergeant at Arms and Doorkeeper of the United States Senate; and

(2) "user" means any Senator, Officer of the Senate, Committee, office, or entity provided copiers by the Sergeant at Arms.

(b)(1) Subject to such regulations as may on and after November 5, 1990, be issued by the Committee on Rules and Administration of the Senate, the Sergeant at Arms shall have the authority, with respect to metered charges on copying equipment provided by the Sergeant at Arms, solely for the purposes of this section, to make such certification as may be necessary to establish such services and equipment as official, issue invoices in conjunction therewith, and receive payment for such services and equipment by certification, voucher, or otherwise.

(2) All moneys, derived from the payment of metered charges on copying equipment provided from funds from the Appropriation Account within the contingent fund of the Senate for "Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate" under the line item for the Service Department, shall be deposited in and made a part of such Appropriation Account and under such line item, and shall be available for expenditure or obligation, or both, in like manner and subject to the same limitations as any other moneys in such account and under such line item.

(Pub. L. 101–520, title I, §4(a), (b), Nov. 5, 1990, 104 Stat. 2257.)

Editorial Notes

References in Text

This section, referred to in text, means section 4 of Pub. L. 101–520, which enacted this section, amended section 6314 of this title, and enacted provisions set out as a note under section 6314 of this title.

Codification

Section was formerly classified to section 58a–4 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1990, see section 4(d) of Pub. L. 101–520, set out as an Effective Date of 1990 Amendment note under section 6314 of this title.

§6625. Receipts from sales of items by Sergeant at Arms and Doorkeeper of Senate, to Senators, etc., to be credited to appropriation from which purchased

In any case in which appropriated funds are used by a Senator or a committee or office of the Senate to purchase from the Sergeant at Arms and Doorkeeper of the Senate items which were purchased by him from the appropriation for "miscellaneous items" under "Contingent Expenses of the Senate" in any appropriation Act, the amounts received by the Sergeant at Arms and Doorkeeper shall be deposited in the Treasury of the United States for credit to such appropriation. This section does not apply to amounts received from the sale of used or surplus furniture and equipment.

(Pub. L. 96–214, Mar. 24, 1980, 94 Stat. 122.)

Editorial Notes

Codification

Section was formerly classified to section 111a of this title prior to editorial reclassification and renumbering as this section.

§6626. Reimbursements to Sergeant at Arms and Doorkeeper of Senate for equipment provided to Senators, etc., which has been lost, stolen, damaged, or otherwise unaccounted for; deposit of receipts

The Sergeant at Arms and Doorkeeper of the Senate shall deposit in the United States Treasury for credit to the appropriation account, within the contingent fund of the Senate, for the "Sergeant at Arms and Doorkeeper of the Senate", all moneys received by him as reimbursement for equipment provided to Senators, committee chairmen, and other officers and employees of the Senate, which has been lost, stolen, damaged, or otherwise unaccounted for.

(Pub. L. 98–367, title I, §5, July 17, 1984, 98 Stat. 475.)

Editorial Notes

Codification

Section was formerly classified to section 117d of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriation Act, 1985, which is title I of the Legislative Branch Appropriations Act, 1985.

§6627. Compensation for lost or damaged property

(a) In general

Any amounts received by the Sergeant at Arms and Doorkeeper of the Senate (in this section referred to as the "Sergeant at Arms") for compensation for damage to, loss of, or loss of use of property of the Sergeant at Arms that was procured using amounts available to the Sergeant at Arms in the account for Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate, shall be credited to that account or, if applicable, to any subaccount of that account.

(b) Availability

Amounts credited to any account or subaccount under subsection (a) shall be merged with amounts in that account or subaccount and shall be available to the same extent, and subject to the same terms and conditions, as amounts in that account or subaccount.

(c) Effective date

This section shall apply with respect to fiscal year 2005 and each fiscal year thereafter.

(Pub. L. 108–447, div. G, title I, §8, Dec. 8, 2004, 118 Stat. 3170.)

Editorial Notes

Codification

Section was formerly classified to section 117d–1 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.

