§4555 — Title 2 The Congress | U.S. Code

Summary

The Chief Administrative Officer of the House must sign an agreement with any State that asks so the Officer can withhold that State’s income tax from Members and employees who are subject to the tax and who ask for the withholding. The Officer does not have to send the money to the State more often than once each calendar quarter. Before making an agreement, the Officer must send details to the House Committee on House Administration. If the committee does not reject the plan within 10 legislative days, the Officer may go ahead. A Member or employee may have only one active withholding request at a time and no more than two different-State requests in a year. Requests take effect the first day of the month when the Officer processes them, but no later than the first day of the month after the Officer receives them, with special same-day rules for new hires or newly sworn Members and for the first agreement with a State. Changes or cancellations follow the same timing. Nothing here creates extra duties or penalties for the United States, the House, or its officers beyond what is written. Papers filed under these rules count as House papers under House rules.

Title 2, §4555

The Congress — Source: USLM XML via OLRC

(a)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.

(b)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.

(c)(1)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.

(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 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.

(d)(1)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—

(A)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;

(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 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.

(e)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.

Notes & Related Subsidiaries

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, Nov. 4, 1975, 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.

§4555 Withholding of State income tax by Chief Administrative Officer of House

Summary

Title 2, §4555

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata