Page 1 TITLE 2THE CONGRESS Chap. Sec. 1. Election of Senators and Representtative ....................................... 1 2. Organization of Congress ................. 21 3. Compensation and Allowances of Members ............................................. 31 4. Officers and Employees of Senate and House of Representatives ..... 60 5. Library of Congress ............................ 131 6. Congressional and Committee Proceddure Investigations .................... 190 7. Contested Elections [Repealed] ...... 201 8. Federal Corrupt Practices [Repeaaled ................................................ 241 8A. Regulation of Lobbying [Repealed] 261 9. Office of Legislative Counsel ........... 271 9A. Office of Law Revision Counsel ...... 285 9B. Legislative Classification Office [Repealed] .......................................... 286 9C. Office of Parliamentarian of House of Representatives ........................... 287 9D. Office of Senate Legal Counsel ........ 288 10. Classification of Employees of House of Representatives .............. 291 10A. Payroll Administration in House of Representatives ............................... 331 11. CitizensCommission on Public Service and Compensation ........... 351 12. Contested Elections ............................ 381 13. Joint Committee on Congressional Operations [Repealed] ................... 411 14. Federal Election Campaigns ............ 431 15. Office of Technology Assessment .... 471 16. Congressional Mailing Standards ... 501 17. Congressional Budget Office ............ 601 17A. Congressional Budget and Fiscal Operations ......................................... 621 17B. Impoundment Control and Line Item Veto ........................................... 681 18. Legislative Personnel Financial Disclosure Requirements [Transferrred ................................................. 701 19. Congressional Award Program ....... 801 19A. John Heinz Competitive Excellence Award ................................................. 831 20. Emergency Powers To Eliminate Budget Deficits ................................. 900 21. Civic Achievement Award Program in Honor of Office of Speaker of House of Representatives [Repeaaled ................................................ 1001 22. John C. Stennis Center for Public Service Training and Developmeen .................................................... 1101 22A. Center for Russian Leadership Develoopmen .......................................... 1151 22B. Hunger Fellowship Program ............ 1161 23. Government Employee Rights [Transferred or Repealed] ............ 1201 Chap. Sec. 24. Congressional Accountability .......... 1301 25. Unfunded Mandates Reform ............ 1501 26. Disclosure of Lobbying Activities ... 1601 27. Sound Recording Preservation by the Library of Congress ................. 1701 28. Architect of the Capitol ..................... 1801 29. Capitol Police ....................................... 1901 30. Operation and Maintenance of Capitol Complex .............................. 2001 CHAPTER 1ELECTION OF SENATORS AND REPRESENTATIVES Sec. 1. Time for election of Senators. 1a. Election to be certified by governor. 1b. Countersignature of certificate of election. 2. Omitted. 2a. Reapportionment of Representatives; time and manner; existing decennial census figurre as basis; statement by President; duty of clerk. 2b. Number of Representatives from each State in 78th and subsequent Congresses. 2c. Number of Congressional Districts; number of Representatives from each District. 3, 4. Omitted. 5. Nominations for Representatives at large. 6. Reduction of representation. 7. Time of election. 8. Vacancies. 9. Voting for Representatives. § 1. Time for election of Senators At the regular election held in any State next preceding the expiration of the term for which any Senator was elected to represent such State in Congress, at which election a Representative to Congress is regularly by law to be chosen, a United States Senator from said State shall be elected by the people thereof for the term commenncin on the 3d day of January next thereaftter (June 4, 1914, ch. 103, § 1, 38 Stat. 384; June 5, 1934, ch. 390, § 3, 48 Stat. 879.) AMENDMENTS 1934—Act June 5, 1934, substituted ‘‘3d day of Januarry’ for ‘‘fourth day of March’’. CONSTITUTIONAL PROVISIONS The first section of Amendment XX to the Constitutiio provides in part: ‘‘* * * the terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.’’ Time for election of Senators, see Const. Art. I, § 4, cl. 1. Vacancies in the Senate, see Const. Amend. XVII.Page 2 TITLE 2—THE CONGRESS §1a § 1a. Election to be certified by governor It shall be the duty of the executive of the State from which any Senator has been chosen to certify his election, under the seal of the State, to the President of the Senate of the United States. (R.S. § 18.) CODIFICATION R.S. § 18 derived from act July 25, 1866, ch. 245, § 3, 14 Stat. 244. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1b of this title. § 1b. Countersignature of certificate of election The certificate mentioned in section 1a of this title shall be countersigned by the secretary of state of the State. (R.S. § 19.) CODIFICATION R.S. § 19 derived from act July 25, 1866, ch. 245, § 3, 14 Stat. 244. § 2. Omitted CODIFICATION Section, act Aug. 8, 1911, ch. 5, §§ 1, 2, 37 Stat. 13, 14, fixed composition of House of Representatives at 435 Members, to be apportioned to the States therein enumeraated For provisions dealing with reapportionment of Representatives and manner of election, etc., see sections 2a and 2b of this title. § 2a. Reapportionment of Representatives; time and manner; existing decennial census figurre as basis; statement by President; duty of clerk (a) On the first day, or within one week thereaftter of the first regular session of the Eightyseccon Congress and of each fifth Congress thereafter, the President shall transmit to the Congress a statement showing the whole number of persons in each State, excluding Indians not taxed, as ascertained under the seventeenth and each subsequent decennial census of the populattion and the number of Representatives to which each State would be entitled under an apportiionmen of the then existing number of Representtative by the method known as the methoo of equal proportions, no State to receive less than one Member. (b) Each State shall be entitled, in the Eightythhir Congress and in each Congress thereafter until the taking effect of a reapportionment under this section or subsequent statute, to the number of Representatives shown in the statemeen required by subsection (a) of this section, no State to receive less than one Member. It shall be the duty of the Clerk of the House of Representatives, within fifteen calendar days after the receipt of such statement, to send to the executive of each State a certificate of the number of Representatives to which such State is entitled under this section. In case of a vacaanc in the office of Clerk, or of his absence or inability to discharge this duty, then such duty shall devolve upon the Sergeant at Arms of the House of Representatives. (c) Until a State is redistricted in the manner provided by the law thereof after any apportionmeent the Representatives to which such State is entitled under such apportionment shall be elected in the following manner: (1) If there is no change in the number of Representatives, they shall be elected from the districts then prescrribe by the law of such State, and if any of them are elected from the State at large they shall continue to be so elected; (2) if there is an increase in the number of Representatives, such additional Representative or Representatives shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; (3) if there is a decrease in the number of Representatives but the number of districts in such State is equal to such decreased number of Representativves they shall be elected from the districts then prescribed by the law of such State; (4) if there is a decrease in the number of Representatiive but the number of districts in such State is less than such number of Representatives, the number of Representatives by which such numbbe of districts is exceeded shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; or (5) if there is a decrease in the number of Representatives and the number of districts in such State exceeds such decreased number of Representatives, they shall be elected from the State at large. (June 18, 1929, ch. 28, § 22, 46 Stat. 26; Apr. 25, 1940, ch. 152, 54 Stat. 162; Nov. 15, 1941, ch. 470, § 1, 55 Stat. 761; Pub. L. 104–186, title II, § 201, Aug. 20, 1996, 110 Stat. 1724.) AMENDMENTS 1996—Subsec. (b). Pub. L. 104–186 struck out at end ‘‘; and in case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or the absence or inabiilit of both to act, such duty shall devolve upon the Doorkeeper of the House of Representatives’’. 1941—Act Nov. 15, 1941, provided for reapportionment based on seventeenth and subsequent decennial censusses 1940—Act Apr. 25, 1940, provided for reapportionment based on sixteenth decennial census. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the report required by subsec. (a) of this section is listed on page 17), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. CONSTITUTIONAL PROVISIONS Apportionment of Representatives among the several States, see Const. Art. I, § 2, cl. 3, and Amend. XIV, § 2. TEMPORARY INCREASE IN MEMBERSHIP Representation of States of Alaska and Hawaii in House of Representatives as not affecting basis of apportiionmen established by this section, see section 9 of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insuula Possessions, and section 8 of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2b, 2c of this title.Page 3 TITLE 2—THE CONGRESS §9 § 2b. Number of Representatives from each State in 78th and subsequent Congresses Each State shall be entitled, in the Seventyeigght and in each Congress thereafter until the taking effect of a reapportionment under a subseqquen statute or section 2a of this title, to the number of Representatives shown in the statemeen transmitted to the Congress on January 8, 1941, based upon the method known as the methoo of equal proportions, no State to receive less than one Member. (Nov. 15, 1941, ch. 470, § 2(a), 55 Stat. 762.) CERTIFICATES TO EXECUTIVES OF STATES Section 2(b) of act Nov. 15, 1941, required Clerk of House of Representatives, within 15 days of Nov. 15, 1941, to send a new certificate of entitlement of a State to Representatives, if such a certificate had been sent prior to Nov. 15, 1941, under provisions of section 2a of this title. § 2c. Number of Congressional Districts; number of Representatives from each District In each State entitled in the Ninety-first Congrres or in any subsequent Congress thereafter to more than one Representative under an apportiionmen made pursuant to the provisions of section 2a(a) of this title, there shall be establisshe by law a number of districts equal to the number of Representatives to which such State is so entitled, and Representatives shall be elected only from districts so established, no district to elect more than one Representative (except that a State which is entitled to more than one Representative and which has in all previous elections elected its Representatives at Large may elect its Representatives at Large to the Ninety-first Congress). (Pub. L. 90–196, Dec. 14, 1967, 81 Stat. 581.) §§ 3, 4. Omitted CODIFICATION Section 3, act Aug. 8, 1911, ch. 5, § 3, 37 Stat. 14, which related to election by districts, expired by its own limitattio on enactment of Reapportionment Act of June 18, 1929, ch. 28, § 22, 46 Stat. 21 (section 2a of this title). It was not restated in act June 18, 1929, providing for reapportionment under Fifteenth Census, and hence it was not applicable thereto. See Wood v. Brown, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131). Section 4, act Aug. 8, 1911, ch. 5, § 4, 37 Stat. 14, which related to additional Representatives at large, expired by its own limitation on enactment of Reapportionmeen Act of June 18, 1929, ch. 28, § 22, 46 Stat. 21 (section 2a of this title). It was not restated in act June 18, 1929, providing for reapportionment under Fifteenth Census, and hence it was not applicable thereto. See Wood v. Brown, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131). § 5. Nominations for Representatives at large Candidates for Representative or Representatiive to be elected at large in any State shall be nominated in the same manner as candidates for governor, unless otherwise provided by the laws of such State. (Aug. 8, 1911, ch. 5, § 5, 37 Stat. 14.) § 6. Reduction of representation Should any State deny or abridge the right of any of the male inhabitants thereof, being twenttyone years of age, and citizens of the United States, to vote at any election named in the amendment to the Constitution, article 14, sectiio 2, except for participation in the rebellion or other crime, the number of Representatives apportioned to such State shall be reduced in the proportion which the number of such male citizens shall have to the whole number of male citizens twenty-one years of age in such State. (R.S. § 22.) CODIFICATION R.S. § 22 derived from act Feb. 2, 1872, ch. 11, § 6, 17 Stat. 29. § 7. Time of election The Tuesday next after the 1st Monday in Novemmber in every even numbered year, is establisshe as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter. (R.S. § 25; Mar. 3, 1875, ch. 130, § 6, 18 Stat. 400; June 5, 1934, ch. 390, § 2, 48 Stat. 879.) CODIFICATION R.S. § 25 derived from act Feb. 2, 1872, ch. 11, § 3, 17 Stat. 28. The second sentence of this section, which was based on section 6 of the act Mar. 3, 1875 and made this sectiio inapplicable to any State that had not yet changed its day of election and whose constitution required an amendment to change the day of election of its State officers, was omitted.AMENDMENTS 1934—Act June 5, 1934, substituted ‘‘3d day of Januarry’ for ‘‘fourth day of March’’. CONSTITUTIONAL PROVISIONS The first section of Amendment XX to the Constitutiio provides: ‘‘The terms of Senators and Representatiive [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.’’ Time for election of Representatives, see Const. Art. I, § 4, cl. 1. § 8. Vacancies The time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such vacaanc is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescrribe by the laws of the several States and Territories respectively. (R.S. § 26.) CODIFICATION R.S. § 26 derived from act Feb. 2, 1872, ch. 11, § 4, 17 Stat. 28. CONSTITUTIONAL PROVISIONS Vacancies in the House of Representatives, see Const. Art. I, § 2, cl. 4. § 9. Voting for Representatives All votes for Representatives in Congress must be by written or printed ballot, or voting maPage 4 TITLE 2—THE CONGRESS §9 chine the use of which has been duly authorized by the State law; and all votes received or recorrde contrary to this section shall be of no effeect (R.S. § 27; Feb. 14, 1899, ch. 154, 30 Stat. 836.) CODIFICATION R.S. § 27 derived from acts Feb. 28, 1871, ch. 99, § 19, 16 Stat. 440, and May 30, 1872, ch. 239, 17 Stat. 192. CHAPTER 2ORGANIZATION OF CONGRESS Sec. 21. Oath of Senators. 22. Oath of President of Senate. 23. Presiding officer of Senate may administer oaths. 24. Secretary of Senate or assistant secretary may administer oaths. 25. Oath of Speaker, Members, and Delegates. 25a. Delegate to House of Representatives from District of Columbia. 25b. Repealed. 26. Roll of Representatives-elect. 27. Change of place of meeting. 28. Parliamentary precedents of House of Representtatives (a) Periodic compilation; other useful materials; index digest; date of completion. (b) Form, number, and distribution of compilation. (c) Appointment and compensation of personnel; utilization of services of personnel of Federal agencies. 28a. Compilation of the Precedents of House of Representatives; date of completion; biennnia update; printing and availability of copies. 28b. Printing and binding as public document of Precedents of House of Representatives; number of sets authorized. 28c. Distribution of Precedents by Public Printer. (a) Delivery to Members of Ninety-fifth Congress; marking of volumes. (b) Members of Congress following Ninettyfifth Congress not already having sets of Precedents; necessity of written request to Superintendent of Documents for set. (c) Additional distribution of sets. 28d. Distribution of Precedents by Public Printer for official use; particular distribution; marking and ownership of sets. 28e. Distribution of Precedents by Joint Committte on Printing of surplus sets; additional printing, etc., of sets under authority of Joint Committee. 29. Condensed and simplified versions of House precedents; other useful materials in summaar form; form and distribution to Membeer of Congress, Resident Commissioner from Puerto Rico, and others; appointment and compensation of personnel; utilization of services of personnel of Federal agencies. 29a. Early organization of House of Representativves (a) Caucus or conference for incumbent Members reelected to and Membersellec of ensuing Congress; time and procedure for calling. (b) Payment and reimbursement for travee and per diem expenses for Membeer attending caucus or confereence exceptions; regulations governing payments and reimbursemennts reimbursement vouchers. (c) Availability of applicable accounts of House. Sec. 29b, 29c. Omitted. 29d. Committee on Standards of Official Conduct of House of Representatives. (a) Omitted. (b) Committee composition. (c) Investigative subcommittees. (d) Adjudicatory subcommittees. (e) to (h) Omitted. (i) Advice and education. (j) Effective date. 30. Term of service of Members of Congress as trustees or directors of corporations or instituution appropriated for. 30a. Jury duty exemption of elected officials of legislative branch. CHANGE OF NAME AND TRANSFER OF FUNCTIONS OF COMMITTEES AND OFFICERS OF HOUSE OF REPRESENTATIIVE Pub. L. 104–14, June 3, 1995, 109 Stat. 186, provided that: ‘‘SECTION 1. REFERENCES IN LAW TO COMMITTEEE OF THE HOUSE OF REPRESENTATIVES. ‘‘(a) REFERENCES TO COMMITTEES WITH NEW NAMES.— Except as provided in subsection (c), any reference in any provision of law enacted before January 4, 1995, to—‘‘(1) the Committee on Armed Services of the House of Representatives shall be treated as referring to the Committee on National Security of the House of Representtatives ‘‘(2) the Committee on Banking, Finance and Urban Affairs of the House of Representatives shall be treatee as referring to the Committee on Banking and Finanncia Services of the House of Representatives; ‘‘(3) the Committee on Education and Labor of the House of Representatives shall be treated as referring to the Committee on Economic and Educational Opportuunitie of the House of Representatives; ‘‘(4) the Committee on Energy and Commerce of the House of Representatives shall be treated as referring to the Committee on Commerce of the House of Representtatives ‘‘(5) the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives; ‘‘(6) the Committee on Government Operations of the House of Representatives shall be treated as referrrin to the Committee on Government Reform and Oversight of the House of Representatives; ‘‘(7) the Committee on House Administration of the House of Representatives shall be treated as referring to the Committee on House Oversight of the House of Representatives; ‘‘(8) the Committee on Natural Resources of the House of Representatives shall be treated as referring to the Committee on Resources of the House of Representtatives ‘‘(9) the Committee on Public Works and Transportattio of the House of Representatives shall be treatee as referring to the Committee on Transportation and Infrastructure of the House of Representatives; and ‘‘(10) the Committee on Science, Space, and Technollog of the House of Representatives shall be treatee as referring to the Committee on Science of the House of Representatives. ‘‘(b) REFERENCES TO ABOLISHED COMMITTEES.—Any reference in any provision of law enacted before Januaar 4, 1995, to— ‘‘(1) the Committee on District of Columbia of the House of Representatives shall be treated as referring to the Committee on Government Reform and Oversiigh of the House of Representatives; ‘‘(2) the Committee on Post Office and Civil Service of the House of Representatives shall be treated as referrrin to the Committee on Government Reform andPage 5 TITLE 2—THE CONGRESS §25 Oversight of the House of Representatives, except that a reference with respect to the House Commissiio on Congressional Mailings [probably should be ‘‘Mailing’’] Standards (the ‘Franking Commission’) shall be treated as referring to the Committee on House Oversight of the House of Representatives; and ‘‘(3) the Committee on Merchant Marine and Fisherrie of the House of Representatives shall be treated as referring to— ‘‘(A) the Committee on Agriculture of the House of Representatives, in the case of a provision of law relating to inspection of seafood or seafood produccts ‘‘(B) the Committee on National Security of the House of Representatives, in the case of a provision of law relating to interoceanic canals, the Merchhan Marine Academy and State Maritime Academiies or national security aspects of merchant mariine ‘‘(C) the Committee on Resources of the House of Representatives, in the case of a provision of law relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanograaphy ‘‘(D) the Committee on Science of the House of Representatives, in the case of a provision of law relating to marine research; and ‘‘(E) the Committee on Transportation and Infrastruuctur of the House of Representatives, in the case of a provision of law relating to a matter other than a matter described in any of subparagraphs (A) through (D). ‘‘(c) REFERENCES TO COMMITTEES WITH JURISDICTION CHANGES.—Any reference in any provision of law enaccte before January 4, 1995, to— ‘‘(1) the Committee on Energy and Commerce of the House of Representatives shall be treated as referring to—‘‘(A) the Committee on Agriculture of the House of Representatives, in the case of a provision of law relating to inspection of seafood or seafood produccts ‘‘(B) the Committee on Banking and Financial Services of the House of Representatives, in the case of a provision of law relating to bank capital markets activities generally or to depository instituttio securities activities generally; and ‘‘(C) the Committee on Transportation and Infrastruuctur of the House of Representatives, in the case of a provision of law relating to railroads, railwwa labor, or railroad retirement and unemploymeen (except revenue measures related thereto); and ‘‘(2) the Committee on Government Operations of the House of Representatives shall be treated as referrrin to the Committee on the Budget of the House of Representatives in the case of a provision of law relating to the establishment, extension, and enforcemeen of special controls over the Federal budget. ‘‘SEC. 2. REFERENCES IN LAW TO OFFICERS OF THE HOUSE OF REPRESENTATIVES. ‘‘Any reference in any provision of law enacted before January 4, 1995, to a function, duty, or authority— ‘‘(1) of the Clerk of the House of Representatives shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representatives exercising that function, duty, or authority, as determined by the Committee on House Oversight of the House of Representatives; ‘‘(2) of the Doorkeeper of the House of Representatiive shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representatives exercising that function, duty, or authority, as determined by the Committee on House Oversight of the House of Representatives; ‘‘(3) of the Postmaster of the House of Representatiive shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representatives exercising that function, duty, or authority, as determined by the Committee on House Oversight of the House of Representatives; and ‘‘(4) of the Director of Non-legislative and Financial Services of the House of Representatives shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representtative exercising that function, duty, or authorrity as determined by the Committee on House Oversight of the House of Representatives.’’ § 21. Oath of Senators The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat. (R.S. § 28.) CODIFICATION R.S. § 28 derived from act June 1, 1789, ch. 1, § 2, 1 Stat. 23. § 22. Oath of President of Senate When a President of the Senate has not taken the oath of office, it shall be administered to him by any Member of the Senate. (R.S. § 29.) CODIFICATION R.S. § 29 derived from act June 1, 1789, ch. 1, § 2, 1 Stat. 23. § 23. Presiding officer of Senate may administer oaths The presiding officer, for the time being, of the Senate of the United States, shall have power to administer all oaths and affirmations that are or may be required by the Constitution, or by law, to be taken by any Senator, officer of the Senate, witness, or other person, in respect to any matter within the jurisdiction of the Senate. (Apr. 18, 1876, ch. 66, § 1, 19 Stat. 34.) § 24. Secretary of Senate or assistant secretary may administer oaths The Secretary of the Senate, and the assistant secretary thereof, shall, respectively, have power to administer any oath or affirmation requiire by law, or by the rules or orders of the Senate, to be taken by any officer of the Senate, and to any witness produced before it. (Apr. 18, 1876, ch. 66, § 2, 19 Stat. 34; Pub. L. 92–51, July 9, 1971, 85 Stat. 125.) CHANGE OF NAME Assistant secretary of the Senate deemed successor in references to chief clerk of the Senate in all laws, rules, resolutions, and orders, effective July 1, 1971, under provisions of Pub. L. 92–51, July 9, 1971, 85 Stat. 125. § 25. Oath of Speaker, Members, and Delegates At the first session of Congress after every general election of Representatives, the oath of office shall be administered by any Member of the House of Representatives to the Speaker; and by the Speaker to all the Members and Delegaate present, and to the Clerk, previous to enPage 6 TITLE 2—THE CONGRESS § 25a tering on any other business; and to the Membeer and Delegates who afterward appear, previiou to their taking their seats. The Clerk of the House of Representatives of the Eightieth and each succeeding Congress shall cause the oath of office to be printed, furnisshin two copies to each Member and Delegate who has taken the oath of office in accordance with law, which shall be subscribed in person by the Member or Delegate, who shall thereupon deliver them to the Clerk, one to be filed in the records of the House of Representatives, and the other to be recorded in the Journal of the House and in the Congressional Record; and such signed copies, or certified copies thereof, or of either of such records thereof, shall be admissibbl in evidence in any court of the United States, and shall be held conclusive proof of the fact that the signer duly took the oath of office in accordance with law. (R.S. § 30; Feb. 18, 1948, ch. 53, 62 Stat. 20.) CODIFICATION R.S. § 30 derived from act June 1, 1789, ch. 1, § 2, 1 Stat. 23. The last paragraph of this section, which permitted Members and Delegates of the House of Representatives of the Eightieth Congress to subscribe and deliver two signed copies of the printed oath of office at any time before the expiration of the Eightieth Congress, was omitted. AMENDMENTS 1948—Act Feb. 18, 1948, added last two paragraphs to provide a way by which any Member of House of Representtative can establish by record evidence the fact that the Member took the oath of office and so became a Member. § 25a. Delegate to House of Representatives from District of Columbia (a) The people of the District of Columbia shall be represented in the House of Representatiive by a Delegate, to be known as the ‘‘Delegaat to the House of Representatives from the District of Columbia’’, who shall be elected by the voters of the District of Columbia in accordannc with the District of Columbia Election Act. The Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting, shall have all the privileges grantee a Representative by section 6 of Article I of the Constitution, and shall be subject to the same restrictions and regulations as are impoose by law or rules on Representatives. The Delegate shall be elected to serve during each Congress. (b) No individual may hold the office of Delegaat to the House of Representatives from the District of Columbia unless on the date of his election— (1) he is a qualified elector (as that term is defined in section 2(2) of the District of Columbbi Election Act) of the District of Columbia; (2) he is at least twenty-five years of age; (3) he holds no other paid public office; and (4) he has resided in the District of Columbia continuously since the beginning of the threeyeea period ending on such date. He shall forfeit his office upon failure to maintaai the qualifications required by this subsecttion (Pub. L. 91–405, title II, § 202, Sept. 22, 1970, 84 Stat. 848.) REFERENCES IN TEXT The District of Columbia Election Act, referred to in subsecs. (a) and (b)(1), is act Aug. 12, 1955, ch. 862, 69 Stat. 699, as amended, which is not classified to the Code. EFFECTIVE DATE Section 206(b) of title II of Pub. L. 91–405 provided that: ‘‘This title and the amendments made by this title [enacting this section and section 25b of this title and amending section 2106 of Title 5, Government Organizaatio and Employees, sections 4342, 6954, and 9342 of Title 10, Armed Forces, sections 201, 203, 204, 591, 594, and 595 of Title 18, Crimes and Criminal Procedure, and section 1973i of Title 42, The Public Health and Welfare] shall take effect on the date of its enactment [Sept. 22, 1970].’’ § 25b. Repealed. Pub. L. 104186, title II, § 202(1), Aug. 20, 1996. 110 Stat. 1724 Section, Pub. L. 91–405, title II, § 204(a), Sept. 22, 1970, 84 Stat. 852, related to application of certain Federal laws to Delegate to House of Representatives from Distrric of Columbia. § 26. Roll of Representatives-elect Before the first meeting of each Congress the Clerk of the next preceding House of Representatiive shall make a roll of the Representativeseleect and place thereon the names of those persoons and of such persons only, whose credentiial show that they were regularly elected in accordance with the laws of their States respectivvely or the laws of the United States. In case of a vacancy in the office of Clerk of the House of Representatives, or of the absence or inability of the Clerk to discharge the duties imposed on him by law or custom relative to the preparatiio of the roll of Representatives or the organizattio of the House, those duties shall devolve on the Sergeant at Arms of the next preceding House of Representatives. (R.S. §§ 31–33; Pub. L. 104–186, title II, § 202(2), Aug. 20, 1996, 110 Stat. 1724.) CODIFICATION R.S. § 31 derived from acts Feb. 21, 1867, ch. 56, § 1, 14 Stat. 397 and Mar. 3, 1863, ch. 108, 12 Stat. 804. R.S. §§ 32 and 33 derived from act Feb. 21, 1867, ch. 56, § 2, 14 Stat. 397. R.S. § 31 constitutes first sentence; R.S. § 32 constittute second sentence; and R.S. § 33 constituted the third sentence, prior to repeal by Pub. L. 104–186. See 1996 Amendment note below. AMENDMENTS 1996—Pub. L. 104–186 struck out third sentence which read as follows: ‘‘In case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or of the abseenc or inability of both to act, the duties of the Clerk relative to the preparation of the roll of the House of Representatives or the organization of the House shall be performed by the Doorkeeper of the next preceding House of Representatives.’’ See Codification note above. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 34 of this title. § 27. Change of place of meeting Whenever Congress is about to convene, and from the prevalence of contagious sickness, orPage 7 TITLE 2—THE CONGRESS § 28c the existence of other circumstances, it would, in the opinion of the President, be hazardous to the lives or health of the members to meet at the seat of Government, the President is authorizzed by proclamation, to convene Congress at such other place as he may judge proper. (R.S. § 34.) CODIFICATION R.S. § 34 derived from act Apr. 3, 1794, ch. 17, 1 Stat. 353. § 28. Parliamentary precedents of House of Representtative (a) Periodic compilation; other useful materials; index digest; date of completion The Parliamentarian of the House of Representtatives at the beginning of the fifth fiscal year following the completion and publication of the parliamentary precedents of the House authorrize by the Legislative Branch Appropriatiio Act, 1966 (79 Stat. 270; Public Law 89–90), and at the beginning of each fifth fiscal year thereafter, shall commence the compilation and preparation for printing of the parliamentary precedents of the House of Representatives, togetthe with such other materials as may be useffu in connection therewith, and an index digest of such precedents and other materials. Each such compilation and preparation for printing of the parliamentary precedents of the House shall be completed by the close of the fiscal year immediiatel following the fiscal year in which such work is commenced. (b) Form, number, and distribution of compilatiio As so compiled and prepared, such precedents and other materials and index digest shall be printed on pages of such size, and in such type and format, as the Parliamentarian may determiin and shall be printed in such numbers and for such distribution as may be provided by law enacted prior to printing. (c) Appointment and compensation of personnel; utilization of services of personnel of Federal agencies For the purpose of carrying out each such compilation and preparation, the Parliamentarria may— (1) subject to the approval of the Speaker, appoint (as employees of the House of Representtatives clerical and other personnel and fix their respective rates of pay; and (2) utilize the services of personnel of the Librrar of Congress and the Government Printiin Office. (Pub. L. 91–510, title III, § 331, Oct. 26, 1970, 84 Stat. 1186.) REFERENCES IN TEXT The Legislative Branch Appropriation Act, 1966, referrre to in subsec. (a), is Pub. L. 89–90, July 27, 1965, 79 Stat. 265. For complete classification of this Act to the Code, see Tables. EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 72a of this title. § 28a. Compilation of the Precedents of House of Representatives; date of completion; biennial update; printing and availability of copies The Speaker is authorized and directed to complete the Compilation of the Precedents of the House of Representatives by January 1, 1977, and prepare an updated compilation of such precedents every two years thereafter. Copies of the Compilation of Precedents shall be printed in sufficient quantity to be available to every Member and the standing committees of the House of Representatives. (Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.) CODIFICATION Section is based on section 208 of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93–554. EFFECTIVE DATE Pub. L. 93–554 provided that the enactment of House Resolution No. 988, Ninety-third Congress, into permaneen law is effective Jan. 2, 1975. § 28b. Printing and binding as public document of Precedents of House of Representatives; number of sets authorized (a) There shall be printed and bound as a publli document two thousand sets of the Precedeent of the House of Representatives compiled and prepared by Lewis Deschler (hereinafter in sections 28b to 28e of this title referred to as the ‘‘Precedents’’) in accordance with the provisions of the Legislative Branch Appropriation Act, 1966 (Public Law 89–90; 79 Stat. 265). (b) The number of sets authorized to be printee and bound by or pursuant to sections 28b to 28e of this title shall be in lieu of the usual numbbe of copies for binding and distribution requiire by section 701 of title 44. (Pub. L. 94–551, § 1, Oct. 18, 1976, 90 Stat. 2537.) REFERENCES IN TEXT The Legislative Branch Appropriation Act, 1966, referrre to in text, is Pub. L. 89–90, July 27, 1965, 79 Stat. 265. For complete classification of this Act to the Code, see Tables. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 28e of this title. § 28c. Distribution of Precedents by Public Printer (a) Delivery to Members of Ninety-fifth Congress; marking of volumes The Public Printer shall deliver one set of the Precedents to each Senator or Representative in, or Delegate or Resident Commissioner to, the Ninety-fifth Congress. The name of the Member to whom the set is delivered shall be legibly stamped on the front cover of each voluum of the set. (b) Members of Congress following Ninety-fifth Congress not already having sets of Precedennts necessity of written request to Superinteenden of Documents for set Each Senator or Representative in, or Delegaat or Resident Commissioner to, each ConPage 8 TITLE 2—THE CONGRESS § 28d 1 So in original. Probably should be followed by a comma. gress following the Ninety-fifth Congress who has not theretofore received a set of the Precedeent shall be entitled to receive one set of the Precedents, upon transmitting a written request for such set to the Superintendent of Documennts (c) Additional distribution of sets The Public Printer shall make the following distribution of sets of the Precedents: (1) to the office of the Vice President, to the office of the speaker of the House of Representtatives and to the office of the President pro tempore of the Senate, each, five sets; (2) to the office of the majority leader of the House of Representatives and to the office of the minority leader of the House of Representatiives each, three sets; (3) to the Parliamentarian of the House of Representatives, sixty sets; (4) to the Parliamentarian of the Senate, five sets; (5) to the Clerk of the House of Representatiive and to the Sergeant at Arms of the House of Representatives, each 1 two sets; (6) to the Secretary of the Senate and to the Sergeant at Arms of the Senate, each, two sets; (7) to the superintendent of the House documeen room, two sets; (8) to the superintendent of the Senate documeen room, two sets; (9) to the Library of Congress, for internatiiona exchange and for official use in Washinggton District of Columbia, one hundred and fifty sets; (10) to the National Archives, three sets; (11) to the government of the District of Colummbia twelve sets; (12) to the Smithsonian Institute, two sets; (13) to the library of each legislative branch of each State, territory, and possession of the United States, one set; and (14) to the Superintendent of Documents, eight hundred and sixteen sets for distribution to the depository library system. (Pub. L. 94–551, § 2, Oct. 18, 1976, 90 Stat. 2537; Pub. L. 104–186, title II, § 202(3), Aug. 20, 1996, 110 Stat. 1724.) AMENDMENTS 1996—Subsec. (c)(2). Pub. L. 104–186, § 202(3)(A), substittute ‘‘Representatives, each’’ for ‘‘Representives, each’’. Subsec. (c)(5). Pub. L. 104–186, § 202(3)(B), substituted ‘‘and to the Sergeant at Arms of the House of Representtatives each two sets’’ for ‘‘, to the Sergeant at Arms of the House of Representatives, and to the Doorkeeepe of the House of Representatives, each, two sets’’. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 28b, 28e of this title. § 28d. Distribution of Precedents by Public Printee for official use; particular distribution; marking and ownership of sets (a) The Public Printer shall make the followiin distribution of sets of the Precedents; (1) to each standing or joint committee of the Congress which is in existence on October 18, 1976, or which is established after October 18, 1976, four sets; (2) to the office of the Legislative Counsel of the House of Representatives, five sets; (3) to the office of the Legislative Counsel of the Senate, five sets; (4) to the library of the House of Representativves four sets; (5) to the library of the Senate, two sets; (6) to the library of the Supreme Court of the United States, nine sets; (7) to the office of the Official Reporter of Debates of the House of Representatives, three sets; and (8) to the office of the Official Reporter of Debates of the Senate, three sets. (b) Each set of Precedents distributed by the Public Printer under subsection (a) of this sectiio shall be for official use. Each such set shall be legibly stamped on the front cover ‘‘Property of the United States Government.’’ Each such set, upon delivery, shall become and remain the property of the United States, and may not be removed from the building in which is located the designated library or office, as the case may be. (Pub. L. 94–551, § 3, Oct. 18, 1976, 90 Stat. 2538.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 28b, 28e of this title. § 28e. Distribution of Precedents by Joint Committte on Printing of surplus sets; additional printing, etc., of sets under authority of Joint Committee (a) Any set of the Precedents printed and bound pursuant to subsection (a) of section 28b of this title, not needed to carry out the distribuution required by sections 28b to 28e of this title, shall be distributed under the direction of the Joint Committee on Printing. (b) The Joint Committee on Printing may from time to time authorize and direct that additiiona sets of the Precedents, be printed, bound, and distributed in such manner as the Joint Committee determines will best carry out the purposes of sections 28b to 28e of this title. (Pub. L. 94–551, § 4, Oct. 18, 1976, 90 Stat. 2538.