§6628. Treatment of electronic services provided by Sergeant at Arms

(a) In general

In this section—

(1) the term "agent of the Office of the SAA" includes a provider of electronic communication service or remote computing service commissioned or used through the Office of the SAA by a Senate office to provide such services to the Senate office;

(2) the term "electronic communication service" has the meaning given that term in section 2510 of title 18;

(3) the term "Office of the SAA" means the Office of the Sergeant at Arms and Doorkeeper of the Senate;

(4) the term "provider for a Senate office" means a provider of electronic communication service or remote computing service directly commissioned or used by a Senate office to provide such services;

(5) the term "remote computing service" has the meaning given that term in section 2711 of title 18;

(6) the term "Senate data", with respect to a Senate office, means any electronic mail or other electronic or data communication, other data (including metadata), or other information of the Senate office; and

(7) the term "Senate office" means a committee or office of the Senate, including a Senator, an officer of the Senate, or an employee of, intern at, or other agent of a committee or office of the Senate.

(b) Treatment

(1) Retaining possession

(A) In general

A Senate office shall be deemed to retain possession of any Senate data of the Senate office, without regard to the use by the Senate office of any individual or entity described in paragraph (2) for the purposes of any function or service described in paragraph (2).

(B) Rule of construction

Subparagraph (A) shall not be construed to limit the use by an intended recipient of any Senate data from a Senate office.

(2) Sergeant at Arms and providers for a Senate office

The Office of the SAA, any officer, employee, or agent of the Office of the SAA, and any provider for a Senate office shall not be treated as acquiring possession, custody, or control of any Senate data by reason of its being transmitted, processed, or stored (whether temporarily or otherwise) through the use of an electronic system established, maintained, or operated, or the use of electronic services provided, in whole or in part by the Office of the SAA, the officer, employee, or agent of the Office of the SAA, or the provider for the Senate office.

(c) Notification

Notwithstanding any other provision of law or rule of civil or criminal procedure, the Office of the SAA, any officer, employee, or agent of the Office of the SAA, and any provider for a Senate office that is providing services to or used by a Senate office shall not be barred, through operation of any court order or any statutory provision, from notifying the Senate office of any legal process seeking disclosure of Senate data of the Senate office that is transmitted, processed, or stored (whether temporarily or otherwise) through the use of an electronic system established, maintained, or operated, or the use of electronic services provided, in whole or in part by the Office of the SAA, the officer, employee, or agent of the Office of the SAA, or the provider for a Senate office.

(d) Motions to quash or modify

Upon a motion made promptly by a Senate office or provider for a Senate office, a court of competent jurisdiction shall quash or modify any legal process directed to the provider for a Senate office if compliance with the legal process would require the disclosure of Senate data of the Senate office.

(e) Information regarding implications of using providers

The Office of the SAA, in consultation with the Senate Legal Counsel, shall provide information to each Senate office that commissions or uses a provider of electronic communication service or remote computing service to provide such services to the Senate office regarding the potential constitutional implications and the potential impact on privileges that may be asserted by the Senate office.

(f) Applicable privileges

Nothing in this section shall be construed to limit or supersede any applicable privilege, immunity, or other objection that may apply to the disclosure of Senate data.

(g) Preemption

Except as provided in this section, any provision of law or rule of civil or criminal procedure of any State, political subdivision, or agency thereof, which is inconsistent with this section shall be deemed to be preempted and superseded.

(h) Effective date

This section shall apply to fiscal year 2005 and each fiscal year thereafter.

(Pub. L. 108–447, div. G, title I, §10, Dec. 8, 2004, 118 Stat. 3170; Pub. L. 109–289, div. B, title II, §20701(c)(1), as added Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 38; Pub. L. 116–260, div. FF, title IV, §401(a), Dec. 27, 2020, 134 Stat. 3134.)

Editorial Notes

Codification

Section was formerly classified to section 61f–12 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.

Amendments

2020—Pub. L. 116–260 added subsecs. (a) to (g), redesignated former subsec. (b) as (h), and struck out former subsec. (a). Prior to amendment, text of subsec. (a) read as follows: "The Office of the Sergeant at Arms and Doorkeeper of the United States Senate, and any officer, employee, or agent of the Office, shall not be treated as acquiring possession, custody, or control of any electronic mail or other electronic communication, data, or information by reason of its being transmitted, processed, or stored (whether temporarily or otherwise) through the use of an electronic system established, maintained, or operated, or the use of electronic services provided, in whole or in part by the Office."

