1995 US Code
Title 2 - THE CONGRESS
CHAPTER 4 - OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF REPRESENTATIVES
Sec. 60e-1a - Withholding of State income tax by Clerk and Sergeant at Arms of House

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§60e–1a. Withholding of State income tax by Clerk and Sergeant at Arms of House (a) Agreement with proper State official; covered individuals

Until otherwise provided by law, the Clerk of the House of Representatives (hereinafter in this section and section 60e–1b of this title referred to as the “Clerk”) and the Sergeant at Arms of the House of Representatives (hereinafter in this section and section 60e–1b of this title referred to as the “Sergeant at Arms”) shall, in accordance with the provisions of subsections (b), (c), and (d) of this section enter into an agreement with any State, at the request for agreement from the proper State official. The agreement shall provide that—

(1) the Clerk, in the case of employees whose compensation is disbursed by the Clerk; and

(2) the Sergeant at Arms, in the case of Members of the House of Representatives;

shall withhold State income tax in the case of each Member and employee who is subject to such income tax and who voluntarily requests such withholding.

(b) Number of remittances authorized

Any agreement entered into under subsection (a) of this section shall not require the Clerk or the Sergeant at Arms to remit sums withheld pursuant to any such agreement more often than once each calendar quarter.

(c) Acceptance or disapproval of proposed agreement by Committee on House Administration

(1) The Clerk and the Sergeant at Arms shall, before entering into any agreement under subsection (a) of this section, transmit a statement with respect to the proposed agreement to the Committee on House Administration of the House of Representatives (hereinafter in this section and section 60e–1b of this title referred to as the “committee”). Such statement shall set forth a detailed description of the proposed agreement, together with any other information which the committee may require.

(2) If the committee does not disapprove, through appropriate action, any proposed agreement transmitted to the committee under paragraph (1) no later than ten legislative days after receiving such proposed agreement, then the Clerk or the Sergeant at Arms, as the case may be, may enter into such proposed agreement. The Clerk or the Sergeant at Arms, as the case may be, may not enter into any proposed agreement if such proposed agreement is disapproved by the committee under this paragraph.

(d) Number and effective date of requests for withholding; change of designated State; revocation of request

(1) A Member or employee may have in effect at any time only one request for withholding under subsection (a) of this section, and such Member or employee may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholding is effective on the first day of the month in which the request is processed by the Clerk or the Sergeant at Arms, but in no event later than on the first day of the first month beginning after the day on which such request is received by the Clerk or the Sergeant at Arms, except that—

(A) when the Clerk or the Sergeant at Arms first enters into an agreement with a State under subsection (a) of this section, a request for withholding shall be effective on such date as the Clerk or the Sergeant at Arms may determine;

(B) when an individual first receives an appointment as an employee, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment; and

(C) when an individual first becomes a Member, the request shall be effective on the day such individual takes the oath of office as a Member, if the individual makes the request at such time.

(2) A Member or employee may change the State designated by such Member or employee for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. A Member or employee also may revoke any request of such Member or employee for withholding. Any change in the State designated or revocation is effective on the first day of the month in which the request or the revocation is processed by the Clerk or the Sergeant at Arms, but in no event later than on the first day of the first month beginning after the day on which such request or revocation is received by the Clerk or the Sergeant at Arms.

(e) Provisions as not imposing duty, burden, requirement or penalty on United States, House, or any officer or employee of United States; effect of filing paper, form, or document with Clerk or Sergeant at Arms

This section and section 60e–1b of this title impose no duty, burden, or requirement upon the United States, the House of Representatives, or any officer or employee of the United States, except as specifically provided in this section and section 60e–1b of this title. Nothing in this section and section 60e–1b of this title shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the House of Representatives, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section and section 60e–1b of this title. Any paper, form, document, or any other item filed with, or submitted to, the Clerk or the Sergeant at Arms under this section and section 60e–1b of this title is considered to be a paper of the House of Representatives within the provisions of the Rules of the House of Representatives.

(Pub. L. 94–440, title II, §101, Oct. 1, 1976, 90 Stat. 1448.)

Codification

Section is based on section 1 of House Resolution No. 732, Ninety-fourth Congress, Nov. 4, 1975, which was enacted into permanent law by Pub. L. 94–440.

Change of Name

Committee on House Administration of House of Representatives treated as referring to Committee on House Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of this title.

Transfer of Functions

Certain functions of Clerk and Sergeant at Arms of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Cross References

Withholding of District of Columbia and State income taxes by Secretary of Senate, see section 60c–3 of this title.

Withholding of District of Columbia and State income taxes generally, see sections 5516 and 5517 of Title 5, Government Organization and Employees.

Withholding of State income taxes by Architect of Capitol, see section 166b–5 of Title 40, Public Buildings, Property, and Works.

Section Referred to in Other Sections

This section is referred to in section 60e–1b of this title.