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 28b of this title. § 29. Condensed and simplified versions of House precedents; other useful materials in summaar form; form and distribution to Membeer of Congress, Resident Commissioner from Puerto Rico, and others; appointment and compensation of personnel; utilization of services of personnel of Federal agencies The Parliamentarian of the House of Representtative shall prepare, compile, and maintaai on a current basis and in cumulative form, for each Congress commencing with the Ninetythhir Congress a condensed and, insofar as practicaable up-to-date version of all of the parliameentar precedents of the House of RepPage 9 TITLE 2—THE CONGRESS § 29a resentatives which have current use and applicatiio in the House, together with informative text prepared by the Parliamentarian and other useful related material in summary form. The Parliamentarian shall have such matter printed for each Congress on pages of such size and in such type and format as he considers advisable to promote the usefulness of such matter to the Members of the House and shall provide a printee copy thereof to each Member in each Congreess including the Resident Commissioner from Puerto Rico, and may make such other distribbutio of such printed copies as he considers advisable. In carrying out this section, the Parliamenntaria may appoint and fix the pay of personnel and utilize the services of personnel of the Library of Congress and the Government Printing Office. (Pub. L. 91–510, title III, § 332, Oct. 26, 1970, 84 Stat. 1186.) EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 72a of this title. § 29a. Early organization of House of Representatiive (a) Caucus or conference for incumbent Membeer reelected to and Members-elect of ensuiin Congress; time and procedure for calling (1) The majority leader or minority leader of the House of Representatives after consultation with the Speaker may at any time during any even-numbered year call a caucus or conference, to begin on or after the first day of December and conclude on or before the twentieth day of December in such year and to be attended by all incumbent Members of his or her political party who have been reelected to the ensuing Congress and all other Members-elect of such party, for the purpose of taking all steps necessary to achieve the prompt organization of the Members and Members-elect of such party for the ensuing Congress. (2) If the majority leader or minority leader calls an organizational caucus or conference under paragraph (1), he or she shall file with the Clerk of the House a written notice designating the date upon which the caucus or conference is to convene. As soon as possible after the electiio of Members to the ensuing Congress, the Clerk shall furnish each Member-elect of the party involved with appropriate written notificattio of the caucus or conference. (3) If a vacancy occurs in the office of majority leader or minority leader during any even-numbeere year (and has not been filled), the chairmma of the caucus or conference of the party invollve for the current Congress may call an organizaationa caucus or conference under paragrrap (1) by filing written notice thereof as proviide by paragraph (2). (b) Payment and reimbursement for travel and per diem expenses for Members attending caucus or conference; exceptions; regulations governing payments and reimbursements; reimburrsemen vouchers (1)(A) Each Member-elect (other than an incummben Member reelected to the ensuing Congreess who attends a caucus or conference called under subsection (a) of this section, and each incummben Member reelected to the ensuing Congrres who attends any such caucus or conference convening after the adjournment sine die of the Congress in the year involved, shall be paid for one round trip between his or her place of resideenc in the district which he or she represents and Washington, District of Columbia, for the purpose of attending such caucus or conference. Payment shall be made through the issuance of a transportation request form to each such Member-elect or incumbent Member by the Finaanc Office of the House before such caucus or conference. (B) Each Member-elect (other than an incumbeen Member reelected to the ensuing Congress) who attends a caucus or conference called under subsection (a) of this section shall in addition be reimbursed on a per diem or other basis for expennse incurred in connection with his or her attenddanc at such caucus or conference for a periio not to exceed the shorter of the following— (i) the period beginning with the day before the designated date upon which such caucus or conference is to convene and ending with the day after the date of the final adjournment of such caucus or conference; or (ii) fourteen days. (2) Payments and reimbursements to Membeerselect under paragraph (1) shall be made as provided (with respect to Members) in the regulattion prescribed by the Committee on House Oversight with respect to travel and other expennse of committees and Members. Reimbursemeent shall be paid on special voucher forms prescribed by the Committee on House Oversigght (c) Availability of applicable accounts of House The applicable accounts of the House of Representtative are made available to carry out the purposes of this section. (Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 104–186, title II, § 202(4), Aug. 20, 1996, 110 Stat. 1725.) CODIFICATION Section is based on section 202 of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93–554. AMENDMENTS 1996—Subsec. (b)(2). Pub. L. 104–186, § 202(4)(A), substittute ‘‘House Oversight’’ for ‘‘House Administratioon’ in two places. Subsec. (c). Pub. L. 104–186, § 202(4)(B), substituted ‘‘applicable accounts of the House of Representatives are’’ for ‘‘contingent fund of the House is’’. CHANGE OF NAME Committee on House Oversight of House of Representtative changed to Committee on House Administraatio of House of Representatives by House Resolutiio No. 5, One Hundred Sixth Congress, Jan. 6, 1999. EFFECTIVE DATE Pub. L. 93–554 provided that the enactment of House Resolution No. 988, Ninety-third Congress, into permaneen law is effective Jan. 2, 1975. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 43b–2 of this title.Page 10 TITLE 2—THE CONGRESS §§ 29b, 29c 1 See References in Text note below. §§ 29b, 29c. OmittedCODIFICATION Section 29b, based on section 204 of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law, effective Jan. 2, 1975, by Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777, established a Commission on Information and Facilitiie in House of Representatives to be composed of nine members of the House appointed by Speaker, required Speaker to appoint an Advisory Council to assist Commisssio in carrying out its functions, required Commissiio to conduct study of informational problems, facilitiie and space, and House legislative counsel requiremennts provided for the scope of study of informational problems, and required Commission to make an annual progress report to Speaker, to complete study of House legislative counsel requirements by Jan. 1, 1976, and to submit a final report by Jan. 2, 1977. Section 29c, based on clause 10, rule I, of the Rules of the House of Representatives as in effect before July 17, 1984, relating to the Office for the Bicentennial for the House of Representatives, established by House Resolutiio No. 621, Ninety-seventh Congress, Dec. 17, 1982, which was enacted into permanent law by Pub. L. 98–367, title I, § 102, July 17, 1984, 98 Stat. 479, establisshe in House of Representatives an Office for the Bicenteennia of the House of Representatives to coordinaat planning of commemoration of two-hundredth anniveersar of House of Representatives and to be staffed by a professional historian appointed by Speaker withoou regard to political affiliation and solely on basis of fitness to perform duties of the position and to serve at pleasure of Speaker, and provided that the Office cease to exist not later than Sept. 30, 1989, unless otherwise provided by law or resolution. Office of the Historian of the House of Representatives was established by clause 10, rule I, of the Rules of the House of Representatives, as added on Jan. 3, 1989 (H. Res. 5, 101st Congress). § 29d. Committee on Standards of Official Conduuc of House of Representatives (a) Omitted (b) Committee composition The respective party caucus or conference of the House of Representatives shall each nominaat to the House of Representatives at the beginnnin of each Congress 7 members to serve on the Committee on Standards of Official Conduct. (c) Investigative subcommittees The Committee on Standards of Official Conduuc shall adopt rules providing— (1) for the establishment of a 4 or 6-member investigative subcommittee (with equal represenntatio from the majority and minority parties) whenever the committee votes to underrtak any investigation; (2) that the senior majority and minority members on an investigative subcommittee shall serve as the chairman and ranking minorrit member of the subcommittee; and (3) that the chairman and ranking minority member of the full committee may only serve as non-voting, ex officio members on an investigaativ subcommittee. Clause 5(d) of rule XI 1 of the Rules of the House of Representatives shall not apply to any investigaativ subcommittee. (d) Adjudicatory subcommittees The Committee on Standards of Official Conduuc shall adopt rules providing— (1) that upon the completion of an investigatiion an investigative subcommittee shall repoor its findings and recommendations to the committee; (2) that, if an investigative subcommittee by majority vote of its membership adopts a statement of alleged violation, the remaining members of the committee shall comprise an adjudicatory subcommittee to hold a disciplinaar hearing on the violation alleged in the statement; (3) that any statement of alleged violation and any written response thereto shall be made public at the first meeting or hearing on the matter which is open to the public after the respondent has been given full opportunity to respond to the statement in accordance with committee rules, but, if no public hearing or meeting is held on the matter, the statemeen of alleged violation and any written respoons thereto shall be included in the committtee’ final report to the House of Representtative as required by clause 4(e)(1)(B) of rule X 1 of the Rules of the House of Representatiives (4) that a quorum for an adjudicatory subcommmitte for the purpose of taking testimoon and conducting any business shall consiis of a majority of the membership of the subcommittee plus one; and (5) that an adjudicatory subcommittee shall determine, after receiving evidence, whether the counts in the statement have been proved and shall report its findings to the committee. Clause 5(d) of rule XI 1 of the Rules of the House of Representatives shall not apply to any adjudicaator subcommittee. (e) to (h) Omitted (i) Advice and education (1) The Committee on Standards of Official Conduct shall establish within the committee an Office on Advice and Education (hereinafter in this subsection referred to as the ‘‘Office’’) under the supervision of the chairman. (2) The Office shall be headed by a director who shall be appointed by the chairman, in consulttatio with the ranking minority member, and shall be comprised of such staff as the chairmma determines is necessary to carry out the responsibbilitie of the Office. (3) The primary responsibilities of the Office shall include: (A) Providing information and guidance to Members, officers and employees of the House regarding any laws, rules, regulations, and other standards of conduct applicable to such individuals in their official capacities, and any interpretations and advisory opinions of the committee. (B) Submitting to the chairman and ranking minority member of the committee any writtte request from any such Member, officer or employee for an interpretation of applicable laws, rules, regulations, or other standards of conduct, together with any recommendations thereon. (C) Recommending to the committee for its consideration formal advisory opinions of generra applicability.Page 11 TITLE 2—THE CONGRESS § 30a (D) Developing and carrying out, subject to the approval of the chairman, periodic educatiiona briefings for Members, officers and employees of the House on those laws, rules, regulations, or other standards of conduct appliccabl to them. (4) No information provided to the Committee on Standards of Official Conduct by a Member, officer or employee of the House of Representatiive when seeking advice regarding prospective conduct of such Member, officer or employee may be used as the basis for initiating an investigaatio under clause 4(e)(1)(B) of rule X 1 of the Rules of the House of Representatives, if such Member, officer or employee acts in accordance with the written advice of the committee. (j) Effective date This section shall take effect immediately befoor noon January 3, 1991, except that subsecttion (g), (h), and (i) shall take effect on Januaar 1, 1990. (Pub. L. 101–194, title VIII, § 803, Nov. 30, 1989, 103 Stat. 1774.) REFERENCES IN TEXT The Rules of the House of Representatives for the One Hundred Sixth Congress were adopted and amended generally by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Provisions formerly appeaarin in clause 5(d) of rule XI, referred to in subsecs. (c) and (d), are now contained in clause 6(d) of rule X. Provisions formerly appearing in clause 4(e)(1)(B) of rule X, referred to in subsecs. (d)(3) and (i)(4), are now contained in clause 3(a)(2) of rule XI. CODIFICATION Section is comprised of section 803 of Pub. L. 101–194. Subsecs. (a) and (e) to (h) of section 803 amended the Rules of the House of Representatives which are not classified to the Code. ACCEPTANCE OF GIFTS; AMENDMENTS TO ADVISORY OPINIONS Section 801(e) of Pub. L. 101–194 provided that: ‘‘The Committee on Standards of Official Conduct of the House of Representatives shall amend its advisory opinions relating to the acceptance of gifts (1) to prohiibi lodging received as personal hospitality in excess of 30 days in any calendar year from any individual unlees a written waiver is granted by the committee and (2) to exempt gifts of food and beverages consumed not in connection with gifts of lodging from coverage under clause 4 of rule XLIII [now clause 4 of rule XXIII] of the Rules of the House of Representatives.’’ NONCAMPAIGN USE OF CAMPAIGN VEHICLES Section 802(e) of Pub. L. 101–194 provided that: ‘‘The Committee on Standards of Official Conduct of the House of Representatives shall issue an advisory opiniio to provide for appropriate conditions for the incidennta noncampaign use of vehicles owned or leased by a campaign committee of a Member of the House of Representatives.’’ RESTRICTIONS ON REIMBURSABLE TRAVEL EXPENSES Section 805 of Pub. L. 101–194 provided that: ‘‘(a) RESTRICTIONS.—The Committee on Standards of Official Conduct of the House of Representatives shall amend its advisory opinions relating to the acceptance of necessary travel expenses incurred on or after Januaar 1, 1990, in connection with speaking engagements and similar events to— ‘‘(1) prohibit the acceptance of such expenses for more than 4 consecutive days in the case of domestic travel and 7 consecutive days (excluding travel days) in the case of foreign travel; and ‘‘(2) permit the acceptance of travel expenses for the spouse or other family member in connection with any substantial participation event or fact-findiin activity. ‘‘(b) EXEMPTION AUTHORITY.—The Committee on Standards of Official Conduct of the House of Representtative is authorized to grant prior written exempttion from the limitations contained in subsection (a)(1) in exceptional circumstances.’’ § 30. Term of service of Members of Congress as trustees or directors of corporations or instituttion appropriated for In all cases where Members of Congress or Senators are appointed to represent Congress on any board of trustees or board of directors of any corporation or institution to which Congrres makes any appropriation, the term of said Members or Senators, as such trustee or directoor shall continue until the expiration of two months after the first meeting of the Congress chosen next after their appointment. (Mar. 3, 1893, ch. 199, § 1, 27 Stat. 553.) CODIFICATION Section was formerly classified to section 722 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1, Sept. 13, 1982, 96 Stat. 877. § 30a. Jury duty exemption of elected officials of legislative branch (a) Notwithstanding any other provision of Federal, State or local law, no elected official of the legislative branch of the United States Governnmen shall be required to serve on a grand or petit jury, convened by any Federal, State or local court, whether such service is requested by judicial summons or by some other means of compulsion. (b) ‘‘Elected official of the legislative branch’’ shall mean each Member of the United States House of Representatives, the Delegates from the District of Columbia, Guam, the American Virgin Islands, and American Samoa, and the Resident Commissioner from Puerto Rico, and each United States Senator. (Pub. L. 101–520, title III, § 310, Nov. 5, 1990, 104 Stat. 2278.) CODIFICATION Section is from the Legislative Branch Appropriatiion Act, 1991. CHAPTER 3COMPENSATION AND ALLOWANCES OF MEMBERS Sec. 31. Compensation of Members of Congress. 31–1. Repealed. 31–2. Gifts and travel. (a) Gifts. (b) Limits on domestic and foreign travel by Members and staff of Senate. 31a. Repealed. 31a–1. Expense allowance of Majority and Minority Leaders of Senate; expense allowance of Majority and Minority Whips; methods of payment; taxability. 31a–2. Representation Allowance Account for Majoriit and Minority Leaders of Senate.Page 12 TITLE 2—THE CONGRESS § 30a Sec. (a) Establishment; purpose. (b) Payments; allotment; reimbursement for actual expenses; taxability. (c) Authorization of appropriations. 31a–2a. Transfer of funds from representation allowannc of Majority and Minority Leaders of Senate to expense allowance; availability; definitions. 31a–2b. Transfer of funds from appropriations accooun of Majority and Minority Leaders of Senate to appropriations account, Miscellaaneou Items, within Senate contingent fund. (a) Requests for transfers. (b) Authority to incur expenses. (c) Authority to advance sums. 31a–2c. Transfer of funds from appropriations accooun of Majority and Minority Whips of Senate to appropriations account, Miscellaaneou Items, within Senate contingent fund. (a) Requests for transfers. (b) Authority to incur expenses. (c) Authority to advance sums. 31a–3. Expense allowance for Chairmen of Majority and Minority Conference Committees of Senate; method of payment; taxability. 31a–4. Expense allowance for Chairmen of Majority and Minority Policy Committees of Senate; method of payment; taxability. 31b. Expense allowance of Speaker of House of Representatives. 31b–1. Former Speakers of House of Representativves retention of office, furniture, etc., in Congressional district following expiration of term as Representative; exceptions. 31b–2. Allowance available to former Speaker for payment of office and other expenses for administtration etc., of matters pertaining to incumbency in office as Representative and Speaker. 31b–3. Repealed. 31b–4. Franked mail and printing privileges of former Speaker. 31b–5. Staff assistance to former Speaker for administraation etc., of matters pertaining to incumbbenc in office as Representative and Speaker; compensation and status of staff. 31b–6. Repealed. 31b–7. Availability of entitlements of former Speakee for 5 years. 31c. Repealed. 32. Compensation of President pro tempore of Senate. 32a. Compensation of Deputy President pro tempoor of Senate. 32b. Expense allowance of President pro tempore of Senate; methods of payment; taxability. 33. Senators’ salaries. 34. Representatives’ and Delegates’ salaries payabbl monthly. 35. Salaries payable monthly after taking oath. 35a. End-of-the-month salary payment schedule inapplicable to Senators. 36. Salaries of Senators. 36a. Payment of sums due deceased Senators and Senate personnel. 37. Salaries of Representatives, Delegates, and Resident Commissioners elected for unexppire terms. 38. Repealed. 38a. Disposition of unpaid salary and other sums on death of Representative or Resident Commissioner. 38b. Death gratuity payments as gifts. 39. Deductions for absence. 40. Deductions for withdrawal. 40a. Deductions for delinquent indebtedness. 41, 42. Repealed. Sec. 42a. Special delivery postage allowance for Presideen of Senate. 42a–1 to 43b–1. Repealed or Omitted. 43b–2. Staff expenses for House Members attending organizational caucus or conference. 43b–3. Payments and reimbursements for certain House staff expenses. 43c. Repealed. 43d. Organizational expenses of Senator-elect. (a) Appointment of employees by Secrettar of Senate to assist; terminattio of employment. (b) Payment of salaries of appointed employyees funding; maximum amount. (c) Payment of transportation and per diem expenses of Senator-elect and appointed employees for one round trip from home State to Washingtoon D.C. for business of impending Congress; funding; maximum amount. (d) Payment of telegrams, telephone services, and stationery expenses. 44 to 46. Omitted. 46a. Stationery allowance for President of Senate. 46a–1. Senate revolving fund for stationery allowancces availability of unexpended balances; withdrawals. 46a–2 to 46b. Omitted or Repealed. 46b–1. House revolving fund for stationery allowancces disposition of moneys from stationeer sales; availability of unexpended balancces 46b–2 to 46d. Repealed. 46d–1. Long-distance telephone calls for Vice Presideent 46d–2 to 46i. Repealed. 47. Mode of payment. 48. Certification of salary and mileage accounts. 49. Certificate of salary during recess. 50. Substitute to sign certificates for salary and accounts. 51. Monuments to deceased Senators or House Members. 52, 53. Repealed. 54. Annotated United States Code for Members of House of Representatives to be paid for from Members’ Representational Allowannce (a) In general. (b) ‘‘Member of the House of Representativves’ defined. (c) Regulations. 55. United States Code Annotated or United States Code Service; procurement for Senatoors 56. Repealed. 57. Adjustment of House of Representatives allowaance by Committee on House Oversigght (a) In general. (b) Provision specified. (c) ‘‘Member of the House of Representativves’ defined. 57a. Limitation on allowance authority of Committte on House Oversight. (a) In general. (b) Resolution requirement. (c) Provision specified. 57b. Representational allowance for Members of House of Representatives. (a) In general. (b) Merger. (c) ‘‘Member of the House of Representativves’ defined. (d) Regulations. (e) Effective Date. 58. Mail, telegraph, telephone, stationery, office supplies, and home State office and travel expenses for Senators.Page 13 TITLE 2—THE CONGRESS §31 Sec. (a) Authorization for payment from Senaat contingent fund. (b) Limits for authorized expenses; recalculaatio formula. (c), (d) Repealed. (e) Transportation, essential travel-relaate expenses, and per diem expennses coverage; limitations; amounts. (f) Omitted. (g) Closing of deceased Senator’s State offices. (h) Individuals serving on panels or other bodies recommending nominees for Federal judgeships, service academiies United States Attorneys, or United States Marshals. (i) Authorization of Secretary of Senate to pay reimbursable expenses. (j) Advances from Senate contingent fund for travel expenses for official business trips; vouchers; settlemeent 58a. Telecommunications services for Senators; payment of costs out of contingent fund. 58a–1. Payment for telecommunications equipment and services; definitions. 58a–2. Certification of telecommunications equipmeen and services as official. (a) Regulations issued by Committee on Rules and Administration. (b) Equipment and services provided on reimbursable basis. (c) Establishment of reasonable charges. (d) Disposition of moneys received. (e) Committee authority to classify or reclassify equipment and services. 58a–3. Report on telecommunications to Committee on Rules and Administration. 58a–4. Metered charges on copiers; ‘‘Sergeant at Arms’’ and ‘‘user’’ defined; certification of services and equipment as official; deposit of payments; availability for expenditure. 58b. Repealed. 58c. Senators’ Official Personnel and Office Expeens Account. 58c–1. Repealed. 59. Home State office space for Senators; lease of office space. (a) Procurement by Sergeant at Arms of Senate in places designated by Senattor places subject to use; lease of office space. (b) Maximum amount of aggregate square feet for each Senator. (c) Maximum annual rental rate; maximmu aggregate amount for acquisitiio of furniture, equipment, and other office furnishings. (d) Senators subject to maximum amount of aggregate square feet and maximum annual rental rate. (e) Omitted. (f) Mobile office. (g) Effective date. 59–1. Additional home State office space for Senatoors declaration of disaster or emergency. 59a. Repealed. 59b. Purchase of office equipment or furnishings by Senators. (a) Authorization; conditions. (b) Request by Senator and arrangement for purchase by Sergeant at Arms of Senate; regulations governing purchaase price. (c) Remittance of amounts received to General Services Administration; disposition. 59c. Transferred. Sec. 59d. Transportation of official records and papers to House Members’ district. (a) Payment of reasonable expenses from applicable accounts of House; rules and regulations. (b) ‘‘Member of the House of Representativves’ and ‘‘official records and paperrs’ defined. 59e. Official mail of persons entitled to use congresssiona frank. (a) Congressional committee regulations for expenditure of appropriations for official mail. (b) Postmaster General functions. (c) Source of funds for expenses of officiia mail. (d) Maintenance or use of unofficial offiic accounts or defrayal of official expenses from certain funds prohibitted (e) Official Mail Allowance in House of Representatives. (f) Mass mailing; submission of samples or description of proposed mail matteer advisory opinion. (g) ‘‘Member of the House of Representativves’ and ‘‘person entitled to use the congressional frank’’ defined. (h) Omitted. (i) Effective date. 59f. Mass mailings by Senate offices; quarterly statements; publication of summary tabulatioons 59g. Mass mailing of information by Senators under frank; quarterly registration with Secretary of Senate. 59h. Mass mailing sent by House Members. (a) Notice that mailing is at taxpayer expennse (b) Publication of each Member’s total expense and amount. (c) Regulations. (d) Definitions. (e) Applicability. § 31. Compensation of Members of Congress (1) The annual rate of pay for— (A) each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioone from Puerto Rico, (B) the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representativves and (C) the Speaker of the House of Representativves shall be the rate determined for such positions under chapter 11 of this title, as adjusted by paragraph (2) of this section. (2)(A) Subject to subparagraph (B), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of title 5 in the rates of pay under the General Schedule, each annual rate referred to in paragraph (1) shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the percentage of such annual rate which corresppond to the most recent percentage change in the ECI (relative to the date described in thePage 14 TITLE 2—THE CONGRESS §31 next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect. (B) In no event shall the percentage adjustmeen taking effect under subparagraph (A) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5 in the rates of pay under the General Schedule. (Aug. 2, 1946, ch. 753, title VI, § 601(a), 60 Stat. 850; Jan. 19, 1949, ch. 2, § 1(d), 63 Stat. 4; Mar. 2, 1955, ch. 9, § 4(a), 69 Stat. 11; Pub. L. 88–426, title II, § 204, Aug. 14, 1964, 78 Stat. 415; Pub. L. 89–301, § 11(e), Oct. 29, 1965, 79 Stat. 1120; Pub. L. 91–67, § 2, Sept. 15, 1969, 83 Stat. 107; Pub. L. 94–82, title II, § 204(a), Aug. 9, 1975, 89 Stat. 421; Pub. L. 101–194, title VII, § 704(a)(2)(B), Nov. 30, 1989, 103 Stat. 1769; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(4)(D)], Nov. 5, 1990, 104 Stat. 1427, 1439; Pub. L. 103–356, title I, § 101(1), Oct. 13, 1994, 108 Stat. 3410.) REFERENCES IN TEXT The General Schedule, referred to in par. (2), is set out under section 5332 of Title 5, Government Organizatiio and Employees. Section 704(a)(1) of the Ethics Reform Act of 1989, referrre to in par. (2)(A), is section 704(a)(1) of Pub. L. 101–194, which is set out as a note under section 5318 of Title 5. PRIOR PROVISIONS A prior section 31, acts Feb. 26, 1907, ch. 1635, § 4, 34 Stat. 993; Mar. 4, 1925, ch. 549, § 4, 43 Stat. 1301; May 17, 1932, ch. 190, 47 Stat. 158, related to compensation of Members of Congress, prior to enactment of act Aug. 2, 1946. AMENDMENTS 1994—Par. (2). Pub. L. 103–356 designated existing provission as subpar. (A), substituted ‘‘Subject to subparagrrap (B), effective’’ for ‘‘Effective’’, and added subpar. (B). 1990—Par. (2). Pub. L. 101–509 substituted ‘‘5303’’ for ‘‘5305’’. 1989—Par. (2). Pub. L. 101–194 substituted ‘‘the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect’’ for ‘‘the overall average percentage (as set forth in the report transmitted to the Congress under such section 5305) of the adjustment in the rates of pay under the General Schedule’’. 1975—Pub. L. 94–82 designated existing provisions as par. (1), substituted provisions that rate of pay of the specified parties shall be determined under section 351 et seq. of this title, as adjusted by par. (2) for provisiion setting rate of compensation at $42,500 for Senatoors Representatives, Delegates, and Resident Commissiioner $62,500 for Speaker, and $49,500 for President pro tempore of Senate and Majority and Minority Leadeer of House and Senate, and added par. (2). 1969—Pub. L. 91–67 increased compensation of Speakee from $43,000 to $62,500 per annum and compensation of Majority and Minority Leaders of both Houses of Congress from $35,000 to $49,500 per annum, and fixed compensation of President pro tempore of Senate at $49,500 per annum. 