2007—Pub. L. 109–289, §20701(c)(1), as added by Pub. L. 110–5, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–260, div. FF, title IV, §401(b), Dec. 27, 2020, 134 Stat. 3135, provided that:

"(1) In this subsection, the terms 'Senate data' and 'Senate office' have the meanings given such terms in section 10 of the Legislative Branch Appropriations Act, 2005 [2 U.S.C. 6628], as amended by subsection (a) of this section.

"(2) The amendments made by this section shall—

"(A) take effect as though included in the Legislative Branch Appropriations Act, 2005 (division G of Public Law 108–447; 118 Stat. 3166); and

"(B) apply with respect to—

"(i) any legal process seeking disclosure of Senate data of a Senate office that is filed, issued, or made on or after the date of enactment of this Act [Dec. 27, 2020]; and

"(ii) any matter that is pending on or after the date of enactment of this Act that relates to legal process described in clause (i) that is filed, issued, or made before the date of enactment of this Act, unless the Senate data of the Senate office was disclosed in accordance with such legal process before the date of enactment of this Act."

Effective Date of 2007 Amendment

Pub. L. 109–289, div. B, title II, §20701(c)(2), as added by Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 38, provided that: "The amendments made by this subsection [amending this section] shall take effect as though included in the Legislative Branch Appropriations Act, 2005 [Pub. L. 108–447, div. G]."

§6629. Purchase, lease, exchange, maintenance, and operation of vehicles out of account for Sergeant at Arms and Doorkeeper of Senate within Senate contingent fund; authorization of appropriations

For each fiscal year (commencing with the fiscal year ending September 30, 1985) there is authorized to be appropriated to the account, within the contingent fund of the Senate, for the Sergeant at Arms and Doorkeeper of the Senate, such funds (which shall be in addition to funds authorized to be so appropriated for other purposes) as may be necessary for the purchase, lease, exchange, maintenance, and operation of vehicles as follows: one for the Vice President, one for the President pro tempore of the Senate, one for the Majority Leader of the Senate, one for the Minority Leader of the Senate, one for the Majority Whip of the Senate, one for the Minority Whip of the Senate, one for the attending physician, one as authorized by Senate Resolution 90 of the 100th Congress ¹ such number as is needed for carrying mails, and for official use of the offices of the Secretary of the Senate, the Sergeant at Arms and Doorkeeper of the Senate, the Secretary for the Majority, and the Secretary for the Minority, and such additional number as is otherwise specifically authorized by law.

(Pub. L. 99–88, title I, §192, Aug. 15, 1985, 99 Stat. 349; Pub. L. 100–202, §101(i) [title I, §3(a)], Dec. 22, 1987, 101 Stat. 1329–290, 1329-294.)

Editorial Notes

References in Text

Senate Resolution 90 of the 100th Congress, referred to in text, which was agreed to Jan. 28, 1987, provided in part for the Sergeant at Arms and Doorkeeper of the Senate to provide, by lease or purchase, and maintain an automobile for the former President pro tempore of the Senate.

Codification

Section was formerly classified to section 68–5 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Supplemental Appropriations Act, 1985.

Amendments

1987—Pub. L. 100–202 substituted "one for the attending physician, one as authorized by Senate Resolution 90 of the 100th Congress" for "and" and inserted ", and such additional number as is otherwise specifically authorized by law".

Statutory Notes and Related Subsidiaries

Effective Date of 1987 Amendment

Pub. L. 100–202, §101(i) [title I, §3(b)], Dec. 22, 1987, 101 Stat. 1329–290, 1329-294, provided that: "The amendments made by subsection (a) [amending this section] shall be effective in the case of fiscal years ending after September 30, 1986."

¹ So in original. Probably should be followed by a comma.

§6630. Disposal of used or surplus furniture and equipment by Sergeant at Arms and Doorkeeper of Senate; procedure; deposit of receipts

Effective October 1, 1981, the Sergeant at Arms and Doorkeeper of the Senate is authorized to dispose of used or surplus furniture and equipment by trade-in or by sale directly or through the General Services Administration. Receipts from the sale of such furniture and equipment shall be deposited in the United States Treasury for credit to the appropriation for "Miscellaneous Items" under the heading "Contingent Expenses of the Senate".

(Pub. L. 95–94, title I, §103, Aug. 5, 1977, 91 Stat. 660; Pub. L. 97–51, §118, Oct. 1, 1981, 95 Stat. 964.)

