[United States Senate Manual, 113th Congress]
[S. Doc. 113-1]
[Non-statutory Standing Orders and Regulations Affecting the Business of the Senate]
[Pages 180-183]
[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.

[[Page 181]]

                (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 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 sub

[[Page 182]]

            section (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.
                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 end

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            ing 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.]