Appointment of professional members; number; qualifications; termination of employment
Each standing committee of the Senate (other than the Committee on Appropriations) is authorized to appoint, by majority vote of the committee, not more than six professional staff members in addition to the clerical staffs. Such professional staff members shall be assigned to the chairman and the ranking minority member of such committee as the committee may deem advisable, except that whenever a majority of the minority members of such committee so request, two of such professional staff members may be selected for appointment by majority vote of the minority members and the committee shall appoint any staff members so selected. A staff member or members appointed pursuant to a request by the minority members of the committee shall be assigned to such committee business as such minority members deem advisable. Services of professional staff members appointed by majority vote of the committee may be terminated by a majority vote of the committee and services of professional staff members appointed pursuant to a request by the minority members of the committee shall be terminated by the committee when a majority of such minority members so request. Professional staff members authorized by this subsection shall be appointed on a permanent basis, without regard to political affiliation, and solely on the basis of fitness to perform the duties of their respective positions. Such professional staff members shall not engage in any work other than committee business and no other duties may be assigned to them.
Professional members for Committee on Appropriations; examinations of executive agencies’ operation
Subject to appropriations which it shall be in order to include in appropriation bills, the Committee on Appropriations of each House is authorized to appoint such staff, in addition to the clerk thereof and assistants for the minority, as each such committee, by a majority vote, shall determine to be necessary, such personnel, other than the minority assistants, to possess such qualifications as the committees respectively may prescribe, and the Committee on Appropriations of the House also is authorized to conduct studies and examinations of the organization and operation of any executive agency (including any agency the majority of the stock of which is owned by the Government of the United States) as it may deem necessary to assist it in connection with the determination of matters within its jurisdiction and in accordance with procedures authorized by the committee by a majority vote, including the rights and powers conferred by House Resolution Numbered 50, adopted .
Clerical employees; appointment; number; duties; termination of employment
The clerical staff of each standing committee of the Senate (other than the Committee on Appropriations), which shall be appointed by a majority vote of the committee, shall consist of not more than six clerks to be attached to the office of the chairman, to the ranking minority member, and to the professional staff, as the committee may deem advisable, except that whenever a majority of the minority members of such committee so requests, one of the members of the clerical staff may be selected for appointment by majority vote of such minority members and the committee shall appoint any staff member so selected. The clerical staff shall handle committee correspondence and stenographic work, both for the committee staff and for the chairman and ranking minority member on matters related to committee work, except that if a member of the clerical staff is appointed pursuant to a request by the minority members of the committee, such clerical staff member shall handle committee correspondence and stenographic work for the minority members of the committee and for any members of the committee staff appointed under subsection (a) pursuant to request by such minority members, on matters related to committee work. Services of clerical staff members appointed by majority vote of the committee may be terminated by majority vote of the committee and services of clerical staff members appointed pursuant to a request by the minority members of the committee shall be terminated by the committee when a majority of such minority members so request.
Recordation of committee hearings, data, etc.; access to records
All committee hearings, records, data, charts, and files shall be kept separate and distinct from the congressional office records of the Member serving as chairman of the committee; and such records shall be the property of the Congress and all members of the committee and the respective Houses shall have access to such records. Each committee is authorized to have printed and bound such testimony and other data presented at hearings held by the committee.
Pub. L. 91–510, title IV, § 477(a)(3)84 Stat. 1195 Repealed. , ,
Limitations on appointment of professional members
No committee shall appoint to its staff any experts or other personnel detailed or assigned from any department or agency of the Government, except with the written permission of the Committee on Rules and Administration of the Senate or the Committee on House Oversight of the House of Representatives, as the case may be.
Appointments when no vacancy exists; payment from Senate contingent fund
Salary rates, assignment of facilities, and accessibility of committee records for minority staff appointees
Staff members appointed pursuant to a request by minority members of a committee under subsection (a) or subsection (c), and staff members appointed to assist minority members of subcommittees pursuant to authority of Senate resolution, shall be accorded equitable treatment with respect to the fixing of salary rates, the assignment of facilities, and the accessibility of committee records.