Editorial Notes

Codification

Section was formerly classified to section 59c and then to section 117b of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriation Act, 1978, which is title I of the Legislative Branch Appropriation Act, 1978.

Amendments

1981—Pub. L. 97–51 substituted "Effective October 1, 1981" for "Effective October 1, 1977" and struck out provisions requiring that all receipts from the sale of furniture and equipment, other than such furniture and equipment as was replaced in kind, be deposited in the United States Treasury as miscellaneous receipts.

§6631. Transfer of excess or surplus educationally useful equipment to public schools

(a) Authorization

The Sergeant at Arms and Doorkeeper of the Senate may directly, or through the General Services Administration, transfer title to excess or surplus educationally useful equipment to a public school. Any such transfer shall be completed at the lowest possible cost to the public school and the Senate.

(b) Regulations

The Committee on Rules and Administration of the Senate shall prescribe regulations to carry out the provisions of this section.

(c) Deposit of receipts

Receipts from reimbursements for the costs of transfer of excess or surplus educationally useful equipment under this section,¹ shall be deposited in the United States Treasury for credit to the account for the "Sergeant at Arms and Doorkeeper of the Senate" within the contingent fund of the Senate.

(d) Definitions

For the purposes of this section:

(1) The term "public school" means a ² elementary school or secondary school, as such terms are defined in section 7801 of title 20.

(2) The term "educationally useful equipment" means computers and related peripheral tools, including printers, modems, routers, servers, computer keyboards, scanners, and other telecommunications and research equipment, that are appropriate for use in public school education.

(e) Effective date

This section shall take effect beginning with fiscal year 1997 and shall be effective each fiscal year thereafter.

(Pub. L. 104–197, title I, §5, Sept. 16, 1996, 110 Stat. 2397; Pub. L. 107–110, title X, §1076(a), Jan. 8, 2002, 115 Stat. 2091; Pub. L. 114–95, title IX, §9215(yy), Dec. 10, 2015, 129 Stat. 2184.)

Editorial Notes

Codification

Section was formerly classified to section 117b–2 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriations Act, 1997, which is title I of the Legislative Branch Appropriations Act, 1997.

Amendments

2015—Subsec. (d)(1). Pub. L. 114–95 substituted "elementary school or secondary school, as such terms are defined in section 7801" for "public elementary or secondary school as such terms are defined in section 7801".

2002—Subsec. (d)(1). Pub. L. 107–110 substituted "7801" for "8801".

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.

¹ So in original. Comma probably should not appear.

² So in original. Probably should be "an".

§6632. Disposal of used or surplus automobiles and trucks by Sergeant at Arms and Doorkeeper of Senate; procedure; deposit of receipts

On and after October 1, 1982, the Sergeant at Arms and Doorkeeper of the Senate is authorized to dispose of used or surplus automobiles and trucks by trade-in or by sale through the General Services Administration. Receipts from the sale of such automobiles and trucks shall be deposited in the United States Treasury for credit to the appropriation for "Automobiles and Maintenance" under the heading "Contingent Expenses of the Senate".

(Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189.)

Editorial Notes

Codification

Section was formerly classified to section 117c of this title prior to editorial reclassification and renumbering as this section.

Section is based on section 102 of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in section 101(e) of Pub. L. 97–276, to be effective as if enacted into law.

§6633. Media support services

(a) Definitions

In this section, the terms "national committee" and "political party" have the meaning given such terms in section 30101 of title 52.

(b) In general

The official duties of employees of the Sergeant at Arms and Doorkeeper of the Senate under the Senate Daily Press Gallery, the Senate Periodical Press Gallery, the Senate Press Photographers Gallery, and the Senate Radio and Television Correspondents Gallery may include providing media support services with respect to the presidential nominating conventions of the national committees of political parties.

(c) Approval of Sergeant at Arms

The terms and conditions under which employees perform official duties under subsection (b) shall be subject to the approval of the Sergeant at Arms and Doorkeeper of the Senate.

(d) Effective date

This section shall apply to fiscal year 2008 and each fiscal year thereafter.

(Pub. L. 110–161, div. H, title I, §7, Dec. 26, 2007, 121 Stat. 2222.)

Editorial Notes

Codification

Section was formerly classified to section 61f–13 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.

§6634. Senate Hair Care Services

(a) Appointment and compensation of personnel

The Sergeant at Arms and Doorkeeper of the Senate is authorized to appoint and fix the compensation of such employees as may be necessary to operate Senate Hair Care Services.

