305.20-1 § 123c-1. Computer programming services, advance payments. Notwithstanding any other provision of law, the Sergeant at Arms and Doorkeeper of the Senate, subject to the approval of the Committee on Rules and Administration, is on and after July 6, 1981, authorized to enter into contracts which provide for the making of advance payments for computer programming services. (Pub. L. 97–20, July 6, 1981, 95 Stat. 104.) 305.21 §123d. Senate Computer Center. (a) Senate Computer Center Revolving Fund (1) There is hereby established in the Treasury of the United States a revolving fund within the contingent fund of the Senate to be known as the Senate Computer Center Revolving Fund (hereafter in this section referred to as the "revolving fund”). (2) The revolving fund shall be available only for paying the salaries of personnel employed under subsection (c) of this section, and agency contributions attributable thereto, and for paying refunds under contracts entered into under subsection (b) of this section. (3) Within 90 days after the end of each fiscal year, the Secretary of the Senate shall withdraw all amounts in the revolving fund in excess of $100,000, other than amounts required to make refunds under subsection (b)(2)(B) of this section, and shall deposit the amounts withdrawn in the Treasury of the United States as miscellaneous receipts. (b) Contracts for use of Senate computer; approval; terms (1) Subject to the provisions of paragraph (2), the Sergeant at Arms and Doorkeeper of the Senate is authorized to enter into contracts with any agency or instrumentality of the legislative branch for the use of any available time on the Senate computer. (2) No contract may be entered into under paragraph (1) unless it has been approved by the Committee on Rules and Administration of the Senate, and no such contract may extend beyond the end of the fiscal year in which it is entered into. Each contract entered into under paragraph (1) shall contain (A) a provision requiring full advance payment for the amount of time contracted for, and (B) a provision requiring reftmd of a proportionate amount of such advance payment if the total amount of time contracted for is not used. Notwithstanding any other provision of law, any agency or instrumentality of the legislative branch is authorized to make advance payments under a contract entered into under paragraph (1). (c) Additional personnel To the extent that the personnel of the Senate Computer Center are unable to carry out the contracts entered into under subsection (b) of this section according to their terms and conditions, the Sergeant at Arms and Doorkeeper of the Senate is authorized to employ such additional personnel for the Senate Computer Center as may be necessary to carry out such contracts, and to pay the salaries of such additional personnel, and agency contributions attributable thereto, from the revolving fund. Such additional personnel may temporarily be assigned to perform the regular functions of the Senate Computer Center when their services are not needed to carry out such contracts. (d) Disbursements Disbursements from the revolving fimd under subsections (b) and (c) of this section shall be made upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate, except that vouchers shall not be required for the disbursement of salaries of employees paid at an annual rate. (June 1, 1976, Pub. L. 94-303, Title I, §116, 90 Stat. 614.) § 123e. Senate legislative information system. (a) Development and implementation by Secretary of Senate (b) Cooperative effort In carrying out this section, the Secretary of the Senate shall consult and work with officers and employees of the House of Representatives. Legislative branch agencies and departments and agencies of the executive branch shall provide cooperation, consultation, and assistance as requested by the Secretary of the Senate to carry out this section. (c) Funding Any funds that were appropriated under the heading "Secretary of the Senate" for expenses of the Office of the Secretary of the Senate by the Legislative Branch Appropriations Act, 1995, to remain available until September 30, 1998, and that the Secretary determines are not needed for development of a financial management system for the Senate may, with the approval of the Committee on Appropriations of the Senate, be used to carry out the provisions of this section, and such funds shall be available through September 30, 2000. (d) Regulations The Committee on Rules and Administration of the Senate may prescribe such regulations as may be necessary to carry out the provisions of this section. (e) Effective date This section shall be effective for fiscal years beginning on or after October 1, 1996. (Pub. L. 104-197, Title I, §8, Sept. 16, 1996, 110 Stat. 2398.) § 125a. Death gratuity payments as gifts. Any death gratuity payment at any time specifically appropriated by any Act of Congress or at any time made out of the applicable accounts of the House of Representatives or the contingent fund of the Senate shall be held to have been a gift. (June 5, 1952, ch. 369, Ch. I, 66 Stat. 101; Pub. L. 104–186, Title II, § 203(6), Aug. 20, 1996, 110 Stat. 1725.) 305.22 306 307.1 §126-2. Designation of reporters. The reporters of debates in the office of the Secretary of the Senate are hereby designated the official reporters of debates of the Senate. (Pub. L. 89-545, § 101, Aug. 27, 1966, 80 Stat. 354.) 307.2 §126b. Substitute reporters of debates and expert transcribers, temporary reporters of debates and expert transcribers; payments from Senate contingent fund. The Secretary of the Senate is on and after June 5, 1981, authorized to employ, by contract or otherwise, substitute reporters of debates and expert transcribers at daily rates of compensation, or temporary reporters of debates and expert transcribers at annual rates of compensation; no temporary reporters of debates or expert transcribers may be employed under authority of this provision for more than ninety days in any fiscal year; and payments made under authority of this section shall be made from the contingent fund of the Senate upon vouchers approved by the Secretary of the Senate. (Pub. L. 89–90, § 101, July 27, 1965, 79 Stat. 266; June 5, 1981, Pub. L. 97-12, §105, 95 Stat. 61.) 