Consultants for Senate and House standing committees; procurement of temporary or intermittent services; contracts; advertisement requirements inapplicable; selection method; qualifications report to Congressional committees
Specialized training for professional staffs of Senate and House standing committees, Senate Appropriations Committee, Senate Majority and Minority Policy Committees, and joint committees whose funding is disbursed by Secretary of Senate or Chief Administrative Officer of House; assistance: pay, tuition, etc. while training; continued employment agreement; service credit: retirement, life insurance and health insurance
Aug. 2, 1946, ch. 75360 Stat. 834July 30, 1947, ch. 36161 Stat. 611Feb. 24, 1949, ch. 863 Stat. 6Aug. 5, 1955, ch. 568, § 1269 Stat. 509Pub. L. 85–462, § 4o72 Stat. 209Pub. L. 88–426, title II, § 202(j)78 Stat. 414Pub. L. 91–510, title III84 Stat. 1175Pub. L. 92–136, § 585 Stat. 378Pub. L. 100–458, title III, § 312102 Stat. 2184Pub. L. 104–186, title II, § 204(10)110 Stat. 1731Pub. L. 105–55, title I, § 105(a)111 Stat. 1184(, title II, § 202, ; , title I, § 101, ; , ; , ; (), , ; , , ; , §§ 301(a)–(c), 303, 304, title IV, § 477(a)(3), , , 1176, 1179, 1180, 1195; , , ; , , ; , (11), , ; , , .)
Editorial Notes
Codification
section 72a of this titleSection was formerly classified to prior to editorial reclassification and renumbering as this section.
section 6101 of title 4141 U.S.C. 5Pub. L. 111–350, § 6(c)124 Stat. 3854In subsec. (i)(2), “” substituted for “section 3709 of the Revised Statutes ()” on authority of , , , which Act enacted Title 41, Public Contracts.
A former subsec. (k) authorized additional professional staff members and clerical employees for specific House committees. Committee staffs are now covered by the Rules of the House of Representatives. Former subsec. (k) was based on the following House resolutions which were enacted into permanent law:
act June 22, 1949, ch. 235, § 10563 Stat. 230act Oct. 11, 1951, ch. 485, § 10565 Stat. 403Subsec. (k)(1) was based on House Resolution No. 172 of the Eighty-first Congress, which was enacted into permanent law by , , and House Resolution No. 464 of the Eighty-first Congress, which was enacted into permanent law by , .
act Oct. 11, 1951, ch. 485, § 10565 Stat. 403Pub. L. 88–454, § 10378 Stat. 550Pub. L. 89–90, § 10379 Stat. 281Pub. L. 89–545, § 10380 Stat. 369Subsec. (k)(2) was based on House Resolution No. 37 of the Eighty-second Congress, which was enacted into permanent law by , , House Resolution No. 393 of the Eighty-eighth Congress, which was enacted into permanent law by , , , House Resolution No. 248 of the Eighty-ninth Congress, which was enacted into permanent law by , , , and House Resolution No. 640 of the Eighty-ninth Congress, which was enacted into permanent law by , , .
act July 2, 1954, ch. 455, § 10368 Stat. 409act June 27, 1956, ch. 453, § 10370 Stat. 370Pub. L. 85–75, § 10371 Stat. 256Pub. L. 85–570, § 10372 Stat. 453Pub. L. 87–730, § 10376 Stat. 693Subsec. (k)(3) was based on House Resolution No. 554 of the Eighty-third Congress, which was enacted into permanent law by , , House Resolution No. 468 of the Eighty-fourth Congress, which was enacted into permanent law by , , House Resolution No. 126 of the Eighty-fifth Congress, which was enacted into permanent law by , , , House Resolution No. 525 of the Eighty-fifth Congress, which was enacted into permanent law by , , , and House Resolution No. 509 of the Eighty-seventh Congress, which was enacted into permanent law by , , .
Pub. L. 85–75, § 10371 Stat. 256Pub. L. 87–730, § 10376 Stat. 693Subsec. (k)(4) was based on House Resolution No. 28 of the Eighty-fifth Congress, which was enacted into permanent law by , , , and section 2 of House Resolution No. 348 of the Eighty-seventh Congress, which was enacted into permanent law by , , .
Pub. L. 85–570, § 10372 Stat. 453Pub. L. 88–248, § 10377 Stat. 817Subsec. (k)(5) was based on House Resolution No. 239 of the Eighty-fifth Congress, which was enacted into permanent law by , , , and House Resolution No. 225 of the Eighty-eighth Congress, which was enacted into permanent law by , , .
Amendments
Pub. L. 105–55Pub. L. 104–186, § 204(11)1997—Subsec. (j)(1). amended directory language of . See 1996 Amendment note below.
