Title 2 — The Congress
Part B · Chapter 45 — Congressional Pay and Benefits
§ 4555. Withholding of State income tax by Chief Administrative Officer of House
Statutory text
Agreement with proper State official; covered individuals
Until otherwise provided by law, the Chief Administrative Officer of the House of Representatives shall, in accordance with subsections (b), (c), and (d) enter into an agreement with any State, at the request for agreement from the proper State official. The agreement shall provide that the Chief Administrative Officer 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.
Number of remittances authorized
Any agreement entered into under subsection (a) shall not require the Chief Administrative Officer to remit sums withheld pursuant to any such agreement more often than once each calendar quarter.
Acceptance or disapproval of proposed agreement by Committee on House Administration
The Chief Administrative Officer shall, before entering into any agreement under subsection (a), 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 4556 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.
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 Chief Administrative Officer may enter into such proposed agreement. The Chief Administrative Officer may not enter into any proposed agreement if such proposed agreement is disapproved by the committee under this paragraph.
Number and effective date of requests for withholding; change of designated State; revocation of request
A Member or employee may have in effect at any time only one request for withholding under subsection (a), 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 Chief Administrative Officer, 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 Chief Administrative Officer, except that—
when the Chief Administrative Officer first enters into an agreement with a State under subsection (a), a request for withholding shall be effective on such date as the Chief Administrative Officer may determine;
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
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.
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 Chief Administrative Officer, 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 Chief Administrative Officer.
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 Chief Administrative Officer
This section and section 4556 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 4556 of this title. Nothing in this section and section 4556 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 4556 of this title. Any paper, form, document, or any other item filed with, or submitted to, the Chief Administrative Officer under this section and section 4556 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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 94–440 title II § 101 · 90 Stat. 1439
Enacted · 2 U.S.C. § 4555
Pub. L. 94–440, title II, § 101, Oct. 1, 1976, 90 Stat. 1448
Source evidence
Code source credit
Pub. L. 94–440, title II, § 101, Oct. 1, 1976, 90 Stat. 1448Enacted provision · exact public law section
Sec. 101. (a) Effective October 1, 1976, section 105(d)(1) of the Legislative Branch Appropriation Act, 1968, as amended and modified, 2 USC 61–1. is amended by striking out “calendar year” each place it appears and inserting in lieu thereof “fiscal year”. (b) Subject to the provisions of section 105(d)(2) of the Legislative Branch Appropriation Act, 1968, as amended and modified, the amount of accrued surplus available to any Senator under section 105(d)(1) of such Act at the close of September 30, 1976, shall be available to that Senator during the period beginning on October 1, 1976, and ending on December 31, 1976, for the purposes of fixing the number and rates of compensation of employees in his office.House of Representatives Administrative Reform Technical Corrections Act
Pub. L. 104–186 § 204(4)(B) · 110 Stat. 1718
Substituted · 2 U.S.C. § 4555(a)
Pub. L. 104–186, § 204(4)(B), substituted “provide that the Chief Administrative Officer shall withhold” for “provide that—
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–186, § 204(4)(B), substituted “provide that the Chief Administrative Officer shall withhold” for “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”.