(b) Establishment of revolving fund

There is established in the Treasury of the United States within the contingent fund of the Senate a revolving fund to be known as the Senate Hair Care Services Revolving Fund (hereafter in this section referred to as the "revolving fund").

(c) Deposit and availability of moneys

(1) All moneys received by Senate Hair Care Services from fees for services or from any other source shall be deposited in the revolving fund.

(2) Moneys in the revolving fund shall be available without fiscal year limitation for disbursement by the Secretary of the Senate—

(A) for the payment of salaries of employees of Senate Hair Care Services; and

(B) for necessary supplies, equipment, and other expenses of Senate Hair Care Services.

(3) The provisions of section 5104(c) of title 40, except for the provisions relating to solicitation, shall not apply to any activity carried out pursuant to this section, subject to approval of such activities by the Committee on Rules and Administration.

(3) ¹ Agency contributions for employees of Senate Hair Care Services shall be paid from the appropriations account for "Salaries, Officers and Employees".

(d) Disbursements upon vouchers

Disbursements from the revolving fund shall be made upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate, except that vouchers shall not be required for the disbursement of salaries paid at an annual rate.

(e) Excess moneys

At the direction of the Committee on Rules and Administration, the Secretary of the Senate shall withdraw from the revolving fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in the revolving fund that the Committee may determine are in excess of the current and reasonably foreseeable needs of Senate Hair Care Services.

(f) Regulations

The Sergeant at Arms and Doorkeeper of the Senate are authorized to prescribe such regulations as may be necessary to carry out the provisions of this section, subject to the approval of the Committee on Rules and Administration.

(g) Transfer of unobligated balances

There is transferred to the revolving fund established by this section any unobligated balance in the fund established by section 121a of this title on the effective date of this section.

(h) Omitted

(i) Effective date

This section shall be effective on and after October 1, 1998, or 30 days after the date of enactment of this Act [October 21, 1998], whichever is later.

(Pub. L. 105–275, title I, §6, Oct. 21, 1998, 112 Stat. 2434; Pub. L. 106–57, title I, §4, Sept. 29, 1999, 113 Stat. 412; Pub. L. 106–554, §1(a)(2) [title I, §3(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-96.)

Editorial Notes

References in Text

Section 121a of this title, referred to in subsec. (g), was repealed by Pub. L. 105–275, title I, §6(h)(1), Oct. 21, 1998, 112 Stat. 2434.

Codification

Section was formerly classified to section 121b–1 of this title prior to editorial reclassification and renumbering as this section.

Section is comprised of section 6 of Pub. L. 105–275. Subsec. (h) of section 6 of Pub. L. 105–275 amended section 10 of title I of Pub. L. 100–458, set out as a note below, and repealed section 121a of this title.

Section is from the Congressional Operations Appropriations Act, 1999, which is title I of the Legislative Branch Appropriations Act, 1999.

In subsec. (c), in the first par. (3), "section 5104(c) of title 40" substituted for "section 4 of the Act of July 31, 1946 (40 U.S.C. 193d)" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments

2000—Subsec. (c)(2)(A). Pub. L. 106–554, §1(a)(2) [title I, §3(a)(1)], struck out "and agency contributions" after "salaries".

Subsec. (c)(3). Pub. L. 106–554, §1(a)(2) [title I, §3(a)(2)], added par. (3) relating to agency contributions.

1999—Subsec. (c)(3). Pub. L. 106–57 added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–554, §1(a)(2) [title I, §3(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-96, provided that: "This section [amending this section] shall apply to pay periods beginning on or after October 1, 2000."

Senate Beauty Shop

Pub. L. 100–458, title I, §10, Oct. 1, 1988, 102 Stat. 2162, as amended by Pub. L. 105–275, title I, §6(h)(2), Oct. 21, 1998, 112 Stat. 2434, provided that:

"[(a) Repealed. Pub. L. 105–275, title I, §6(h)(2), Oct. 21, 1998, 112 Stat. 2434.]

"[(b) Amended former section 121a of this title.]