Pub. L. 104–186, § 204(10)(A)1996—Subsec. (f). , substituted “House Oversight” for “House Administration”.
Pub. L. 104–186, § 204(10)Subsec. (i)(1). , substituted “House Oversight” for “House Administration”, “contingent fund of the Senate or the applicable accounts of the House of Representatives pursuant to resolutions which, in the case of the Senate,” for “contingent funds of the respective Houses pursuant to resolutions, which”, and “the appropriate House” for “such respective Houses”.
Pub. L. 104–186, § 204(10)(A)Subsec. (i)(3). , substituted “House Oversight” for “House Administration”.
Pub. L. 104–186, § 204(11)Pub. L. 105–55, § 105(a)Subsec. (j)(1). , as amended by , substituted “committee involved in the case of standing committees of the House of Representatives, and within the limits of funds made available from the contingent fund of the Senate or the applicable accounts of the House of Representatives pursuant to resolutions, which, in the case of the Senate, shall specify the maximum amounts which may be used for such purpose, approved by the appropriate House” for “Committee on House Administration in the case of standing committees of the House of Representatives, and within the limits of funds made available from the contingent funds of the respective Houses pursuant to resolutions, which shall specify the maximum amounts which may be used for such purpose, approved by such respective Houses” and “Chief Administrative Officer of the House of Representatives” for “Clerk of the House”.
Pub. L. 100–4581988—Subsec. (i)(1). inserted “or with respect to the administration of the affairs of the committee” before period at end.
Pub. L. 92–136, § 5(a)1971—Subsec. (g). , permitted a clerical staff member, appointed at the request of the minority when no vacancy exists on the permanent staff, to continue to serve, in addition to any other clerical staff members authorized, and until otherwise provided, to continue to be paid from the contingent fund of the Senate, thereby eliminating the requirement, in the case of a clerical staff member, that this status continue until such time as a vacancy occurs, at which time such person is considered to be appointed to such vacancy.
Pub. L. 92–136, § 5(b)Subsec. (j)(1). , authorized the same training opportunities for professional staff members of the Senate Appropriations Committee, the Senate Majority and Minority Policy Committees and joint committees whose expenses are paid out of funds disbursed by the Secretary of the Senate or the Clerk of the House, as are afforded to professional staff members of standing committees.
Pub. L. 91–510, § 301(a)1970—Subsec. (a). , restricted the provisions to standing committees of the Senate, deleting “and the House of Representatives” after “Senate”, increased numerical limitation of professional staff members from four to six, provided for appointment of two staff members by majority vote of minority members of a committee whenever majority of minority members so request and assignment of such appointees to such committee business as the minority members deem advisable, and substituted provision for termination of services of staff members appointed by majority vote of the committee and services of members appointed pursuant to request of minority members of the committee by the committee when majority of such minority members so request for prior termination provision by majority vote of the committee.
Pub. L. 91–510, § 301(b)Subsec. (c). , inserted “of the Senate (other than the Committee on Appropriations)” after “each standing committee”, provided for appointment of one clerical staff member by majority vote of minority members of a committee whenever majority of minority members so request and handling by such appointee of committee correspondence and stenographic work for minority members of the committee and for any members of the committee staff appointed under subsec. (a) of this section pursuant to request by the minority members, on matters related to committee work, and for termination of services of clerical staff members appointed by majority vote of the committee and services of members appointed pursuant to request of minority members of the committee by the committee when majority of such minority members so request.
Pub. L. 91–510, § 477(a)(3)Subsec. (e). , repealed provisions prescribing basic annual compensation of professional staff members and clerical staff members of standing committees and limiting such compensation, together with additional compensation authorized by law, to maximum amount authorized by Classification Act of 1949.
Pub. L. 91–510, § 301(c)Subsec. (g). , added subsec. (g).
Pub. L. 91–510, § 301(c)act July 1, 1946, ch. 53060 Stat. 386Subsec. (h). , added subsec. (h) and struck out former provisions which related to employees of House and Senate Appropriation Committees through fiscal year 1947, all other committee employees through , and appropriations for compensation of committee employees as contained in Legislative Branch Appropriation Act, 1947, , .
Pub. L. 91–510, § 303Subsec. (i). , added subsec. (i).
Pub. L. 91–510, § 304Subsec. (j). , added subsec. (j).