Enacted provision · exact public law section
(B) in the second sentence of subsection (a), by striking out “provide that—” and all that follows through “shall withhold” and inserting in lieu thereof “provide that the Chief Administrative Officer shall withhold”;House of Representatives Administrative Reform Technical Corrections Act
Pub. L. 104–186 § 204(4)(A) · 110 Stat. 1718
Substituted · 2 U.S.C. § 4555(a)
Pub. L. 104–186, § 204(4)(A), substituted “Chief Administrative Officer of the House of Representatives shall, in accordance with” for “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”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–186, § 204(4)(A), substituted “Chief Administrative Officer of the House of Representatives shall, in accordance with” for “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”.Enacted provision · exact public law section
(A) in the first sentence of subsection (a), by striking out “Clerk” the first place it appears and all that follows through “provisions of” and inserting in lieu thereof “Chief Administrative Officer of the House of Representatives shall, in accordance with”;House of Representatives Administrative Reform Technical Corrections Act
Pub. L. 104–186 § 204(4)(C) · 110 Stat. 1718
Substituted · 2 U.S.C. § 4555(b)
Pub. L. 104–186, § 204(4)(C), substituted “Chief Administrative Officer” for “Clerk or the Sergeant at Arms”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 104–186, § 204(4)(C), substituted “Chief Administrative Officer” for “Clerk or the Sergeant at Arms”.Enacted provision · exact public law section
(C) in subsection (b), by striking out “Clerk or the Sergeant at Arms” and inserting in lieu thereof “Chief Administrative Officer”;House of Representatives Administrative Reform Technical Corrections Act
Pub. L. 104–186 § 204(4)(D) · 110 Stat. 1718
Substituted · 2 U.S.C. § 4555(c)(1)
Pub. L. 104–186, § 204(4)(D), substituted “Chief Administrative Officer” for “Clerk and the Sergeant at Arms”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 104–186, § 204(4)(D), substituted “Chief Administrative Officer” for “Clerk and the Sergeant at Arms”.Enacted provision · exact public law section
(D) in subsection (c)(1), by striking out “Clerk and the Sergeant at Arms” and inserting in lieu thereof “Chief Administrative Officer”;House of Representatives Administrative Reform Technical Corrections Act
Pub. L. 104–186 § 204(4)(E) · 110 Stat. 1718
Substituted · 2 U.S.C. § 4555(c)(2)
Pub. L. 104–186, § 204(4)(E), substituted “Chief Administrative Officer” for “Clerk or the Sergeant at Arms, as the case may be,” in two places
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 104–186, § 204(4)(E), substituted “Chief Administrative Officer” for “Clerk or the Sergeant at Arms, as the case may be,” in two places.Enacted provision · exact public law section
(E) in subsection (c)(2), by striking out “Clerk or the Sergeant at Arms, as the case may be,” each place it appears and inserting in lieu thereof “Chief Administrative Officer”; andHouse of Representatives Administrative Reform Technical Corrections Act
Pub. L. 104–186 § 204(4)(F) · 110 Stat. 1718
Substituted · 2 U.S.C. § 4555(d); 2 U.S.C. § 4555(e)
Pub. L. 104–186, § 204(4)(F), substituted “Chief Administrative Officer” for “Clerk or the Sergeant at Arms” wherever appearing
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 104–186, § 204(4)(F), substituted “Chief Administrative Officer” for “Clerk or the Sergeant at Arms” wherever appearing.Enacted provision · exact public law section
(F) in subsections (d) and (e), by striking out “Clerk or the Sergeant at Arms” each place it appears and inserting in lieu thereof “Chief Administrative Officer”.
7 of 7 references resolved to an enrolled provision
Editorial Notes
Codification
Section was formerly classified to section 60e–1a of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
Section is based on section 1 of House Resolution No. 732, Ninety-fourth Congress, , which was enacted into permanent law by Pub. L. 94–440.
Amendments
1996—Subsec. (a). Pub. L. 104–186, § 204(4)(B), substituted “provide that the Chief Administrative Officer shall withhold” for “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”.
Pub. L. 104–186, § 204(4)(A), substituted “Chief Administrative Officer of the House of Representatives shall, in accordance with” for “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”.
Subsec. (b). Pub. L. 104–186, § 204(4)(C), substituted “Chief Administrative Officer” for “Clerk or the Sergeant at Arms”.
Subsec. (c)(1). Pub. L. 104–186, § 204(4)(D), substituted “Chief Administrative Officer” for “Clerk and the Sergeant at Arms”.
Subsec. (c)(2). Pub. L. 104–186, § 204(4)(E), substituted “Chief Administrative Officer” for “Clerk or the Sergeant at Arms, as the case may be,” in two places.
Subsecs. (d), (e). Pub. L. 104–186, § 204(4)(F), substituted “Chief Administrative Officer” for “Clerk or the Sergeant at Arms” wherever appearing.
Credits
1976–1996 · 2 acts
- 1976Pub. L. 94–440, title II, § 101, , 90 Stat. 1448
- 1996Pub. L. 104–186, title II, § 204(4), , 110 Stat. 1730.
Show as published
(Pub. L. 94–440, title II, § 101, , 90 Stat. 1448; Pub. L. 104–186, title II, § 204(4), , 110 Stat. 1730.)