310 $130a. Nonpay status for Congressional employees studying under Congressional staff fellowships. (a) With respect to each employee of the Senate or House of Representatives (1) whose compensation is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, and (2) who, on or after January 1, 1963 shall have been separated from employment with the Senate or House of Representatives in order to pursue certain studies under a congressional staff fellowship awarded by the American Political Science Association, the period of time covered by such fellowship shall be held and considered to be service (in a nonpay status) in employment with the Senate or House of Representatives, as the case may be, at the rate of compensation received immediately prior to separation (including any increases in compensation provided by law during the period covered by such fellowship) for the purposes of the provisions of law specified in subsection (b) of this section, if the award of such fellowship to such employee is certified to the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate, by the appointing authority concerned or, in the event of the death or disability of such appointing authority, is established to the satisfaction of the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives by records or other evidence. (b) The provisions of law referred to in subsection (a) of this section are (1) subchapter III (relating to civil service retirement) of chapter 83 of title 5; (2) chapter 87 (relating to Federal employees group life insurance) of title 5; and (3) chapter 89 (relating to Federal employees group health insurance) of title 5. (Pub. L. 89-379, Mar. 30, 1966, 80 Stat. 94; Pub. L. 104-186, Title II, § 204(73), Aug. 20, 1996, 110 Stat. 1741.) § 130b. Jury and witness service by employees of the Senate and 311 the House. (a) For purposes of this section (1) "employee" means any individual whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives; and (2) "court of the United States" has the meaning given it by section 451 of title 28, and includes the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands. (b) The pay of an employee shall not be reduced during a period of absence with respect to which the employee is summoned (and permitted to respond to such summons by the appropriate authority of the House of the Congress disbursing his pay), in connection with a judicial proceeding by a court or authority responsible for the conduct of that proceeding, to serve (1) as a juror; or (2) other than as provided in subsection (c) of this section, as a witness on behalf of any party in connection with any judicial proceeding to which the United States, the District of Columbia, or a State or local government is a party; in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico, the Canal Zone, or the Trust Territory of the Pacific Islands. For purposes of this subsection, “judicial proceeding" means any action, suit, or other judicial proceeding, including any condemnation, preliminary, informational, or other proceeding of a judicial nature, but does not include an administrative proceeding. (c) An employee is performing official duty during the period with respect to which he is summoned (and is authorized to respond to such summons by the House of the Congress disbursing his pay), or is assigned by such House, to (1) testify or produce official records on behalf of the United States or the District of Columbia; or (2) testify in his official capacity or produce official records on behalf of a party other than the United States or the District of Columbia. (d)(1) An employee may not receive fees for service (A) as juror in a court of the United States or the District of Columbia; or (B) as a witness on behalf of the United States or the District of Columbia. (2) If an employee receives an amount (other than travel expenses) for service as a juror or witness during a period in which his pay may not be reduced under subsection (b) of this section, or for which he is performing official duty under subsection (c) of this section, the employee shall remit such amount to the officer who disburses the pay of the employee, which amount shall be covered into the general fund of the Treasury as miscellaneous receipts. (e)(1) An employee summoned (and authorized to respond to such summons by the House of the Congress disbursing his pay), or assigned by such House, to testify or produce official records on behalf of the United States is entitled to travel expenses. If the case involves an activity in connection with which he is employed, the travel expenses shall be paid from funds otherwise available for the payment of travel expenses of such House in accordance with travel regulations of that House. If the case does not involve such an activity, the department, agency, or independent establishment of the United States on whose behalf he is so testifying or producing records shall pay to the employee his travel expenses out of appropriations otherwise available, and in accordance with regulation applicable, to that department, agency, or independent establishment for the payment of travel expenses. (2) An employee summoned (and permitted to respond to such summons by the House of the Congress disbursing his pay), or assigned by such House, to testify in his official capacity or produce official records on behalf of a party other than the United States, is entitled to travel expenses, unless any travel expenses are paid to the employee for his appearance by the court, authority, or party which caused him to be summoned. (f) The Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives are authorized to prescribe, for employees of their respective Houses, such rules and regulations as may be necessary to carry out the provisions of this section. (g) No provision of this section shall be construed to confer the consent of either House of the Congress to the production of official records of that House or to testimony by an employee of the House concerning activities related to his employment. (Dec. 19, 1970, Pub. L. 91-563, §6, 84 Stat. 1478; June 15, 1976, Pub. L. 94–310, §2, 90 Stat. 687; Pub. L. 104-186, Title II, § 204(74), (75), Aug. 20, 1996, 110 Stat. 1741.) 312 §130c. Waiver by Secretary of the Senate of claims of United States arising out of erroneous payments to Vice President, (a) Waiver of claim for erroneous payment of pay or allowances A claim of the United States against a person arising out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, on or after July 25, 1974, to the Vice President, a Senator, or to an officer or employee whose pay is disbursed by the Secretary of the Senate, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by the Secretary of the Senate. An application for waiver shall be investigated by the Financial Clerk of the Senate who shall submit a written report of his investigation to the Secretary of the Senate. An application for waiver of a claim in an amount aggregating more than $1,500 may also be investigated by the Comptroller General of the United States who shall submit a written report of his investigation to the Secretary of the Senate. (b) Prohibition of waiver The Secretary of the Senate may not exercise his authority under this section to waive any claim (1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the Vice President, the Senator, the officer or em |