Pub. L. 88–4261964—Subsec. (e). increased maximum basic annual compensation to professional staff members and clerical staff from $8,880 to highest amount which, together with additional compensation authorized by law, will not exceed maximum rate authorized by Classification Act of 1949, as amended.
Pub. L. 85–4621958—Subsec. (e). substituted “$8,880” for “$8,820” in two places.
1955—Subsec. (e). Act , increased maximum basic annual compensation of professional staff and clerical staff from $8,000 to $8,820.
1949—Subsec. (g). Act , struck out subsec. (g) which declared any individual employed as a professional staff member of any committee as provided in this section ineligible for appointment to any office or position in the executive branch for a period of one year after ceasing to be such a member.
1947—Subsec. (e). Act , omitted figure $2,000 as lowest salary to be paid clerks.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, .
Effective Date of 1997 Amendment
Pub. L. 105–55, title I, § 105(b)111 Stat. 1184
Effective Date of 1971 Amendment
Pub. L. 92–136section 9(a) of Pub. L. 92–136section 190d of this titleAmendment by effective as of noon on , see , set out as a note under .
Effective Date of 1970 Amendment
Pub. L. 91–510, title VI, § 60184 Stat. 1204
“The foregoing provisions of this Act [see Tables for classification] shall take effect as follows:
Effective Date of 1964 Amendment
Pub. L. 88–426section 501(c) of Pub. L. 88–426section 501 of Pub. L. 88–426Amendment by effective first day of first pay period which begins on or after , except to the extent provided in , see .
Effective Date of 1958 Amendment
Pub. L. 85–462section 17(a) of Pub. L. 85–462Amendment by effective first day of first pay period which began on or after , see .
Effective Date of 1955 Amendment
Amendment by act , effective , see section 14 of that act.
Effective Date
Act Aug. 2, 1946, ch. 753, title II, § 24560 Stat. 839
Short Title
Pub. L. 91–510, § 184 Stat. 1140Pub. L. 91–510, , , provided that [see Tables for classification] may be cited as the “Legislative Reorganization Act of 1970.”
Act Aug. 2, 1946, ch. 753, § 1(a)60 Stat. 812, , provided that such Act [see Tables for classification] may be cited as the “Legislative Reorganization Act of 1946.”
Partial Repeal
Section 2(a) of S. Res. 274, Ninety-sixth Congress, , provided in part that, until otherwise provided by law or resolution of the Senate, the provisions of subsections (a) through (h) of this section shall not apply to committees of the Senate.
Abolition of Additional Clerical Staff Positions
Section 2(d) of Senate Resolution 281, Ninety-sixth Congress, approved , provided that effective , the additional clerical staff positions established by subsection (g) of this section (as in effect for committees of the Senate prior to ) are abolished.
Travel for Studies and Examinations of Executive Agencies
Pub. L. 104–53, title I, § 105109 Stat. 521
Staff Members; Reduction in Number; Selection for Minority Members
Pub. L. 91–510, title III, § 301(d)84 Stat. 1177
Professional Staffs; Increase in Number
Pub. L. 91–510, title III, § 301(e)84 Stat. 1177
Increases in Compensation
Pub. L. 90–206Pub. L. 91–656Pub. L. 100–202section 4571 of this titleIncreases in compensation for Senate and House officers and employees under authority of Federal Salary Act of 1967 (), Federal Pay Comparability Act of 1970 (), and Legislative Branch Appropriations Act, 1988 (), see sections 4531, 4532, and 4571 of this title, Salary Directives of President pro tempore of the Senate set out as notes under , and Salary Directives of Speaker of the House set out as notes under sections 4531 and 4532 of this title.
Reorganization of Committees and Personnel
Act Aug. 2, 1946, ch. 753, title I60 Stat. 814section 5101 of this title, §§ 102, 121, , 822, in amending Rule XXV of the Standing Rules of the Senate, and Rules X and XI of the Rules of the House of Representatives, reorganized the standing committees in the two Houses, and re-defined the jurisdiction of each such committee. The number of standing committees of the Senate was reduced from 33 to 13, and the number of such committees in the House of Representatives was reduced from 48 to 19. Section 142 of act , provided that sections 102 and 121 thereof should take effect on . For provisions of act , relating to appointment and compensation of clerical staffs of the revised committees and other personnel thereof, and retention of employees of existing committees, see this section and .
Office of Senate Security
S. Res. 243, One Hundredth Congress, , provided: “That (a) there is established, within the Office of the Secretary of the Senate (hereinafter referred to as the ‘Secretary’), the Office of Senate Security (hereinafter referred to as the ‘Office’), which shall be headed by a Director of Senate Security (hereinafter referred to as the ‘Director’). The Office shall be under the policy direction of the Majority and Minority Leaders of the Senate, and shall be under the administrative direction and supervision of the Secretary.
“(b)(1) The Director shall be appointed by the Secretary after consultation with the Majority and Minority Leaders. The Secretary shall fix the compensation of the Director. Any appointment under this subsection shall be made solely on the basis of fitness to perform the duties of the position and without regard to political affiliation.
“(2) The Director, with the approval of the Secretary, and after consultation with the Chairman and Ranking Member of the Committee on Rules and Administration of the Senate, may establish such policies and procedures as may be necessary to carry out the provisions of this resolution. Commencing one year from the effective date of this resolution, the Director shall submit an annual report to the Majority and Minority Leaders and the Chairman and Ranking Member of the Committee on Rules and Administration on the status of security matters and the handling of classified information in the Senate, and the progress of the Office in achieving the mandates of this resolution.
Sec“. 2. (a) The Secretary shall appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this resolution. The Director, with the approval of the Secretary, shall prescribe the duties and responsibilities of such personnel. If a Director is not appointed, the Office shall be headed by an Acting Director. The Secretary shall appoint and fix the compensation of the Acting Director.
“(b) The Majority and Minority Leaders of the Senate may each designate a Majority staff assistant and a Minority staff assistant to serve as their liaisons to the Office. Upon such designation, the Secretary shall appoint and fix the compensation of the Majority and Minority liaison assistants.
Sec“. 3. (a) The Office is authorized, and shall have the responsibility, to develop, establish, and carry out policies and procedures with respect to such matters as:
“(1) the receipt, control, transmission, storage, destruction or other handling of classified information addressed to the United States Senate, the President of the Senate, or Members and employees of the Senate;
“(2) the processing of security clearance requests and renewals for officers and employees of the Senate;
“(3) establishing and maintaining a current and centralized record of security clearances held by officers and employees of the Senate, and developing recommendations for reducing the number of clearances held by such employees;
“(4) consulting and presenting briefings on security matters and the handling of classified information for the benefit of Members and employees of the Senate;
“(5) maintaining an active liaison on behalf of the Senate, or any committee thereof, with all departments and agencies of the United States on security matters; and
“(6) conducting periodic review of the practices and procedures employed by all offices of the Senate for the handling of classified information.
“(b) Within 180 days after the Director takes office, he shall develop, after consultation with the Secretary, a Senate Security Manual, to be printed and distributed to all Senate offices. The Senate Security Manual will prescribe the policies and procedures of the Office, and set forth regulations for all other Senate offices for the handling of classified information.
“(c) Within 90 days after taking office, the Director shall conduct a survey to determine the number of officers and employees of the Senate that have security clearances and report the findings of the survey to the Majority and Minority Leaders and Secretary of the Senate together with recommendations regarding the feasibility of reducing the number of employees with such clearances.
“(d) The Office shall have authority—
“(1) to provide appropriate facilities in the United States Capitol for hearings of committees of the Senate at which restricted data or other classified information is to be presented or discussed;
“(2) to establish and operate a central repository in the United States Capitol for the safeguarding of classified information for which the Office is responsible; which shall include the classified records, transcripts, and materials of all closed sessions of the Senate; and
“(3) to administer and maintain oaths of secrecy under paragraph (2) of rule XXIX of the Standing Rules of the Senate and to establish such procedures as may be necessary to implement the provisions of such paragraph.
Sec“. 4. Funds appropriated for the fiscal year 1987 which would be available to carry out the purposes of the Interim Office of Senate Security but for the termination of such Office shall be available for the Office of Senate Security.
Sec“. 5. (a) All records, documents, data, materials, rooms, and facilities in the custody of the Interim Office of Senate Security at the time of its termination on , are transferred to the Office established by subsection (a) of the first section of this resolution.
“(b) This resolution shall take effect on .”
S. Res. 229, One Hundredth Congress, , established within the Office of the Secretary of the Senate an Interim Office of Senate Security with the same duties, functions, personnel, rooms, and facilities as the former Office of Classified National Security Information.
Authorization of Appropriations
Act Aug. 2, 1946, ch. 753, title II, § 24460 Stat. 839