1965—Pub. L. 89–301 inserted provisions setting rate of compensation of Majority and Minority Leaders of Senaat and House of Representatives at $35,000 per annum each. 1964—Pub. L. 88–426 increased compensation of Senatoors Representatives and Resident Commissioner from $22,500 to $30,000 per annum and that of Speaker from $35,000 to $43,000 per annum, and eliminated provisiion which related to Delegates from the Territories. 1955—Act Mar. 2, 1955, increased salaries of Senators, Representatives, Delegates, and Resident Commissioone from $12,500 a year to $22,500 and compensation of Speaker from $30,000 to $35,000 a year. 1949—Act Jan. 19, 1949, increased Speaker’s salary from $20,000 per year to $30,000. EFFECTIVE DATE OF 1994 AMENDMENT Section 101 of Pub. L. 103–356 provided that the amendment made by that section is effective Dec. 31, 1994. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of Title 5, Government Organizzatio and Employees. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 704(b) of Pub. L. 101–194, set out as a note under section 5318 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91–67 effective Mar. 1, 1969, see section 3 of Pub. L. 91–67, set out as a note under sectiio 104 of Title 3, The President. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89–301 effective on first day of first pay period which begins on or after October 1, 1965, see section 17 of Pub. L. 89–301. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88–426 effective at noon, Jan. 3, 1965, see section 501(b) of Pub. L. 88–426. EFFECTIVE DATE OF 1955 AMENDMENT Section 5 of act Mar. 2, 1955, provided that: ‘‘The provission of this Act [amending this section, section 104 of Title 3, The President, section 7443 of Title 26, Internna Revenue Code, sections 5, 44, 135, 173, 213, 252, and 508 of Title 28, Judiciary and Judicial Procedure, sectiio 101 of Title 48, Territories and Insular Possessions, and section 654 of Title 50, War and National Defense, and repealing section 31a of this title] shall take effect Mar. 1, 1955.’’ EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Jan. 19, 1949, effective at noon, Jan. 20, 1949, see section 3 of act Jan. 19, 1949. EFFECTIVE DATE Section 601(a) of act Aug. 2, 1946, provided that the salary rates provided by such section 601(a) are effectiiv Jan. 3, 1947. SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–186, § 1(a), Aug. 20, 1996, 110 Stat. 1718, proviide that: ‘‘This Act [see Tables for classification] may be cited as the ‘House of Representatives Administraativ Reform Technical Corrections Act’.’’ SHORT TITLE OF 1964 AMENDMENT Section 201 of title II of Pub. L. 88–426 provided that: ‘‘This title [enacting sections 61a, 61a–2, 61d, 61e, 60e–11,Page 15 TITLE 2—THE CONGRESS §31 84–2, 136a, 136b, and 273 of this title, sections 42a and 51a of former Title 31, Money and Finance, sections 162a, 166b, and 166b–1 of former Title 40, Public Buildings, Property, and Works, and section 39a of former Title 44, Public Printing and Documents, amending this section and section 72a of this title, and enacting provisions set out as notes under this section and sections 60a–1 and 60f of this title] may be cited as the ‘Federal Legislatiiv Salary Act of 1964’.’’ APPROPRIATION OF FUNDS FOR COMPENSATION OF MEMBEER OF CONGRESS AND FOR ADMINISTRATIVE EXPENNSE AT LEVELS AUTHORIZED BY LAW AND RECOMMEENDE BY THE PRESIDENT FOR FEDERAL EMPLOYEEE Pub. L. 97–51, § 130(c), Oct. 1, 1981, 95 Stat. 966, proviide that: ‘‘Effective beginning with fiscal year 1983, and continuing each year thereafter, such sums as hereafter may be necessary for ‘Compensation of Membeers (and administrative expenses related thereto), as authorized by law and at such level recommended by the President for Federal employees for that fiscal year are hereby appropriated from money in the Treasury not otherwise appropriated. Such sums when paid shall be in lieu of any sums accrued in prior years but not paid. For purposes of this subsection, the term ‘Membeer means each Member of the Senate and the House of Representatives, the Resident Commissioner from Puerto Rico, the Delegates from the District of Columbiia Guam, Virgin Islands, and American Samoa, and the Vice President.’’ SALARY INCREASES 2003—Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, set out as a note under section 5332 of Title 5, Government Organization and Employees, provided for the adjustmeen of pay rates effective Jan. 1, 2003. 2002—Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639, which provided for the adjustment of pay rates effectiiv Jan. 1, 2002, was superseded by Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, set out as a note under sectiio 5332 of Title 5. 2001—Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057, which provided for the adjustment of pay rates effective Jan. 1, 2001, was superseded by Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639, formerly set out as a note under section 5332 of Title 5. 2000—Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, which provided for the adjustment of pay rates effectiiv Jan. 1, 2000, was superseded by Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, formerly set out as a note under section 5332 of Title 5. 1999—Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, which provided for the adjustment of pay rates effectiiv Jan. 1, 1999, was substantially superseded by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, formerly set out as a note under section 5332 of Title 5. 1998—Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, which provided for the adjustment of pay rates effectiiv Jan. 1, 1998, was superseded by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, formerly set out as a note under section 5332 of Title 5. 1997—Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, which provided for the adjustment of pay rates effectiiv Jan. 1, 1997, was superseded by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, formerly set out as a note under section 5332 of Title 5. 1996—Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, which provided for the adjustment of pay rates effectiiv Jan. 1, 1996, was superseded by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out as a note under section 5332 of Title 5. 1995—Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, which provided for the adjustment of pay rates effectiiv Jan. 1, 1995, was superseded by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, formerly set out as a note under section 5332 of Title 5. 1994—Pub. L. 103–6, § 7, Mar. 4, 1993, 107 Stat. 35, proviide that: ‘‘(a) COST OF LIVING ADJUSTMENT.—Notwithstanding section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)), the cost of living adjustment (relattin to pay for Members of Congress) which would becoom effective under such provision of law during calennda year 1994 shall not take effect. ‘‘(b) SEVERABILITY.—If any provision of this Act [enacttin provisions set out as notes under sections 1 and 3304 of Title 26, Internal Revenue Code, and section 352 of Title 45, Railroads, and amending provisions set out as notes under section 3304 of Title 26 and section 352 of Title 45], or an amendment made by this Act, or the appliccatio of such provision to any person or circumstaance is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.’’ 1993—Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, which provided for the adjustment of pay rates effectiiv Jan. 1, 1993, was superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees. 1992—Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, which provided for the adjustment of pay rates effectiiv Jan. 1, 1992, was superseded by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, formerly set out as a note under section 5332 of Title 5. 1991—Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which provided for the adjustment of pay rates effectiiv Jan. 1, 1991, was superseded by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly set out as a note under section 5332 of Title 5. 1990—Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which provided for adjustments of pay rates effective Jan. 1, 1990, and Jan. 31, 1990, was superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, formerly set out as a note under section 5332 of Title 5. 1989—Pub. L. 101–194, title VII, § 703(a)(2), Nov. 30, 1989, 103 Stat. 1768, set out as a note under section 5318 of Title 5, provided that effective Jan. 1, 1991, the rate of basic pay for the offices and positions under 2 U.S.C. 356(A) and (B) shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), except that this shall not affect the rate of basic pay for a Senator, the President pro tempore of the Senate, or the majority leader or the minority leader of the Senate. Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which proviide for the adjustment of pay rates effective Jan. 1, 1989, was superseded by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out as a note under section 5332 of Title 5. 1988—Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided for the adjustment of pay rates effectiiv Jan. 1, 1988, was superseded by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under section 5332 of Title 5. 1987—Salary of Speaker of House of Representatives increased to $115,000 per annum; salaries of President pro tempore of Senate, majority leader and minority leader of Senate, and majority leader and minority leader of House of Representatives increased to $99,500 per annum; and salaries of Senators, Members of House of Representatives, Delegates to House of Representativves and Resident Commissioner from Puerto Rico increease to $89,500 per annum, on recommendation of the President of the United States, effective Mar. 1, 1987, set out as a note under section 358 of this title. Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which proviide for the adjustment of pay rates effective Jan. 1, 1987, was superseded by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under section 5332 of Title 5, Government Organization and Employeees 1985—Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for the adjustment of pay rates effectiiv Jan. 1, 1985, was superseded by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note under section 5332 of Title 5.Page 16 TITLE 2—THE CONGRESS § 311 1 So in original. Probably should be followed by a comma. 1984—Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, which provided for the adjustment of pay rates effectiiv Jan. 1, 1984, was superseded by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under section 5332 of Title 5. 1983—Pub. L. 98–63, title I, § 908(d), (f), July 30, 1983, 97 Stat. 338, which provided that, effective with respect to service as a Member performed on or after July 1, 1983, and notwithstanding any other provision of law, in the case of a Member serving in office or position of Senattor President pro tempore of Senate, Majority Leader of Senate, or Minority Leader of Senate during a calennda year, the annual rate of pay paid to such Member for such service would not be less than the annual rate of pay payable for such position on Dec. 17, 1982, increease by 15 percent and rounded in accordance with section 5318 of Title 5, was repealed by Pub. L. 102–90, title I, § 6(c), Aug. 14, 1991, 105 Stat. 451. 1982—Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which provided for the adjustment of pay rates effectiiv Oct. 1, 1982, was superseded by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, formerly set out as a note under section 5332 of Title 5. Maximum rates payable after Dec. 17, 1982, increased from $60,662.50, $68,575.00, and $79,125.00 to $69,800.00, $78,900.00, and $91,000.00, respectively, except for Senatoors see Pub. L. 97–377, title I, § 129(b)–(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under section 5318 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salaar or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of Pub. L. 97–276, as amended, set out as a note under section 5318 of Title 5. 1981—Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which provided for the adjustment of pay rates effectiiv Oct. 1, 1981, was superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note under section 5332 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salaar or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of Pub. L. 97–92, set out as a note under section 5318 of Title 5. 1980—Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, which provided for the adjustment of pay rates effectiiv Oct. 1, 1980, was superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under section 5332 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salaar or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101(c) of Pub. L. 96–536, as amended, set out as a note under section 5318 of Title 5. 1979—Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58761, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, which provided for the adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under section 5332 of Title 5. Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95–391 on use of funds to pay the salary or pay of any individual in legislative, executive, or judiccia branch in position equal to or above Level V of the Executive Schedule, see section 101 of Pub. L. 96–86, set out as a note under section 5318 of Title 5. 1978—Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, which provided for the adjustment of pay rates effectiiv Oct. 1, 1978, was superseded by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, formerly set out as a note under section 5332 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salaar or pay of any individual in legislative, executive, or judicial branch in position equal or above Level V of the Executive Schedule, see section 304 of Pub. L. 95–391 and section 613 of Pub. L. 95–429, set out as a note under section 5318 of Title 5. 1977—Salary of Speaker of House of Representatives increased to $75,000 per annum; salaries of President pro tempore of Senate, majority leader and minority leader of Senate, and majority leader and minority leader of House of Representatives increased to $65,000 per annum; and salaries of Senators, Members of House of Representatives, Delegate to House of Representatiive and Resident Commissioner from Puerto Rico increease to $57,500 per annum, on recommendation of the President of the United States effective at the beginniin of the first pay period beginning after the 30th day following Jan. 17, 1977, set out as a note under section 358 of this title. Pub. L. 95–66, § 1(2), July 11, 1977, 91 Stat. 270, set out as a note under section 5318 of Title 5, Government Organizzatio and Employees, provided that the first adjusttmen which, but for the enactment of Pub. L. 95–66, would have been made in the annual rate of pay for Members of Congress under paragraph (2) of this sectiio after July 11, 1977, would not take effect. 