"(c) Any individual who, on the date of the enactment of this section [Oct. 1, 1988], is an employee of the Senate Building Beauty Shop and who, after having been employed by the Sergeant at Arms and Doorkeeper pursuant to subsection (a) of this section, attains 5 years of civilian service creditable under section 8411 of title 5, United States Code, other than service credited pursuant to subsection (d) of this section, may be credited under such section for any service as an employee of the Senate Building Beauty Shop prior to such date of enactment, if such employee makes a payment of the amount, determined by the Office of Personnel Management, that would have been deducted and withheld from the basic pay of such employee under section 8422 of title 5, United States Code, for such period so credited, together with interest thereon.

"(d) Notwithstanding any other provision of this section, any service performed by an individual in the Senate Building Beauty Shop prior to the date of the enactment of this section [Oct. 1, 1988] is deemed to be civilian service creditable under section 8411 of title 5, United States Code, for purposes of qualifying for survivor annuities and disability benefits under subchapters IV and V of chapter 84 of title 5, United States Code, if such individual—

"(1) on the date of the enactment of this Act, is an employee of the Senate Building Beauty Shop;

"(2) on or after the date of such enactment is employed by the Sergeant at Arms and Doorkeeper pursuant to subsection (a) of this section; and

"(3) payment is made of an amount, determined by the Office of Personnel Management, which would have been deducted and withheld from the basic pay of such employee under section 8422 of title 5, United States Code, for such period so credited, together with interest thereon.

"(e) The Office of Personnel Management shall accept the certification of the Secretary of the Senate concerning creditable service for the purpose of this section.

"(f) The foregoing provisions of this section shall take effect on October 1, 1988."

¹ So in original. Probably should be "(4)".

§6635. 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) 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 5104(c) 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.)

Editorial Notes

Codification

Section was formerly classified to section 121c of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriations Act, 1990, which is title I of the Legislative Branch Appropriations Act, 1990.

In subsec. (e), "section 5104(c) of title 40" substituted for "section 4 of the Act of July 31, 1946 (40 U.S.C. 193d)" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

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."

§6636. Senate Computer Center

(a) Senate Computer Center Revolving Fund

(1) There is hereby established in the Treasury of the United States a revolving fund within the contingent fund of the Senate to be known as the Senate Computer Center Revolving Fund (hereafter in this section referred to as the "revolving fund").

(2) The revolving fund shall be available only for paying the salaries of personnel employed under subsection (c), and agency contributions attributable thereto, and for paying refunds under contracts entered into under subsection (b).

(3) Within 90 days after the end of each fiscal year, the Secretary of the Senate shall withdraw all amounts in the revolving fund in excess of $100,000, other than amounts required to make refunds under subsection (b)(2)(B), and shall deposit the amounts withdrawn in the Treasury of the United States as miscellaneous receipts.

(b) Contracts for use of Senate computer; approval; terms

(1) Subject to the provisions of paragraph (2), the Sergeant at Arms and Doorkeeper of the Senate is authorized to enter into contracts with any agency or instrumentality of the legislative branch for the use of any available time on the Senate computer.

(2) No contract may be entered into under paragraph (1) unless it has been approved by the Committee on Rules and Administration of the Senate, and no such contract may extend beyond the end of the fiscal year in which it is entered into. Each contract entered into under paragraph (1) shall contain—

(A) a provision requiring full advance payment for the amount of time contracted for, and

(B) a provision requiring refund of a proportionate amount of such advance payment if the total amount of time contracted for is not used.

Notwithstanding any other provision of law, any agency or instrumentality of the legislative branch is authorized to make advance payments under a contract entered into under paragraph (1).

(c) Additional personnel

To the extent that the personnel of the Senate Computer Center are unable to carry out the contracts entered into under subsection (b) according to their terms and conditions, the Sergeant at Arms and Doorkeeper of the Senate is authorized to employ such additional personnel for the Senate Computer Center as may be necessary to carry out such contracts, and to pay the salaries of such additional personnel, and agency contributions attributable thereto, from the revolving fund. Such additional personnel may temporarily be assigned to perform the regular functions of the Senate Computer Center when their services are not needed to carry out such contracts.

(d) Disbursements

Disbursements from the revolving fund under subsections (b) and (c) shall be made upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate, except that vouchers shall not be required for the disbursement of salaries of employees paid at an annual rate.

(Pub. L. 94–303, title I, §116, June 1, 1976, 90 Stat. 614.)

Editorial Notes

Codification

Section was formerly classified to section 123d of this title prior to editorial reclassification and renumbering as this section.