[United States Senate Manual, 110th Congress]
[S. Doc. 110-1]
[Non-statutory Standing Orders and Regulations Affecting the Business of the Senate]
[Pages 165-168]
[From the U.S. Government Publishing Office, www.gpo.gov]
95 CLOSING THE OFFICE OF A SENATOR OR SENATE LEADER WHO DIES OR
RESIGNS
Resolved, That (a)(1) In the case of the death or
resignation of a Senator during his term of office, the
employees in the office of such Senator who are on the
Senate payroll on the date of such death or resignation
shall be continued on such payroll at their respective
salaries, unless adjusted by the Secretary of the Senate
with the approval of the Senate Committee on Rules and
Administration, for a period not to exceed sixty days, or
such greater number of days as may, in any particular case,
be established by the Senate Committee on Rules and
Administration as being required to complete the closing of
the office of such Senator. Such employees so continued on
the payroll of the Senate shall, while so continued, perform
their duties under the direction of the Secretary of the
Senate, and such Secretary shall remove from such payroll
any such employees who are not attending to the duties for
which their services are continued.
(2) If an employee of a Senator continued on the Senate
payroll pursuant to paragraph (1) resigns or is terminated
during the period required to complete the closing of the
office of such Senator, the Secretary of the Senate may
replace such employee by appointing another individual. Any
individual appointed as a replacement under the authority of
the preceding sentence shall be subject to the same terms of
employment, except for salary, as the employee such
individual replaces.
(b) In the case of the death or resignation of a Senator
while holding the office of President pro tempore, Deputy
President pro tempore, President pro tempore emeritus,
Majority Leader, Minority Leader, Majority Whip, Minority
Whip, Secretary of the Conference of the Majority, Secretary
of the Conference of the Minority, of the Senate, the
Chairman of the Conference of the Majority, the Chairman of
the Conference of the Minority, the Chairman of the Majority
Policy Committee, or the Chairman of the Minority Policy
Committee, the employees of such office who
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are on the payroll of the Senate on the date of such death
or resignation shall be continued on the Senate payroll in
like manner and under the same conditions as are employees
in the office of such Senator under subsection (a) of this
section.
(c) No employee of the Senate who is continued on the
payroll of the Senate under the preceding provisions of this
section on account of the death or resignation of a Senator
shall be continued on such payroll after the date of the
expiration of the term of office of such Senator as a
Senator, or, such later date as may, in any particular case,
be established by the Senate Committee on Rules and
Administration as being required to complete the closing of
the office of such Senator.
(d) Payment of salaries of employees who are continued
on the Senate payroll under authority of this section, and
payment of agency contributions with respect to such
salaries, shall be made from the account for Miscellaneous
Items within the contingent fund of the Senate.
(e) During any period for which the employees of the
office of a Senator, who has died or resigned, are continued
on the Senate payroll under the first section of this
resolution, official office expenses which are necessary in
closing such Senator's office (or offices in case of a
Senator who dies or resigns while holding an office referred
to in subsection (b) of this section) shall be made from the
account for Miscellaneous Items within the contingent fund
of the Senate upon vouchers approved by the Secretary of the
Senate; except that the aggregate of such expenses shall not
exceed an amount equal to one-tenth of such Senator's
official office expense account for the year in which he
died or resigned.
(f) Duties to be performed by the Secretary of the
Senate under this section and under section 2 of this
resolution shall be performed under the direction of the
Senate Committee on Rules and Administration.
Sec. 2. In the case of the death of any Senator, the
Secretary of the Senate may, with respect to any item of
expense for which payment had been authorized to be made
from such Senator's official office expense account, certify
for such deceased Senator for any sum already obligated but
not certified to at the time of such Senator's death for
payment to the person or persons designated as entitled to
such payment by such Secretary.
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Sec. 3. (a) The Sergeant at Arms and Doorkeeper of the
Senate shall make such arrangements as may be necessary, in
accordance with such regulations as the Senate Committee on
Rules and Administration may prescribe, for:
(1) the funeral of a deceased Senator; and
(2) any committee appointed to attend the
funeral of a deceased Senator.
(b) Expenses incurred in carrying out the provisions of
subsection (a) of this section shall be paid from the
account for Miscellaneous Items within the contingent fund
of the Senate, on vouchers approved by the Sergeant at Arms
and Doorkeeper of the Senate.
Sec. 4. The following Senate resolutions are repealed:
S. Res. 5, 82d Congress (agreed to April 11, 1951), and S.
Res. 354, 95th Congress (agreed to January 20, 1978).
Sec. 5. (a) Except as provided in subsection (b) of this
section, the provisions of this resolution shall take effect
upon the date it is agreed to by the Senate.
(b) The first section of this resolution shall take
effect on the date that there is hereafter enacted a
provision of law which (1) makes inapplicable to any
employee of the Senate the provisions of the third paragraph
under the heading ``Clerical assistance to Senators'' of the
first section of the Legislative Appropriation Act for the
fiscal year ending June 30, 1928 (2 U.S.C. 92a), and (2)
repeals (A) the last paragraph under the heading ``Clerical
assistance to Senators'' of the first section of the
Legislative Branch Appropriation Act, 1944 (2 U.S.C. 92e),
(B) the last paragraph under the heading ``Clerical
assistance to Senators'' of the first section of the
Legislative Branch Appropriation Act, 1945 (2 U.S.C. 92e),
(C) the next-to-last paragraph under the heading ``Clerical
assistance to Senators'' of the first section of the
Legislative Branch Appropriation Act, 1946 (2 U.S.C. 92e),
and (D) the next-to-last paragraph under the heading
``Clerical assistance to Senators'' of the first section of
the Legislative Branch Appropriation Act, 1947 (2 U.S.C.
92e).
(c) After the date this resolution is agreed to, the
Chairman of the Senate Committee on Rules and Administration
shall make no further certifications under authority of
section 506(g) of the Supplemental Appropriations Act, 1973
(2 U.S.C. 58(g)).
[S. Res. 458, 98-2, Oct. 4, 1984; S. Res. 173, 100-1, Mar.
4, 1987, S. Res. 478, 108-2, Nov. 19, 2004; S. Res. 238,
110-1, June 18, 2007.]
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