1976—Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, which provided for the adjustment of pay rates effective Oct. 1, 1976, was superseded by Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, formerly set out as a note under section 5332 of Title 5. 1975—Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, which provided for the adjustment of pay rates effectiiv Oct. 1, 1975, was superseded by Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, formerly set out as a note under section 5332 of Title 5. 1969—Salaries of Senators, Members of House of Representtatives and Resident Commissioner from Puerto Rico increased to $42,500, on recommendation of the President of the United States, effective at beginning of first pay period beginning after the 30th day followiin Jan. 15, 1969, set out as a note under section 358 of this title. COMMISSION ON JUDICIAL AND CONGRESSIONAL SALARIES Act Aug. 7, 1953, ch. 353, 67 Stat. 485, which establisshe a Commission to determine appropriate rates of salaries for justices and judges of courts of United States and for Vice President, Speaker of House of Representtatives and Members of Congress, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 657. § 311. Repealed. Pub. L. 10290, title I, § 6(c), Aug. 14, 1991, 105 Stat. 451 Section, Pub. L. 98–63, title I, § 908(a)–(c), July 30, 1983, 97 Stat. 337, 338; Pub. L. 99–190, § 137, Dec. 19, 1985, 99 Stat. 1323; Pub. L. 101–194, title VI, § 601(b)(2), title XI, § 1101(b), Nov. 30, 1989, 103 Stat. 1762, 1782; Pub. L. 101–280, § 7(b)(2)[(d)(2)], May 4, 1990, 104 Stat. 161, related to maximum amount of honoraria which could be acceppte by Members of Congress. § 312. Gifts and travel (a) Gifts (1) No Member, officer, or employee of the Senate, or the spouse or dependent thereof, shall knowingly accept, directly or indirectly, any gift or gifts in any calendar year aggregating more than the minimal value as established by section 7342(a)(5) of title 5 or $250, whichever is greater 1 from any person, organization, or corPage 17 TITLE 2—THE CONGRESS § 312 2 See References in Text note below. 3 So in original. Probably should be capitalized. 4 So in original. The comma probably should not appear. 5 So in original. The semicolon probably should be a comma. poration unless, in an unusual case, a waiver is granted by the Select Committee on Ethics. (2) The prohibitions of this subsection do not apply to gifts— (A) from relatives; (B) with a value of $100 or less, as adjusted under section 102(a)(2)(A) of the Ethics in Governnmen Act of 1978; or (C) of personal hospitality of an individual. (3) For purposes of this subsection— (A) the term ‘‘gift’’ means a payment, subscripption advance, forbearance, rendering, or deposit of money, services, or anything of value, including food, lodging, transportation, or entertainment, and reimbursement for other than necessary expenses, unless consideraatio of equal or greater value is received, but does not include (1) a political contributiio otherwise reported as required by law, (2) a loan made in a commercially reasonable manner (including requirements that the loan be repaid and that a reasonable rate of interees be paid), (3) a bequest, inheritance, or other transfer at death, (4) a bona fide award presented in recognition of public service and available to the general public, (5) a reception at which the Member, officer, or employee is to be honored, provided such individual receiive no other gifts that exceed the restrictiion in this rule, other than a suitable memennto (6) meals or beverages consumed or enjoyyed provided the meals or beverages are not consumed or enjoyed in connection with a gift of overnight lodging, or (7) anything of value given to a spouse or dependent of a reporting individual by the employer of such spouse or dependent in recognition of the service proviide by such spouse or dependent; and (B) the term ‘‘relative’’ has the same meaniin given to such term in section 107(2) of title I of the Ethics in Government Act of 1978 (Public Law 95–521).2 (4) If a Member, officer, or employee, after exerciisin reasonable diligence to obtain the informattio necessary to comply with this rule, unknowwingl accepts a gift described in paragraph (1) such Member, officer, or employee shall, upon learning of the nature of the gift and its source, return the gift or, if it is not possible to return the gift, reimburse the donor for the value of the gift. (5)(A) Notwithstanding the provisions of this subsection, a Member, officer, or employee of the Senate may participate in a program, the principal objective of which is educational, sponsored by a foreign government or a foreign educational or charitable organization involving travel to a foreign country paid for by that foreiig government or organization if such participattio is not in violation of any law and if the select 3 Committee on Ethics has determined that participation in such program by Members, officers, or employees of the Senate is in the interrest of the Senate and the United States. (B) Any Member who accepts an invitation to participate in any such program shall notify the Select Committee in writing of his acceptance. A Member shall also notify the Select Committte in writing whenever he has permitted any offiice or employee whom he supervises to participaat in any such program. The chairman of the Select Committee shall place in the Congressioona Record a list of all individuals,4 participatting the supervisors of such individuals where applicable; 5 and the nature and itinerary of such program. (C) No Member, officer, or employee may acceep funds in connection with participation in a program permitted under subparagraph (A) if such funds are not used for necessary food, lodginng transportation, and related expenses of the Member, officer, or employee. (b) Limits on domestic and foreign travel by Members and staff of Senate The term ‘‘necessary expenses’’, with respect to limits on domestic and foreign travel by Members and staff of the Senate, means reasonabbl expenses for food, lodging, or transportattio which are incurred by a Member, officer, or employee of the Senate in connection with services provided to (or participation in an event sponsored by) the organization which proviide reimbursement for such expenses or which provides the food, lodging, or transportation direcctly Necessary expenses do not include the provision of food, lodging, or transportation, or the payment for such expenses, for a continuous period in excess of 3 days exclusive of travel time within the United States or 7 days exclusiiv of travel time outside of the United States unless such travel is approved by the Committee on Ethics as necessary for participation in a conference, seminar, meeting or similar matter. Necessary expenses do not include the provision of food, lodging, or transportation, or the paymeen for such expenses, for anyone accompanyiin a Member, officer, or employee of the Senatte other than the spouse or child of such Membeer officer, or employee of the Senate or one Senate employee acting as an aide to a Member. (Pub. L. 101–194, title IX, § 901, Nov. 30, 1989, 103 Stat. 1778; Pub. L. 101–280, § 8, May 4, 1990, 104 Stat. 162; Pub. L. 102–90, title III, § 314(c), Aug. 14, 1991, 105 Stat. 470.) REFERENCES IN TEXT Section 102(a)(2)(A) of the Ethics in Government Act of 1978, referred to in subsec. (a)(2)(B), is section 102(a)(2)(A) of title I of Pub. L. 95–521, as amended. Sectiio 102 was classified to section 702 of this title prior to the general amendment of title I of Pub. L. 95–521 by Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1724. Title I of Pub. L. 95–521, as so amended, is set out in the Appendix to Title 5, Government Organization and Employyees Section 107(2) of title I of the Ethics in Government Act of 1978 (Public Law 95–521), referred to in subsec. (a)(3)(B), was classified to section 707(2) of this title prior to the general amendment of title I of Pub. L. 95–521 by Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1724. Title I of Pub. L. 95–521, as so amended, is set out in the Appendix to Title 5, and the definition of ‘‘relative’’ is contained in section 109(16) of Pub. L. 95–521. AMENDMENTS 1991—Subsec. (a)(1). Pub. L. 102–90, § 314(c)(1)–(3), redesiggnate par. (2) as (1), substituted ‘‘in any calendarPage 18 TITLE 2—THE CONGRESS § 31a year aggregating more than the minimal value as establlishe by section 7342(a)(5) of title 5 or $250, whichevve is greater’’ for ‘‘having an aggregate value exceediin $300 during a calendar year’’, and struck out former par. (1) which read as follows: ‘‘No Member, officer, or employee of the Senate, or the spouse or dependent thereof, shall knowingly accept, directly or indirectly, any gift or gifts having an aggregate value exceeding $100 during a calendar year directly or indirectly from any person, organization, or corporation having a direec interest in legislation before the Congress or from any foreign national unless, in an unusual case, a waivee is granted by the Select Committee on Ethics.’’ Subsec. (a)(2). Pub. L. 102–90, § 314(c)(2), (4), redesignaate par. (5) as (2) and, in subpar. (B), substituted ‘‘$100 or less, as adjusted under section 102(a)(2)(A) of the Ethics in Government Act of 1978’’ for ‘‘less than $75’’. Former par. (2) redesignated (1). Subsec. (a)(3). Pub. L. 102–90, § 314(c)(5), redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: ‘‘the term ‘foreign national’ means a person acting direcctl or indirectly on behalf of a foreign corporation, partnership, or business enterprise, a foreign trade, culturral educational, or other association, a foreign politicca party, or a foreign government;’’. Pub. L. 102–90, § 314(c)(1), (2), redesignated par. (6) as (3) and struck out former par. (3) which read as follows: ‘‘In determining the aggregate value of any gift or gifts accepted by an individual during a calendar year from any person, organization, or corporation, there may be deducted the aggregate value of gifts (other than gifts described in paragraph (5)) given by such individual to such person, organization, or corporation during that calendar year.’’ Subsec. (a)(4). Pub. L. 102–90, § 314(c)(1), (2), redesignaate par. (7) as (4) and struck out former par. (4) which read as follows: ‘‘For purposes of this subsection, only the following shall be deemed to have a direct interest in legislation before the Congress: ‘‘(A) a person, organization, or corporation registtere under the Federal Regulation of Lobbying Act of 1946, or any successor statute, a person who is an officer or director of such a registered lobbyist, or a person who has been employed or retained by such a registered lobbyist for the purpose of influencing legislaatio before the Congress; or ‘‘(B) a corporation, labor organization, or other organizzatio which maintains a separate segregated fund for political purposes (within the meaning of section 441b of this title), a person who is an officer or director of such corporation, labor organization, or other organization, or a person who has been emplooye or retained by such corporation, labor organizattion or other organization for the purpose of influenccin legislation before the Congress.’’ Subsec. (a)(5) to (8). Pub. L. 102–90, § 314(c)(2), redesignaate pars. (5) to (8) as (2) to (5), respectively. 1990—Subsec. (a)(5)(D). Pub. L. 101–280, § 8(1)(A), struck out subpar. (D) which read as follows: ‘‘from an individual who is a foreign national if that individual is not acting; directly or indirectly, on behalf of a foreiig corporation, partnership or business enterprise, a foreign trade, cultural, educational or other associatiion a foreign political party or a foreign governmennt.’ Subsec. (a)(6)(A) to (C). Pub. L. 101–280, § 8(1)(B), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively. Subsec. (b). Pub. L. 101–280, § 8(2), substituted ‘‘or child of such Member’’ for ‘‘of a Member’’ and struck out ‘‘(and 2 nights)’’ after ‘‘of 3 days’’ and ‘‘(and 6 nights)’’ after ‘‘or 7 days’’. EFFECTIVE DATE OF 1991 AMENDMENT Section 314(g) of Pub. L. 102–90, as amended by Pub. L. 102–378, § 4(c), Oct. 2, 1992, 106 Stat. 1358, provided that: ‘‘(1) The amendments made by subsections (b) through (f) [amending this section, section 505 of the Ethics in Government Act of 1978, Pub. L. 95–521, set out in the Appendix to Title 5, Government Organizatiio and Employees, and section 7701 of Title 26, Internna Revenue Code] shall take effect on January 1, 1992. ‘‘(2) The amendment made by subsection (a) [amendiin section 102 of the Ethics in Government Act of 1978, Pub. L. 95–521, set out in the Appendix to Title 5] shall take effect on January 1, 1993.’’ [Amendment by Pub. L. 102–378 to section 314(g) of Pub. L. 102–90, set out above, effective Dec. 31, 1991, see section 9(b)(1) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under section 6303 of Title 5.] § 31a. Repealed. Mar. 2, 1955, ch. 9, § 4(b), 69 Stat. 11, eff. Mar. 1, 1955 Section, acts Aug. 2, 1946, ch. 753, title VI, § 601(b), 60 Stat. 850; Oct. 20, 1951, ch. 521, title VI, § 619(d), 65 Stat. 570, related to expense allowance for Senators, Representtatives Delegates, and Resident Commissioner. § 31a1. Expense allowance of Majority and Minorrit Leaders of Senate; expense allowance of Majority and Minority Whips; methods of payment; taxability Effective fiscal year 1978 and each fiscal year thereafter, the expense allowances of the Majoriit and Minority Leaders of the Senate are increease to $10,000 each fiscal year for each leadeer Provided, That, effective with the fiscal year 1983 and each fiscal year thereafter, the expense allowance of the Majority and Minority Whips of the Senate shall not exceed $5,000 each fiscal year for each Whip: Provided further, That, duriin the period beginning on January 3, 1977, and ending September 30, 1977, and during each fiscal year thereafter, the Vice President, the Majoriit Leader, the Minority Leader, the Majority Whip, and the Minority Whip may receive the expense allowance (a) as reimbursement for actuua expenses incurred upon certification and documentation of such expenses by the Vice President, the respective Leader or the respectiiv Whip, or (b) in equal monthly payments: Provided further, That effective January 3, 1977, the amounts paid to the Vice President, the Majorrit or Minority Leader of the Senate, or the Majority or Minority Whip of the Senate as reimburrsemen of actual expenses incurred upon certification and documentation pursuant to the second proviso of this section shall not be reporrte as income, and the expenses so reimburrse shall not be allowed as a deduction, under title 26. (Pub. L. 95–26, title I, May 4, 1977, 91 Stat. 79; Pub. L. 95–94, title I, § 109, Aug. 5, 1977, 91 Stat. 661; Pub. L. 95–355, title I, Sept. 8, 1978, 92 Stat. 532; Pub. L. 98–63, title I, § 101, July 30, 1983, 97 Stat. 333; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) CODIFICATION Section is based on the three provisos in paragraph under heading ‘‘Expense Allowances of the Vice Presideent Majority and Minority Leaders and Majority and Minority Whips’’ in the appropriation for the Senate in the Supplemental Appropriations Act, 1977 (Pub. L. 95–26), and section 109 of the Congressional Operations Appropriation Act, 1978, which is title I of the Legislatiiv Branch Appropriation Act, 1978 (Pub. L. 95–94), and subsequent acts cited in the credits to this section. AMENDMENTS 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’,Page 19 TITLE 2—THE CONGRESS § 31a2b which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. 1983—Pub. L. 98–63 substituted provisions increasing allowances for each Whip to $5,000 each fiscal year, effecctiv fiscal year 1983 and each fiscal year thereafter, for provisions authorizing not to exceed $2,500 each fiscca year for each Whip, effective Apr. 1, 1977. 1978—Pub. L. 95–355 substituted provisions increasing allowances for each leader to $10,000 each fiscal year, effective fiscal year 1978 and each fiscal year thereaftter for provisions authorizing not to exceed $5,000 each fiscal year for each leader, effective with fiscal year 1977 and each fiscal year thereafter. § 31a2. Representation Allowance Account for Majority and Minority Leaders of Senate (a) Establishment; purpose There is hereby established an account, within the Senate, to be known as the ‘‘Representation Allowance Account for the Majority and Minoriit Leaders’’. Such Allowance Account shall be used by the Majority and Minority Leaders of the Senate to assist them properly to discharge their appropriate responsibilities in the United States to members of foreign legislative bodies and prominent officials of foreign governments and intergovernmental organizations. (b) Payments; allotment; reimbursement for actuua expenses; taxability Payments authorized to be made under this section shall be paid by the Secretary of the Senate. Of the funds available for expenditure from such Allowance Account for any fiscal year, one-half shall be allotted to the Majority Leader and one-half shall be allotted to the Minorrit Leader. Amounts paid from such Allowannc Account to the Majority or Minority Leadee shall be paid to him from his allotment and shall be paid to him only as reimbursement for actual expenses incurred by him and upon certificcatio and documentation of such expenses. Amounts paid to the Majority or Minority Leadee pursuant to this section shall not be reported as income and shall not be allowed as a deductiio under title 26. (c) Authorization of appropriations There are authorized to be appropriated for each fiscal year (commencing with the fiscal year ending September 30, 1985) not more than $20,000 to the Allowance Account established by this section. (Pub. L. 99–88, title I, § 197, Aug. 15, 1985, 99 Stat. 350.) CODIFICATION Section is from the Supplemental Appropriations Act, 1985. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 31a–2a of this title. § 31a2a. Transfer of funds from representation allowance of Majority and Minority Leaders of Senate to expense allowance; availability; definitions (a) The Secretary of the Senate shall, upon the written request of the Majority or Minority Leader of the Senate, transfer from any availabbl funds in such Leader’s allotment in the Leader’s Representation Allowance (as defined in subsection (b)(1) of this section) for any fiscal year (commencing with the fiscal year ending September 30, 1985) to such Leader’s Expense Allowwanc (as defined in subsection (b)(2) of this section) to such year such amount as is specified in the request. Any funds so transferred for any fiscal year at the request of either such Leader shall be available to such Leader for such year for the same purposes as, and in like manner and subject to the same conditions as, are other funds which are available to him for such year as his expense allowance as Majority or Minoriit Leader. (b)(1) The term ‘‘Leader’s Representation Allowaance’ means the Representation Allowance Account for the Majority and Minority Leaders established by section 31a–2 of this title. (2) The term ‘‘Leader’s Expense Allowance’’, when used in reference to the Majority or Minorrit Leader of the Senate, refers to the moneey available, for any fiscal year, to such Leader as an expense allowance and the appropriation account from which such moneys are funded. (Pub. L. 100–71, title I, § 1, July 11, 1987, 101 Stat. 422.) CODIFICATION Section is from the Supplemental Appropriations Act, 1987. § 31a2b. Transfer of funds from appropriations account of Majority and Minority Leaders of Senate to appropriations account, Miscellaaneou Items, within Senate contingent fund (a) Requests for transfers Upon the written request of the Majority or Minority Leader of the Senate, the Secretary of the Senate shall transfer during any fiscal year, from the appropriations account appropriated under the headings ‘‘Salaries, Officers and Employyees’ and ‘‘Offices of the Majority and Minorrit Leaders’’, such amount as either Leader shall specify to the appropriations account, within the contingent fund of the Senate, ‘‘Miscellaaneou Items’’. (b) Authority to incur expenses The Majority and Minority Leaders of the Senate are each authorized to incur such expennse as may be necessary or appropriate. Expennse incurred by either such leader shall be paid from the amount transferred pursuant to subsection (a) of this section by such leader and upon vouchers approved by such leader. (c) Authority to advance sums The Secretary of the Senate is authorized to advance such sums as may be necessary to defrra expenses incurred in carrying out subsecttion (a) and (b) of this section. (Pub. L. 102–27, title II, Apr. 10, 1991, 105 Stat. 144.) CODIFICATION Section is from the Dire Emergency Supplemental Appropriations for Consequences of Operation Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation Administration, Veterans Compensation and Pensions, and Other Urgent Needs Act of 1991.Page 20 TITLE 2—THE CONGRESS § 31a2c § 31a2c. Transfer of funds from appropriations account of Majority and Minority Whips of Senate to appropriations account, Miscellaaneou Items, within Senate contingent fund (a) Requests for transfers Upon the written request of the Majority or Minority Whip of the Senate, the Secretary of the Senate shall transfer during any fiscal year, from the appropriations account appropriated under the headings ‘‘SALARIES, OFFICERS AND EMPLOYEES’’ and ‘‘OFFICES OF THE MAJORITY AND MINORITY WHIPS’’, such amount as either whip shall specify to the appropriations account, within the contingent fund of the Senate, ‘‘MISCELLAANEOU ITEMS’’. (b) Authority to incur expenses The Majority and Minority Whips of the Senaat are each authorized to incur such expenses as may be necessary or appropriate. Expenses incurred by either such whip shall be paid from the amount transferred pursuant to subsection (a) of this section by such whip and upon voucheer approved by such whip. (c) Authority to advance sums The Secretary of the Senate is authorized to advance such sums as may be necessary to defrra expenses incurred in carrying out subsecttion (a) and (b) of this section. (Pub. L. 105–55, title I, § 2, Oct. 7, 1997, 111 Stat. 1180.) CODIFICATION Section is from the Congressional Operations Appropriaation Act, 1998, which is title I of the Legislative Branch Appropriations Act, 1998. § 31a3. Expense allowance for Chairmen of Majorrit and Minority Conference Committees of Senate; method of payment; taxability For each fiscal year (commencing with the fiscca year ending September 30, 1985), there is hereby authorized an expense allowance for the Chairmen of the Majority and Minority Conferrenc Committees which shall not exceed $3,000 each fiscal year for each such Chairman; and amounts from such allowance shall be paid to either of such Chairmen only as reimbursemeen for actual expenses incurred by him and upon certification and documentation of such expenses, and amounts so paid shall not be reporrte as income and shall not be allowed as a deduction under title 26. (Pub. L. 99–88, title I, Aug. 15, 1985, 99 Stat. 348.) CODIFICATION Section is from the Supplemental Appropriations Act, 1985. § 31a4. Expense allowance for Chairmen of Majorrit and Minority Policy Committees of Senate; method of payment; taxability For each fiscal year (commencing with the fiscca year ending September 30, 2001), there is authorrize an expense allowance for the Chairmen of the Majority and Minority Policy Committees which shall not exceed $3,000 each fiscal year for each such Chairman; and amounts from such allowwanc shall be paid to either of such Chairmen only as reimbursement for actual expenses incurrre by him and upon certification and documenttatio of such expenses, and amounts so paid shall not be reported as income and shall not be allowed as a deduction under title 26. (Pub. L. 106–554, § 1(a)(2) [title I, § 5], Dec. 21, 2000, 114 Stat. 2763, 2763A–97.) CODIFICATION Section is from the Congressional Operations Appropriaation Act, 2001, which is title I of the Legislative Branch Appropriations Act, 2001. § 31b. Expense allowance of Speaker of House of Representatives There shall be paid to the Speaker of the House of Representatives in equal monthly installlment an expense allowance of $10,000 per annum to assist in defraying expenses relating to or resulting from the discharge of his official duties, for which no accounting, other than for income tax purposes, shall be made by him. (Jan. 19, 1949, ch. 2, § 1(e), 63 Stat. 4; Oct. 20, 1951, ch. 521, title VI, § 619(c), 65 Stat. 570; Pub. L. 104–186, title II, § 203(1), Aug. 20, 1996, 110 Stat. 1725.) AMENDMENTS 1996—Pub. L. 104–186 struck out ‘‘(which shall be in lieu of the allowance provided by section 601(b) of the Legislative Reorganization Act of 1946, as amended)’’ after ‘‘per annum’’. 1951—Act Oct. 20, 1951, made Speaker’s expense allowannc taxable. EFFECTIVE DATE OF 1951 AMENDMENT Amendment by act Oct. 20, 1951, effective at noon, Jan. 3, 1953, see section 619(e) of act Oct. 20, 1951, set out as a note under section 102 of Title 3, The President. EFFECTIVE DATE Section effective at noon, Jan. 20, 1949, see section 3 of act Jan. 19, 1949. § 31b1. Former Speakers of House of Representatiives retention of office, furniture, etc., in Congressional district following expiration of term as Representative; exceptions (a) Each former Speaker of the House of Representtative (hereafter referred to in sections 31b–1 to 31b–7 of this title as the ‘‘Speaker’’) is entitled to retain, for as long as he determines there is need therefor, commencing at the expirattio of his term of office as a Representative in Congress the complete and exclusive use of one office selected by him in order to facilitate the administration, settlement, and conclusion of matters pertaining to or arising out of his incumbbenc in office as a Representative in Congrres and as Speaker of the House of Representatiives Such office shall be located in the United States and shall be furnished and maintained by the Government in a condition appropriate for his use. (b) Sections 31b–1 to 31b–7 of this title shall not apply with respect to any former Speaker of the House of Representatives for any period duriin which such former Speaker holds an appoinntiv or elective office or position in or under the Federal Government or the government ofPage 21 TITLE 2—THE CONGRESS § 31b2 the District of Columbia to which is attached a rate of pay other than a nominal rate or to any former Speaker separated from the service by reason of expulsion from the House. (Pub. L. 91–665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93–532, § 1, Dec. 22, 1974, 88 Stat. 1723; Pub. L. 99–225, Dec. 28, 1985, 99 Stat. 1743.) CODIFICATION Subsection (a) of this section is based on section 1 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, which was enacted into permanent law by Pub. L. 91–665. Subsection (b) of this section is based on section 1(b) of Pub. L. 93–532. As originally enacted into permanent law, section appllie to Speaker of House of Representatives in 91st Congress and has been extended to apply to each former Speaker of House of Representatives. See section 1(a) of Pub. L. 93–532, set out as a note under this section. AMENDMENTS 1985—Subsec. (a). Pub. L. 99–225 substituted ‘‘one offiic selected by him in order to facilitate the administrattion settlement, and conclusion of matters pertainiin to or arising out of his incumbency in office as a Representative in Congress and as Speaker of the House of Representatives. Such office shall be located in the United States and shall be furnished and maintaiine by the Government in a condition appropriate for his use’’ for ‘‘the Federal office space which is currenntl made available for his use in the congressional district represented by him and which shall be maintaiine by the Government in a condition appropriate for his use as he may request, together with all furnitture equipment, and furnishings currently made available by the Government for his use in connection with such office space, including any necessary replacemeent of such office furniture, equipment, and furnishinngs in order to facilitate the administration, settlemeent and conclusion of matters pertaining to or arisiin out of his incumbency in office as a Representative in Congress and as Speaker of the House of Representativees’’ EFFECTIVE DATE Section 7 of House Resolution No. 1238, Ninety-first