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

Summary

When a State asks, the Chief Administrative Officer (CAO) of the House must make a written deal with that State so the CAO will withhold State income tax from any Member or employee who is subject to that tax and who asks for withholding. The CAO only has to send the money to the State at most once each calendar quarter. Before making the deal, the CAO must send a detailed explanation to the House Committee on House Administration. If the committee does not disapprove the deal within 10 legislative days, the CAO 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 the same calendar year. A request becomes effective on the first day of the month when the CAO processes it, and no later than the first day of the next month after the CAO gets it. Special rules let the CAO set the start date when first making a State deal, let new employees start withholding on their appointment day if they ask then, and let new Members start on the day they take the oath if they ask then. A person may change the State or stop withholding; changes take effect the same way as new requests. The law creates no extra legal duties or liabilities for the United States, the House, or its officers beyond what it says, and any forms sent to the CAO under this rule are treated as House papers.

Title 2, §4555

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(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