01 USC
TITLE 1 -- GENERAL PROVISIONS
01 USC THE CODE OF LAWS OF THE UNITED STATES
TITLE 1 -- GENERAL PROVISIONS
01 USC OF AMERICA
TITLE 1 -- GENERAL PROVISIONS
01 USC TITLE 1 -- GENERAL PROVISIONS
TITLE 1 -- GENERAL PROVISIONS
1, 61 Stat. 633
Chap. Sec.
1. Rules of construction 1
2. Acts and resolutions; formalities of enactment; repeals;
sealing of instruments 101
3. Code of Laws of United States and Supplements; District of
Columbia Code and Supplements 201
This title has been made positive law by section 1 of act July 30,
1947, ch. 388, 61 Stat. 633, which provided in part that: ''Title 1
of the United States Code entitled 'General Provisions', is codified and
enacted into positive law and may be cited as '1 U. S. C., ---- .'''
Section 2 of act July 30, 1947, provided that the sections or parts
thereof of the Statutes at Large or the Revised Statutes covering
provisions codified in this Act are repealed insofar as the provisions
appeared in former Title 1, and provided that any rights or liabilities
now existing under the repealed sections or parts thereof shall not be
affected by the repeal.
Section 23 of act June 25, 1948, ch. 646, 62 Stat. 990, provided
that: ''All Acts of Congress referring to writs of error shall be
construed as amended to the extent necessary to substitute appeal for
writ of error.''
01 USC CHAPTER 1 -- RULES OF CONSTRUCTION
TITLE 1 -- GENERAL PROVISIONS
Sec.
1. Words denoting number, gender, etc. /1/
2. ''County'' as including ''parish'', etc. /1/
3. ''Vessel'' as including all means of water transportation.
4. ''Vehicle'' as including all means of land transportation.
5. ''Company'' or ''association'' as including successors and
assigns.
6. Limitation of term ''products of American fisheries.''
/1/ So in original. Does not conform to section catchline.
01 USC 1. Words denoting number, gender, and so forth
TITLE 1 -- GENERAL PROVISIONS
In determining the meaning of any Act of Congress, unless the context
indicates otherwise --
words importing the singular include and apply to several persons,
parties, or things;
words importing the plural include the singular;
words importing the masculine gender include the feminine as well;
words used in the present tense include the future as well as the
present;
the words ''insane'' and ''insane person'' and ''lunatic'' shall
include every idiot, lunatic, insane person, and person non compos
mentis;
the words ''person'' and ''whoever'' include corporations, companies,
associations, firms, partnerships, societies, and joint stock companies,
as well as individuals;
''officer'' includes any person authorized by law to perform the
duties of the office;
''signature'' or ''subscription'' includes a mark when the person
making the same intended it as such;
''oath'' includes affirmation, and ''sworn'' includes affirmed;
''writing'' includes printing and typewriting and reproductions of
visual symbols by photographing, multigraphing, mimeographing,
manifolding, or otherwise.
(July 30, 1947, ch. 388, 61 Stat. 633; June 25, 1948, ch. 645, 6, 62
Stat. 859; Oct. 31, 1951, ch. 655, 1, 65 Stat. 710.)
1951 -- Act Oct. 31, 1951, substituted, in fourth clause after
opening clause, ''used'' for ''use''.
1948 -- Act June 25, 1948, included ''tense'', ''whoever'',
''signature'', ''subscription'', ''writing'' and a broader definition of
''person''.
Section 48 of Pub. L. 86-70, June 25, 1959, 73 Stat. 154, provided
that: ''Whenever the phrase 'continental United States' is used in any
law of the United States enacted after the date of enactment of this Act
(June 25, 1959), it shall mean the 49 States on the North American
Continent and the District of Columbia, unless otherwise expressly
provided.''
Affirmation in lieu of oath, see rule 43, Title 28, Appendix,
Judiciary and Judicial Procedure.
Internal Revenue Code definitions, see section 7701 of Title 26,
Internal Revenue Code.
Person as including associations, see section 1401 of Title 19,
Customs Duties; section 801 of Title 46, Appendix, Shipping; section
30 of Title 47, Telegraphs, Telephones, and Radiotelegraphs.
30 sections 1511, 1531; title 31 section 5312;
title 32 section 101; title 37 section 101; title 39
section 5215; title 49 section 10102.
01 USC 2. ''County'' as including ''parish'', and so forth
TITLE 1 -- GENERAL PROVISIONS
The word ''county'' includes a parish, or any other equivalent
subdivision of a State or Territory of the United States.
(July 30, 1947, ch. 388, 61 Stat. 633.)
12 section 3702; title 32 section 101; title
37 section 101.
01 USC 3. ''Vessel'' as including all means of water transportation
TITLE 1 -- GENERAL PROVISIONS
The word ''vessel'' includes every description of watercraft or other
artificial contrivance used, or capable of being used, as a means of
transportation on water.
(July 30, 1947, ch. 388, 61 Stat. 633.)
32 section 101; title 37 section 101; title 46
section 2101; title 46 App. section 1241o.
01 USC 4. ''Vehicle'' as including all means of land transportation
TITLE 1 -- GENERAL PROVISIONS
The word ''vehicle'' includes every description of carriage or other
artificial contrivance used, or capable of being used, as a means of
transportation on land.
(July 30, 1947, ch. 388, 61 Stat. 633.)
32 section 101; title 37 section 101.
01 USC 5. ''Company'' or ''association'' as including successors and
assigns
TITLE 1 -- GENERAL PROVISIONS
The word ''company'' or ''association'', when used in reference to a
corporation, shall be deemed to embrace the words ''successors and
assigns of such company or association'', in like manner as if these
last-named words, or words of similar import, were expressed.
(July 30, 1947, ch. 388, 61 Stat. 633.)
32 section 101; title 37 section 101.
01 USC 6. Limitation of term ''products of American fisheries''
TITLE 1 -- GENERAL PROVISIONS
Wherever, in the statutes of the United States or in the rulings,
regulations, or interpretations of various administrative bureaus and
agencies of the United States there appears or may appear the term
''products of American fisheries'' said term shall not include fresh or
frozen fish fillets, fresh or frozen fish steaks, or fresh or frozen
slices of fish substantially free of bone (including any of the
foregoing divided into sections), produced in a foreign country or its
territorial waters, in whole or in part with the use of the labor of
persons who are not residents of the United States.
(July 30, 1947, ch. 388, 61 Stat. 634.)
01 USC CHAPTER 2 -- ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT;
REPEALS; SEALING OF INSTRUMENTS
TITLE 1 -- GENERAL PROVISIONS
Sec.
101. Enacting clause.
102. Resolving clause.
103. Enacting or resolving words after first section.
104. Numbering of sections; single proposition.
105. Title of appropriation Acts.
106. Printing bills and joint resolutions.
106a. Promulgation of laws.
106b. Amendments to Constitution.
107. Parchment or paper for printing enrolled bills or resolutions.
108. Repeal of repealing act.
109. Repeal of statutes as affecting existing liabilities.
110. Saving clause of Revised Statutes.
111. Repeals as evidence of prior effectiveness.
112. Statutes at Large; contents; admissibility in evidence.
112a. United States Treaties and Other International Agreements;
contents; admissibility in evidence.
112b. United States international agreements; transmission to
Congress.
113. ''Little and Brown's'' edition of laws and treaties; slip
laws; Treaties and Other International Act /1/ Series; admissibility
in evidence.
114. Sealing of instruments.
1972 -- Pub. L. 92-403, 2, Aug. 22, 1972, 86 Stat. 619, added item
112b.
1966 -- Pub. L. 89-497, 2, July 8, 1966, 80 Stat. 271, inserted
''slip laws; Treaties and Other International Acts Series;'' in item
113.
1951 -- Act Oct. 31, 1951, ch. 655, 2(a), 65 Stat. 710, added
items 106a and 106b.
1950 -- Act Sept. 23, 1950, ch. 1001, 3, 64 Stat. 980, added item
112a.
/1/ So in original. Does not conform to section catchline.
01 USC 101. Enacting clause
TITLE 1 -- GENERAL PROVISIONS
The enacting clause of all Acts of Congress shall be in the following
form: ''Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled.''
(July 30, 1947, ch. 388, 61 Stat. 634.)
01 USC 102. Resolving clause
TITLE 1 -- GENERAL PROVISIONS
The resolving clause of all joint resolutions shall be in the
following form: ''Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled.''
(July 30, 1947, ch. 388, 61 Stat. 634.)
01 USC 103. Enacting or resolving words after first section
TITLE 1 -- GENERAL PROVISIONS
No enacting or resolving words shall be used in any section of an Act
or resolution of Congress except in the first.
(July 30, 1947, ch. 388, 61 Stat. 634.)
01 USC 104. Numbering of sections; single proposition
TITLE 1 -- GENERAL PROVISIONS
Each section shall be numbered, and shall contain, as nearly as may
be, a single proposition of enactment.
(July 30, 1947, ch. 388, 61 Stat. 634.)
01 USC 105. Title of appropriation Acts
TITLE 1 -- GENERAL PROVISIONS
The style and title of all Acts making appropriations for the support
of Government shall be as follows: ''An Act making appropriations (here
insert the object) for the year ending September 30 (here insert the
calendar year).''
(July 30, 1947, ch. 388, 61 Stat. 634; July 12, 1974, Pub. L.
93-344, title V, 506(a), 88 Stat. 322.)
1974 -- Pub. L. 93-344 substituted ''September 30'' for ''June 30''.
Section 506(b) of Pub. L. 93-344, which provided that the amendment
of this section by Pub. L. 93-344 was effective with respect to Acts
making appropriations for the support of the Government for any fiscal
year commencing on or after Oct. 1, 1976, was omitted in the complete
revision of title V of Pub. L. 93-344 by Pub. L. 101-508, title XIII,
13201(a), Nov. 5, 1990, 104 Stat. 1388-609.
01 USC 106. Printing bills and joint resolutions
TITLE 1 -- GENERAL PROVISIONS
Every bill or joint resolution in each House of Congress shall, when
such bill or resolution passes either House, be printed, and such
printed copy shall be called the engrossed bill or resolution as the
case may be. Said engrossed bill or resolution shall be signed by the
Clerk of the House or the Secretary of the Senate, and shall be sent to
the other House, and in that form shall be dealt with by that House and
its officers, and, if passed, returned signed by said Clerk or
Secretary. When such bill, or joint resolution shall have passed both
Houses, it shall be printed and shall then be called the enrolled bill,
or joint resolution, as the case may be, and shall be signed by the
presiding officers of both Houses and sent to the President of the
United States. During the last six days of a session such engrossing
and enrolling of bills and joint resolutions may be done otherwise than
as above prescribed, upon the order of Congress by concurrent
resolution.
(July 30, 1947, ch. 388, 61 Stat. 634.)
Enrollment Corrections and Printed Enrollment
Pub. L. 100-360, title IV, 411(a), July 1, 1988, 102 Stat. 768,
provided that:
''(1) Reference. -- In this section, the term 'OBRA' refers to the
Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203) (Pub. L.
100-203, Dec. 22, 1987, 101 Stat. 1330, see Tables for classification).
''(2) Effective date. -- Except as specifically provided in this
section, the amendments made by this section (amending sections 254o,
294f, 300aa-12, 300aa-15, 300aa-21, 426, 704, 912, 1320a-7, 1320a-7a,
1320a-7b, 1320b-5, 1320b-7, 1320b-8, 1320c-3, 1320c-5, 1320c-9, 1395e,
1395h, 1395i-2, 1395i-3, 1395k, 1395l, 1395m, 1395u, 1395w-1, 1395w-2,
1395x, 1395y, 1395aa, 1395bb, 1395cc, 1395dd, 1395gg, 1395mm, 1395ss,
1395tt, 1395ww, 1395aaa, 1395bbb, 1395ccc, 1396a, 1396b, 1396d, 1396j,
1396n, 1396o, 1396p, 1396r, 1396r-1, 1396r-3, 1396r-4, 1396s, and 1397d
of Title 42, The Public Health and Welfare, amending provisions set out
as notes under sections 426, 1320a-7a, 1320c-2, 1320c-3, 1395b-1, 1395h,
1395i-3, 1395l, 1395m, 1395n, 1395u, 1395w-1, 1395x, 1395aa, 1395dd,
1395mm, 1395ss, 1395ww, 1395bbb, 1396a, 1396b, and 1396r of Title 42,
and repealing provisions set out as notes under section 1395l of Title
42), as they relate to a provision in OBRA, shall be effective as if
they were included in the enactment of that provision in OBRA.
''(3) Ratification of enrollment corrections and printed enrollment.
--
''(A) In general. -- Except as provided in subparagraph (B), the
enrollment corrections noted in footnotes numbered 9 through 72 of OBRA
are hereby ratified and shall be considered to have been enacted as part
of OBRA. The printed enrollment of title IV of OBRA (Pub. L. 100-203,
title IV, Dec. 22, 1987, 101 Stat. 1330-39), as prepared and printed
under section 8004 of OBRA (section 8004 of Pub. L. 100-203, set out
below) (including the footnote corrections described in subparagraph (B)
and as incorporating the clarifications described in subparagraph (C)),
shall be deemed to constitute title IV of OBRA as enacted.
''(B) Footnote corrections. -- (i) With respect to the reference to
which footnote 28 relates (101 Stat. 1330-81), the reference shall be
deemed to have read '1320a-7b)'.
''(ii) With respect to the word to which footnote 30 relates (101
Stat. 1330-91), the word shall be deemed to have read 'the'.
''(iii) With respect to the designation to which footnote 52 relates
(101 Stat. 1330-151), the designation shall be deemed to have read
'(F)'.
''(C) Clarifications of illegible matter. -- (i) Section 1842(n)(1)(
A) of the Social Security Act, as added by section 4051(a) of OBRA (101
Stat. 1330-93) (42 U.S.C. 1395m(n)(1)(A)), is deemed to have the phrase
'the supplier's reasonable charge to individuals enrolled under this
part for the test' immediately after 'or, if lower, the'.
''(ii) Section 1834(a)(7)(B)(i) of the Social Security Act, as
inserted by section 4062(b) of OBRA (101 Stat. 1330-103) (42 U.S.C.
1395m(a)(7)(B)(i)), is deemed to have a reference to '1987' immediately
after 'December'.''
Pub. L. 101-497, Oct. 31, 1990, 104 Stat. 1205, provided that:
''SECTION 1. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING OF
ENROLLMENT OF CERTAIN MEASURES.
''(a) Waiver. -- The provisions of sections 106 and 107 of title 1,
United States Code, are waived with respect to the printing (on
parchment or otherwise) of the enrollment of S. 2830 (Pub. L. 101-624,
Nov. 28, 1990, 104 Stat. 3359).
''(b) Certification of Enrollment by the Secretary of the Senate. --
The enrollment of S. 2830 shall be in such form as the Secretary of the
Senate certifies to be a true enrollment.
''SEC. 2. SUBSEQUENT PREPARATION AND CERTIFICATION OF PRINTED
ENROLLMENT.
''(a) Preparation. --
''(1) In general. -- If S. 2830 is presented to the President in the
form of a hand enrollment pursuant to the authority of section 1, then
upon the enactment of that bill the Secretary of the Senate shall
prepare a printed enrollment of the bill as in the case of a bill to
which sections 106 and 107 of title 1, United States Code, apply.
''(2) Typographical corrections. -- A printed enrollment prepared
pursuant to paragraph (1) may, in order to conform to customary style
for printed laws, include corrections in indentation, type face, and
type size and may include notations (in the margins or as otherwise
appropriate) of obvious errors in spelling or punctuation in the hand
enrollment.
''(b) Transmittal to President. -- A printed enrollment prepared
pursuant to subsection (a), after being certified by the Secretary of
the Senate to be a correct printing of the hand enrollment, shall be
signed by the presiding officer of each House of Congress and
transmitted to the President.
''(c) Certification by President; Preservation in Archives. -- Upon
certification by the President that a printed enrollment transmitted
pursuant to subsection (b) is a correct printing of the hand enrollment,
such printed enrollment shall be transmitted to the Archivist of the
United States, who shall preserve it with the hand enrollment.
''(d) Publication of Law. -- In preparing the bill or joint
resolution for publication in slip form and in the United States
Statutes at Large pursuant to section 112 of title 1, United States
Code, the Archivist of the United States shall use the printed
enrollment certified by the President under subsection (c) in lieu of
the hand enrollment.
''SEC. 3. DEFINITIONS.
''As used in this resolution:
''(1) (sic) Hand enrollment. -- The term 'hand enrollment' means the
enrollment, as authorized by section 1, of a bill or joint resolution
for presentment to the President in a form other than the printed form
required by sections 106 and 107 of title 1, United States Code.''
Pub. L. 101-466, Oct. 27, 1990, 104 Stat. 1084, provided that:
''SECTION 1. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING OF
ENROLLMENT OF CERTAIN MEASURES.
''(a) Waiver. -- The provisions of sections 106 and 107 of title 1,
United States Code, are waived with respect to the printing (on
parchment or otherwise) of the enrollment of any reconciliation bill,
appropriation bill, or continuing resolution of the One Hundred First
Congress presented to the President after the enactment of this joint
resolution (Oct. 27, 1990).
''(b) Certification of Enrollment by Committee on House
Administration. -- The enrollment of any such bill or joint resolution
shall be in such form as the Committee on House Administration of the
House of Representatives certifies to be a true enrollment.
''SEC. 2. SUBSEQUENT PREPARATION AND CERTIFICATION OF PRINTED
ENROLLMENT.
''(a) Preparation. --
''(1) In general. -- If a reconciliation bill, appropriation bill, or
continuing resolution is presented to the President in the form of a
hand enrollment pursuant to the authority of section 1, then upon the
enactment of that bill or joint resolution the Clerk of the House of
Representatives shall prepare a printed enrollment of the bill or joint
resolution as in the case of a bill or joint resolution to which
sections 106 and 107 of title 1, United States Code, apply.
''(2) Typographical corrections. -- A printed enrollment prepared
pursuant to paragraph (1) may, in order to conform to customary style
for printed laws, include corrections in indentation, type face, and
type size and may include notations (in the margins or as otherwise
appropriate) of obvious errors in spelling or punctuation in the hand
enrollment.
''(b) Transmittal to President. -- A printed enrollment prepared
pursuant to subsection (a), after being certified by the Committee on
House Administration of the House of Representatives to be a correct
printing of the hand enrollment, shall be signed by the presiding
officer of each House of Congress and transmitted to the President.
''(c) Certification by President; Preservation in Archives. -- Upon
certification by the President that a printed enrollment transmitted
pursuant to subsection (b) is a correct printing of the hand enrollment,
such printed enrollment shall be transmitted to the Archivist of the
United States, who shall preserve it with the hand enrollment.
''(d) Publication of Law. -- In preparing the bill or joint
resolution for publication in slip form and in the United States
Statutes at Large pursuant to section 112 of title 1, United States
Code, the Archivist of the United States shall use the printed
enrollment certified by the President under subsection (c) in lieu of
the hand enrollment.
''SEC. 3. DEFINITIONS.
''As used in this resolution:
''(1) Reconciliation bill. -- The term 'reconciliation bill' means a
bill to provide for reconciliation pursuant to section 4 of the
concurrent resolution on the budget for fiscal year 1991.
''(2) Appropriation bill. -- The term 'appropriation bill' means a
general appropriation bill making appropriations for the fiscal year
ending September 30, 1991.
''(3) Continuing resolution. -- The term 'continuing resolution'
means a joint resolution making continuing appropriations for the fiscal
year 1991.
''(4) Hand enrollment. -- The term 'hand enrollment' means the
enrollment, as authorized by section 1, of a bill or joint resolution
for presentment to the President in a form other than the printed form
required by sections 106 and 107 of title 1, United States Code.''
Pub. L. 100-454, Sept. 29, 1988, 102 Stat. 1914, provided that:
''SECTION 1. HAND ENROLLMENT AUTHORIZED FOR GENERAL APPROPRIATIONS
BILLS.
''(a) Waiver of Certain Laws With Respect to Printing of Enrolled
Bills. -- During the remainder of the second session of the One
Hundredth Congress, the provisions of sections 106 and 107 of title 1,
United States Code, are waived with respect to the printing (on
parchment or otherwise) of the enrollment of any general appropriations
bill making appropriations for the fiscal year ending September 30,
1989.
''(b) Certification by Committee on House Administration. -- The
enrollment of any such bill shall be in such form as the Committee on
House Administration of the House of Representatives certifies to be a
true enrollment.
''SEC. 2. SUBSEQUENT PREPARATION AND CERTIFICATION OF PRINTED
ENROLLMENTS.
''(a) Preparation. --
''(1) In general. -- Upon the enactment of a bill following
presentment of such bill to the President in the form of a hand
enrollment pursuant to the authority of section 1 of this resolution,
the Clerk of the House of Representatives shall prepare a printed
enrollment of that bill as in the case of a bill to which sections 106
and 107 of title 1, United States Code, apply.
''(2) Limited stylistic corrections. -- A printed enrollment prepared
pursuant to paragraph (1) may, in order to conform to customary style
for printed laws, include corrections in spelling, punctuation,
indentation, type face, and type size and other necessary stylistic
corrections to the hand enrollment. Such a printed enrollment shall
include notations (in the margins or as otherwise appropriate) of all
such corrections.
''(b) Transmittal to President. -- A printed enrollment prepared
pursuant to subsection (a) shall be signed by the presiding officer of
each House of Congress as a correct printing of the hand enrollment and
shall be transmitted to the President.
''(c) Certification by President; Legal Effect. -- Upon
certification by the President that a printed enrollment transmitted
pursuant to subsection (b) is a correct printing of the hand enrollment,
such printed enrollment shall be considered for all purposes as the
original enrollment of the bill concerned and as valid evidence of the
enactment of that bill.
''(d) Archives. -- A printed enrollment certified by the President
under subsection (c) shall be transmitted to the Archivist of the United
States, who shall preserve it with the hand enrollment. In preparing
the bill concerned for publication in slip form and in the United States
Statutes at Large pursuant to section 112 of title 1, United States
Code, the Archivist of the United States shall use the printed
enrollment certified by the President under subsection (c) in lieu of
the hand enrollment.
''(e) Hand Enrollment Defined. -- As used in this section, the term
'hand enrollment' means the enrollment, as authorized by section 1, of a
bill for presentment to the President in a form other than the printed
form required by sections 106 and 107 of title 1, United States Code.''
Pub. L. 100-203, title VIII, 8004, Dec. 22, 1987, 101 Stat.
1330-282, provided that:
''(a) Preparation of Printed Enrollment. -- (1) Upon the enactment of
this Act enrolled as a hand enrollment, the Clerk of the House of
Representatives shall prepare a printed enrollment of this Act as in the
case of a bill or joint resolution to which sections 106 and 107 of
title 1, United States Code, apply. Such enrollment shall be a correct
enrollment of this Act as enrolled in the hand enrollment.
''(2) A printed enrollment prepared pursuant to paragraph (1) may, in
order to conform to customary style for printed laws, include
corrections in spelling, punctuation, indentation, type face, and type
size and other necessary stylistic corrections to the hand enrollment.
Such a printed enrollment shall include notations (in the margins or as
otherwise appropriate) of all such corrections.
''(b) Transmittal to President. -- A printed enrollment prepared
pursuant to subsection (a) shall be signed by the presiding officers of
both Houses of Congress as a correct printing of the hand enrollment of
this Act and shall be transmitted to the President.
''(c) Certification by President; Legal Effect. -- Upon
certification by the President that a printed enrollment transmitted
pursuant to subsection (b) is a correct printing of the hand enrollment
of this Act, such printed enrollment shall be considered for all
purposes as the original enrollment of this Act and as valid evidence of
the enactment of this Act.
''(d) Archives. -- A printed enrollment certified by the President
under subsection (c) shall be transmitted to the Archivist of the United
States, who shall preserve it with the hand enrollment. In preparing
this Act for publication in slip form and in the United States Statutes
at Large pursuant to section 112 of title 1, United States Code, the
Archivist of the United States shall use the printed enrollment
certified by the President under subsection (c) in lieu of the hand
enrollment.
''(e) Hand Enrollment Defined. -- As used in this section, the term
'hand enrollment' means enrollment in a form other than the printed form
required by sections 106 and 107 of title 1, United States Code, as
authorized by the joint resolution entitled 'Joint resolution
authorizing the hand enrollment of the budget reconciliation bill and of
the full-year continuing resolution for fiscal year 1988', approved
December 1987 (H.J. Res. 426 of the 100th Congress) (Pub. L. 100-199,
Dec. 21, 1987, 101 Stat. 1326).''
Pub. L. 100-202, 101(n), Dec. 22, 1987, 101 Stat. 1329-432,
provided that:
''(1) Upon the enactment of this resolution enrolled as a hand
enrollment, the Clerk of the House of Representatives shall prepare a
printed enrollment of this resolution as in the case of a bill or joint
resolution to which sections 106 and 107 of title 1, United States Code,
apply. Such enrollment shall be a correct enrollment of this resolution
as enrolled in the hand enrollment.
''(2) A printed enrollment prepared pursuant to subsection (n)(1)
may, in order to conform to customary style for printed laws, include
corrections in spelling, punctuation, indentation, type face, and type
size and other necessary stylistic corrections to the hand enrollment.
Such a printed enrollment shall include notations (in the margins or as
otherwise appropriate) of all such corrections.
''(3) A printed enrollment prepared pursuant to subsection (n)(1)
shall be signed by the presiding officers of both Houses of Congress as
a correct printing of the hand enrollment of this resolution and shall
be transmitted to the President.
''(4) Upon certification by the President that a printed enrollment
transmitted pursuant to subsection (n)(3) is a correct printing of the
hand enrollment of this resolution, such printed enrollment shall be
considered for all purposes as the original enrollment of this
resolution and as valid evidence of the enactment of this resolution.
''(5) A printed enrollment certified by the President under
subsection (n)(4) shall be transmitted to the Archivist of the United
States, who shall preserve it with the hand enrollment. In preparing
this resolution for publication in slip form and in the United States
Statutes at Large pursuant to section 112 of title 1, United States
Code, the Archivist of the United States shall use the printed
enrollment certified by the President under subsection (n)(4) in lieu of
the hand enrollment.
''(6) As used in this section, the term 'hand enrollment' means
enrollment in a form other than the printed form required by sections
106 and 107 of title 1, United States Code, as authorized by the joint
resolution entitled 'Joint resolution authorizing the hand enrollment of
the budget reconciliation bill and of the full-year continuing
resolution for fiscal year 1988', approved December 1987 (H.J. Res. 426
of the 100th Congress) (Pub. L. 100-199, Dec. 21, 1987, 101 Stat.
1326).''
Memorandum of the President of the United States, Jan. 10, 1991, 56
F.R. 1481, provided:
Memorandum for the Archivist of the United States
By the authority vested in me as President by the Constitution and
laws of the United States, including Section 301 of Title 3 of the
United States Code, I hereby authorize you to ascertain whether the
printed enrollment of H.R. 5835, the Omnibus Budget Reconciliation Act
of 1990 (Public Law 101-508), approved on November 5, 1990, is a correct
printing of the hand enrollment and if so to make on my behalf the
certification specified in Section 2(c) of H.J. Res. 682 (Public Law
101-466) (set out as a note above).
Attached is the printed enrollment that was received at the White
House on January 7, 1991.
This memorandum shall be published in the Federal Register.
George Bush.
Memorandum of the President of the United States, Dec. 12, 1988, 53
F.R. 50373, provided:
Memorandum for the Archivist of the United States
By the authority vested in me as President by the Constitution and
laws of the United States, including Section 301 of Title 3 of the
United States Code, I hereby authorize you to ascertain whether the
printed enrollments of H.R. 4637, the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 (Public Law
100-461), H.R. 4776, the District of Columbia Appropriations Act, 1989
(Public Law 100-462), and H.R. 4781, the Department of Defense
Appropriations Act, 1989 (Public Law 100-463), are correct printings of
the hand enrollments, which were approved on October 1, 1988, and if so
to make on my behalf the certifications required by Section 2(c) of H.
J. Res. 665 (Public Law 100-454) (set out as a note above).
Attached are the printed enrollments of H.R. 4637, H.R. 4776, and H.
R. 4781, which were received at the White House on December 1, 1988.
This memorandum shall be published in the Federal Register.
Ronald Reagan.
Memorandum of the President of the United States, Jan. 28, 1988, 53
F.R. 2816, provided:
Memorandum for the Archivist of the United States
By the authority vested in me as President by the Constitution and
laws of the United States, including Section 301 of Title 3 of the
United States Code, I hereby authorize you to ascertain whether the
printed enrollments of H.J. Res. 395, Joint Resolution making further
continuing appropriations for the fiscal year 1988 (Public Law 100-202),
and H.R. 3545, the Omnibus Budget Reconciliation Act of 1987 (Public Law
100-203), are correct printings of the hand enrollments, which were
approved on December 22, 1987, and if so to make on my behalf the
certifications required by Section 101(n)(4) of H.J. Res. 395 and
Section 8004(c) of H.R. 3545 (set out as notes above).
Attached are the printed enrollments of H.J. Res. 395 and H.R. 3545,
which were received at the White House on January 27, 1988.
This memorandum shall be published in the Federal Register.
Ronald Reagan.
01 USC 106a. Promulgation of laws
TITLE 1 -- GENERAL PROVISIONS
Whenever a bill, order, resolution, or vote of the Senate and House
of Representatives, having been approved by the President, or not having
been returned by him with his objections, becomes a law or takes effect,
it shall forthwith be received by the Archivist of the United States
from the President; and whenever a bill, order, resolution, or vote is
returned by the President with his objections, and, on being
reconsidered, is agreed to be passed, and is approved by two-thirds of
both Houses of Congress, and thereby becomes a law or takes effect, it
shall be received by the Archivist of the United States from the
President of the Senate, or Speaker of the House of Representatives in
whichsoever House it shall last have been so approved, and he shall
carefully preserve the originals.
(Added Oct. 31, 1951, ch. 655, 2(b), 65 Stat. 710, and amended Oct.
19, 1984, Pub. L. 98-497, title I, 107(d), 98 Stat. 2291.)
1984 -- Pub. L. 98-497 substituted ''Archivist of the United
States'' for ''Administrator of General Services'' in two places.
Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301
of Pub. L. 98-497, set out as a note under section 2102 of Title 44,
Public Printing and Documents.
of Functions; Transfer of Property and Personnel
Similar provisions were contained in R.S. 204; act Dec. 28, 1874,
ch. 9, 2, 18 Stat. 294; 1950 Reorg. Plan No. 20, 1, eff. May 24,
1950, 15 F.R. 3178, 64 Stat. 1272, which with the exception of the
reorganization plan, were repealed by section 56(h) of act Oct. 31,
1951. Subsec. (l) of that section 56 provided that the repeal should
not affect any rights or liabilities existing under those statutes on
the effective date of the repeal (Oct. 31, 1951). For delegation of
functions under the repealed statutes, and transfer of records,
property, personnel, and funds, see sections 3 and 4 of 1950 Reorg.
Plan No. 20, set out in the Appendix to Title 5, Government
Organization and Employees.
01 USC 106b. Amendments to Constitution
TITLE 1 -- GENERAL PROVISIONS
Whenever official notice is received at the National Archives and
Records Administration that any amendment proposed to the Constitution
of the United States has been adopted, according to the provisions of
the Constitution, the Archivist of the United States shall forthwith
cause the amendment to be published, with his certificate, specifying
the States by which the same may have been adopted, and that the same
has become valid, to all intents and purposes, as a part of the
Constitution of the United States.
(Added Oct. 31, 1951, ch. 655, 2(b), 65 Stat. 710, and amended Oct.
19, 1984, Pub. L. 98-497, title I, 107(d), 98 Stat. 2291.)
1984 -- Pub. L. 98-497 substituted ''National Archives and Records
Administration'' and ''Archivist of the United States'' for ''General
Services Administration'' and ''Administrator of General Services'',
respectively.
Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301
of Pub. L. 98-497, set out as a note under section 2102 of Title 44,
Public Printing and Documents.
of Functions; Transfer of Property and Personnel
Similar provisions were contained in R.S. 205; 1950 Reorg. Plan
No. 20, 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272. R.S. 205
was repealed by section 56(h) of act Oct. 31, 1951. Subsec. (l) of
section 56 provided that the repeal should not affect any rights or
liabilities existing under the repealed statute on the effective date of
the repeal (Oct. 31, 1951). For delegation of functions under the
repealed statute, and transfer of records, property, personnel, and
funds, see sections 3 and 4 of 1950 Reorg. Plan No. 20, set out in the
Appendix to Title 5, Government Organization and Employees.
Publication of certificate in United States Statutes at Large, see
section 112 of this title.
01 USC 107. Parchment or paper for printing enrolled bills or
resolutions
TITLE 1 -- GENERAL PROVISIONS
Enrolled bills and resolutions of either House of Congress shall be
printed on parchment or paper of suitable quality as shall be determined
by the Joint Committee on Printing.
(July 30, 1947, ch. 388, 61 Stat. 635.)
01 USC 108. Repeal of repealing act
TITLE 1 -- GENERAL PROVISIONS
Whenever an Act is repealed, which repealed a former Act, such former
Act shall not thereby be revived, unless it shall be expressly so
provided.
(July 30, 1947, ch. 388, 61 Stat. 635.)
01 USC 109. Repeal of statutes as affecting existing liabilities
TITLE 1 -- GENERAL PROVISIONS
The repeal of any statute shall not have the effect to release or
extinguish any penalty, forfeiture, or liability incurred under such
statute, unless the repealing Act shall so expressly provide, and such
statute shall be treated as still remaining in force for the purpose of
sustaining any proper action or prosecution for the enforcement of such
penalty, forfeiture, or liability. The expiration of a temporary
statute shall not have the effect to release or extinguish any penalty,
forfeiture, or liability incurred under such statute, unless the
temporary statute shall so expressly provide, and such statute shall be
treated as still remaining in force for the purpose of sustaining any
proper action or prosecution for the enforcement of such penalty,
forfeiture, or liability.
(July 30, 1947, ch. 388, 61 Stat. 635.)
01 USC 110. Saving clause of Revised Statutes
TITLE 1 -- GENERAL PROVISIONS
All acts of limitation, whether applicable to civil causes and
proceedings, or to the prosecution of offenses, or for the recovery of
penalties or forfeitures, embraced in the Revised Statutes and covered
by the repeal contained therein, shall not be affected thereby, but all
suits, proceedings, or prosecutions, whether civil or criminal, for
causes arising, or acts done or committed prior to said repeal, may be
commenced and prosecuted within the same time as if said repeal had not
been made.
(July 30, 1947, ch. 388, 61 Stat. 635.)
01 USC 111. Repeals as evidence of prior effectiveness
TITLE 1 -- GENERAL PROVISIONS
No inference shall be raised by the enactment of the Act of March 3,
1933 (ch. 202, 47 Stat. 1431), that the sections of the Revised Statutes
repealed by such Act were in force or effect at the time of such
enactment: Provided, however, That any rights or liabilities existing
under such repealed sections shall not be affected by their repeal.
(July 30, 1947, ch. 388, 61 Stat. 635.)
Act of March 3, 1933, referred to in text, was repealed by section 2
of act July 30, 1947, section 1 of which enacted this title.
01 USC 112. Statutes at Large; contents; admissibility in evidence
TITLE 1 -- GENERAL PROVISIONS
The Archivist of the United States shall cause to be compiled,
edited, indexed, and published, the United States Statutes at Large,
which shall contain all the laws and concurrent resolutions enacted
during each regular session of Congress; all proclamations by the
President in the numbered series issued since the date of the
adjournment of the regular session of Congress next preceding; and also
any amendments to the Constitution of the United States proposed or
ratified pursuant to article V thereof since that date, together with
the certificate of the Archivist of the United States issued in
compliance with the provision contained in section 106b of this title.
In the event of an extra session of Congress, the Archivist of the
United States shall cause all the laws and concurrent resolutions
enacted during said extra session to be consolidated with, and published
as part of, the contents of the volume for the next regular session.
The United States Statutes at Large shall be legal evidence of laws,
concurrent resolutions, treaties, international agreements other than
treaties, proclamations by the President, and proposed or ratified
amendments to the Constitution of the United States therein contained,
in all the courts of the United States, the several States, and the
Territories and insular possessions of the United States.
(July 30, 1947, ch. 388, 61 Stat. 636; Sept. 23, 1950, ch. 1001, 1,
64 Stat. 979; Oct. 31, 1951, ch. 655, 3, 65 Stat. 710; Oct. 19, 1984,
Pub. L. 98-497, title I, 107(d), 98 Stat. 2291.)
1984 -- Pub. L. 98-497 substituted ''Archivist of the United
States'' for ''Administrator of General Services'' in three places.
1951 -- Act Oct. 31, 1951, substituted ''106b of this title'' for
''205 of the Revised Statutes'' in first sentence.
1950 -- Act Sept. 23, 1950, amended section generally to implement
1950 Reorg. Plan No. 20, 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat.
1272, which transferred to the Administrator of General Services
certain duties formerly performed by the Secretary of State.
Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301
of Pub. L. 98-497, set out as a note under section 2102 of Title 44,
Public Printing and Documents.
This section and section 112a of this title as not affected by the
repeal of section 73 of act Jan. 12, 1895, ch. 23, 28 Stat. 615,
which related to the same subject matter, see section 56(i) of act Oct.
31, 1951, ch. 655, 65 Stat. 729.
Proof of official records, see rule 44, Title 28, Appendix, Judiciary
and Judicial Procedure.
01 USC 112a. United States Treaties and Other International Agreements;
contents; admissibility in evidence
TITLE 1 -- GENERAL PROVISIONS
The Secretary of State shall cause to be compiled, edited, indexed,
and published, beginning as of January 1, 1950, a compilation entitled
''United States Treaties and Other International Agreements,'' which
shall contain all treaties to which the United States is a party that
have been proclaimed during each calendar year, and all international
agreements other than treaties to which the United States is a party
that have been signed, proclaimed, or with reference to which any other
final formality has been executed, during each calendar year. The said
United States Treaties and Other International Agreements shall be legal
evidence of the treaties, international agreements other than treaties,
and proclamations by the President of such treaties and agreements,
therein contained, in all the courts of the United States, the several
States, and the Territories and insular possessions of the United
States.
(Added Sept. 23, 1950, ch. 1001, 2, 64 Stat. 980.)
This section and section 112 of this title as not affected by the
repeal of section 73 of act Jan. 12, 1895, ch. 23, 28 Stat. 615,
which related to the same subject matter, see section 56(i) of act Oct.
31, 1951, ch. 655, 65 Stat. 729.
Copies of United States Treaties and Other International Agreements
not available to Senators or Representatives unless specifically
requested by them, in writing, see Pub. L. 94-59, title VIII, 801, July
25, 1975, 89 Stat. 296, set out as a note under section 1317 of Title
44, Public Printing and Documents.
01 USC 112b. United States international agreements; transmission to
Congress
TITLE 1 -- GENERAL PROVISIONS
(a) The Secretary of State shall transmit to the Congress the text of
any international agreement (including the text of any oral
international agreement, which agreement shall be reduced to writing),
other than a treaty, to which the United States is a party as soon as
practicable after such agreement has entered into force with respect to
the United States but in no event later than sixty days thereafter.
However, any such agreement the immediate public disclosure of which
would, in the opinion of the President, be prejudicial to the national
security of the United States shall not be so transmitted to the
Congress but shall be transmitted to the Committee on Foreign Relations
of the Senate and the Committee on International Relations of the House
of Representatives under an appropriate injunction of secrecy to be
removed only upon due notice from the President. Any department or
agency of the United States Government which enters into any
international agreement on behalf of the United States shall transmit to
the Department of State the text of such agreement not later than twenty
days after such agreement has been signed.
(b) Not later than March 1, 1979, and at yearly intervals thereafter,
the President shall, under his own signature, transmit to the Speaker of
the House of Representatives and the chairman of the Committee on
Foreign Relations of the Senate a report with respect to each
international agreement which, during the preceding year, was
transmitted to the Congress after the expiration of the 60-day period
referred to in the first sentence of subsection (a), describing fully
and completely the reasons for the late transmittal.
(c) Notwithstanding any other provision of law, an international
agreement may not be signed or otherwise concluded on behalf of the
United States without prior consultation with the Secretary of State.
Such consultation may encompass a class of agreements rather than a
particular agreement.
(d) The Secretary of State shall determine for and within the
executive branch whether an arrangement constitutes an international
agreement within the meaning of this section.
(e) The President shall, through the Secretary of State, promulgate
such rules and regulations as may be necessary to carry out this
section.
(Added Pub. L. 92-403, 1, Aug. 22, 1972, 86 Stat. 619, and amended
Pub. L. 95-45, 5, June 15, 1977, 91 Stat. 224; Pub. L. 95-426, title
VII, 708, Oct. 7, 1978, 92 Stat. 993.)
1978 -- Pub. L. 95-426 designated existing provisions as subsec.
(a), inserted ''(including the text of any oral international agreement,
which agreement shall be reduced to writing)'', and added subsecs. (b)
to (e).
1977 -- Pub. L. 95-45 substituted ''Committee on International
Relations of the House of Representatives'' for ''Committee on Foreign
Affairs of the House of Representatives'' and inserted requirement that
any department or agency of the United States Government which enters
into any international agreement on behalf of the United States transmit
to the Department of State the text of such agreement not later than
twenty days after the agreement has been signed.
Committee on International Relations of the House of Representatives
changed to Committee on Foreign Affairs on Feb. 5, 1979, by House
Resolution 89, Ninety-sixth Congress.
This section is popularly known as the Case-Zablocki Act.
Pub. L. 100-204, title I, 139, Dec. 22, 1987, 101 Stat. 1347,
provided that:
''(a) Restriction on Use of Funds. -- If any international agreement,
whose text is required to be transmitted to the Congress pursuant to the
first sentence of subsection (a) of section 112b of title 1, United
States Code (commonly referred to as the 'Case-Zablocki Act'), is not so
transmitted within the 60-day period specified in that sentence, then no
funds authorized to be appropriated by this or any other Act shall be
available after the end of that 60-day period to implement that
agreement until the text of that agreement has been so transmitted.
''(b) Effective Date. -- Subsection (a) shall take effect 60 days
after the date of enactment of this Act (Dec. 22, 1987) and shall apply
during fiscal years 1988 and 1989.''
01 USC 113. ''Little and Brown's'' edition of laws and treaties; slip
laws; Treaties and Other International Acts Series; admissibility in
evidence
TITLE 1 -- GENERAL PROVISIONS
The edition of the laws and treaties of the United States, published
by Little and Brown, and the publications in slip or pamphlet form of
the laws of the United States issued under the authority of the
Archivist of the United States, and the Treaties and Other International
Acts Series issued under the authority of the Secretary of State shall
be competent evidence of the several public and private Acts of
Congress, and of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the United
States, and of the several States, without any further proof or
authentication thereof.
(July 30, 1947, ch. 388, 61 Stat. 636; July 8, 1966, Pub. L.
89-497, 1, 80 Stat. 271; Oct. 19, 1984, Pub. L. 98-497, title I, 107(
d), 98 Stat. 2291.)
1984 -- Pub. L. 98-497 substituted ''Archivist of the United
States'' for ''Administrator of General Services''.
1966 -- Pub. L. 89-497 made slip laws and the Treaties and Other
International Acts Series competent legal evidence of the several acts
of Congress and the treaties and other international agreements
contained therein.
Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301
of Pub. L. 98-497, set out as a note under section 2102 of Title 44,
Public Printing and Documents.
01 USC 114. Sealing of instruments
TITLE 1 -- GENERAL PROVISIONS
In all cases where a seal is necessary by law to any commission,
process, or other instrument provided for by the laws of Congress, it
shall be lawful to affix the proper seal by making an impression
therewith directly on the paper to which such seal is necessary; which
shall be as valid as if made on wax or other adhesive substance.
(July 30, 1947, ch. 388, 61 Stat. 636.)
Proof of official record, see rule 44, Title 28, Appendix, Judiciary
and Judicial Procedure.
01 USC CHAPTER 3 -- CODE OF LAWS OF UNITED STATES AND SUPPLEMENTS;
DISTRICT OF COLUMBIA CODE AND SUPPLEMENTS
TITLE 1 -- GENERAL PROVISIONS
Sec.
201. Publication and distribution of Code of Laws of United States
and Supplements and District of Columbia Code and Supplements.
(a) Publishing in slip or pamphlet form or in Statutes at Large.
(b) Curtailing number of copies published.
(c) Dispensing with publication of more than one Supplement for each
Congress.
202. Preparation and publication of Codes and Supplements.
(a) Cumulative Supplements to Code of Laws of United States for each
session of Congress.
(b) Cumulative Supplement to District of Columbia Code for each
session of Congress.
(c) New editions of Codes and Supplements.
203. District of Columbia Code; preparation and publication;
cumulative supplements.
204. Codes and Supplements as evidence of the laws of United States
and District of Columbia; citation of Codes and Supplements.
(a) United States Code.
(b) District of Columbia Code.
(c) District of Columbia Code; citation.
(d) Supplements to Codes; citation.
(e) New edition of Codes; citation.
205. Codes and Supplement; where printed; form and style;
ancillaries.
206. Bills and resolutions of Committee on the Judiciary of House of
Representatives; form and style; ancillaries; curtailment of copies.
207. Copies of acts and resolutions in slip form; additional number
printed for Committee on the Judiciary of House of Representatives.
208. Delegation of function of Committee on the Judiciary to other
agencies; printing, etc., under direction of Joint Committee on
Printing. /1/
209. Copies of Supplements to Code of Laws of United States and of
District of Columbia Code and Supplements; conclusive evidence of
original.
210. Distribution of Supplements to Code of Laws of United States
and of District of Columbia Code and Supplements; slip and pamphlet
copies.
211. Copies to Members of Congress.
212. Additional distribution at each new Congress.
213. Appropriation for preparing and editing supplements.
/1/ So in original. Does not conform to section catchline.
01 USC 201. Publication and distribution of Code of Laws of United
States and Supplements and District of Columbia Code and Supplements
TITLE 1 -- GENERAL PROVISIONS
In order to avoid duplication and waste --
(a) Publishing in slip or pamphlet form or in Statutes at Large. --
Publication in slip or pamphlet form or in the Statutes at Large of any
of the volumes or publications enumerated in sections 202 and 203 of
this title, shall, in event of enactment, be dispensed with whenever the
Committee on the Judiciary of the House of Representatives so directs
the Archivist of the United States;
(b) Curtailing number of copies published. -- Curtailment of the
number provided by law to be printed and distributed of the volumes or
publications enumerated in sections 202 and 203 of this title may be
directed by such committee, except that the Public Printer shall print
such numbers as are necessary for depository library distribution and
for sale; and
(c) Dispensing with publication of more than one Supplement for each
Congress. -- Such committee may direct that the printing and
distribution of any supplement to the Code of Laws of the United States
or to the Code of the District of Columbia be dispensed with entirely,
except that there shall be printed and distributed for each Congress at
least one supplement to each such code, containing the legislation of
such Congress.
(July 30, 1947, ch. 388, 61 Stat. 637; Sept. 3, 1954, ch. 1263, 1,
68 Stat. 1226; Oct. 19, 1984, Pub. L. 98-497, title I, 107(d), 98 Stat.
2291.)
1984 -- Subsec. (a). Pub. L. 98-497 substituted ''Archivist of the
United States'' for ''Administrator of General Services''.
1954 -- Subsec. (a). Act Sept. 3, 1954, substituted ''Administrator
of General Services'' for ''Secretary of State''.
Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301
of Pub. L. 98-497, set out as a note under section 2102 of Title 44,
Public Printing and Documents.
01 USC 202. Preparation and publication of Codes and Supplements
TITLE 1 -- GENERAL PROVISIONS
There shall be prepared and published under the supervision of the
Committee on the Judiciary of the House of Representatives --
(a) Cumulative Supplements to Code of Laws of United States for each
session of Congress. -- A supplement for each session of the Congress to
the then current edition of the Code of Laws of the United States,
cumulatively embracing the legislation of the then current supplement,
and correcting errors in such edition and supplement;
(b) Cumulative Supplement to District of Columbia Code for each
session of Congress. -- A supplement for each session of the Congress to
the then current edition of the Code of the District of Columbia,
cumulatively embracing the legislation of the then current supplement,
and correcting errors in such edition and supplement;
(c) New editions of Codes and Supplements. -- New editions of the
Code of Laws of the United States and of the Code of the District of
Columbia, correcting errors and incorporating the then current
supplement. In the case of each code new editions shall not be
published oftener than once in each five years. Copies of each such
edition shall be distributed in the same manner as provided in the case
of supplements to the code of which it is a new edition. Supplements
published after any new edition shall not contain the legislation of
supplements published before such new edition.
(July 30, 1947, ch. 388, 61 Stat. 637.)
Council of the District of Columbia, functions respecting, see
section 2 of Pub. L. 94-386, Aug. 14, 1976, 90 Stat. 1170, set out as
a note under section 285b of Title 2, The Congress.
Office of the Law Revision Counsel, functions respecting preparation,
revision, publication etc., see section 285b of Title 2.
01 USC 203. District of Columbia Code; preparation and publication;
cumulative supplements
TITLE 1 -- GENERAL PROVISIONS
The Committee on the Judiciary of the House of Representatives is
authorized to print bills to codify, revise, and reenact the general and
permanent laws relating to the District of Columbia and cumulative
supplements thereto, similar in style, respectively, to the Code of Laws
of the United States, and supplements thereto, and to so continue until
final enactment thereof in both Houses of the Congress of the United
States.
(July 30, 1947, ch. 388, 61 Stat. 638.)
Pub. L. 90-226, title X, Dec. 27, 1967, 81 Stat. 742, which
provided for the creation and operation of a commission to study and
make recommendations with reference to a revised code of criminal law
and procedure for the District of Columbia, was repealed by Pub. L.
91-358, title VI, 601, July 29, 1970, 84 Stat. 667, as amended by Pub.
L. 91-530, 2(b)(1), Dec. 7, 1970, 84 Stat. 1390.
Council of the District of Columbia, functions respecting, see
section 2 of Pub. L. 94-386, Aug. 14, 1976, 90 Stat. 1170, set out as
a note under section 285b of Title 2, The Congress.
Office of the Law Revision Counsel, functions respecting, see section
285b of Title 2.
01 USC 204. Codes and Supplements as evidence of the laws of United
States and District of Columbia; citation of Codes and Supplements
TITLE 1 -- GENERAL PROVISIONS
In all courts, tribunals, and public offices of the United States, at
home or abroad, of the District of Columbia, and of each State,
Territory, or insular possession of the United States --
(a) United States Code. -- The matter set forth in the edition of the
Code of Laws of the United States current at any time shall, together
with the then current supplement, if any, establish prima facie the laws
of the United States, general and permanent in their nature, in force on
the day preceding the commencement of the session following the last
session the legislation of which is included: Provided, however, That
whenever titles of such Code shall have been enacted into positive law
the text thereof shall be legal evidence of the laws therein contained,
in all the courts of the United States, the several States, and the
Territories and insular possessions of the United States.
(b) District of Columbia Code. -- The matter set forth in the edition
of the Code of the District of Columbia current at any time shall,
together with the then current supplement, if any, establish prima facie
the laws, general and permanent in their nature, relating to or in force
in the District of Columbia on the day preceding the commencement of the
session following the last session the legislation of which is included,
except such laws as are of application in the District of Columbia by
reason of being laws of the United States general and permanent in their
nature.
(c) District of Columbia Code; citation. -- The Code of the District
of Columbia may be cited as ''D.C. Code''.
(d) Supplements to Codes; citation. -- Supplements to the Code of
Laws of the United States and to the Code of the District of Columbia
may be cited, respectively, as ''U.S.C., Sup. '', and ''D.C. Code, Sup.
'', the blank in each case being filled with Roman figures denoting the
number of the supplement.
(e) New edition of Codes; citation. -- New editions of each of such
codes may be cited, respectively, as ''U.S.C., ed.'', and ''D.C. Code,
ed.'', the blank in each case being filled with figures denoting the
last year the legislation of which is included in whole or in part.
(July 30, 1947, ch. 388, 61 Stat. 638.)
The following titles of the United States Code were enacted into
positive law by the acts enumerated below:
Title 1, General Provisions -- Act July 30, 1947, ch. 388, 1, 61
Stat. 633.
Title 3, The President -- Act June 25, 1948, ch. 644, 1, 62 Stat.
672.
Title 4, Flag and Seal, Seat of Government, and the States -- Act
July 30, 1947, ch. 389, 1, 61 Stat. 641.
Title 5, Government Organization and Employees -- Pub. L. 89-554, 1,
Sept. 6, 1966, 80 Stat. 378.
Title 6, Surety Bonds -- Act July 30, 1947, ch. 390, 1, 61 Stat.
646, as amended June 6, 1972, Pub. L. 92-310, title II, 203(4), 86
Stat. 202, and repealed Sept. 13, 1982, Pub. L. 97-258, 5(b), 96
Stat. 1068, 1085. See, now, Title 31, Money and Finance.
Title 9, Arbitration -- Act July 30, 1947, ch. 392, 1, 61 Stat.
669.
Title 10, Armed Forces -- Act Aug. 10, 1956, ch. 1041, 1, 70A Stat.
1.
Title 11, Bankruptcy -- Pub. L. 95-598, title I, 101, Nov. 6, 1978,
92 Stat. 2549.
Title 13, Census -- Act Aug. 31, 1954, ch. 1158, 68 Stat. 1012.
Title 14, Coast Guard -- Act Aug. 4, 1949, ch. 393, 1, 63 Stat.
495.
Title 17, Copyrights -- Act July 30, 1947, ch. 391, 1, 61 Stat.
652, as amended Oct. 19, 1976, Pub. L. 94-553, title I, 101, 90 Stat.
2541.
Title 18, Crimes and Criminal Procedure -- Act June 25, 1948, ch.
645, 1, 62 Stat. 683.
Title 23, Highways -- Pub. L. 85-767, 1, Aug. 27, 1958, 72 Stat.
885.
Title 28, Judiciary and Judicial Procedure -- Act June 25, 1948, ch.
646, 1, 62 Stat. 869.
Title 31, Money and Finance -- Pub. L. 97-258, 1, Sept. 13, 1982,
96 Stat. 877.
Title 32, National Guard -- Act Aug. 10, 1956, ch. 1041, 2, 70A
Stat. 596.
Title 34, Navy -- See Title 10, Armed Forces.
Title 35, Patents -- Act July 19, 1952, ch. 950, 1, 66 Stat. 792.
Title 37, Pay and Allowances of the Uniformed Services -- Pub. L.
87-649, 1, Sept. 7, 1962. 76 Stat. 451.
Title 38, Veterans' Benefits -- Pub. L. 85-857, 1, Sept. 2, 1958,
72 Stat. 1105.
Title 39, Postal Service -- Pub. L. 86-682, 1, Sept. 2, 1960, 74
Stat. 578, as revised Pub. L. 91-375, 2, Aug. 12, 1970, 84 Stat.
719.
Title 44, Public Printing and Documents -- Pub. L. 90-620, 1, Oct.
22, 1968, 82 Stat. 1238.
Title 46, Shipping -- Pub. L. 98-89, 1, Aug. 26, 1983, 97 Stat.
500; Pub. L. 99-509, title V, subtitle B, 5101, Oct. 21, 1986, 100
Stat. 1913; Pub. L. 100-710, title I, 102, Nov. 23, 1988, 102 Stat.
4739.
Title 49, Transportation -- Pub. L. 95-473, 1, Oct. 17, 1978, 92
Stat. 1337; Pub. L. 97-449, 1, Jan. 12, 1983, 96 Stat. 2413.
The Internal Revenue Code of 1954 was enacted in the form of a
separate code by act Aug. 16, 1954, ch. 736, 68A Stat. 1. Pub. L.
99-514, 2(a), Oct. 22, 1986, 100 Stat. 2095, provided that the
Internal Revenue Title enacted Aug. 16, 1954, as heretofore, hereby, or
hereafter amended, may be cited as the ''Internal Revenue Code of
1986''. The sections of Title 26, United States Code, are identical to
the sections of the Internal Revenue Code.
Proof of official record, see rule 44, Title 28, Appendix, Judiciary
and Judicial Procedure.
01 USC 205. Codes and Supplement; where printed; form and style;
ancillaries
TITLE 1 -- GENERAL PROVISIONS
The publications provided for in sections 202, 203 of this title
shall be printed at the Government Printing Office and shall be in such
form and style and with such ancillaries as may be prescribed by the
Committee on the Judiciary of the House of Representatives. The
Librarian of Congress is directed to cooperate with such committee in
the preparation of such ancillaries. Such publications shall be
furnished with such thumb insets and other devices to distinguish parts,
with such facilities for the insertion of additional matter, and with
such explanatory and advertising slips, and shall be printed on such
paper and bound in such material, as may be prescribed by such
committee.
(July 30, 1947, ch. 388, 61 Stat. 639.)
Council of the District of Columbia, functions respecting, see
section 2 of Pub. L. 94-386, Aug. 14, 1976, 90 Stat. 1170, set out as
a note under section 285b of Title 2, The Congress.
Office of the Law Revision Counsel, functions respecting, see section
285b of Title 2.
title 44 section 707.
01 USC 206. Bills and resolutions of Committee on the Judiciary of
House of Representatives; form and style; ancillaries; curtailment of
copies
TITLE 1 -- GENERAL PROVISIONS
All bills and resolutions relating to the revision of the laws
referred to or reported by the Committee on the Judiciary of the House
of Representatives shall be printed in such form and style, and with
such ancillaries, as such committee may prescribe as being economical
and suitable, to so continue until final enactment thereof in both
Houses of Congress; and such committee may also curtail the number of
copies of such bills to be printed in the various parliamentary stages
in the House of Representatives.
(July 30, 1947, ch. 388, 61 Stat. 639.)
title 44 section 707.
01 USC 207. Copies of acts and resolutions in slip form; additional
number printed for Committee on the Judiciary of House of
Representatives
TITLE 1 -- GENERAL PROVISIONS
The Public Printer is directed to print, in addition to the number
provided by existing law, and, as soon as printed, to distribute in such
manner as the Committee on the Judiciary of the House of Representatives
shall determine, twenty copies in slip form of each public Act and joint
resolution.
(July 30, 1947, ch. 388, 61 Stat. 639.)
01 USC 208. Delegation of function of Committee on the Judiciary to
other agencies; printing, and so forth, under direction of Joint
Committee on Printing
TITLE 1 -- GENERAL PROVISIONS
The functions vested by sections 201, 202, 204-207 of this title in
the Committee on the Judiciary of the House of Representatives may from
time to time be vested in such other agency as the Congress may by
concurrent resolution provide: Provided, That the printing, binding,
and distribution of the volumes and publications enumerated in sections
202, 203 of this title shall be done under the direction of the Joint
Committee on Printing.
(July 30, 1947, ch. 388, 61 Stat. 639.)
Office of the Law Revision Counsel, functions respecting, see section
285b of Title 2, The Congress.
01 USC 209. Copies of Supplements to Code of Laws of United States and
of District of Columbia Code and Supplements; conclusive evidence of
original
TITLE 1 -- GENERAL PROVISIONS
Copies of the Code of Laws relating to the District of Columbia and
copies of the supplements provided for by sections 202 and 203 of this
title printed at the Government Printing Office and bearing its imprint,
shall be conclusive evidence of the original of such code and
supplements in the custody of the Administrator of General Services.
(July 30, 1947, ch. 388, 61 Stat. 639; Sept. 3, 1954, ch. 1263, 2,
68 Stat. 1226.)
1954 -- Act Sept. 3, 1954, substituted ''Administrator of General
Services'' for ''Secretary of State''.
01 USC 210. Distribution of Supplements to Code of Laws of United
States and of District of Columbia Code and Supplements; slip and
pamphlet copies
TITLE 1 -- GENERAL PROVISIONS
Copies of the Code of Laws relating to the District of Columbia, and
of the supplements provided for by sections 202, 203 of this title shall
be distributed by the Superintendent of Documents in the same manner as
bound volumes of the Statutes at Large: Provided, That no slip or
pamphlet copies of the Code of Laws relating to the District of
Columbia, and of the supplements provided for by sections 202, 203 of
this title need be printed or distributed.
(July 30, 1947, ch. 388, 61 Stat. 640.)
Distribution of Statutes at Large, see section 728 of Title 44,
Public Printing and Documents.
01 USC 211. Copies to Members of Congress
TITLE 1 -- GENERAL PROVISIONS
In addition to quotas provided for by section 210 of this title there
shall be printed, published, and distributed of the Code of Laws
relating to the District of Columbia with tables, index, and other
ancillaries, suitably bound and with thumb inserts and other convenient
devices to distinguish the parts, and of the supplements to both codes
as provided for by sections 202, 203 of this title, ten copies of each
for each Member of the Senate and House of Representatives of the
Congress in which the original authorized publication is made, for his
use and distribution, and in addition for the Committee on the Judiciary
of the House of Representatives and the Committee on the Judiciary of
the Senate a number of bound copies of each equal to ten times the
number of members of such committees, and one bound copy of each for the
use of each committee of the Senate and House of Representatives.
(July 30, 1947, ch. 388, 61 Stat. 640.)
Pub. L. 92-342, 101, July 10, 1972, 86 Stat. 447, provided that:
''Hereafter, appropriations for authorized printing and binding for the
Congress shall not be available under the authority of the Act of July
30, 1947 (1 U.S.C. 211) for the printing, publication, and distribution
of more than two copies of new editions of the Code of Laws of the
United States and of the Code of the District of Columbia for each
Member of the House of Representatives.''
Copies of District of Columbia Code and Supplements not available to
Senators or Representatives unless specifically requested by them, in
writing, see Pub. L. 94-59, title VIII, 801, July 25, 1975, 89 Stat.
296, set out as a note under section 1317 of Title 44, Public Printing
and Documents.
01 USC 212. Additional distribution at each new Congress
TITLE 1 -- GENERAL PROVISIONS
In addition the Superintendent of Documents shall, at the beginning
of the first session of each Congress, supply to each Senator and
Representative in such Congress, who may in writing apply for the same,
one copy each of the Code of Laws of the United States, the Code of Laws
relating to the District of Columbia, and the latest supplement to each
code: Provided, That such applicant shall certify in his written
application for the same that the volume or volumes for which he applies
is intended for his personal use exclusively: And provided further,
That no Senator or Representative during his term of service shall
receive under this section more than one copy each of the volumes
enumerated herein.
(July 30, 1947, ch. 388, 61 Stat. 640.)
01 USC 213. Appropriation for preparing and editing supplements
TITLE 1 -- GENERAL PROVISIONS
For preparation and editing an annual appropriation of $6,500 is
authorized to carry out the purposes of sections 202 and 203 of this
title.
(July 30, 1947, ch. 388, 61 Stat. 640.)
02 USC
TITLE 2 -- THE CONGRESS
02 USC TITLE 2 -- THE CONGRESS
TITLE 2 -- THE CONGRESS
Chap. Sec.
1. Election of Senators and Representatives 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 Procedure; Investigations 190
7. Contested Elections (Repealed) 201
8. Federal Corrupt Practices (Repealed) 241
8A. Regulation of Lobbying 261
9. Office of Legislative Counsel 271
9A. Office of Law Revision Counsel 285
9B. Legislative Classification Office 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. Citizens' Commission on Public Service and Compensation 351
12. Contested Elections 381
13. Joint Committee on Congressional Operations 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 681
18. Legislative Personnel Financial Disclosure Requirements 701
19. Congressional Award Program 801
20. Emergency Powers To Eliminate Budget Deficits 901
21. Civic Achievement Award Program in Honor of Office of Speaker of
House of Representatives (Repealed) 1001
22. John C. Stennis Center for Public Service Training and
Development 1101
23. Government Employee Rights 1201
02 USC CHAPTER 1 -- ELECTION OF SENATORS AND REPRESENTATIVES
TITLE 2 -- THE CONGRESS
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 figures 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.
02 USC 1. Time for election of Senators
TITLE 2 -- THE CONGRESS
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 commencing on
the 3d day of January next thereafter.
(June 4, 1914, ch. 103, 1, 38 Stat. 384; June 5, 1934, ch. 390, 3,
48 Stat. 879.)
1934 -- Act June 5, 1934, substituted ''3d day of January'' for
''fourth day of March''.
The first section of Amendment XX to the Constitution 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.
02 USC 1a. Election to be certified by governor
TITLE 2 -- THE CONGRESS
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.)
R.S. 18 derived from act July 25, 1866, ch. 245, 3, 14 Stat. 244.
02 USC 1b. Countersignature of certificate of election
TITLE 2 -- THE CONGRESS
The certificate mentioned in section 1a of this title shall be
countersigned by the secretary of state of the State.
(R.S. 19.)
R.S. 19 derived from act July 25, 1866, ch. 245, 3, 14 Stat. 244.
02 USC 2. Omitted
TITLE 2 -- THE CONGRESS
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 enumerated. For provisions dealing
with reapportionment of Representatives and manner of election, etc.,
see sections 2a and 2b of this title.
02 USC 2a. Reapportionment of Representatives; time and manner;
existing decennial census figures as basis; statement by President;
duty of clerk
TITLE 2 -- THE CONGRESS
(a) On the first day, or within one week thereafter, of the first
regular session of the Eighty-second 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 population, and the number of Representatives to
which each State would be entitled under an apportionment of the then
existing number of Representatives by the method known as the method of
equal proportions, no State to receive less than one Member.
(b) Each State shall be entitled, in the Eighty-third 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 statement 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
vacancy 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; and in case of vacancies in the
offices of both the Clerk and the Sergeant at Arms, or the absence or
inability of both to act, such duty shall devolve upon the Doorkeeper of
the House of Representatives.
(c) Until a State is redistricted in the manner provided by the law
thereof after any apportionment, 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 prescribed 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 Representatives, 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 Representatives but the number of districts in such State is
less than such number of Representatives, the number of Representatives
by which such number 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.)
1941 -- Act Nov. 15, 1941, provided for reapportionment based on
seventeenth and subsequent decennial censuses.
1940 -- Act Apr. 25, 1940, provided for reapportionment based on
sixteenth decennial census.
Apportionment of Representatives among the several States, see Const.
Art. I, 2, cl. 3, and Amend. XIV, 2.
Representation of States of Alaska and Hawaii in House of
Representatives as not affecting basis of apportionment 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
Insular 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.
02 USC 2b. Number of Representatives from each State in 78th and
subsequent Congresses
TITLE 2 -- THE CONGRESS
Each State shall be entitled, in the Seventy-eighth and in each
Congress thereafter until the taking effect of a reapportionment under a
subsequent statute or section 2a of this title, to the number of
Representatives shown in the statement transmitted to the Congress on
January 8, 1941, based upon the method known as the method of equal
proportions, no State to receive less than one Member.
(Nov. 15, 1941, ch. 470, 2(a), 55 Stat. 762.)
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.
02 USC 2c. Number of Congressional Districts; number of
Representatives from each District
TITLE 2 -- THE CONGRESS
In each State entitled in the Ninety-first Congress or in any
subsequent Congress thereafter to more than one Representative under an
apportionment made pursuant to the provisions of section 2a(a) of this
title, there shall be established 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.)
02 USC 3, 4. Omitted
TITLE 2 -- THE CONGRESS
Section 3, act Aug. 8, 1911, ch. 5, 3, 37 Stat. 14, which related
to election by districts, expired by its own limitation upon 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
upon 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).
02 USC 5. Nominations for Representatives at large
TITLE 2 -- THE CONGRESS
Candidates for Representative or Representatives 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.)
02 USC 6. Reduction of representation
TITLE 2 -- THE CONGRESS
Should any State deny or abridge the right of any of the male
inhabitants thereof, being twenty-one years of age, and citizens of the
United States, to vote at any election named in the amendment to the
Constitution, article 14, section 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.)
R.S. 22 derived from act Feb. 2, 1872, ch. 11, 6, 17 Stat. 29.
02 USC 7. Time of election
TITLE 2 -- THE CONGRESS
The Tuesday next after the 1st Monday in November, in every even
numbered year, is established 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.)
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 section 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.
1934 -- Act June 5, 1934, substituted ''3d day of January'' for
''fourth day of March''.
The first section of Amendment XX to the Constitution provides:
''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 Representatives, see Const. Art. I, 4, cl. 1.
02 USC 8. Vacancies
TITLE 2 -- THE CONGRESS
The time for holding elections in any State, District, or Territory
for a Representative or Delegate to fill a vacancy, whether such vacancy
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 prescribed
by the laws of the several States and Territories respectively.
(R.S. 26.)
R.S. 26 derived from act Feb. 2, 1872, ch. 11, 4, 17 Stat. 28.
Vacancies in the House of Representatives, see Const. Art. I, 2, cl.
4.
02 USC 9. Voting for Representatives
TITLE 2 -- THE CONGRESS
All votes for Representatives in Congress must be by written or
printed ballot, or voting machine the use of which has been duly
authorized by the State law; and all votes received or recorded
contrary to this section shall be of no effect.
(R.S. 27; Feb. 14, 1899, ch. 154, 30 Stat. 836.)
R.S. 27 derived from acts Feb. 28, 1871, ch. 99, 19, 16 Stat.
440, and May 30, 1872, ch. 239, 17 Stat. 192.
02 USC CHAPTER 2 -- ORGANIZATION OF CONGRESS
TITLE 2 -- THE 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. Delegate from District of Columbia; applicability of certain
Federal laws.
26. Roll of Representatives-elect.
27. Change of place of meeting.
28. Parliamentary precedents of House of Representatives.
(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; biennial 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 Ninety-fifth 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 Committee 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 summary form; form and distribution to Members 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 Representatives.
(a) Caucus or conference for incumbent Members reelected to and
Members-elect of ensuing Congress; time and procedure for calling.
(b) Payment and reimbursement for travel and per diem expenses for
Members attending caucus or conference; exceptions; regulations
governing payments and reimbursements; reimbursement vouchers.
(c) Availability of House contingent fund.
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 institutions appropriated for.
30a. Jury duty exemption of elected officials of legislative branch.
02 USC 21. Oath of Senators
TITLE 2 -- THE CONGRESS
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.)
R.S. 28 derived from act June 1, 1789, ch. 1, 2, 1 Stat. 23.
02 USC 22. Oath of President of Senate
TITLE 2 -- THE CONGRESS
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.)
R.S. 29 derived from act June 1, 1789, ch. 1, 2, 1 Stat. 23.
02 USC 23. Presiding officer of Senate may administer oaths
TITLE 2 -- THE CONGRESS
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.)
02 USC 24. Secretary of Senate or assistant secretary may administer
oaths
TITLE 2 -- THE CONGRESS
The Secretary of the Senate, and the assistant secretary thereof,
shall, respectively, have power to administer any oath or affirmation
required 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; July 9, 1971, Pub. L.
92-51, 85 Stat. 125.)
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.
02 USC 25. Oath of Speaker, Members, and Delegates
TITLE 2 -- THE CONGRESS
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 Delegates present, and to the Clerk, previous to
entering on any other business; and to the Members and Delegates who
afterward appear, previous 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,
furnishing 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 admissible 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.)
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.
1948 -- Act Feb. 18, 1948, added last two paragraphs to provide a
way by which any Member of the House of Representatives can establish by
record evidence the fact that he took the oath of office and so became a
member.
Provisions respecting representation in Congress by a delegate from
District of Columbia to House of Representatives, see section 25a of
this title.
Provisions respecting representation in Congress by a Delegate from
Guam and Virgin Islands to House of Representatives, see section 1711 et
seq. of Title 48, Territories and Insular Possessions.
02 USC 25a. Delegate to House of Representatives from District of
Columbia
TITLE 2 -- THE CONGRESS
(a) The people of the District of Columbia shall be represented in
the House of Representatives by a Delegate, to be known as the
''Delegate to the House of Representatives from the District of
Columbia'', who shall be elected by the voters of the District of
Columbia in accordance 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
granted a Representative by section 6 of Article I of the Constitution,
and shall be subject to the same restrictions and regulations as are
imposed by law or rules on Representatives. The Delegate shall be
elected to serve during each Congress.
(b) No individual may hold the office of Delegate 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 Columbia 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 three-year period ending on such date.
He shall forfeit his office upon failure to maintain the
qualifications required by this subsection.
(Pub. L. 91-405, title II, 202, Sept. 22, 1970, 84 Stat. 848.)
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 appears in subchapter I ( 1-1301 et seq.) of chapter 13 of Title
1, Administration, of the District of Columbia Code. Section 2(2) of
that Act appears in section 1-1302(2) of the District of Columbia Code.
Section is also set out in D.C. Code 1-401.
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 Organization 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).''
02 USC 25b. Delegate from District of Columbia; applicability of
certain Federal laws
TITLE 2 -- THE CONGRESS
The provisions of law which appear in --
(1) section 25 (relating to oath of office),
(2) section 31 (relating to compensation),
(3) section 34 (relating to payment of compensation),
(4) section 35 (relating to payment of compensation),
(5) section 37 (relating to payment of compensation),
(6) section 38a (relating to compensation),
(7) section 39 (relating to deductions for absence),
(8) section 40 (relating to deductions for withdrawal),
(9) section 40a (relating to deductions for delinquent indebtedness),
(10) section 41 (relating to prohibition on allowance for
newspapers),
(11) section 42c (relating to postage allowance),
(12) section 46b (relating to stationery allowance),
(13) section 46b-1 (relating to stationery allowance),
(14) section 46b-2 (relating to stationery allowance),
(15) section 46g (relating to telephone, telegraph, and
radiotelegraph allowance),
(16) section 47 (relating to payment of compensation),
(17) section 48 (relating to payment of compensation),
(18) section 49 (relating to payment of compensation),
(19) section 50 (relating to payment of compensation),
(20) section 54 (relating to provision of United States Code
Annotated or Federal Code Annotated),
(21) section 60g-1 /1/ (relating to clerk hire),
(22) section 60g-2(a) /1/ (relating to interns),
(23) section 80 (relating to payment of compensation),
(24) section 81 /1/ (relating to payment of compensation),
(25) section 82 /1/ (relating to payment of compensation),
(26) section 92 (relating to clerk hire),
(27) section 92b (relating to pay of clerical assistants),
(28) section 112e (relating to electrical and mechanical office
equipment),
(29) section 122 /1/ (relating to office space in the District of
Columbia), and
(30) section 123b (relating to use of House Recording Studio),
of this title shall apply with respect to the Delegate to the House
of Representatives from the District of Columbia in the same manner and
to the same extent as they apply with respect to a Representative. The
Federal Corrupt Practices Act and the Federal Contested Election Act (2
U.S.C. 381 et seq.) shall apply with respect to the Delegate to the
House of Representatives from the District of Columbia in the same
manner and to the same extent as they apply with respect to a
Representative.
(Pub. L. 91-405, title II, 204(a), Sept. 22, 1970, 84 Stat. 852.)
Section 60g-1 of this title, referred to in par. (21), was repealed
by Pub. L. 91-510, title IV, 477(a)(2), Oct. 26, 1970, 84 Stat. 1195.
See section 332 of this title.
Section 60g-2 of this title, referred to in par. (22), which was
based on House Resolution No. 416, Eighty-ninth Congress, June 16,
1965, as enacted into permanent law by Pub. L. 89-545, 103, Aug. 27,
1966, 80 Stat. 369, was repealed by section 2 of House Resolution No.
420, Ninety-third Congress, Sept. 18, 1973, as enacted into permanent
law by Pub. L. 93-245, ch. VI, 600, Jan. 3, 1974, 87 Stat. 1979.
Present section 60g-2 of this title is based on section 1 of House
Resolution No. 420 as enacted into permanent law by Pub. L. 93-245.
Section 81 of this title, referred to in par. (24), was repealed by
Pub. L. 93-344, title V, 505(2), July 12, 1974, 88 Stat. 322.
Section 82 of this title, referred to in par. (25), was repealed by
Pub. L. 92-310, title II, 220(d), (e), June 6, 1972, 86 Stat. 204.
Section 122 of this title, referred to in par. (29), was repealed by
Pub. L. 95-391, title I, 111, Sept. 30, 1978, 92 Stat. 778. See
section 122b et seq. of this title.
The Federal Corrupt Practices Act, referred to in text, is act Feb.
28, 1925, ch. 368, title III, 301-317, 43 Stat. 1070, as amended,
which was classified generally to chapter 8 ( 241 et seq.) of this
title, was repealed by acts June 25, 1948, ch. 645, 21, 62 Stat. 862,
and Feb. 7, 1972, Pub. L. 92-225, title IV, 405, 86 Stat. 20, and is
covered generally by chapter 14 ( 431 et seq.) of this title. For
further details and for complete classification of this Act to the Code
prior to its repeal, see notes set out under section 241 et seq. of this
title and Tables.
The Federal Contested Elections Act, referred to in text, is Pub. L.
91-138, Dec. 5, 1969, 83 Stat. 284, which is classified generally to
chapter 12 ( 381 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under section 381 of
this title and Tables.
Section is also set out in D.C. Code 1-402.
Section effective Sept. 22, 1970, see section 206(b) of Pub. L.
91-405, set out as a note under section 25a of this title.
/1/ See References in Text note below.
02 USC 26. Roll of Representatives-elect
TITLE 2 -- THE CONGRESS
Before the first meeting of each Congress the Clerk of the next
preceding House of Representatives shall make a roll of the
Representatives-elect, and place thereon the names of those persons, and
of such persons only, whose credentials show that they were regularly
elected in accordance with the laws of their States respectively, 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 preparation of the roll of Representatives or the organization of
the House, those duties shall devolve on the Sergeant at Arms of the
next preceding House of Representatives. In case of vacancies in the
offices of both the Clerk and the Sergeant at Arms, or of the absence 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.
(R.S. 31-33.)
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 constitutes second
sentence, and R.S. 33 constitutes the third sentence.
02 USC 27. Change of place of meeting
TITLE 2 -- THE CONGRESS
Whenever Congress is about to convene, and from the prevalence of
contagious sickness, or 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
authorized, by proclamation, to convene Congress at such other place as
he may judge proper.
(R.S. 34.)
R.S. 34 derived from act Apr. 3, 1794, ch. 17, 1 Stat. 353.
Removal of public offices from seat of government because of
prevalence of contagious or epidemic disease, see section 73 of Title 4,
Flag and Seal, Seat of Government, and the States.
02 USC 28. Parliamentary precedents of House of Representatives
TITLE 2 -- THE CONGRESS
(a) Periodic compilation; other useful materials; index digest;
date of completion
The Parliamentarian of the House of Representatives, at the beginning
of the fifth fiscal year following the completion and publication of the
parliamentary precedents of the House authorized by the Legislative
Branch Appropriation 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, together with such other materials as
may be useful 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 immediately following the
fiscal year in which such work is commenced.
(b) Form, number, and distribution of compilation
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 determine 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 Parliamentarian may --
(1) subject to the approval of the Speaker, appoint (as employees of
the House of Representatives) clerical and other personnel and fix their
respective rates of pay; and
(2) utilize the services of personnel of the Library of Congress and
the Government Printing Office.
(Pub. L. 91-510, title III, 331, Oct. 26, 1970, 84 Stat. 1186.)
The Legislative Branch Appropriation Act, 1966, referred 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.
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.
Establishment of Office of Parliamentarian of House of
Representatives, see section 287 et seq. of this title.
02 USC 28a. Compilation of the Precedents of House of Representatives;
date of completion; biennial update; printing and availability of
copies
TITLE 2 -- THE CONGRESS
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.)
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.
Pub. L. 93-554 provided that the enactment of House Resolution No.
988, Ninety-third Congress, into permanent law is effective Jan. 2,
1975.
02 USC 28b. Printing and binding as public document of Precedents of
House of Representatives; number of sets authorized
TITLE 2 -- THE CONGRESS
(a) There shall be printed and bound as a public document two
thousand sets of the Precedents 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 printed and bound by or
pursuant to sections 28b to 28e of this title shall be in lieu of the
usual number of copies for binding and distribution required by section
701 of title 44.
(Pub. L. 94-551, 1, Oct. 18, 1976, 90 Stat. 2537.)
The Legislative Branch Appropriation Act, 1966, referred 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.
02 USC 28c. Distribution of Precedents by Public Printer
TITLE 2 -- THE CONGRESS
(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 volume of
the set.
(b) Members of Congress following Ninety-fifth Congress not already
having sets of Precedents; necessity of written request to
Superintendent of Documents for set
Each Senator or Representative in, or Delegate or Resident
Commissioner to, each Congress following the Ninety-fifth Congress who
has not theretofore received a set of the Precedents shall be entitled
to receive one set of the Precedents, upon transmitting a written
request for such set to the Superintendent of Documents.
(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 Representatives, 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
Representives, /1/ 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 Representatives, to the Sergeant at
Arms of the House of Representatives, and to the Doorkeeper of the House
of Representatives, each, 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 document room, two sets;
(8) to the superintendent of the Senate document room, two sets;
(9) to the Library of Congress, for international exchange and for
official use in Washington, District of Columbia, one hundred and fifty
sets;
(10) to the National Archives, three sets;
(11) to the government of the District of Columbia, 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.)
/1/ So in original. Probably should be ''Representatives,''.
02 USC 28d. Distribution of Precedents by Public Printer for official
use; particular distribution; marking and ownership of sets
TITLE 2 -- THE CONGRESS
(a) The Public Printer shall make the following 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 Representatives, 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 section 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.)
02 USC 28e. Distribution of Precedents by Joint Committee on Printing
of surplus sets; additional printing, etc., of sets under authority of
Joint Committee
TITLE 2 -- THE CONGRESS
(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
distributions 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 additional 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.)
02 USC 29. Condensed and simplified versions of House precedents;
other useful materials in summary form; form and distribution to
Members of Congress, Resident Commissioner from Puerto Rico, and others;
appointment and compensation of personnel; utilization of services of
personnel of Federal agencies
TITLE 2 -- THE CONGRESS
The Parliamentarian of the House of Representatives shall prepare,
compile, and maintain on a current basis and in cumulative form, for
each Congress commencing with the Ninety-third Congress a condensed and,
insofar as practicable, up-to-date version of all of the parliamentary
precedents of the House of Representatives which have current use and
application 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 printed copy thereof to each Member in each Congress,
including the Resident Commissioner from Puerto Rico, and may make such
other distribution of such printed copies as he considers advisable. In
carrying out this section, the Parliamentarian 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.)
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.
Establishment of Office of Parliamentarian of House of
Representatives, see section 287 et seq. of this title.
02 USC 29a. Early organization of House of Representatives
TITLE 2 -- THE CONGRESS
(a) Caucus or conference for incumbent Members reelected to and
Members-elect of ensuing 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
election of Members to the ensuing Congress, the Clerk shall furnish
each Member-elect of the party involved with appropriate written
notification of the caucus or conference.
(3) If a vacancy occurs in the office of majority leader or minority
leader during any even-numbered year (and has not been filled), the
chairman of the caucus or conference of the party involved for the
current Congress may call an organizational caucus or conference under
paragraph (1) by filing written notice thereof as provided 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; reimbursement vouchers
(1)(A) Each Member-elect (other than an incumbent Member reelected to
the ensuing Congress) who attends a caucus or conference called under
subsection (a) of this section, and each incumbent Member reelected to
the ensuing Congress 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 residence
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 Finance Office
of the House before such caucus or conference.
(B) Each Member-elect (other than an incumbent 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 expenses incurred in connection with his or her
attendance at such caucus or conference for a period 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 Members-elect under paragraph (1)
shall be made as provided (with respect to Members) in the regulations
prescribed by the Committee on House Administration with respect to
travel and other expenses of committees and Members. Reimbursements
shall be paid on special voucher forms prescribed by the Committee on
House Administration.
(c) Availability of House contingent fund
The contingent fund of the House is made available to carry out the
purposes of this section.
(Pub. L. 93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.)
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.
Pub. L. 93-554 provided that the enactment of House Resolution No.
988, Ninety-third Congress, into permanent law is effective Jan. 2,
1975.
02 USC 29b, 29c. Omitted
TITLE 2 -- THE CONGRESS
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 Facilities in House of Representatives to be composed of nine
members of the House appointed by Speaker, requiured Speaker to appoint
an Advisory Council to assist Commission in carrying out its functions,
required Commission to conduct study of informational problems,
facilities and space, and House legislative counsel requirements,
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 Resolution 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, established in House of
Representatives an Office for the Bicentennial of the House of
Representatives to coordinate planning of commemoration of two-hundredth
anniversary of House of Representatives and to be staffed by a
professional historian appointed by Speaker without 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).
02 USC 29d. Committee on Standards of Official Conduct of House of
Representatives
TITLE 2 -- THE CONGRESS
(a) Omitted
(b) Committee composition
The respective party caucus or conference of the House of
Representatives shall each nominate to the House of Representatives at
the beginning of each Congress 7 members to serve on the Committee on
Standards of Official Conduct.
(c) Investigative subcommittees
The Committee on Standards of Official Conduct shall adopt rules
providing --
(1) for the establishment of a 4 or 6-member investigative
subcommittee (with equal representation from the majority and minority
parties) whenever the committee votes to undertake any investigation;
(2) that the senior majority and minority members on an investigative
subcommittee shall serve as the chairman and ranking minority 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
investigative subcommittee.
Clause 5(d) of rule XI of the Rules of the House of Representatives
shall not apply to any investigative subcommittee.
(d) Adjudicatory subcommittees
The Committee on Standards of Official Conduct shall adopt rules
providing --
(1) that upon the completion of an investigation, an investigative
subcommittee shall report 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 disciplinary 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 statement of alleged violation and any written response
thereto shall be included in the committee's final report to the House
of Representatives as required by clause 4(e)(1)(B) of rule X of the
Rules of the House of Representatives;
(4) that a quorum for an adjudicatory subcommittee for the purpose of
taking testimony and conducting any business shall consist 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 of the Rules of the House of Representatives
shall not apply to any adjudicatory 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 consultation with the ranking minority member, and
shall be comprised of such staff as the chairman determines is necessary
to carry out the responsibilities 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 written 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 general applicability.
(D) Developing and carrying out, subject to the approval of the
chairman, periodic educational briefings for Members, officers and
employees of the House on those laws, rules, regulations, or other
standards of conduct applicable to them.
(4) No information provided to the Committee on Standards of Official
Conduct by a Member, officer or employee of the House of Representatives
when seeking advice regarding prospective conduct of such Member,
officer or employee may be used as the basis for initiating an
investigation under clause 4(e)(1)(B) of rule X 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 before noon January 3,
1991, except that subsections (g), (h), and (i) shall take effect on
January 1, 1990.
(Pub. L. 101-194, title VIII, 803, Nov. 30, 1989, 103 Stat. 1774.)
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.
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
prohibit lodging received as personal hospitality in excess of 30 days
in any calendar year from any individual unless 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 of the Rules of the House of Representatives.''
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 opinion to provide for appropriate conditions for the
incidental noncampaign use of vehicles owned or leased by a campaign
committee of a Member of the House of Representatives.''
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 January 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-finding activity.
''(b) Exemption Authority. -- The Committee on Standards of Official
Conduct of the House of Representatives is authorized to grant prior
written exemptions from the limitations contained in subsection (a)(1)
in exceptional circumstances.''
02 USC 30. Term of service of Members of Congress as trustees or
directors of corporations or institutions appropriated for
TITLE 2 -- THE CONGRESS
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 Congress makes any appropriation,
the term of said Members or Senators, as such trustee or director, 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.)
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.
02 USC 30a. Jury duty exemption of elected officials of legislative
branch
TITLE 2 -- THE CONGRESS
(a) Notwithstanding any other provision of Federal, State or local
law, no elected official of the legislative branch of the United States
Government 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.)
Section is from the Legislative Branch Appropriations Act, 1991.
02 USC CHAPTER 3 -- COMPENSATION AND ALLOWANCES OF MEMBERS
TITLE 2 -- THE CONGRESS
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 Majority and Minority
Leaders of Senate.
(a) Establishment; purpose.
(b) Payments; allotment; reimbursement for actual expenses;
taxability.
(c) Authorization of appropriations.
31a-2a. Transfer of funds from representation allowance of Majority
and Minority Leaders of Senate to expense allowance; availability;
definitions.
31a-2b. Transfer of funds from appropriations account of Majority
and Minority Leaders of Senate to appropriations account for
''Miscellaneous 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.
31b. Expense allowance of Speaker of House of Representatives.
31b-1. Former Speakers of House of Representatives; 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 administration, 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 administration, etc.,
of matters pertaining to incumbency in office as Representative and
Speaker; compensation and status of staff.
31b-6, 31c. Repealed.
32. Compensation of President pro tempore of Senate.
32a. Compensation of Deputy President pro tempore of Senate.
32b. Expense allowance of President pro tempore of Senate; methods
of payment; taxability.
33. Senators' salaries.
34. Representatives' and Delegates' salaries payable 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 unexpired terms.
38. Omitted.
38a. Disposition of unpaid salary and other sums upon 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. Newspapers.
42. Postage.
42a. Special delivery postage allowance for President of Senate.
42a-1, 42b. Omitted.
42c. Airmail and special delivery stamps for House Members and
standing committees.
42d. Airmail and special delivery stamps for House Speaker, leaders,
whips, and officers.
43. Mileage of Senators, Representatives, and Delegates.
43a. Mileage of President of Senate.
43b. Reimbursement of House Members for additional transportation
expenses.
43b-1. Election by House Members of lump sum transportation payment
in lieu of reimbursement of transportation expenses.
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 Secretary of Senate to assist;
termination of employment.
(b) Payment of salaries of appointed employees; 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
Washington, D.C. for business of impending Congress; funding; maximum
amount.
(d) Payment of telegram and telephone charges incurred by
Senator-elect; funding; maximum amount.
44 to 46. Omitted.
46a. Stationery allowance for President of Senate.
46a-1. Senate revolving fund for stationery allowances;
availability of unexpended balances; withdrawals.
46a-2 to 46a-4. Omitted or Repealed.
46b. Stationery allowance for House Members.
46b-1. House revolving fund for stationery allowances; disposition
of moneys from stationery sales; availability of unexpended balances.
46b-2. Prorated stationery allowance for House Members.
46c, 46d. Repealed.
46d-1. Long-distance telephone calls for Vice President.
46d-2 to 46f-1. Repealed or Omitted.
46g. Telephone, telegraph, and radiotelegraph allowances for House
Members.
46g-1. Telephone allowances for House Members for strictly official
telephone service.
46h. Repealed.
46i. Definitions.
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. United States Code Annotated or Federal Code Annotated;
procurement for House Members.
55. United States Code Annotated or United States Code Service;
procurement for Senators.
56. Office expenses within the District of Columbia of the Delegate
from the District of Columbia.
57. Adjustment of allowances by Committee on House Administration.
57a. Limitation on authority of Committee on House Administration to
fix and adjust allowances.
58. Mail, telegraph, telephone, stationery, office supplies, and
home State office and travel expenses for Senators.
(a) Authorization for payment from Senate contingent fund.
(b) Limits for authorized expenses; recalculation formula.
(c), (d) Repealed.
(e) Transportation, essential travel-related expenses, and per diem
expenses; 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 academies, 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; settlement.
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 equipment 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 Expense Account.
58c-1. Transfer of funds by Members of Senate from Senate Official
Mail Costs Account to Senator's Official Personnel and Office Expense
Account; writing respecting transfer to Financial Clerk of Senate;
available amount and uses.
59. Home State office space for Senators; lease of office space.
(a) Procurement by Sergeant at Arms of Senate in places designated by
Senator; places subject to use; lease of office space.
(b) Maximum amount of aggregate square feet for each Senator.
(c) Maximum annual rental rate; maximum aggregate amount for
acquisition of furniture, equipment, and other office furnishings.
(d) Senators subject to maximum amount of aggregate square feet and
maximum annual rental rate.
(e) Mobile office.
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 purchase; price.
(c) Remittance of amounts received to General Services
Administration; disposition.
59c. Transferred.
59d. Transportation of official records and papers to House Members'
district.
(a) Payment of reasonable expenses from contingent fund of House;
rules and regulations.
(b) ''Member'' and ''official records and papers'' defined.
59e. Official mail of persons entitled to use congressional frank.
(a) Congressional committee regulations for expenditure of
appropriations for official mail.
(b) Postmaster General functions.
(c) Source of funds for expenses of official mail.
(d) Maintenance or use of unofficial office accounts or defrayal of
official expenses from certain funds prohibited.
(e) Official Mail Allowance in House of Representatives.
(f) Mass mailing; submission of samples or description of proposed
mail matter; advisory opinion.
(g) ''Member of the House of Reperesentatives'' 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 tabulations.
59g. Mass mailing of information by Senators under frank; quarterly
registration with Secretary of Senate.
02 USC 31. Compensation of Members of Congress
TITLE 2 -- THE 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 Commissioner
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 Representatives, and
(C) the Speaker of the House of Representatives,
shall be the rate determined for such positions under chapter 11 of
this title, as adjusted by paragraph (2) of this section.
(2) 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 corresponds to 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.
(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;
Aug. 14, 1964, Pub. L. 88-426, title II, 204, 78 Stat. 415; Oct. 29,
1965, Pub. L. 89-301, 11(e), 79 Stat. 1120; Sept. 15, 1969, Pub. L.
91-67, 2, 83 Stat. 107; Aug. 9, 1975, Pub. L. 94-82, title II, 204(a),
89 Stat. 421; Nov. 30, 1989, Pub. L. 101-194, title VII, 704(a)(2)(B),
103 Stat. 1769; Nov. 5, 1990, Pub. L. 101-509, title V, 529 (title I,
101(b)(4)(D)), 104 Stat. 1427, 1439.)
Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in
par. (2), is section 704(a)(1) of Pub. L. 101-194, which is set out as
a note under section 5318 of Title 5, Government Organization and
Employees.
The General Schedule, referred to in par. (2), is set out under
section 5332 of Title 5.
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.
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 provisions setting rate of compensation at $42,500 for
Senators, Representatives, Delegates, and Resident Commissioner, $62,500
for Speaker, and $49,500 for President pro tempore of Senate and
Majority and Minority Leaders of House and Senate, and added par. (2).
1969 -- Pub. L. 91-67 increased compensation of Speaker 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 Senate and House of
Representatives at $35,000 per annum each.
1964 -- Pub. L. 88-426 increased compensation of Senators,
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 provisions which related to Delegates from the Territories.
1955 -- Act Mar. 2, 1955, increased salaries of Senators,
Representatives, Delegates, and Resident Commissioner 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.
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
Organization and Employees.
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.
Amendment by Pub. L. 91-67 effective Mar. 1, 1969, see section 3 of
Pub. L. 91-67, set out as a note under section 104 of Title 3, The
President.
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.
Amendment by Pub. L. 88-426 effective at noon, Jan. 3, 1965, see
section 501(b) of Pub. L. 88-426.
Section 5 of act Mar. 2, 1955, provided that: ''The provisions of
this Act (amending this section, section 104 of Title 3, The President,
section 7443 of Title 26, Internal Revenue Code, sections 5, 44, 135,
173, 213, 252, and 508 of Title 28, Judiciary and Judicial Procedure,
section 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.''
Amendment by act Jan. 19, 1949, effective at noon, Jan. 20, 1949,
see section 3 of act Jan. 19, 1949.
Section 601(a) of act Aug. 2, 1946, provided that the salary rates
provided by such section 601(a) are effective Jan. 3, 1947.
Section 201 of title II of Pub. L. 88-426 provided that: ''This
title (enacting sections 61a, 61a-2, 61d, 61e, 60e-11, 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 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
Legislative Salary Act of 1964'.''
Pub. L. 97-51, 130(c), Oct. 1, 1981, 95 Stat. 966, provided that:
''Effective beginning with fiscal year 1983, and continuing each year
thereafter, such sums as hereafter may be necessary for 'Compensation of
Members' (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 'Member' means each Member of the Senate and the
House of Representatives, the Resident Commissioner from Puerto Rico,
the Delegates from the District of Columbia, Guam, Virgin Islands, and
American Samoa, and the Vice President.''
1992 -- Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, set out
as a note under section 5332 of Title 5, Government Organization and
Employees, provided for the adjustment of pay rates effective Jan. 1,
1992.
1991 -- Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which
provided for adjustments of pay rates effecitive Jan. 1, 1991, was
superseded by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, 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 provided 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 effective 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 Representatives, and Resident Commissioner from
Puerto Rico increased 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 provided 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.
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 effective 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.
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 effective 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 Senator, President pro tempore of Senate, Majority Leader of Senate,
or Minority Leader of Senate during a calendar 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, increased
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 effective 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 Senators, 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 salary 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 effective 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 salary 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 effective 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 salary 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 judicial 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 effective 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 salary 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 Representatives and Resident Commissioner from
Puerto Rico increased to $57,500 per annum, on recommendation of the
President of the United States effective at the beginning 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 Organization and Employees,
provided that the first adjustment 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 section 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 effective 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 Representatives,
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 following
Jan. 15, 1969, set out as a note under section 358 of this title.
Act Aug. 7, 1953, ch. 353, 67 Stat. 485, which established 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 Representatives, and Members of Congress, was repealed by Pub.
L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 657.
Claims for overpayment of pay or allowances to Senators, see section
130c of this title.
Expense allowance of Speaker of House of Representatives, see section
31b of this title.
Retirement pay, see section 8331 et seq., of Title 5, Government
Organization and Employees.
02 USC 31-1. Repealed. Pub. L. 102-90, title I, 6(c), Aug. 14, 1991,
105 Stat. 451
TITLE 2 -- THE CONGRESS
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
accepted by Members of Congress.
02 USC 31-2. Gifts and travel
TITLE 2 -- THE CONGRESS
(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 corporation 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 Government Act of 1978; or
(C) of personal hospitality of an individual.
(3) For purposes of this subsection --
(A) the term ''gift'' means a payment, subscription, 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 consideration of
equal or greater value is received, but does not include (1) a political
contribution 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 interest 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 receives no other gifts that exceed
the restrictions in this rule, other than a suitable memento, (6) meals
or beverages consumed or enjoyed, 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 provided by such spouse or dependent; and
(B) the term ''relative'' has the same meaning 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 exercising reasonable
diligence to obtain the information necessary to comply with this rule,
unknowingly 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 foreign government or
organization if such participation 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
interests 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 Committee in writing whenever he
has permitted any officer or employee whom he supervises to participate
in any such program. The chairman of the Select Committee shall place
in the Congressional Record a list of all individuals, /4/
participating, the supervisors of such individuals where applicable;
/5/ and the nature and itinerary of such program.
(C) No Member, officer, or employee may accept funds in connection
with participation in a program permitted under subparagraph (A) if such
funds are not used for necessary food, lodging, 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 reasonable
expenses for food, lodging, or transportation 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 provides reimbursement for such expenses or which provides the
food, lodging, or transportation directly. 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 exclusive 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
payment for such expenses, for anyone accompanying a Member, officer, or
employee of the Senate, other than the spouse or child of such Member,
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.)
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. Section 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 Employees.
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.
1991 -- Subsec. (a)(1). Pub. L. 102-90, 314(c)(1)-(3), redesignated
par. (2) as (1), substituted ''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'' for ''having an aggregate value
exceeding $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 direct interest in legislation
before the Congress or from any foreign national unless, in an unusual
case, a waiver is granted by the Select Committee on Ethics.''
Subsec. (a)(2). Pub. L. 102-90, 314(c)(2), (4), redesignated 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 directly or indirectly on behalf of a foreign corporation,
partnership, or business enterprise, a foreign trade, cultural,
educational, or other association, a foreign political 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), redesignated 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 registered 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 legislation before the Congress; or
''(B) a corporation, labor organization, or other organization 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 employed or retained by such corporation, labor
organization, or other organization for the purpose of influencing
legislation before the Congress.''
Subsec. (a)(5) to (8). Pub. L. 102-90, 314(c)(2), redesignated 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 foreign corporation, partnership or business
enterprise, a foreign trade, cultural, educational or other association,
a foreign political party or a foreign government.''
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''.
Section 314(g) of Pub. L. 102-90 provided that: ''The amendments
made by this section (amending this section, sections 102 and 505 of the
Ethics in Government Act of 1978, Pub. L. 95-521, set out in the
Appendix to Title 5, Government Organization and Employees, and section
7701 of Title 26, Internal Revenue Code) shall take effect on January 1,
1992.''
/1/ So in original. Probably should be followed by a comma.
/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.
02 USC 31a. Repealed. Mar. 2, 1955, ch. 9, 4(b), 69 Stat. 11, eff.
Mar. 1, 1955
TITLE 2 -- THE CONGRESS
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, Representatives, Delegates, and
Resident Commissioner.
02 USC 31a-1. Expense allowance of Majority and Minority Leaders of
Senate; expense allowance of Majority and Minority Whips; methods of
payment; taxability
TITLE 2 -- THE CONGRESS
Effective fiscal year 1978 and each fiscal year thereafter, the
expense allowances of the Majority and Minority Leaders of the Senate
are increased to $10,000 each fiscal year for each leader: 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, during the period beginning on January 3, 1977,
and ending September 30, 1977, and during each fiscal year thereafter,
the Vice President, the Majority Leader, the Minority Leader, the
Majority Whip, and the Minority Whip may receive the expense allowance
(a) as reimbursement for actual expenses incurred upon certification and
documentation of such expenses by the Vice President, the respective
Leader or the respective Whip, or (b) in equal monthly payments:
Provided further, That effective January 3, 1977, the amounts paid to
the Vice President, the Majority or Minority Leader of the Senate, or
the Majority or Minority Whip of the Senate as reimbursement of actual
expenses incurred upon certification and documentation pursuant to the
second proviso of this section shall not be reported as income, and the
expenses so reimbursed 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.)
Section is based on the three provisos in paragraph under heading
''Expense Allowances of the Vice President, 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 Legislative Branch Appropriation Act, 1978 (Pub.
L. 95-94), and subsequent acts cited in the credits to this section.
1986 -- Pub. L. 99-514 substituted ''Internal Revenue Code of 1986''
for ''Internal Revenue Code of 1954'', 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, effective fiscal year 1983 and
each fiscal year thereafter, for provisions authorizing not to exceed
$2,500 each fiscal 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 thereafter, for provisions authorizing not to
exceed $5,000 each fiscal year for each leader, effective with fiscal
year 1977 and each fiscal year thereafter.
02 USC 31a-2. Representation Allowance Account for Majority and
Minority Leaders of Senate
TITLE 2 -- THE CONGRESS
(a) Establishment; purpose
There is hereby established an account, within the Senate, to be
known as the ''Representation Allowance Account for the Majority and
Minority 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 actual 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
Minority Leader. Amounts paid from such Allowance Account to the
Majority or Minority Leader 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 certification and documentation of such expenses.
Amounts paid to the Majority or Minority Leader pursuant to this section
shall not be reported as income and shall not be allowed as a deduction
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.)
Section is from the Supplemental Appropriations Act, 1985.
02 USC 31a-2a. Transfer of funds from representation allowance of
Majority and Minority Leaders of Senate to expense allowance;
availability; definitions
TITLE 2 -- THE CONGRESS
(a) The Secretary of the Senate shall, upon the written request of
the Majority or Minority Leader of the Senate, transfer from any
available 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 Allowance (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 Minority Leader.
(b)(1) The term ''Leader's Representation Allowance'' 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 Minority Leader of the Senate, refers to the moneys
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.)
Section is from the Supplemental Appropriations Act, 1987.
02 USC 31a-2b. Transfer of funds from appropriations account of
Majority and Minority Leaders of Senate to appropriations account for
''Miscellaneous Items'' within Senate contingent fund
TITLE 2 -- THE CONGRESS
(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 Employees'' and ''Offices of the Majority and
Minority Leaders'', such amount as either Leader shall specify to the
appropriations account, within the contingent fund of the Senate,
''Miscellaneous Items''.
(b) Authority to incur expenses
The Majority and Minority Leaders of the Senate are each authorized
to incur such expenses as may be necessary or appropriate. Expenses
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 defray expenses incurred in carrying out subsections (a)
and (b) of this section.
(Pub. L. 102-27, title II, Apr. 10, 1991, 105 Stat. 144.)
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.
02 USC 31a-3. Expense allowance for Chairmen of Majority and Minority
Conference Committees of Senate; method of payment; taxability
TITLE 2 -- THE CONGRESS
For each fiscal year (commencing with the fiscal year ending
September 30, 1985), there is hereby authorized an expense allowance for
the Chairmen of the Majority and Minority Conference 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 reimbursement for actual expenses incurred by him and upon
certification and documentation 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. 99-88, title I, Aug. 15, 1985, 99 Stat. 348.)
Section is from the Supplemental Appropriations Act, 1985.
02 USC 31b. Expense allowance of Speaker of House of Representatives
TITLE 2 -- THE CONGRESS
There shall be paid to the Speaker of the House of Representatives in
equal monthly installments an expense allowance of $10,000 per annum
(which shall be in lieu of the allowance provided by section 601(b) /1/
of the Legislative Reorganization Act of 1946, as amended) 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.)
Section 601(b) of the Legislative Reorganization Act of 1946, as
amended, referred to in text, was classified to section 31a of this
title, and was repealed by act Mar. 2, 1955, ch. 9, 4(b), 69 Stat.
11, eff. Mar. 1, 1955.
1951 -- Act Oct. 20, 1951, made Speaker's expense allowance taxable.
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.
Section effective at noon, Jan. 20, 1949, see section 3 of act Jan.
19, 1949.
Adjustment of allowances by Committee on House Administration, see
section 57 of this title.
/1/ See References in Text note below.
02 USC 31b-1. Former Speakers of House of Representatives; retention
of office, furniture, etc., in Congressional district following
expiration of term as Representative; exceptions
TITLE 2 -- THE CONGRESS
(a) Each former Speaker of the House of Representatives (hereafter
referred to in sections 31b-1 to 31b-6 of this title as the ''Speaker'')
is entitled to retain, for as long as he determines there is need
therefor, commencing at the expiration 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 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 maintained by the Government in a condition
appropriate for his use.
(b) Sections 31b-1 to 31b-6 of this title shall not apply with
respect to any former Speaker of the House of Representatives for any
period during which such former Speaker holds an appointive or elective
office or position in or under the Federal Government or the government
of 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.)
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 applied 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.
1985 -- Subsec. (a). Pub. L. 99-225 substituted ''one office
selected by him in order to facilitate the administration, settlement,
and conclusion of matters pertaining 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 maintained by the Government in a condition
appropriate for his use'' for ''the Federal office space which is
currently made available for his use in the congressional district
represented by him and which shall be maintained by the Government in a
condition appropriate for his use as he may request, together with all
furniture, equipment, and furnishings currently made available by the
Government for his use in connection with such office space, including
any necessary replacements of such office furniture, equipment, and
furnishings, in order to facilitate the administration, settlement, and
conclusion of matters pertaining to or arising out of his incumbency in
office as a Representative in Congress and as Speaker of the House of
Representatives''.
Section 7 of House Resolution No. 1238, Ninety-first Congress, Dec.
23, 1970, as enacted into permanent law by Pub. L. 91-665, provided
that: ''The foregoing provisions of this resolution (enacting sections
31b-1 to 31b-6 of this title) shall become effective on the date of the
enactment of this resolution as permanent law (Jan. 8, 1971).''
to Former Speakers of House of Representatives
Section 1(a) of Pub. L. 93-532 provided that: ''The provisions of
H. Res. 1238, Ninety-first Congress, as enacted into permanent law by
the Supplemental Appropriations Act, 1971 (84 Stat. 1989) (enacting
sections 31b-1 to 31b-6 of this title and provision set out as a note
under this section), are hereby extended to, and made applicable with
respect to, each former Speaker of the House of Representatives, as long
as he determines there is need therefor, commencing at the expiration of
his term of office as Representative in Congress.''
02 USC 31b-2. Allowance available to former Speaker for payment of
office and other expenses for administration, etc., of matters
pertaining to incumbency in office as Representative and Speaker
TITLE 2 -- THE CONGRESS
The Speaker is entitled to have the contingent fund of the House be
available for payment of, for as long as he determines there is need
therefor, commencing at the expiration of his term of office as a
Representative in Congress, an allowance equal to the base allowance
component of the Official Expenses Allowance then currently in effect
for each Member of the House (to be paid in the same manner as such
Allowance) for office and other expenses incurred in connection with the
administration, settlement, and conclusion of matters pertaining to or
arising out of his incumbency in office as a Representative in Congress
and as Speaker of the House of Representatives.
(Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L.
93-532, 1(a), Dec. 22, 1974, 88 Stat. 1723; Pub. L. 99-151, title I,
102(b), Nov. 13, 1985, 99 Stat. 797.)
Section is based on section 2 of House Resolution No. 1238,
Ninety-first Congress, Dec. 23, 1970, which was enacted into permanent
law by Pub. L. 91-665.
As originally enacted into permanent law, section applied 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 section 31b-1 of this
title.
1985 -- Pub. L. 99-151 substituted ''have the contingent fund of the
House be available for payment of'' for ''reimbursement, from the
contingent fund of the House'' and ''an allowance equal to the base
allowance component of the Official Expenses Allowance then currently in
effect for each Member of the House (to be paid in the same manner as
such Allowance)'' for ''in the manner provided by applicable provisions
of the Legislative Appropriation Act, 1955, as amended by the Act of
June 13, 1957 (71 Stat. 82; Public Law 85-54), and by the provisions of
House Resolution 831, Eighty-eighth Congress, adopted August 14, 1964,
enacted as permanent law by section 103 of the Legislative Branch
Appropriation Act, 1966 (79 Stat. 281; Public Law 89-90; 2 U.S.C.
122a), in an aggregate quarterly amount equal to the aggregate quarterly
amount to which a Member of the House of Representatives is entitled
under such provisions of law as in effect on January 8, 1971, or as
amended or supplemented after such date,''.
Section effective Jan. 8, 1971, see Effective Date note set out
under section 31b-1 of this title.
02 USC 31b-3. Repealed. Pub. L. 99-151, title I, 102(b), Nov. 13, 1985,
99 Stat. 797
TITLE 2 -- THE CONGRESS
Section, based on H. Res. No. 1238, 3, Dec. 23, 1970, enacted into
permanent law by Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat.
1989; Pub. L. 93-532, 1(a), Dec. 22, 1974, 88 Stat. 1723, provided
for reimbursement of the former Speaker of the House for telephone
service charges for administration, etc., of matters pertaining to
incumbency in office as Representative and Speaker.
02 USC 31b-4. Franked mail and printing privileges of former Speaker
TITLE 2 -- THE CONGRESS
(a) The Speaker may send mail as franked mail under sections 3210 and
3213 of title 39, and send and receive mail as franked mail under
section 3211 of that title, for as long as he determines there is need
therefor, commencing at the close of the period specified in those
sections following the expiration of his term of office as a
Representative in Congress. The postage on such mail, including
registry fees if registration is required, shall be paid and credited as
provided by section 3216(a) of title 39.
(b) For as long as he determines there is need therefor, commencing
at the expiration of his term of office as a Representative in Congress,
the Speaker shall be entitled to the benefits afforded by section 733 of
title 44.
(Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L.
93-532, 1(a), Dec. 22, 1974, 88 Stat. 1723.)
Section is based on section 4 of House Resolution No. 1238,
Ninety-first Congress, Dec. 23, 1970, which was enacted into permanent
law by Pub. L. 91-665.
As originally enacted into permanent law, section applied 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 section 31b-1 of this
title.
References to sections of Title 39, Postal Service, have been
substituted for references to obsolete sections of Title 39, The Postal
Service, in view of revision and reenactment of such Title by the Postal
Reorganization Act, Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 719.
Section effective Jan. 8, 1971, see Effective Date note set out
under section 31b-1 of this title.
02 USC 31b-5. Staff assistance to former Speaker for administration,
etc., of matters pertaining to incumbency in office as Representative
and Speaker; compensation and status of staff
TITLE 2 -- THE CONGRESS
In order to provide staff assistance to the Speaker in connection
with the administration, settlement, and conclusion of matters
pertaining to or arising out of his incumbency in office as a
Representative in Congress and as Speaker of the House of
Representatives, the contingent fund of the House is hereby made
available, for as long as he determines there is need therefor,
commencing at the expiration of the term of office of the Speaker as a
Representative in Congress to enable the Clerk of the House to pay the
salaries of an Administrative Assistant, who shall be paid at a basic
per annum rate of not to exceed the then current rate for step 5 of
level 11 of the House Employees Schedule, as determined by the Speaker,
a Secretary, who shall be paid at a basic per annum rate of not to
exceed the then current rate for step 9 of level 8 of such Schedule, as
determined by the Speaker, and an additional Secretary, who shall be
paid at a gross per annum rate of not to exceed the then current rate
for step 1 of level 6 of such Schedule as determined by the Speaker,
designated and appointed by the Speaker to serve as members of his
office staff in such period. Each person so designated and appointed
shall be held and considered, for the duration of such appointment, as
--
(1) an ''employee'' for the purposes of subchapter I of chapter 81
(relating to compensation for work injuries) of title 5, and
(2) a ''congressional employee'' within the meaning of section 2107
of title 5, for the purposes of --
(A) subchapter III (relating to civil service retirement) of chapter
83 of such title,
(B) chapter 87 (relating to Federal employees group life insurance)
of such title, and
(C) chapter 89 (relating to Federal employees group health insurance)
of such title.
(Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L.
93-532, 1(a), Dec. 22, 1974, 88 Stat. 1723; Pub. L. 95-94, title I,
115, Aug. 5, 1977, 91 Stat. 668; Pub. L. 99-151, title I, 102(a), Nov.
13, 1985, 99 Stat. 797.)
Section is based on section 5 of House Resolution No. 1238,
Ninety-first Congress, Dec. 23, 1970, which was enacted into permanent
law by Pub. L. 91-665.
Amendment by Pub. L. 95-94 is based on section 2 of House Resolution
No. 1576, Ninety-fourth Congress, Sept. 30, 1976, which was enacted
into permanent law by Pub. L. 95-94.
As originally enacted into permanent law, section applied 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 section 31b-1 of this
title.
1985 -- Pub. L. 99-151 substituted ''not to exceed the then current
rate for step 5 of level 11 of the House Employees Schedule'' for ''not
to exceed $3,000'' the first place it appeared, ''not to exceed the then
current rate for step 9 of level 8 of such Schedule'' for ''not to
exceed $3,000'' the second place it appeared, and ''not to exceed the
then current rate for step 1 of level 6 of such Schedule'' for ''not to
exceed $9,000''.
1977 -- Pub. L. 95-94 inserted reference to an additional Secretary
paid at a gross per annum of not to exceed $9,000 as determined by the
Speaker and struck out ''as Administrative Assistant or Secretary''
after ''Each person so designated and appointed''.
Section 2 of H. Res. 1576 provided that amendment is effective on
the date of enactment of such section 2 into permanent law, Aug. 5,
1977, the date of approval of Pub. L. 95-94. See Codification note
above.
Section effective Jan. 8, 1971, see Effective Date note set out
under section 31b-1 of this title.
02 USC 31b-6. Repealed. Pub. L. 99-151, title I, 102(b), Nov. 13, 1985,
99 Stat. 797
TITLE 2 -- THE CONGRESS
Section, based on H. Res. No. 1238, 6, Dec. 23, 1970, enacted into
permanent law by Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat.
1989; Pub. L. 93-532, 1(a), Dec. 22, 1974, 88 Stat. 1723, provided
for an allowance to the former Speaker of the House for stationery and
other office supplies.
02 USC 31c. Repealed. Pub. L. 97-51, 139(b)(2), Oct. 1, 1981, 95 Stat.
967
TITLE 2 -- THE CONGRESS
Section, acts July 9, 1952, ch. 598, 66 Stat. 467; Aug. 1, 1953,
ch. 304, title I, 67 Stat. 322, provided that, for taxable years
beginning after Dec. 31, 1953, the place of residence of a Member of
Congress (including any Delegate and Resident Commissioner) within the
State, congressional district, Territory, or possession which he
represented in Congress would be considered his home for the purposes of
tax provisions making deductible certain living expenses away from home,
but that amounts expended by such Member within each taxable year for
living expenses could not be deducted for income tax purposes in excess
of $3,000.
Repeal applicable to taxable years beginning after Dec. 31, 1980,
see section 139(b)(3) of Pub. L. 97-51, as amended, set out as an
Effective Date of 1981 Amendment note under section 162 of Title 26,
Internal Revenue Code.
02 USC 32. Compensation of President pro tempore of Senate
TITLE 2 -- THE CONGRESS
Whenever there is no Vice President, the President of the Senate for
the time being is entitled to the compensation provided by law for the
Vice President.
(R.S. 36.)
R.S. 36 derived from act Aug. 16, 1856, ch. 123, 2, 11 Stat. 48.
Compensation of Vice President, see section 104 of Title 3, The
President.
Mileage of President of Senate, see section 43a of this title.
02 USC 32a. Compensation of Deputy President pro tempore of Senate
TITLE 2 -- THE CONGRESS
Effective January 5, 1977, the compensation of a Deputy President pro
tempore of the Senate shall be at a rate equal to the rate of annual
compensation of the President pro tempore and the Majority and Minority
Leaders of the Senate.
(Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 79.)
Section is from the Supplemental Appropriations Act, 1977.
02 USC 32b. Expense allowance of President pro tempore of Senate;
methods of payment; taxability
TITLE 2 -- THE CONGRESS
Effective with fiscal year 1978 and each fiscal year thereafter,
there is hereby authorized an expense allowance for the President Pro
Tempore which shall not exceed $10,000 each fiscal year. The President
Pro Tempore may receive the expense allowance (1) as reimbursement for
actual expenses incurred upon certification and documentation of such
expenses by the President Pro Tempore, or (2) in equal monthly payments.
Such amounts paid to the President Pro Tempore as reimbursement of
actual expenses incurred upon certification and documentation pursuant
to this provision, shall not be reported as income, and the expenses so
reimbursed shall not be allowed as a deduction, under title 26.
(Pub. L. 95-355, title I, Sept. 8, 1978, 92 Stat. 532; Pub. L.
99-514, 2, Oct. 22, 1986, 100 Stat. 2095.)
1986 -- Pub. L. 99-514 substituted ''Internal Revenue Code of 1986''
for ''Internal Revenue Code of 1954'', which for purposes of
codification was translated as ''title 26'' thus requiring no change in
text.
02 USC 33. Senators' salaries
TITLE 2 -- THE CONGRESS
Senators elected, whose term of office begins on the 3d day of
January, and whose credentials in due form of law shall have been
presented in the Senate, may receive their compensation from the
beginning of their term.
(June 19, 1934, ch. 648, title I, 1, 48 Stat. 1022; Oct. 1, 1981,
Pub. L. 97-51, 112(b)(2), 95 Stat. 963.)
A prior section 33, act Mar. 3, 1883, ch. 143, 22 Stat. 632, which
entitled Senators to receive their compensation monthly, from the
beginning of their term, was repealed by section 112(b)(1) of Pub. L.
97-51.
1981 -- Pub. L. 97-51 struck out ''monthly'' after ''may receive
their compensation''.
Section 112(e) of Pub. L. 97-51 provided that: ''The amendments and
repeals made by this section (enacting section 35a of this title and
amending this section and sections 39 and 60c-1 of this title) shall be
effective in the case of compensation payable for months after December
1981.''
Claims for overpayment of pay or allowances to Senators, see section
130c of this title.
02 USC 34. Representatives' and Delegates' salaries payable monthly
TITLE 2 -- THE CONGRESS
Representatives and Delegates-elect to Congress, whose credentials in
due form of law have been duly filed with the Clerk of the House of
Representatives, in accordance with the provisions of section 26 of this
title, may receive their compensation monthly, from the beginning of
their term until the beginning of the first session of each Congress,
upon a certificate in the form now in use to be signed by the Clerk of
the House, which certificate shall have the like force and effect as is
given to the certificate of the Speaker.
(R.S. 38; Mar. 3, 1875, ch. 130, 1, 18 Stat. 389.)
R.S. 38 derived from act Mar. 3, 1873, ch. 226, 1, 17 Stat. 488.
02 USC 35. Salaries payable monthly after taking oath
TITLE 2 -- THE CONGRESS
Each Member and Delegate, after he has taken and subscribed the
required oath, is entitled to receive his salary at the end of each
month.
(R.S. 39.)
R.S. 39 derived from Res. Mar. 29, 1867, No. 18, 15 Stat. 24.
02 USC 35a. End-of-the-month salary payment schedule inapplicable to
Senators
TITLE 2 -- THE CONGRESS
Section 35 of this title shall not be construed as being applicable
to a Senator.
(Pub. L. 97-51, 112(c), Oct. 1, 1981, 95 Stat. 963.)
Provisions of subsec. (c) of section 112 of Pub. L. 97-51 that such
subsec. (c) would apply on and after the effective date of the
amendments and repeals made by section 112 of Pub. L. 97-51 were
omitted in the codification of this section since their impact was
identical to that of the effective date provisions of subsec. (e) of
section 112 of Pub. L. 97-51, set out as an Effective Date of 1981
Amendment note under section 33 of this title. See Effective Date note
below.
Section effective in the case of compensation payable for months
after December 1981, see section 112(e) of Pub. L. 97-51, set out as an
Effective Date of 1981 Amendment note under section 33 of this title.
02 USC 36. Salaries of Senators
TITLE 2 -- THE CONGRESS
Salaries of Senators appointed to fill vacancies in the Senate shall
commence on the day of their appointment and continue until their
successors are elected and qualified: Provided, That when Senators have
been elected during a sine die adjournment of the Senate to succeed
appointees, the salaries of Senators so elected shall commence on the
day following their election.
Salaries of Senators elected during a session to succeed appointees
shall commence on the day they qualify: Provided, That when Senators
have been elected during a session to succeed appointees, but have not
qualified, the salaries of Senators so elected shall commence on the day
following the sine die adjournment of the Senate.
When no appointments have been made the salaries of Senators elected
to fill such vacancies shall commence on the day following their
election.
(Feb. 10, 1923, ch. 68, 42 Stat. 1225; Feb. 6, 1931, ch. 111, 46
Stat. 1065; June 19, 1934, ch. 648, title I, 1, 48 Stat. 1022; Feb.
13, 1935, ch. 6, 1, 49 Stat. 22, 23.)
1935 -- Act Feb. 13, 1935, inserted proviso as to commencement of
salaries of Senators elected during a sine die adjournment on day
following their election and provision as to commencement of salaries of
Senators elected during a session to succeed appointees on day they
qualify but that upon failure to qualify their salaries are to commence
on day following sine die adjournment of Senate and struck out provision
that salaries of Senators elected to fill vacancies are to commence on
day they qualify
1934 -- Act June 19, 1934, made nonsubstantive changes in grammar and
punctuation.
1931 -- Act Feb. 6, 1931, made nonsubstantive changes in grammar and
punctuation and struck out ''to fill such vacancies'' after ''When no
appointments have been made''.
July 31, 1894, ch. 174, 28 Stat. 162.
R.S. 51.
The first section of amendment XX to the Constitution 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.''
Claims for overpayment or pay or allowances to Senators, see section
130c of this title.
02 USC 36a. Payment of sums due deceased Senators and Senate personnel
TITLE 2 -- THE CONGRESS
Under regulations prescribed by the Secretary of the Senate, a person
serving as a Senator or officer or employee whose compensation is
disbursed by the Secretary of the Senate may designate a beneficiary or
beneficiaries to be paid any unpaid balance of salary or other sums due
such person at the time of his death. When any person dies while so
serving, any such unpaid balance shall be paid by the disbursing officer
of the Senate to the designated beneficiary or beneficiaries. If no
designation has been made, such unpaid balance shall be paid to the
widow or widower of that person, or if there is no widow or widower, to
the next of kin or heirs at law of that person.
Section 50 of the Revised Statutes shall not be effective as to
persons included within the foregoing.
(Jan. 6, 1951, ch. 1213, Ch. I, 1, 64 Stat. 1224; Oct. 31, 1972,
Pub. L. 92-607, ch. V, 503, 86 Stat. 1505.)
Section 50 of the Revised Statutes, referred to in text, which
required payment of not less than three months' salary to the widow or
heirs at law of a deceased Member of or Delegate in Congress, was
classified to section 38 of this title and was omitted from the Code as
superseded by section 38a of this title.
1972 -- Pub. L. 92-607 inserted provisions for designation of a
beneficiary by Senators and officers and employees whose compensation is
disbursed by Secretary of Senate to whom shall be paid any unpaid
balance of salary or other sums due such person at time of death.
02 USC 37. Salaries of Representatives, Delegates, and Resident
Commissioners elected for unexpired terms
TITLE 2 -- THE CONGRESS
The salaries of Representatives in Congress, Delegates from
Territories, and Resident Commissioners, elected for unexpired terms,
shall commence on the date of their election and not before.
(July 16, 1914, ch. 141, 1, 38 Stat. 458.)
Resident Commissioner of Puerto Rico, see section 891 et seq. of
Title 48, Territories and Insular Possessions.
02 USC 38. Omitted
TITLE 2 -- THE CONGRESS
Section, R.S. 49, 50; acts Jan. 20, 1874, ch. 11, 18 Stat. 4;
Mar. 4, 1925, ch. 549, 4, 43 Stat. 1301, related to pay of member
dying after commencement of Congress, and was omitted from the Code as
superseded by section 38a of this title.
02 USC 38a. Disposition of unpaid salary and other sums upon death of
Representative or Resident Commissioner
TITLE 2 -- THE CONGRESS
When any individual who has been elected a Member of, or Resident
Commissioner to, the House of Representatives dies after the
commencement of the Congress to which he has been elected, any unpaid
balance of salary and other sums due such individual (including amounts
held in the trust fund account in the office of the Sergeant at Arms)
shall be paid to the person or persons surviving at the date of death,
in the following order of precedence, and such payment shall be a bar to
the recovery by any other person of amounts so paid:
First, to the beneficiary or beneficiaries designated by such
individual in writing to receive such unpaid balance and other sums due
filed with the Sergeant at Arms, and received by the Sergeant at Arms
prior to such individual's death;
Second, if there be no such beneficiary, to the widow or widower of
such individual;
Third, if there be no beneficiary or surviving spouse, to the child
or children of such individual, and descendants of deceased children, by
representation;
Fourth, if none of the above, to the parents of such individual, or
the survivor of them;
Fifth, if there be none of the above, to the duly appointed legal
representative of the estate of the deceased individual, or if there be
none, to the person or persons determined to be entitled thereto under
the laws of the domicile of the deceased individual.
(July 2, 1954, ch. 455, title I, 105, 68 Stat. 409; July 23, 1959,
Pub. L. 86-102, 73 Stat. 224.)
1959 -- Pub. L. 86-102 inserted provisions including amounts held in
trust fund account, authorizing an individual to designate a beneficiary
or beneficiaries, and prescribing order of precedence in cases where no
designation of beneficiary has been made.
Settlement of accounts of employees generally, see section 5581 et
seq. of Title 5, Government Organization and Employees.
02 USC 38b. Death gratuity payments as gifts
TITLE 2 -- THE CONGRESS
Any death gratuity payment at any time specifically appropriated by
any Act of Congress or at any time made out of the contingent fund of
the House of Representatives or of the Senate shall be held to have been
a gift.
(June 5, 1952, ch. 369, Ch. I, 66 Stat. 101.)
Section is also set out as section 125a of this title.
02 USC 39. Deductions for absence
TITLE 2 -- THE CONGRESS
The Secretary of the Senate and Sergeant at Arms of the House,
respectively, shall deduct from the monthly payments (or other periodic
payments authorized by law) of each Member or Delegate the amount of his
salary for each day that he has been absent from the Senate or House,
respectively, unless such Member or Delegate assigns as the reason for
such absence the sickness of himself or of some member of his family.
(R.S. 40; Pub. L. 97-51, 112(d), Oct. 1, 1981, 95 Stat. 963.)
R.S. 40 derived from act Aug. 16, 1856, ch. 123, 6, 11 Stat. 49.
1981 -- Pub. L. 97-51 substituted ''from the monthly payments (or
other periodic payments authorized by law)'' for ''from the monthly
payments''.
Amendment by Pub. L. 97-51 effective in the case of compensation
payable for months after December 1981, see section 112(e) of Pub. L.
97-51, set out as a note under section 33 of this title.
02 USC 40. Deductions for withdrawal
TITLE 2 -- THE CONGRESS
When any Member or Delegate withdraws from his seat and does not
return before the adjournment of Congress, he shall, in addition to the
sum deducted for each day, forfeit a sum equal to the amount which would
have been allowed by law for his mileage in returning home; and such
sum shall be deducted from his compensation, unless the withdrawal is
with the leave of the Senate or House of Representatives respectively.
(R.S. 41.)
R.S. 41 derived from Res. July 17, 1862, No. 68, 2, 12 Stat. 628.
02 USC 40a. Deductions for delinquent indebtedness
TITLE 2 -- THE CONGRESS
Whenever a Representative, Delegate, Resident Commissioner, or a
United States Senator, shall fail to pay any sum or sums due from such
person to the House of Representatives or Senate, respectively, the
appropriate committee or officer of the House of Representatives or
Senate, as the case may be, having jurisdiction of the activity under
which such debt arose, shall certify such delinquent sum or sums to the
Sergeant at Arms of the House in the case of an indebtedness to the
House of Representatives and to the Secretary of the Senate in the case
of an indebtedness to the Senate, and such latter officials are
authorized and directed, respectively, to deduct from any salary,
mileage, or expense money due to any such delinquent such certified
amounts or so much thereof as the balance or balances due such
delinquent may cover. Sums so deducted by the Secretary of the Senate
shall be disposed of by him in accordance with existing law, and sums so
deducted by the Sergeant at Arms of the House shall be paid to the Clerk
of the House and disposed of by him in accordance with existing law.
(June 19, 1934, ch. 648, title I, 1, 48 Stat. 1024.)
Claims for overpayment of pay or allowances to Senators, see section
130c of this title.
02 USC 41. Newspapers
TITLE 2 -- THE CONGRESS
No Member or Delegate is entitled to any allowance for newspapers.
(R.S. 43.)
R.S. 43 derived from act Feb. 12, 1868, ch. 8, 1, 15 Stat. 35.
Section 302(c) of House Resolution No. 287, Ninety-fifth Congress,
Mar. 2, 1977, enacted into permanent law by Pub. L. 95-94, title I,
115, Aug. 5, 1977, 91 Stat. 668, provided that: ''Chapter 8, section
1 of the Act of February 12, 1868 (2 U.S.C. 41) shall have no effect
during the Ninety-fifth Congress.''
02 USC 42. Postage
TITLE 2 -- THE CONGRESS
(a) In addition to postage stamps authorized to be furnished under
any other provision of law, until otherwise provided by law, the Clerk
of the House of Representatives shall procure and furnish United States
postage stamps (1) to each Representative, the Resident Commissioner of
Puerto Rico, and the Delegate from the District of Columbia in an amount
not exceeding $210 and (2) to each standing committee of the House of
Representatives upon request of the chairman thereof, in an amount not
exceeding $130.
(b) In addition to postage stamps authorized under any other
provision of law, until otherwise provided by law, the Speaker, the
majority and minority leaders, and the majority and minority whips of
the House of Representatives shall each be allowed United States postage
stamps in an amount not exceeding $190, and the following officers of
the House of Representatives shall each be allowed such stamps in the
amounts herein specified as follows: The Clerk of the House, $340; the
Sergeant at Arms, $250; the Doorkeeper, $210; and the Postmaster,
$170.
(c) There shall be paid out of the contingent fund of the House of
Representatives such sums as may be necessary to carry out this section.
(Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 636.)
Section is based on House Resolution No. 420, May 18, 1971, which
was enacted into permanent law by Pub. L. 92-184.
A prior section 42, R.S. 44, which proscribed compensation or
allowance to Senators, Representatives, or Delegates for postage, was
omitted as obsolete in view of sections 42a, 46a, and 46b of this title.
Adjustment of allowances by Committee on House Administration, see
section 57 of this title.
02 USC 42a. Special delivery postage allowance for President of Senate
TITLE 2 -- THE CONGRESS
The Secretary of the Senate is authorized and directed to procure and
furnish each fiscal year (commencing with the fiscal year ending
September 30, 1982) to the President of the Senate, upon request by such
person, United States special delivery postage stamps in such amount as
may be necessary for the mailing of postal matters arising in connection
with his official business.
(Pub. L. 97-51, 127(a)(1), Oct. 1, 1981, 95 Stat. 965.)
A prior section 42a, acts July 1, 1941, ch. 268, 55 Stat. 450;
June 26, 1944, ch. 277, title I, 58 Stat. 339; June 13, 1945, ch.
189, 59 Stat. 243; Oct. 11, 1951, ch. 485, 65 Stat. 391; July 2,
1954, ch. 455, title I, 68 Stat. 402; Aug. 5, 1955, ch. 568, 69
Stat. 503; June 27, 1956, ch. 453, 70 Stat. 359; July 31, 1958,
Pub. L. 85-570, 72 Stat. 442; July 12, 1960, Pub. L. 86-628, 74
Stat. 449; Dec. 30, 1963, Pub. L. 88-248, 77 Stat. 805; July 27,
1965, Pub. L. 89-90, 79 Stat. 268; July 23, 1968, Pub. L. 90-417, 82
Stat. 400; Dec. 12, 1969, Pub. L. 91-145, 83 Stat. 342; July 9,
1971, Pub. L. 92-51, 85 Stat. 128; Oct. 31, 1972, Pub. L. 92-607,
ch. V, 506(k)(1), formerly 506(h)(1), 86 Stat. 1508, redesignated
506(i)(1) by Pub. L. 95-391, title I, Sept. 30, 1978, 92 Stat. 773,
redesignated 506(j)(1) by Pub. L. 96-304, title I, 101, July 8, 1980,
94 Stat. 889, and redesignated 506(k)(1) by Pub. L. 97-276, 101(e),
Oct. 2, 1982, 96 Stat. 1189, providing for an airmail and
special-delivery postage allowance for the President of the Senate, was
repealed by section 127(a)(2) of Pub. L. 97-51.
02 USC 42a-1, 42b. Omitted
TITLE 2 -- THE CONGRESS
Section 42a-1, act July 2, 1954, ch. 455, title I, 68 Stat. 402,
prescribed airmail and special-delivery postage allowances for Speaker
and House majority and minority leaders and whips, and was omitted from
the Code as superseded by section 42d of this title.
Section 42b, acts June 22, 1949, ch. 235, 63 Stat. 222; July 2,
1954, ch. 455, title I, 68 Stat. 402, prescribed airmail and
special-delivery postage allowances for each House standing committee,
and was omitted from the Code as superseded by section 42c of this
title.
02 USC 42c. Airmail and special delivery stamps for House Members and
standing committees
TITLE 2 -- THE CONGRESS
The Clerk of the House of Representatives is authorized and directed
to procure and furnish --
(1) to each Representative and Delegate and the Resident Commissioner
of Puerto Rico, upon request by such person, United States airmail and
special delivery postage stamps in an amount not exceeding $700, for the
second session of the Ninetieth Congress and for each succeeding regular
session of Congress, for the mailing of postal matters arising in
connection with his official business; and
(2) to each standing committee of the House of Representatives, upon
request of the chairman thereof, United States airmail and special
delivery postage stamps in an amount not exceeding $420, for the second
session of the Ninetieth Congress and for each succeeding regular
session of Congress, for official business of each such committee.
(Pub. L. 85-778, 1, Aug. 27, 1958, 72 Stat. 934; Pub. L. 88-454,
103, Aug. 20, 1964, 78 Stat. 550; Pub. L. 90-392, title I, July 9,
1968, 82 Stat. 318.)
Prior provisions relating to airmail and special-delivery postage
allowances for House standing committees were contained in section 42b
of this title, and for House Members were contained in the following
acts formerly classified to section 42a of this title:
July 2, 1954, ch. 455, title I, 68 Stat. 402.
June 13, 1945, ch. 189, 59 Stat. 249.
June 26, 1944, ch. 277, title I, 58 Stat. 344.
June 8, 1942, ch. 396, 56 Stat. 339.
July 1, 1941, ch. 268, 55 Stat. 455.
1968 -- Additional airmail and special delivery stamps in an amount
not exceeding $200 for each Representative and Resident Commissioner
from Puerto Rico, and in an amount not exceeding $120 for each standing
committee, was authorized by House Resolution No. 1003, Dec. 14, 1967,
effective Jan. 3, 1968, which was enacted into permanent law by Pub.
L. 90-392.
1964 -- Additional airmail and special delivery stamps in an amount
not exceeding $100 for each Representative and Resident Commissioner
from Puerto Rico, and in an amount not exceeding $60 for each standing
committee, was authorized by House Resolution No. 532, Oct. 2, 1963,
which was enacted into permanent law by Pub. L. 88-454.
Sections 3 and 4 of Pub. L. 85-778 provided:
''Sec. 3. In addition to amounts of United States airmail and special
delivery postage stamps made available by this Act for the first session
of the Eighty-sixth Congress, each person and committee referred to in
this Act shall be entitled to receive, until June 30, 1959, the amount
of such stamps to which he would have been entitled but for the
enactment of this Act.
''Sec. 4. Except as provided in section 3, amounts of United States
airmail and special delivery postage stamps made available by the first
section and section 2 of this Act (enacting this section and section 42d
of this title) shall be in lieu of, and not in addition to, any amounts
of such stamps made available under any other provisions of law to
persons and committees referred to in such sections.''
Adjustment of allowances by Committee on House Administration, see
section 57 of this title.
02 USC 42d. Airmail and special delivery stamps for House Speaker,
leaders, whips, and officers
TITLE 2 -- THE CONGRESS
(1) The Speaker, the majority and minority leaders, and the majority
and minority whips of the House of Representatives shall each be
allowed, for the second session of the Ninetieth Congress and for each
succeeding regular session of Congress, United States airmail and
special delivery postage stamps in an amount not exceeding $630.
(2) For the second session of the Ninetieth Congress and for each
succeeding regular session of Congress, the following officers of the
House of Representatives shall each be allowed United States airmail and
special delivery postage stamps in the amounts herein specified as
follows: The Clerk of the House, $1,120; the Sergeant at Arms, $840,
the Doorkeeper, $700, and the Postmaster, $560.
(Pub. L. 85-778, 2, Aug. 27, 1958, 72 Stat. 934; Pub. L. 88-454,
103, Aug. 20, 1964, 78 Stat. 550; Pub. L. 90-392, title I, July 9,
1968, 82 Stat. 318.)
1968 -- Par. (1). Additional airmail and special delivery stamps in
an amount not exceeding $180 were authorized by House Resolution No.
1003, Dec. 14, 1967, effective Jan. 3, 1968, which was enacted into
permanent law by Pub. L. 90-392.
Par. (2). Airmail and special delivery allowances were increased in
amount of $320 for Clerk, $240 for Sergeant at Arms, $200 for
Doorkeeper, and $160 for Postmaster by House Resolution No. 1003, Dec.
14, 1967, effective Jan. 3, 1968, which was enacted into permanent law
by Pub. L. 90-392.
1964 -- Par. (1). Additional airmail and special delivery stamps in
an amount not exceeding $90 were authorized by House Resolution No.
532, Oct. 2, 1963, which was enacted into permanent law by Pub. L.
88-454.
Par. (2). Airmail and special delivery allowances were increased in
amount of $160 for Clerk, $120 for Sergeant at Arms, $100 for
Doorkeeper, and $80 for Postmaster by House Resolution No. 532, Oct.
2, 1963, which was enacted into permanent law by Pub. L. 88-454.
Adjustment of allowances by Committee on House Administration, see
section 57 of this title.
02 USC 43. Mileage of Senators, Representatives, and Delegates
TITLE 2 -- THE CONGRESS
Each Senator, Representative, and Delegate shall receive mileage at
the rate of 20 cents per mile, to be estimated by the nearest route
usually traveled in going to and returning from each regular session.
(July 28, 1866, ch. 296, 17, 14 Stat. 323.)
Act Jan. 20, 1874, ch. 11, 18 Stat. 4, repealed so much of act
Mar. 3, 1873, ch. 226, 17 Stat. 486, as provided for increase in
compensation of Members of Congress and Delegates and that their
compensation and allowances should be fixed by laws in force at time of
passage of said act Mar. 3, 1873.
Additional transportation expenses, reimbursement of Senators and
Members of House of Representatives, see section 43b of this title.
Adjustment of allowances by Committee on House Administration, see
section 57 of this title.
02 USC 43a. Mileage of President of Senate
TITLE 2 -- THE CONGRESS
On and after July 8, 1935, the President of the Senate shall be paid
mileage at the same rate and in the same manner as now allowed by law to
Senators, Members of the House of Representatives, and Delegates in
Congress.
(July 8, 1935, ch. 374, 49 Stat. 459.)
02 USC 43b. Reimbursement of House Members for additional
transportation expenses
TITLE 2 -- THE CONGRESS
The contingent fund of the House of Representatives is hereafter made
available for reimbursement of transportation expenses incurred by
Members (including the Resident Commissioner from Puerto Rico) in
traveling, on official business, by the nearest usual route, between
Washington, District of Columbia, and any point in the district which he
represents, for a number of round trips each year not to exceed the
number of months Congress is in session in such year, such reimbursement
to be made in accordance with rules and regulations established by the
Committee on House Administration of the House of Representatives.
(Pub. L. 85-570, July 31, 1958, 72 Stat. 443; Pub. L. 86-176, Aug.
21, 1959, 73 Stat. 401; Pub. L. 88-70, July 19, 1963, 77 Stat. 82;
Pub. L. 89-90, July 27, 1965, 79 Stat. 269; Pub. L. 89-147, 1, Aug.
28, 1965, 79 Stat. 583; Pub. L. 89-545, Aug. 27, 1966, 80 Stat. 358;
Pub. L. 90-86, 1, Sept. 17, 1967, 81 Stat. 226; Pub. L. 91-145, Dec.
12, 1969, 83 Stat. 343; Pub. L. 92-51, July 9, 1971, 85 Stat. 128;
Pub. L. 92-607, ch. V, 502, 506(k)(2), formerly 506(h)(2), Oct. 31,
1972, 86 Stat. 1504, 1508, redesignated 506(i)(2), Pub. L. 95-391, title
I, 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated 506(j)( 2), Pub.
L. 96-304, title I, 101, July 8, 1980, 94 Stat. 889, redesignated
506(k)(2), Pub. L. 97-276, 101(e), Oct. 2, 1982, 96 Stat. 1189.)
1972 -- Pub L. 92-607 removed from category of allowed expenses any
transportation expenses incurred by employees assigned to a Senator's
office within the home State while traveling in the general vicinity of
the office, pursuant to change in assignment within the State, and
commuting, and, effective Jan. 1, 1973, struck out all provisions for
the reimbursement of Senators and employees of Senators for travel
expenses to the Senator's home State. See section 58 of this title.
1971 -- Pub. L. 92-51 rewrote provisions for reimbursement of
Senators for transportation expenses, substituting provisions granting a
total sum for each fiscal year for each Senator and employees in the
Senator's office equal to forty or forty-four times the prescribed
mileage allowance dependent on population of the Senator's State being
under ten million or ten million and over inhabitants and in accordance
with a schedule based on decreasing cents per mile for increasing
distances within prescribed limits, describing method of computation
when office is occupied for less than entire fiscal year, requiring
voucher certification of employees' round trips as in line of official
duty, prohibiting travel payments to place of employment of new
appointees, and authorizing reimbursement as additional to any other
provided for by law for official travel, for former provisions for
reimbursement of Senators for each fiscal year for not more than twelve
round trips or the equivalent thereof in one-way trips.
1969 -- Pub. L. 91-145 increased round trip limitation for Senators
from six to twelve.
1967 -- Pub. L. 90-86 provided for reimbursement to members of
House, in accordance with the rules of House Committee on House
Administration, for those round trips made each year between the
Member's district and Washington, D.C., the number of such trips not to
exceed the number of months Congress is in session in such year instead
of for four round trips each year.
1966 -- Pub. L. 89-545 authorized equivalent of six round trips in
one-way trips for Senators.
1965 -- Pub. L. 89-147 increased from two to four round trips per
year of Members of House of Representatives for which transportation
expenses are to be reimbursed.
Pub. L. 89-90 increased round trip limitation for Senators from two
to six.
1963 -- Pub. L. 88-70 authorized reimbursement of Members of House
of Representatives for transportation expenses.
1959 -- Pub. L. 86-176 substituted ''between Washington, District of
Columbia, and any point in their home States, for not to exceed two
round trips'' for ''from Washington, District of Columbia, to their
resident cities in their home States, and return, for not to exceed two
such round trips.''
Section 506(k), formerly 506(h), of Pub. L. 92-607, redesignated
506(i) by Pub. L. 95-391, title I, 108(a), Sept. 30, 1978, 92 Stat.
773, redesignated 506(j) by Pub. L. 96-304, title I, 101, July 8, 1980,
94 Stat. 889, and redesignated 506(k) by Pub. L. 97-276, 101( e), Oct.
2, 1982, 96 Stat. 1189, provided that the amendment made by that
section (which struck out in its entirety the first par. of this section
providing for the reimbursement of Senators and employees of Senators
for travel expenses to the Senator's home state) is effective Jan. 1,
1973.
Pub. L. 92-51 provided that the amendment made by Pub. L. 92-51 is
effective July 1, 1971.
Pub. L. 91-145 provided that the amendment made by Pub. L. 91-145 is
effective July 1, 1969.
Section 3 of Pub. L. 90-86 provided that: ''The amendments made by
the first two sections of this Act (amending this section and section
43b-1 of this title) shall take effect as of January 3, 1967.''
Adjustment of allowances by Committee on House Administration, see
section 57 of this title.
Delegates from Guam and Virgin Islands, reimbursement of
transportation expenses, see section 1715 of Title 48, Territories and
Insular Possessions.
02 USC 43b-1. Election by House Members of lump sum transportation
payment in lieu of reimbursement of transportation expenses
TITLE 2 -- THE CONGRESS
A Member of the House of Representatives (including the Resident
Commissioner from Puerto Rico) may elect to receive in any year, in lieu
of reimbursement of transportation expenses for such year as authorized
by section 43b of this title, a lump sum transportation payment of $750
for such year. The Committee on House Administration of the House of
Representatives shall make such rules and regulations as may be
necessary to carry out this section.
(Pub. L. 89-147, 2, Aug. 28, 1965, 79 Stat. 583; Pub. L. 90-86, 2,
Sept. 17, 1967, 81 Stat. 226.)
1967 -- Pub. L. 90-86 substituted ''$750'' for ''$300''.
Amendment by Pub. L. 90-86 effective Jan. 3, 1967, see section 3 of
Pub. L. 90-86, set out as a note under section 43b of this title.
Adjustment of allowances by Committee on House Administration, see
section 57 of this title.
02 USC 43b-2. Staff expenses for House Members attending organizational
caucus or conference
TITLE 2 -- THE CONGRESS
(a) Each Member-elect (other than an incumbent Member reelected to
the ensuing Congress) who attends a caucus or conference called under
section 29a(a) of this title, and each incumbent Member reelected to the
ensuing Congress who attends any such caucus or conference convening
after the adjournment sine die of the Congress in the year involved,
shall be entitled to designate one staff person to be paid for one round
trip between that person's place of residence, provided such place of
residence is in the district which the Member-elect or incumbent Member
represents, and Washington, District of Columbia, for the purpose of
accompanying that Member-elect or incumbent Member to such caucus or
conference.
(b) Each Member-elect (other than an incumbent Member reelected to
the ensuing Congress) who attends a caucus or conference called under
such section 29a(a) of this title shall be entitled to designate one
staff person who shall in addition be reimbursed on a per diem or other
basis for expenses incurred in accompanying the Member-elect at the time
of such caucus or conference for a period 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.
(Pub. L. 94-59, title II, July 25, 1975, 89 Stat. 282.)
Section is based on section 1 of House Resolution No. 10,
Ninety-fourth Congress, Jan. 14, 1975, which was enacted into permanent
law by Pub. L. 94-59.
02 USC 43b-3. Payments and reimbursements for certain House staff
expenses
TITLE 2 -- THE CONGRESS
(a) Payments and reimbursements to staff persons under section 43b-2
of this title shall be made as provided (with respect to staff) in the
regulations prescribed by the Committee on House Administration with
respect to travel and other expenses of staff. Reimbursements shall be
paid on special voucher forms prescribed by the Committee on House
Administration.
(b) Additional funds, if any, for staff allowances and office space
for use by Members-elect (other than an incumbent Member reelected to
the ensuing Congress) shall be authorized by the Committee on House
Administration.
(Pub. L. 94-59, title II, July 25, 1975, 89 Stat. 282.)
Section is based on section 2 of House Resolution No. 10,
Ninety-fourth Congress, Jan. 14, 1975, which was enacted into permanent
law by Pub. L. 94-59.
02 USC 43c. Repealed. Pub. L. 89-147, 4, Aug. 28, 1965, 79 Stat. 584
TITLE 2 -- THE CONGRESS
Section, Pub. L. 86-628, 105(c), July 12, 1960, 74 Stat. 461,
restricted payment of travel or subsistence expenses of Senators and
Representatives to specifically authorized trips, official participation
in funeral services of deceased Members, and official trips originating
in Senator's State or Representative's district when Congress was not in
session.
02 USC 43d. Organizational expenses of Senator-elect
TITLE 2 -- THE CONGRESS
(a) Appointment of employees by Secretary of Senate to assist;
termination of employment
Upon the recommendation of a Senator-elect (other than an incumbent
Senator or a Senator elected to fill a vacancy), the Secretary of the
Senate shall appoint two employees to assist such Senator-elect. Any
employee so appointed shall serve through the day before the date on
which the Senator-elect recommending his appointment commences his
service as a Senator, except that his employment may be terminated
before such day upon recommendation of such Senator-elect.
(b) Payment of salaries of appointed employees; funding; maximum
amount
(1) Salaries of employees appointed under subsection (a) of this
section shall be paid from the appropriation for ''Administrative,
Clerical, and Legislative Assistance to Senators''.
(2) Salaries paid to employees appointed upon recommendation of a
Senator-elect under subsection (a) of this section shall be charged
against the amount of compensation which may be paid to employees in his
office under section 61-1(d) of this title (hereinafter referred to as
the ''clerk-hire allowance''), for the fiscal year in which his service
as a Senator commences. The total amount of salaries paid to employees
so appointed upon recommendation of a Senator-elect shall be charged
against his clerk-hire allowance for each month in such fiscal year
beginning with the month in which his service as a Senator commences
(until the total amount has been charged) by whichever of the following
amounts is greater: (1) one-ninth of the amount of salaries so paid, or
(2) the amount by which the aggregate amount of his clerk-hire allowance
which may be paid as of the close of such month under section
61-1(d)(1)(B) of this title exceeds the aggregate amount of his
clerk-hire allowance actually paid as of the close of such month.
(c) Payment of transportation and per diem expenses of Senator-elect
and appointed employees for one round trip from home State to
Washington, D.C. for business of impending Congress; funding; maximum
amount
Each Senator-elect and each employee appointed under subsection (a)
of this section is authorized one round trip from the home State of the
Senator-elect to Washington, D.C., and return, for the purposes of
attending conferences, caucuses, or organizational meetings, or for any
other official business connected with the impending Congress. In
addition, each Senator-elect and each such employee is authorized per
diem for not more than seven days while en route to and from Washington,
D.C., and while in Washington, D.C. Such transportation and per diem
expenses shall be in the same amounts as are payable to Senators and
employees in the office of a Senator under section 58(e) of this title,
and shall be paid from the contingent fund of the Senate upon itemized
vouchers certified by the Senator-elect concerned and approved by the
Secretary of the Senate.
(d) Payment of telegram and telephone charges incurred by
Senator-elect; funding; maximum amount
(1) Each Senator-elect is authorized to be reimbursed for expenses
incurred for telegrams and telephone services related to his position as
a Senator-elect in an amount not exceeding one-twelfth of the total
amount of expenses authorized to be paid to or on behalf of a Senator
from the State which he will represent under section 58 of this title.
Reimbursement to a Senator-elect under this subsection shall be paid
from the contingent fund of the Senate upon itemized vouchers certified
by such Senator-elect and approved by the Secretary of the Senate.
(2) Amounts reimbursed to a Senator-elect under this subsection shall
be charged against the amount of expenses which are authorized to be
paid to him or on his behalf under section 58 of this title, for each of
the twelve months beginning with the month in which his service as a
Senator commences (until all of such amounts have been charged) by
whichever of the following amounts is greater: (1) one-twelfth of the
amounts so reimbursed, or (2) the amount by which the aggregate amount
authorized to be so paid under section 58(c) of this title as of the
close of such month exceeds the aggregate amount actually paid under
such section 58 as of the close of such month.
(e) Effective Date
This section shall take effect on October 1, 1978.
(Pub. L. 95-355, title I, 105, Sept. 8, 1978, 92 Stat. 534.)
References in any law, rule, regulation, or order to Senate
appropriation account for Administrative, Clerical, and Legislative
Assistance Allowance to Senators deemed references to the ''Senators'
Official Personnel and Office Expense Account'', see section 58c(2) of
this title.
02 USC 44 to 46. Omitted
TITLE 2 -- THE CONGRESS
Section 44, act May 7, 1906, ch. 2083, 1, 34 Stat. 170, authorized
a mileage allowance to Delegate from Alaska, and was omitted from the
Code as obsolete because Alaska was admitted into the Union with
membership of one Representative in Congress on Jan. 3, 1959, upon
issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as
required by sections 1, 7 and 8 of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, set out as notes preceding section 21 of Title 48,
Territories and Insular Possessions.
Section 45, acts July 1, 1902, ch. 1369, 8, 32 Stat. 694; Aug.
29, 1916, ch. 416, 20, 39 Stat. 552, which authorized a mileage
allowance to Resident Commissioners from Philippine Islands, and was
formerly covered by section 1237 of Title 48, Territories and Insular
Possessions, is no longer in force in view of the independence of the
Philippine Islands effected by section 1394 of Title 22, Foreign
Relations and Intercourse, and proclaimed by the President of the United
States in Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352,
set out as note under section 1394 of Title 22. Act Aug. 29, 1916, ch.
416, 20, 39 Stat. 552, from which section 45 of this title was
derived, was repealed by Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
643.
Section 46, acts Mar. 2, 1917, ch. 145, 36, 39 Stat. 963; May 17,
1932, ch. 190, 47 Stat. 158, allowed sum of $500 as mileage for each
session to Resident Commissioner, and was omitted from the Code as
superseded by section 43b-1 of this title.
02 USC 46a. Stationery allowance for President of Senate
TITLE 2 -- THE CONGRESS
Effective April 1, 1975, and each fiscal year thereafter, the annual
allowance for stationery for the President of the Senate shall be
$4,500.
(July 1, 1941, ch. 268, 55 Stat. 450; June 13, 1945, ch. 189, 59
Stat. 244; June 14, 1948, ch. 467, 62 Stat. 425; Oct. 11, 1951, ch.
485, 65 Stat. 391; Aug. 1, 1953, ch. 304, title I, 67 Stat. 320; Aug.
5, 1955, ch. 568, 69 Stat. 504; Jan. 6, 1964, Pub. L. 88-258, title IV,
77 Stat. 864; May 29, 1967, Pub. L. 90-21, title I, 81 Stat. 38; Dec.
12, 1969, Pub. L. 91-145, 83 Stat. 342; July 9, 1971, Pub. L. 92-51,
85 Stat. 128; Dec. 15, 1971, Pub. L. 92-184, ch. IV, 85 Stat. 635;
Oct. 31, 1972, Pub. L. 92-607, ch. V, 506(k)(3), formerly 506( h)(3), 86
Stat. 1508, redesignated 506(i)(3), Sept. 30, 1978, Pub. L. 95-391,
title I, 108(a), 92 Stat. 773, redesignated 506(j)(3), July 8, 1980,
Pub. L. 96-304, title I, 101(e), 94 Stat. 889, redesignated 506( k)(3),
Oct. 2, 1982, Pub. L. 97-276, 101(e), 96 Stat. 1189; June 12, 1975,
Pub. L. 94-32, title I, 89 Stat. 182.)
Section is from Legislative Branch Appropriation Act, 1942, and
subsequent Legislative Branch Appropriation Acts.
1975 -- Pub. L. 94-32 substituted ''Effective April 1, 1975, and
each fiscal year thereafter'' for ''Effective with the fiscal year 1972
and thereafter'' and ''$4,500'' for ''$3,600''.
1972 -- Pub. L. 92-607 repealed this section insofar as it related
to Senators. For purposes of codification this entailed substituting a
period for a comma following ''President of the Senate shall be $3,600''
and striking out provisions which allowed Senators from $3,600 to $5,000
annually depending on the population of the Senator's home State. See
section 58 of this title.
1971 -- Pub. L. 92-184 inserted provision for an increased allowance
for Senators from more populous States ranging from $3,800 for Senators
from States of from 3,000,000 to 4,999,999 population to $5,000 for
Senators from States of 17,000,000 population and over.
Pub. L. 92-51 provided allowance for Senators from States having
population of ten million or more inhabitants of $4,000 per annum
effective fiscal year 1972 and thereafter.
1969 -- Pub. L. 91-145 increased allowance from $3,000 to $3,600
effective with fiscal year 1970.
1967 -- Pub. L. 90-21 increased allowance from $2,400 to $3,000
effective with fiscal year 1967.
1964 -- Pub. L. 88-258 increased allowance from $1,800 to $2,400
effective with fiscal year 1964.
1955 -- Act Aug. 5, 1955, increased allowance from $1,200 to $1,800.
1953 -- Act Aug. 1, 1953, increased allowance from $800 to $1,200
effective with fiscal year 1954.
1951 -- Act Oct. 11, 1951, increased allowance from $500 to $800.
1948 -- Act June 14, 1948, increased allowance from $400 to $500.
1945 -- Act June 13, 1945, increased allowance from $200 to $400.
Section 506(k), formerly 506(h), of Pub. L. 92-607, redesignated
506(i) by Pub. L. 95-391, title I, 108(a), Sept. 30, 1978, 92 Stat.
773, redesignated 506(j) by Pub. L. 96-304, title I, 101, July 8, 1980,
94 Stat. 889, and redesignated 506(k) by Pub. L. 97-276, 101( e), Oct.
2, 1982, 96 Stat. 1189, provided that the amendment made by that
section is effective Jan. 1, 1973.
The following acts authorized additional stationery allowances for
each Senator and the President of the Senate:
July 15, 1952, ch. 758, Ch. II, 66 Stat. 639.
Sept. 27, 1950, ch. 1052, Ch. II, 64 Stat. 1047.
Oct. 10, 1949, ch. 662, title I, 63 Stat. 738.
May 10, 1948, ch. 270, 62 Stat. 213.
May 1, 1947, ch. 49, title I, 61 Stat. 58.
July 23, 1946, ch. 591, title I, 60 Stat. 602.
Dec. 28, 1945, ch. 589, title I, 59 Stat. 633.
02 USC 46a-1. Senate revolving fund for stationery allowances;
availability of unexpended balances; withdrawals
TITLE 2 -- THE CONGRESS
There is established within the Contingent Fund of the Senate a
revolving fund which shall consist of (1) the unexpended balance of the
appropriation ''Contingent Expenses, Senate, Stationery, fiscal year
1957'', (2) any amounts hereafter appropriated for stationery allowances
of the President of the Senate, and for stationery for use of officers
of the Senate and the Conference of the Majority and the Conference of
the Minority of the Senate, and (3) any undeposited amounts heretofore
received, and any amounts hereafter received as proceeds of sales by the
stationery room of the Senate. Any moneys in the fund shall be
available until expended for use in the same manner and for the same
purposes as funds heretofore appropriated to the Contingent Fund of the
Senate for stationery, except that (1) the balance of any amount
appropriated for stationery for use of committees and officers of the
Senate which remains unexpendend at the end of any fiscal year and (2)
allowances which are not available for obligation due to vacancies or
waiver of entitlement thereto, shall be withdrawn from the revolving
fund.
(Pub. L. 85-58, ch. XI, June 21, 1957, 71 Stat. 188; Pub. L.
92-607, ch. V, 506(l), formerly 506(i), Oct. 31, 1972, 86 Stat. 1508,
redesignated 506(j), Pub. L. 95-391, title I, 108(a), Sept. 30, 1978, 92
Stat. 773, redesignated 506(k) and amended Pub. L. 96-304, title I,
101, 112(b)(3), July 8, 1980, 94 Stat. 889, 892, redesignated 506(
l), Pub. L. 97-276, 101(e), Oct. 2, 1982, 96 Stat. 1189.)
1980 -- Pub. L. 96-304, 112(b)(3), substituted in cl. (2),
''officers of the Senate and the Conference of the Majority and the
Conference of the Minority of the Senate'' for ''committees and officers
of the Senate''.
1972 -- Pub. L. 92-607 struck out ''and of Senators'' after ''the
President of the Senate''.
Section 112(b) of Pub. L. 96-304 provided that the amendment made by
section 112(b)(3) of Pub. L. 96-304 is effective as of the close of
Feb. 28, 1981.
Section 506(l), formerly 506(i), of Pub. L. 92-607, redesignated
506(j) by Pub. L. 95-391, title I, 108(a), Sept. 30, 1978, 92 Stat.
773, redesignated 506(k) by Pub. L. 96-304, title I, 101, July 8, 1980,
94 Stat. 889, and redesignated 506(l) by Pub. L. 97-276, 101( e), Oct.
2, 1982, 96 Stat. 1189, provided that the amendment made by that
section is effective Jan. 1, 1973.
Pub. L. 101-163, title I, 6, Nov. 21, 1989, 103 Stat. 1045,
provided that: ''On and after the date this Act becomes law (Nov. 21,
1989), the Secretary of the Senate, subject to the approval of the
Committee on Appropriations of the Senate, is authorized to provide up
to $1,000,000 for capitalization purposes to the revolving fund
established by the last paragraph under the heading 'Contingent Expenses
of the Senate' appearing under the heading 'SENATE' in chapter XI of the
Third Supplemental Appropriation Act, 1957 (2 U.S.C. 46a-1), by
transferring to such revolving fund any funds available from any Senate
appropriation account, with respect to which he has disbursement
authority, for the fiscal year in which the transfer is made (or for any
preceding fiscal year) or which have been made available until expended;
and any moneys so transferred shall be available for use in like manner
and to the same extent as the moneys in such revolving fund which were
not transferred thereto pursuant to this section.''
02 USC 46a-2. Omitted
TITLE 2 -- THE CONGRESS
Section, Pub. L. 89-545, 101, Aug. 27, 1966, 80 Stat. 356,
provided, effective fiscal year 1967 and thereafter, for stationery
allowance of $3,000 per annum for Senators from States having population
of 10 million or more inhabitants. See amendment by Pub. L. 90-21 to
section 46a of this title providing such an allowance to all Senators
effective fiscal year 1967 and thereafter.
02 USC 46a-3. Repealed. Pub. L. 92-607, ch. V, 506(k)(4), formerly
506(h)(4), Oct. 31, 1972, 86 Stat. 1508, redesignated 506(i)(4), Pub.
L. 95-391, title I, 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated
506(j)(4), Pub. L. 96-304, title I, 101, July 8, 1980, 94 Stat. 889,
redesignated 506(k)(4), Pub. L. 97-276, 101(e), Oct. 2, 1982, 96 Stat.
1189
TITLE 2 -- THE CONGRESS
Section, Pub. L. 90-417, 106, July 23, 1968, 82 Stat. 413, placed
limits on the availability of the stationery allowance for Senators.
See section 58 of this title.
Section 506(k), formerly 506(h), of Pub. L. 92-607, as amended by
Pub. L. 93-145, 101, Nov. 1, 1973, 87 Stat. 532, and redesignated
506(i) by Pub. L. 95-391, title I, 108(a), Sept. 30, 1978, 92 Stat.
773, redesignated 506(j) by Pub. L. 96-304, title I, 101, July 8, 1980,
94 Stat. 889, and redesignated 506(k) by Pub. L. 97-276, 101( e), Oct.
2, 1982, 96 Stat. 1189, provided that, insofar as this section has
application to Senators, the repeal is effective Jan. 1, 1973.
02 USC 46a-4. Omitted
TITLE 2 -- THE CONGRESS
Section, Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 342, made section
46a-3 of this title applicable to President of Senate, and was omitted
from the Code in view of the repeal of section 46a-3.
02 USC 46b. Stationery allowance for House Members
TITLE 2 -- THE CONGRESS
The allowance for stationery for each Member of the House of
Representatives, Delegate, and Resident Commissioner shall be $3,000 per
regular session.
(July 2, 1954, ch. 455, title I, 68 Stat. 402; July 12, 1960, Pub.
L. 86-628, 74 Stat. 452; Aug. 20, 1964, Pub. L. 88-454, 103, 78 Stat.
550; May 29, 1967, Pub. L. 90-21, title I, 81 Stat. 42.)
1967 -- An additional allowance of $600 for stationery was authorized
by House Resolution No. 1029, Oct. 5, 1966, which was continued by
House Resolution No. 112, Mar. 8, 1967, and enacted into permanent law
by Pub. L. 90-21.
1964 -- An additional allowance of $600 for stationery was authorized
by House Resolution No. 533, Oct. 2, 1963, which was enacted into
permanent law by Pub. L. 88-454.
1960 -- Pub. L. 86-628 increased stationery allowance from $1,200 to
$1,800.
Similar provisions were contained in the following prior acts:
Aug. 1, 1953, ch. 304, title I, 67 Stat. 324.
July 9, 1952, ch. 598, 66 Stat. 469.
Oct. 11, 1951, ch. 486, 65 Stat. 394.
Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 600.
June 22, 1949, ch. 235, 63 Stat. 221.
June 14, 1948, ch. 467, 62 Stat. 428.
July 17, 1947, ch. 262, 61 Stat. 366.
June 16, 1939, ch. 208, 53 Stat. 830.
The following acts authorized additional stationery allowances for
Representatives, Delegates, and Resident Commissioner:
July 15, 1952, ch. 758, Ch. II, 66 Stat. 639.
Oct. 10, 1949, ch. 662, title I, 63 Stat. 738.
May 1, 1947, ch. 49, title I, 61 Stat. 59.
July 23, 1946, ch. 591, title I, 60 Stat. 602.
Dec. 28, 1945, ch. 589, title I, 59 Stat. 633.
Adjustment of allowances by Committee on House Administration, see
section 57 of this title.
02 USC 46b-1. House revolving fund for stationery allowances;
disposition of moneys from stationery sales; availability of unexpended
balances
TITLE 2 -- THE CONGRESS
There is established a revolving fund for the purpose of
administering the funds appropriated for stationery allowances to each
Representative, Delegate, the Resident Commissioner from Puerto Rico;
and stationery for use of the committees, departments, and officers of
the House. All moneys hereafter received by the stationery room of the
House of Representatives from the sale of stationery supplies and other
equipment shall be deposited in the revolving fund and shall be
available for disbursement from the fund in the same manner as other
sums that may be appropriated by the Congress for this purpose. The
unexpended balance of all moneys heretofore received by the stationery
room of the House of Representatives from the sale of stationery
supplies and equipment shall be deposited in the Treasury of the United
States to the credit of the fund: Provided, That the unexpended
balances in the appropriations ''Contingent expenses, House of
Representatives, stationery, 1945-1946''; ''Contingent expenses, House
of Representatives, stationery, 1946''; ''Contingent expenses, House of
Representatives, stationery, 1947-48'', as of June 30, 1947, shall be
transferred to and made available for expenditure out of the fund,
together with appropriations herein or hereafter made therefor, to
remain available until expended.
(July 17, 1947, ch. 262, 61 Stat. 366.)
02 USC 46b-2. Prorated stationery allowance for House Members
TITLE 2 -- THE CONGRESS
In the case of any Member of the House of Representatives, Delegate,
or Resident Commissioner who is elected for a portion of a term, the
amount of stationery allowance which such Member, Delegate, or Resident
Commissioner shall be paid shall be an amount, with respect to the year
in which he commences his service, which is the same percentage of the
total stationery allowance payable for service for all of such year as
the number of months of his service in such year (counting the month in
which he is elected as one month) is of the total number of months in
such year. Such prorated stationery allowance shall be paid from the
contingent fund of the House into the revolving fund for stationery
allowances established in section 46b-1 of this title.
(Feb. 27, 1956, ch. 73, 70 Stat. 31.)
02 USC 46c, 46d. Repealed. Pub. L. 90-57, July 28, 1967, 81 Stat. 129
TITLE 2 -- THE CONGRESS
Section 46c, acts June 13, 1945, ch. 189, 59 Stat. 244; July 1,
1946, ch. 530, 60 Stat. 392; Aug. 2, 1946, ch. 753, title I, 102, 60
Stat. 814; Nov. 1, 1951, ch. 665, Ch. 1, 65 Stat. 760; Aug. 1,
1953, ch. 304, title I, 67 Stat. 321; June 27, 1956, ch. 453, 70
Stat. 360; Jan. 6, 1964, Pub. L. 88-258, title IV, 77 Stat. 863;
July 27, 1965, Pub. L. 89-90, 79 Stat. 268; Aug. 27, 1966, Pub. L.
89-545, 80 Stat. 357, provided for payment of long-distance telephone
calls for Senators and Vice President made to and from Washington, D.C.
See section 58 of this title.
Section 46d, acts June 13, 1945, ch. 189, 59 Stat. 244; July 1,
1946, ch. 530, 60 Stat. 392; Aug. 2, 1946, ch. 753, title I, 102, 60
Stat. 814; Aug. 1, 1953, ch. 304, title I, 67 Stat. 321; July 2,
1954, ch. 455, title I, 68 Stat. 400; July 31, 1958, Pub. L.
85-570, 72 Stat. 442; July 27, 1965, Pub. L. 89-90, 79 Stat. 268,
provided for payment from contingent fund of Senate of long-distance
telephone calls for Senators, originating and terminating outside
Washington, D.C., and additional payments for calls to or from
Washington, D.C. See section 58 of this title.
Pub. L. 90-57 provided that the repeal is effective Jan. 1, 1968.
02 USC 46d-1. Long-distance telephone calls for Vice President
TITLE 2 -- THE CONGRESS
Commencing January 20, 1949, the provisions of existing law relating
to long-distance telephone calls for Senators shall be equally
applicable to the Vice President of the United States.
(May 24, 1949, ch. 138, title I, 63 Stat. 77.)
02 USC 46d-2. Repealed. Pub. L. 90-57, July 28, 1967, 81 Stat. 130
TITLE 2 -- THE CONGRESS
Section, Pub. L. 89-90, 101, July 27, 1965, 79 Stat. 268, provided
for computation of long-distance telephone calls for Senators, wide area
telephone service contracts, and effective date of changes. See section
58 of this title.
Pub. L. 90-57 provided that the repeal is effective Jan. 1, 1968.
02 USC 46d-3. Repealed. Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85
Stat. 635
TITLE 2 -- THE CONGRESS
Section, Pub. L. 90-21, title I, May 29, 1967, 81 Stat. 38, made
contingent fund of Senate available for reimbursement of each Senator of
strictly official telephone service charges incurred outside District of
Columbia up to $300 in each fiscal quarter. See section 58 of this
title.
Pub. L. 92-184 provided that the repeal is effective Jan. 1, 1972.
02 USC 46d-4. Repealed. Pub. L. 92-607, ch. V, 506(k)(5), formerly
506(h)(5), Oct. 31, 1972, 86 Stat. 1508, redesignated 506(i)(5), Pub.
L. 95-391, title I, 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated
506(j)(5), Pub. L. 96-304, title I, 101, July 8, 1980, 94 Stat. 889,
redesignated 506(k)(5), Pub. L. 97-276, 101(e), Oct. 2, 1982, 96 Stat.
1189
TITLE 2 -- THE CONGRESS
Section, Pub. L. 90-57, July 28, 1967, 81 Stat. 130, authorized
payment from contingent fund of Senate of charges for long distance
telephone calls by Senators. See section 58 of this title.
Section 506(k), formerly 506(h), of Pub. L. 92-607, redesignated
506(i) by Pub. L. 95-391, title I, 108(a), Sept. 30, 1978, 92 Stat.
773, redesignated 506(j) by Pub. L. 96-304 title I, 101, July 8, 1980,
94 Stat. 889, and redesignated 506(k) by Pub. L. 97-276, 101( e), Oct.
2, 1982, 96 Stat. 1189, provided that the repeal is effective Jan. 1,
1973.
02 USC 46d-5. Repealed. Pub. L. 92-342, July 10, 1972, 86 Stat. 435
TITLE 2 -- THE CONGRESS
Section, Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 810, related to
reimbursement to Senators and President of Senate of official telephone
and telegraph communications charges incurred by them or on their behalf
out of contingent fund of Senate up to a maximum of $150 per annum.
Pub. L. 92-342 provided that the repeal is effective July 1, 1972.
02 USC 46e. Repealed. Pub. L. 92-607, ch. V, 506(k)(6), formerly 506(
h)(6), Oct. 31, 1972, 86 Stat. 1508, redesignated 506(i)(6), Pub. L.
95-391, title I, 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated
506(j)(6), Pub. L. 96-304, title I, 101, July 8, 1980, 94 Stat. 889,
redesignated 506(k)(6), Pub. L. 97-276, 101(e), Oct. 2, 1982, 96 Stat.
1189
TITLE 2 -- THE CONGRESS
Section, acts July 1, 1946, ch. 530, 60 Stat. 392; Aug. 2, 1946,
ch. 753, title I, 102, 60 Stat. 814, authorized the payment of charges
for telegrams by Senators. See section 58 of this title.
Section 506(k), formerly 506(h), of Pub. L. 92-607, redesignated
506(i) by Pub. L. 95-391, title I, 108(a), Sept. 30, 1978, 92 Stat.
773, redesignated 506(j) by Pub. L. 96-304, title I, 101, July 8, 1980,
94 Stat. 889, and redesignated 506(k) by Pub. L. 97-276, 101( e), Oct.
2, 1982, 96 Stat. 1189, provided that the repeal is effective Jan. 1,
1973.
02 USC 46f. Omitted
TITLE 2 -- THE CONGRESS
Section, acts June 23, 1949, ch. 238, 1, 63 Stat. 264; May 29,
1951, ch. 117, 1, 65 Stat. 47; Mar. 10, 1953, ch. 6, 1, 67 Stat. 5;
Feb. 27, 1956, ch. 74, 1, 70 Stat. 31; Sept. 21, 1959, Pub. L.
86-340, 1, 73 Stat. 605, related to telephone, telegraph, and
radiotelegraph allowances for Representatives, Delegates, and Resident
Commissioner, and was omitted from the Code as superseded by section 46g
of this title.
02 USC 46f-1. Repealed. Feb. 27, 1956, ch. 74, 2(b), 70 Stat. 32
TITLE 2 -- THE CONGRESS
Section, act July 2, 1954, ch. 455, title I, 68 Stat. 402, fixed
maximum minute allowance on long distance telephone calls of House
Members, Delegates, and Resident Commissioner.
Repeal effective as of noon, Jan. 3, 1956, see section 3 of act Feb.
27, 1956, set out as an Effective Date of 1956 Amendment note under
section 46g of this title.
02 USC 46g. Telephone, telegraph, and radiotelegraph allowances for
House Members
TITLE 2 -- THE CONGRESS
Until otherwise provided by law, there shall be paid out of the
contingent fund of the House of Representatives, in accordance with
regulations prescribed by the Committee on House Administration, such
amounts as may be necessary to pay --
(1) toll charges on strictly official long-distance telephone calls,
and
(2) charges on strictly official telegrams, cablegrams, and
radiograms,
made or sent by or on behalf of each Member of the House of
Representatives (including the Resident Commissioner from Puerto Rico),
other than the Speaker, the majority leader, the minority leader, the
majority whip, and the minority whip, aggregating not to exceed seventy
thousand units for each session of the House of Representatives, except
that, if a Member or Resident Commissioner is elected for a portion of a
term, the aggregate number of units to which he is entitled under this
section for each portion of a session served by him which is less than a
full session shall be a number which is the same percentage of seventy
thousand as the number of days of his service in such session less than
a full session is of the total number of days of the full session. Such
units (including any units less than one hundred and forty thousand to
the credit of a Member or Resident Commissioner at the close of the
Eighty-ninth Congress) shall accumulate and be available for use by each
such Member and Resident Commissioner, from session to session and from
term to term (if sessions and terms are consecutive), until the
aggregate number of such units to the credit of each such Member or
Resident Commissioner at the close of each session is not more than one
hundred and forty thousand units; but all units in excess of one
hundred and forty thousand at such time shall be forfeited and
unavailable for use by such Member or Resident Commissioner. For the
purposes of this section --
(A) one minute of a long-distance telephone call shall be four units,
(B) one word of a telegram, cablegram, or radiogram shall be one
unit, except that one word of a night letter shall be one-half unit,
(C) the word ''session'' means the period beginning at noon on
January 3 of each calendar year and ending at noon on January 3 of the
immediately following calendar year, and
(D) the word ''term'' means the period beginning at noon on January 3
of each odd-numbered calendar year and ending at noon on January 3 of
the next succeeding odd-number calendar year.
(June 23, 1949, ch. 238, 2, 63 Stat. 265; May 29, 1951, ch. 117, 1,
65 Stat. 47; July 8, 1952, ch. 590, 1, 66 Stat. 443; Mar. 10, 1953,
ch. 6, 1, 67 Stat. 5; Feb. 27, 1956, ch. 74, 2(a), (c), 70 Stat. 32;
Sept. 4, 1957, Pub. L. 85-289, 1, 71 Stat. 614; Sept. 21, 1959, Pub.
L. 86-340, 2, 73 Stat. 605; Dec. 30, 1963, Pub. L. 88-248, 103, 77
Stat. 817; Aug. 20, 1964, Pub. L. 88-454, 103, 78 Stat. 550; Aug. 21,
1965, Pub. L. 89-131, 1, 79 Stat. 544; Oct. 27, 1966, Pub. L. 89-697,
ch. VI, 80 Stat. 1064.)
1966 -- The number of units authorized was increased to 70,000 for
each session from prior authorization of 100,000 for each term,
accumulation of units was permitted, and provisions were added to count
one word of a night letter as one-half unit and to define ''session'' by
House Resolution No. 901, June 29, 1966, which was enacted into
permanent law by Pub. L. 89-697.
1965 -- Pub. L. 89-131 substituted ''four units'' for ''five units''
in cl. (1).
1964 -- Payment of charges for telephone calls, telegrams,
cablegrams, and radiograms for an additional ten thousand units during a
term was authorized by House Resolution No. 531, Oct. 2, 1963, which
was enacted into permanent law by Pub. L. 88-454.
1963 -- Payment of charges for telephone calls, telegrams,
cablegrams, and radiograms for an additional ten thousand units during a
term was authorized by House Resolution No. 735, July 25, 1962, which
was enacted into permanent law by Pub. L. 88-244.
1959 -- Pub. L. 86-340 designated first par. of existing provisions
as subsec. (a) and changed six thousand minute telephone allowance and
forty thousand word telegraph allowance for each Congress to an
aggregate eighty thousand units telephone and telegraph allowance, added
subsec. (b) and designated second par. of existing provisions as
subsec. (c).
1957 -- Pub. L. 85-289 authorized payment for 6,000 minutes of
long-distance telephone calls, 40,000 words in official telegrams,
cablegrams, and radiograms, and 4,000 words in telegrams, cablegrams,
and radiograms sent to or from a point outside the United States, and
substituted definition of ''term'' for definition of ''year''.
1956 -- Act Feb. 27, 1956, authorized payment of 3,000 minutes of
long-distance telephone calls made by Members each year, and charges on
official telegrams, cablegrams and radiograms aggregating not more than
20,000 words per year, and limited the amount of telegrams, cablegrams
and radiograms that may be sent to or from a point outside the United
States, or its Territories or possessions.
1953 -- Act Mar. 10, 1953, removed monthly limitations on official
telephone calls and telegrams of Members without affecting annual
limitations, and defined ''year''.
1952 -- Act July 8, 1952, allowed Members to use accumulated minutes
and words at any subsequent time during the Congress in which they
accumulate.
1951 -- Act May 29, 1951, changed limitation from $500 per year to
150 minutes per month for telephone calls and 1000 words per month for
telegrams.
Section 2 of Pub. L. 89-131 provided that: ''The amendment made by
the first section of this Act (amending this section) shall take effect
as of noon, January 3, 1965.''
Section 3 of Pub. L. 86-340 provided that: ''The amendments made by
the first two sections of this Act (amending this section and section
46f of this title) shall take effect as of noon, January 3, 1959.''
Section 2 of Pub. L. 85-289 provided that: ''The amendment made by
the first section of this Act (amending this section) shall take effect
as of noon, January 3, 1957.''
Section 3 of act Feb. 27, 1956, provided that: ''The amendments
made by this Act (amending this section and section 46f of this title
and repealing section 46f-1 of this title) shall take effect as of noon
on January 3, 1956.''
Section 2 of act Mar. 10, 1953, provided that: ''The amendment made
by this Act to such Act of June 23, 1949, as amended (amending this
section and section 46f of this title), shall take effect as of noon on
January 3, 1953.''
Section 2 of act July 8, 1952, provided that: ''The amendments made
by this Act (amending this section) shall take effect as of July 1,
1951.''
Section 4 of act May 29, 1951, provided that: ''The amendments made
by this Act (amending this section and sections 46f and 46i of this
title) shall take effect on July 1, 1951.''
Adjustment of allowances by Committee on House Administration, see
section 57 of this title.
Member as used in this section includes a Representative in Congress,
a Delegate, and the Resident Commissioner from Puerto Rico, see section
46i of this title.
02 USC 46g-1. Telephone allowances for House Members for strictly
official telephone service
TITLE 2 -- THE CONGRESS
(a) Effective as of April 1, 1971, until otherwise provided by law,
the Clerk of the House of Representatives shall reimburse, from the
contingent fund of the House --
(1) each Member of the House of Representatives and the Resident
Commissioner from Puerto Rico in an amount not more than $450 quarterly
for charges for strictly official telephone service incurred outside the
District of Columbia; and
(2) the Delegate from the District of Columbia in an amount not more
than $450 quarterly for charges for strictly official telephone service
incurred within the District of Columbia.
(b) Any unused portion of each quarterly allowance provided by this
section shall lapse. The Committee on House Administration shall make
such rules and regulations as the committee considers necessary to carry
out this section. The amounts provided by this section shall be in
addition to any other amounts provided by law which may be available for
payment of charges described in subsection (a) of this section.
(Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 636.)
Section is based on section 1 of House Resolution No. 418,
Ninety-second Congress, May 18, 1971, which was enacted into permanent
law by Pub. L. 92-184.
A prior section, based on House Resolution No. 161, Ninetieth
Congress, May 11, 1967, which was enacted into permanent law by Pub. L.
90-392, title I, July 9, 1968, 82 Stat. 318, was repealed by section 3
of House Resolution No. 418. The repeal was effective on Dec. 15,
1971, the date of enactment of the provisions of House Resolution No.
418 as permanent law.
Adjustment of allowances by Committee on House Administration, see
section 57 of this title.
02 USC 46h. Repealed. May 29, 1951, ch. 117, 2, 65 Stat. 47, eff.
July 1, 1951
TITLE 2 -- THE CONGRESS
Section, act June 23, 1949, ch. 238, 3, 63 Stat. 265, related to
limitation on charging telegrams to official business of the House. See
section 46g of this title.
02 USC 46i. Definitions
TITLE 2 -- THE CONGRESS
As used in section 46g of this title, the term ''Member'' or ''Member
of the House of Representatives'' includes a Representative in Congress,
a Delegate from a Territory, and the Resident Commissioner from Puerto
Rico.
(June 23, 1949, ch. 238, 6, 63 Stat. 265; May 29, 1951, ch. 117, 3,
65 Stat. 47.)
1951 -- Act May 29, 1951, struck out definition of ''State''.
Amendment by act May 29, 1951, effective July 1, 1951, see section 4
of that act set out as a note under section 46g of this title.
02 USC 47. Mode of payment
TITLE 2 -- THE CONGRESS
The compensation of Members and Delegates shall be passed as public
accounts, and paid out of the public Treasury.
(R.S. 46.)
R.S. 46 derived from acts Jan. 22, 1818, ch. 5, 3, 3 Stat. 404,
and Feb. 10, 1854, ch. 11, 1, 10 Stat. 267.
02 USC 48. Certification of salary and mileage accounts
TITLE 2 -- THE CONGRESS
Salary and mileage accounts of Senators shall be certified by the
President of the Senate, and those of Representatives and Delegates by
the Speaker of the House of Representatives; and such certificates
shall be conclusive upon all the departments and officers of the
Government.
(R.S. 47, 48; July 28, 1866, ch. 296, 17, 14 Stat. 323; Jan. 20,
1874, ch. 11, 18 Stat. 4.)
R.S. 47 derived from acts July 28, 1866, ch. 296, 17, 14 Stat.
323, and Jan. 22, 1818, ch. 5, 3, 3 Stat. 404.
R.S. 48 derived from act Sept. 30, 1850, ch. 90, 1, 9 Stat. 523.
R.S. 47 constitutes first clause and R.S. 48 constitutes remainder.
Speaker authorized to designate a substitute in his office to sign
certificates for salary and accounts, see section 50 of this title.
02 USC 49. Certificate of salary during recess
TITLE 2 -- THE CONGRESS
The Clerk of the House of Representatives is authorized and directed
to sign, during the recess of Congress after the first session and until
the first day of the second session, the certificates for the monthly
compensation of Members and Delegates in Congress, which certificate
shall be in the form in use on August 15, 1876, and shall have the like
force and effect as is given to the certificate of the Speaker.
(Aug. 15, 1876, ch. 287, 1, 19 Stat. 145.)
02 USC 50. Substitute to sign certificates for salary and accounts
TITLE 2 -- THE CONGRESS
The Speaker is authorized to designate from time to time some one
from among those appointed by him and appropriated for and employed in
his office, whose duty it shall be under the direction of the Speaker to
sign in his name and for him all certificates required by section 48 of
this title for salary and accounts for traveling expenses in going to
and returning from Congress of Representatives and Delegates.
(Nov. 12, 1903, P. Res. No. 1, 33 Stat. 1.)
02 USC 51. Monuments to deceased Senators or House Members
TITLE 2 -- THE CONGRESS
Whenever any deceased Senator or Member of the House of
Representatives shall be actually interred in the Congressional
Cemetery, so-called, it shall be the duty of the Sergeant at Arms of the
Senate, in the case of a Senator, and of the Sergeant at Arms of the
House of Representatives, in the case of a Member of the House, to have
a monument erected, of granite, with suitable inscriptions, and the cost
of the same shall be a charge upon and paid out either from the
contingent funds of the Senate or of the House of Representatives, to
whichever the deceased may have belonged, and any existing omissions of
monuments or inscriptions, as aforesaid, are directed and authorized to
be supplied in like manner.
(May 23, 1876, ch. 103, 19 Stat. 54.)
Grants to the Association for the Preservation of
Historic Congressional Cemetery
Pub. L. 97-245, Aug. 26, 1982, 96 Stat. 313, provided: ''That the
Congress finds and declares that --
''(1) sections of the Congressional Cemetery in the District of
Columbia are of national historic significance, including those areas in
which John Philip Sousa, Matthew Brady, J. Edgar Hoover, several former
Members of the United States Senate and House of Representatives, and
many other persons of historical importance and interest are buried;
and
''(2) the physical condition of these areas and related portions of
the cemetery has deteriorated to the extent that restoration is
necessary to protect and preserve the historical values of these areas.
''Sec. 2. In order to assist in the restoration and preservation of
the historic values of the Congressional Cemetery, the Architect of the
Capitol is authorized and directed to make grants to the Association for
the Preservation of Historic Congressional Cemetery, Washington,
District of Columbia, to be used for a program of restoration and
preservation (but not routine maintenance) of the cemetery to be carried
out under terms and conditions to be prescribed by the Architect of the
Capitol. The Association shall maintain adequate records and accounts
of all financial transactions and operations carried out under such
program, and such records shall be available at all times for audit and
investigation by the Architect or the Comptroller General of the United
States. Nothing in this Act (this note) shall be construed to vest
title to the Congressional Cemetery in the United States.
''Sec. 3. There is authorized to be appropriated $300,000 for grants
to be made under section 2 of this Act, such sums to remain available
until expended.
''Sec. 4. No authority under this Act (this note) to make payments
shall be effective except to the extent and in such amounts as provided
in advance in appropriations Acts.''
02 USC 52, 53. Repealed. Pub. L. 92-607, ch. V, 506(k)(7), formerly
506(h)(7), Oct. 31, 1972, 86 Stat. 1508, redesignated 506( i)(7), Pub.
L. 95-391, title I, 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated
506(j)(7), Pub. L. 96-304, title I, 101, July 8, 1980, 94 Stat. 889,
redesignated 506(k)(7), Pub. L. 97-276, 101(e), Oct. 2, 1982, 96 Stat.
1189
TITLE 2 -- THE CONGRESS
Section 52, Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 634,
provided for office space for Senators in their home states. See
section 58 of this title.
Similar provisions were contained in the following prior
appropriations acts:
June 27, 1956, ch. 453, 70 Stat. 359, as amended Sept. 29, 1965,
Pub. L. 89-211, 1(b), 79 Stat. 857.
Aug. 5, 1955, ch. 568, 69 Stat. 504.
July 2, 1954, ch. 455, title I, 68 Stat. 399.
Aug. 1, 1953, ch. 304, title I, 67 Stat. 321.
July 9, 1952, ch. 598, 66 Stat. 466.
Oct. 11, 1951, ch. 485, 65 Stat. 391.
Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 597.
June 22, 1949, ch. 235, 63 Stat. 219.
June 14, 1948, ch. 467, 62 Stat. 425.
Section 53, Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 634,
provided for payment of office expenses of Senators in their home
states. See section 58 of this title.
Similar provisions were contained in the following prior
appropriations acts:
June 27, 1956, ch. 453, 70 Stat. 359, as amended July 27, 1965,
Pub. L. 89-90, 79 Stat. 269; Dec. 12, 1969, Pub. L. 91-145, 83 Stat.
343.
Aug. 5, 1955, ch. 568, 69 Stat. 504.
July 2, 1954, ch. 455, title I, 68 Stat. 399.
Section 506(k), formerly 506(h), of Pub. L. 92-607, redesignated
506(i) by Pub. L. 95-391, title I, 108(a), Sept. 30, 1978, 92 Stat.
773, redesignated 506(j) by Pub. L. 96-304, title I, 101, July 8, 1980,
94 Stat. 889, and redesignated 506(k) by Pub. L. 97-276, 101( e), Oct.
2, 1982, 96 Stat. 1189, provided that the repeal is effective Jan. 1,
1973.
02 USC 54. United States Code Annotated or Federal Code Annotated;
procurement for House Members
TITLE 2 -- THE CONGRESS
(a) Subject to subsection (b) of this section, the Clerk of the House
of Representatives shall procure for and furnish to each Member of the
House of Representatives and the Resident Commissioner from Puerto Rico,
either one complete set of the current volumes of the United States Code
Annotated, and the current pocket parts thereof, published by the West
Publishing Company, Saint Paul, Minnesota, and the Edward Thompson
Company, Mineola, New York, or one complete set of the current volumes
of the Federal Code Annotated, and the current pocket parts thereof,
published by the Bobbs-Merrill Company, Incorporated, a subsidiary of
Howard W. Sams and Company, Incorporated, Indianapolis, Indiana, and
New York, New York, as such Member or Resident Commissioner may elect,
upon his written application to the Clerk containing his certification
that the volumes and pocket parts thereof for which he applies are
intended for his personal use exclusively. The complete set of the
volumes and pocket parts thereof for which the Member or Resident
Commissioner applies shall be furnished on a current basis for the
continuous period of his service as Member or Resident Commissioner
beginning immediately after his application therefor, irrespective of
the number of his terms of office covered by such period of service, and
his selection of the set of such volumes and pocket parts may not be
changed during such period of service. A Member and the Resident
Commissioner is entitled to apply for and receive a set of volumes and
pocket parts under this authorization after each break in his service as
Member or Resident Commissioner.
(b) A Member or the Resident Commissioner is not entitled, for the
continuous period of his service described in subsection (a) of this
section, to more than one copy of each of the current volumes, and the
current pocket parts thereof, for which he applies under this
authorization or, after the close of the Ninetieth Congress, to receive
a set of volumes and pocket parts under this authorization and a set of
the Code of Laws of the United States, and supplements thereto, under
section 212 of title 1.
(c) Until otherwise provided by law, there shall be paid out of the
contingent fund of the House of Representatives such sums as may be
necessary to carry out this authorization.
(d) The Committee on House Administration is authorized to prescribe
such regulations as may be necessary to carry out this authorization.
(Pub. L. 90-392, title I, July 9, 1968, 82 Stat. 318.)
The United States Code Annotated, referred to in subsec. (a), is
published by the West Publishing Company of St. Paul, Minnesota.
The Federal Code Annotated, referred to in subsec. (a), is now
published as the United States Code Service by The Lawyers Co-Operative
Publishing Company of Rochester, New York, and Bancroft-Whitney Co. of
San Francisco, California.
Section is based on House Resolution No. 506, Ninetieth Congress,
Aug. 21, 1967, which was enacted into permanent law by Pub. L.
90-392.
Adjustment of allowances by Committee on House Administration, see
section 57 of this title.
02 USC 55. United States Code Annotated or United States Code Service;
procurement for Senators
TITLE 2 -- THE CONGRESS
In lieu of the volumes of the Code of Laws of the United States, and
the supplements thereto, supplied a Senator under section 212 of title
1, the Secretary of the Senate is authorized and directed to supply to a
Senator upon written request of, and as specified by, that Senator --
(1) one copy of each of the volumes of the United States Code
Annotated being published at the time the Senator takes office, and, as
long as that Senator holds office, one copy of each replacement volume,
each annual pocket part, and each pamphlet supplementing each such
pocket part to the United States Code Annotated; or
(2) one copy of each of the volumes of the United States Code Service
being published at the time the Senator takes office, and, as long as
the Senator holds office, one copy of each replacement volume and each
pocket supplement to the United States Code Service.
A Senator is entitled to make a written request under this paragraph
and be supplied such volumes, pocket parts, and supplements the first
time he takes office as a Senator and each time thereafter he takes
office as a Senator after a period of time during which he has not been
a Senator. In submitting such written request, the Senator shall
certify that the volumes, pocket parts, or supplements he is to be
supplied are to be for his exclusive, personal use. A Senator holding
office on July 9, 1971, shall be entitled to file a written request and
receive the volumes, pocket parts, and supplements, as the case may be,
referred to in this paragraph if such request is filed within 60 days
after July 9, 1971. Expenses incurred under this authorization shall be
paid from the contingent fund of the Senate.
(Pub. L. 92-51, July 9, 1971, 85 Stat. 129; Pub. L. 92-607, ch. V,
501, Oct. 31, 1972, 86 Stat. 1504.)
1972 -- Pub. L. 92-607 substituted ''United States Code Service''
for ''Federal Code Annotated'' in two places.
02 USC 56. Office expenses within the District of Columbia of the
Delegate from the District of Columbia
TITLE 2 -- THE CONGRESS
Effective as of April 1, 1971, until otherwise provided by law, the
Clerk of the House of Representatives shall reimburse the Delegate from
the District of Columbia, from the contingent fund of the House, in an
amount not more than $300 quarterly, upon certification of the Delegate,
for official office expenses incurred within the District of Columbia.
(Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 636.)
Section is based on section 2 of House Resolution No. 418,
Ninety-second Congress, May 18, 1971, which was enacted into permanent
law by Pub. L. 92-184.
House of Representatives and Member Defined
Section 302(a), (b), and (d) of House Resolution No. 287,
Ninety-fifth Congress, Mar. 2, 1977, enacted into permanent law by Pub.
L. 95-94, title I, 115, Aug. 5, 1977, 91 Stat. 668, provided that:
''(a) Notwithstanding any other provision of law and until otherwise
provided by law --
''(1) effective January 3, 1977, each Member of the House of
Representatives shall be entitled to reimbursement under the nineteenth
paragraph under the subheading 'Contingent Expenses of the House' under
the heading 'HOUSE OF REPRESENTATIVES' in the Legislative Appropriation
Act, 1955 (2 U.S.C. 122a), or under chapter 4, section 401, of the
Supplemental Appropriations Act, 1972 (2 U.S.C. 56), for any official
expense incurred in the United States; and
''(2) the Clerk of the House may make disbursements under the
paragraph referred to in paragraph (1) by (A) direct payment to the
person from whom goods or services are obtained by the Member involved
under such paragraph; or (B) reimbursement to the Member involved or
person designated by the Member.
''(b) Effective January 3, 1978, notwithstanding any other provision
of law and until otherwise provided by law, and conditional upon the
adoption of a House rule prohibiting Members of the House of
Representatives from maintaining unofficial office accounts, the
entitlement of each Member of the House of Representatives under the
nineteenth paragraph under the subheading 'Contingent Expenses of the
House' under the heading 'HOUSE OF REPRESENTATIVES' in the Legislative
Appropriation Act, 1955 (2 U.S.C. 122a), or under chapter 4, section
401, of the Supplemental Appropriation Act, 1972 (2 U.S.C. 56), shall
not exceed $7,000 annually.
''(d) For purposes of this section, the terms 'Member of the House of
Representatives' and 'Member' mean each Representative in, or Delegate
or Resident Commissioner to, the House of Representatives.''
Section 302(a), (b), and (d) of House Resolution No. 287 is also set
out as a note under section 122a of this title. Section 302(c) of such
resolution is set out as a note under section 41 of this title.
Adjustment of allowances by Committee on House Administration, see
section 57 of this title.
Delegate to House of Representatives from District of Columbia, see
sections 25a, 25b of this title.
02 USC 57. Adjustment of allowances by Committee on House
Administration
TITLE 2 -- THE CONGRESS
(a) Until otherwise provided by law, the Committee on House
Administration may, as the committee considers appropriate, fix and
adjust from time to time, by order of the committee, the amounts of
allowances (including the terms, conditions, and other provisions
pertaining to those allowances) within the following categories:
(1) for Members of the House of Representatives, the Resident
Commissioner from Puerto Rico, and the Delegate from the District of
Columbia -- allowances for clerk hire, postage stamps, stationery,
telephone and telegraph and other communications, official office space
and official office expenses in the congressional district represented
(including, as applicable, a State, the Commonwealth of Puerto Rico, and
the District of Columbia), official telephone services in the
congressional district represented, and travel and mileage to and from
the congressional district represented; and
(2) for the standing committees, the Speaker, the majority and
minority leaders, the majority and minority whips, the Clerk, the
Sergeant at Arms, the Doorkeeper, and the Postmaster of the House of
Representatives -- allowances for postage stamps, stationery, and
telephone and telegraph and other communications.
(b) The contingent fund of the House of Representatives is made
available to carry out the purposes of this section.
(Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 636.)
Section is based on House Resolution No. 457, Ninety-second
Congress, May 27, 1971, which was enacted into permanent law by Pub. L.
92-184.
Pub. L. 101-520, title I, 104, Nov. 5, 1990, 104 Stat. 2262,
provided that: ''Effective as of the beginning of the 102d Congress,
the authorization for the Clerk Hire Allowance, as established by the
Committee on House Administration, is increased by $50,000.''
Resolved, that effective January 25, 1972, each Member of the House
of Representatives shall be entitled to office space suitable for his
use in the district he represents at such places designated by him in
such district. The Sergeant at Arms shall secure office space
satisfactory to the Member in post offices or Federal buildings at not
more than two (2) locations if such space is available. Office space to
which a Member is entitled under this resolution which is not secured by
the Sergeant at Arms may be secured by the Member, and the Clerk shall
approve for payment from the contingent fund of the House of
Representatives vouchers covering bona fide statements of amounts due
for office space not exceeding a total allowance to each Member of $200
per month; but if a Member certifies to the Committee on House
Administration that he is unable to obtain suitable space in his
district for $200 per month due to high rental rates or other factors,
the Committee on House Administration may, as the Committee considers
appropriate, direct the Clerk to approve for payment from the contingent
fund of the House of Representatives vouchers covering bona fide
statements of amounts due for suitable office space not exceeding a
total allowance to each Member of $350 per month. Members shall be
entitled to have no more than three (3) district offices outfitted with
office equipment, carpeting, and draperies at the expense of the General
Services Administration.
As used in this resolution the term ''Member'' means any Member of
the House of Representatives, the Resident Commissioner of Puerto Rico,
and the Delegate of the District of Columbia.
Resolved, that effective January 3, 1973, until otherwise provided by
order of the Committee on House Administration:
(a) The contingent fund of the House of Representatives is made
available for reimbursement of transportation expenses incurred by
Members (including the Resident Commissioner from Puerto Rico) in
traveling on official business, by the nearest usual route, between
Washington, District of Columbia, and any point in the district which he
represents, for not more than 36 round trips during each Congress, such
reimbursement to be made in accordance with rules and regulations
established by the Committee on House Administration of the House of
Representatives.
(b) The contingent fund of the House of Representatives is made
available for reimbursement of transportation expenses incurred by
employees in the office of a Member (including the Resident Commissioner
from Puerto Rico) for not more than 6 round trips during any Congress
between Washington, District of Columbia and any point in the
Congressional district represented by the Member. Such payment shall be
made only upon vouchers approved by the Member, containing a
certification by him that such travel was performed on official duty.
The Committee on House Administration shall make such rules and
regulations as may be necessary to carry out this section.
(c) A Member of the House of Representatives (including the Resident
Commissioner from Puerto Rico) may elect to receive in any Congress, in
lieu of reimbursement of transportation expenses for such Congress is
authorized in paragraph (a) above, a lump sum transportation payment of
$2,250 for each Congress. The Committee on House Administration of the
House of Representatives shall make such rules and regulations as may be
necessary to carry out this section.
(d) This order shall not affect any allowance for travel of Members
of the House of Representatives (including the Resident Commissioner
from Puerto Rico) which is authorized to be paid from funds other than
the contingent fund of the House of Representatives.
Resolved, that effective March 1, 1972, until otherwise provided by
order of the Committee on House Administration, each Member of the House
of Representatives, the Resident Commissioner from Puerto Rico, and the
Delegate from the District of Columbia shall be entitled to an annual
clerk hire allowance of $157,092 for not to exceed 16 clerks. There
shall be paid out of the contingent fund of the House of Representatives
such sums as may be necessary to carry out this order until otherwise
provided by law.
Resolved, that effective January 3, 1973, until otherwise provided by
order of the Committee on House Administration; the allowance for
stationery for each Member of the House of Representatives, Delegates,
and Resident Commissioner shall be $4,250 per regular session.
Resolved, that effective May 1, 1973, until otherwise provided by
order of the Committee on House Administration upon written request to
the Committee on House Administration, a Member, the Resident
Commissioner from Puerto Rico, or a Delegate to the House of
Representatives may employ in lieu of 1 of the 16 clerks allowed under
his clerk hire allowance, a research assistant at such salary as the
Member may designate. The Member's annual clerk hire allowance will
then be increased at the rate of $20,000.
There shall be paid out of the contingent fund of the House of
Representatives such sums as may be necessary to carry out this order
until otherwise provided by law.
Resolved, that effective May 1, 1973, until otherwise provided by
order of the Committee on House Administration, upon written request to
the Committee on House Administration, a Member, the Resident
Commissioner from Puerto Rico or a Delegate to the House of
Representatives may allocate up to $250 a month of any unused portion of
his clerk hire allowance for the leasing of equipment necessary for the
conduct of his office.
There shall be paid out of the contingent fund of the House of
Representatives such sums as may be necessary to carry out this order
until otherwise provided by law.
Resolved, that effective October 1, 1973, until otherwise provided by
Order of the Committee on House Administration the quarterly allowance
for official telephone service outside the District of Columbia for
Members, Delegates, and the Resident Commissioner from Puerto Rico is
increased from $450 quarterly to $600 quarterly.
Resolved, that effective October 1, 1973, until otherwise provided by
Order of the Committee on House Administration the quarterly allowance
for official office expenses incurred outside the District of Columbia
by Members, Delegates, and the Resident Commissioner from Puerto Rico
has been increased from $300 quarterly to $500 quarterly.
Resolved, that effective October 1, 1973, until otherwise provided by
Order of the Committee on House Administration the number of units
provided for official telephone calls, telegrams, cablegrams, and
radiograms made or sent by on or behalf of a Member, Delegate, or the
Resident Commissioner of Puerto Rico has been increased from 80,000
units to 100,000 units for each regular session of Congress. Such units
shall accumulate and be available for use until the aggregate number of
such units in the close of each session is not more than 200,000.
Unused units in excess of 200,000 at the close of session may not be
carried forward for use in a succeeding session.
Resolved, that until otherwise provided by the Committee on House
Administration, there shall be paid from the contingent fund of the
House of Representatives to each Member, Resident Commissioner, or
Delegate to the House of Representatives an additional allowance of
$1,000 for stationery. Such payment shall be effective each session
beginning with the 2nd Session of the 93d Congress.
Effective date: 2d Session of the 93d Congress.
Resolved, that effective January 1, 1974, until otherwise provided by
the Committee on House Administration, one word of a telegram,
cablegram, or radiogram, shall be charged as two (2) units, except that
one word of a night letter shall be charged as one (1) unit. In
addition, twelve (12) units shall be charged for physical delivery of
any telegram, cablegram, or radiogram, by the Telegraph Company.
Resolved, that effective March 1, 1974, each Member of the House of
Representatives shall be entitled to office space suitable for his use
in the district he represents at such places designated by him in such
district. The Sergeant at Arms shall secure office space satisfactory
to the Member in post offices or Federal buildings at not more than
three (3) locations if such space is available. Office space to which a
Member is entitled under this resolution which is not secured by the
Sergeant At Arms may be secured by the Member, and the Clerk shall
approve for payment from the contingent fund of the House of
Representatives vouchers covering bona fide statements of amounts due
for office space not exceeding a total allowance to each Member of $200
per month; but if a Member certifies to the Committee on House
Administration that he is unable to obtain suitable space in his
district for $200 per month due to high rental rates or other factors,
the Committee on House Administration may, as the Committee considers
appropriate, direct the Clerk to approve for payment from the contingent
fund of the House of Representatives vouchers covering bona fide
statements of amounts due for suitable office space not exceeding a
total allowance to each Member of $500 per month. In the event suitable
office space is not available in post offices or other Federal buildings
and the Member certifies to the Committee on House Administration that
he is unable to obtain suitable private space in his district for
$500.00 per month due to high rental rates or other factors, the
Committee on House Administration may direct the Clerk to approve for
payment from the contingent fund of the House of Representatives
vouchers covering bona fide statements of amounts due for suitable
office space not exceeding approximately 1,500 square feet at rates not
to exceed the highest applicable rate charged to Federal agencies in the
district established by regulations issued by the Administrator of
General Services pursuant to Section 210(j) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 490(j)).
Members shall be entitled to have no more than three (3) district
offices outfitted with office equipment, carpeting, and draperies at the
expense of the General Services Administration.
As used in this resolution the term ''Member'' means any Member of
the House of Representatives, the Resident Commissioner from Puerto
Rico, and the Delegates from the District of Columbia, Guam, and the
Virgin Islands.
Committee Order No. 12 rescinds the provisions of Committee Order
No. 1 revised.
Resolved, that in addition to postage stamps authorized to be
furnished under any other provision of law, until otherwise provided by
order of the Committee on House Administration, the Clerk of the House
of Representatives shall for each regular session of Congress procure
and furnish United States postage stamps to each Representative, the
Resident Commissioner of Puerto Rico, and the Delegates from the
District of Columbia, Guam, and the Virgin Islands in an amount not
exceeding $230, and to each standing committee of the House of
Representatives upon request of the chairman thereof, in an amount not
exceeding $140. In addition to postage stamps authorized under any
other provision of law, until otherwise provided by order of the
Committee on House Administration, the Speaker, the majority and
minority leaders, and the majority and minority whips of the House of
Representatives shall each be allowed United States postage stamps in an
amount not exceeding $205.
Effective date: August 20, 1974.
Resolved, that until otherwise provided by order of the Committee on
House Administration; the allowance for Stationery for each Member of
the House of Representatives, Delegate, and Resident Commissioner, shall
be $6,500 per regular session. Such payment shall be made to each
Member, Delegate, and the Resident Commissioner serving as such on or
after the date of adoption of this resolution.
Effective date: August 20, 1974.
Resolved, the Clerk of the House is authorized and directed to pay
each Member, the Resident Commissioner from Puerto Rico, and the
Delegates to the House of Representatives from the contingent fund of
the House the amount of $500 quarterly upon the certification of each
such Member, Resident Commissioner and Delegate for official expenses
incurred outside the District of Columbia; effective with the beginning
of the 94th Congress.
Effective date: December 18, 1974.
Resolved, that effective this date, until otherwise provided by order
of the Committee on House Administration, each Member, the Resident
Commissioner from Puerto Rico, and the Delegate from the District of
Columbia to the House of Representatives shall be entitled to an annual
clerk hire allowance for the employment of not to exceed 18 clerks, and
the Delegates from Guam and the Virgin Islands to the House of
Representatives shall be entitled to an annual clerk hire allowance for
the employment of not to exceed 11 clerks.
Effective date: March 6, 1975.
Resolved, that effective March 1, 1975, until otherwise provided by
order of the Committee on House Administration, upon written request to
the Committee on House Administration, a Member, the Resident
Commissioner from Puerto Rico or a Delegate to the House of
Representatives may allocate an amount not to exceed $250 a month of any
unused portion of his or her clerk hire allowance for the leasing of
equipment necessary for the conduct of his or her office or for the
leasing of computer and related services in connection with his or her
official duties.
Resolved, that effective this date, until otherwise provided by order
of the Committee on House Administration, each Member, the Resident
Commissioner from Puerto Rico or a Delegate to the House of
Representatives is authorized a $650 per month allowance to lease office
equipment, and upon written request to the Committee on House
Administration, a Member, the Resident Commissioner from Puerto Rico or
a Delegate to the House of Representatives may allocate an amount not to
exceed $250 a month of any unused portion of his or her clerk hire
allowance for the leasing of equipment necessary for the conduct of his
or her office or for the leasing of computer and related services in
connection with his or her official duties. The said monthly allowances
are not cumulative.
Effective date: April 23, 1975.
Resolved, that effective this date (June 2, 1975), until otherwise
provided by order of the Committee on House Administration:
(a) The contingent fund of the House of Representatives is made
available for reimbursement of transportation expenses incurred by
Members (including the Resident Commissioner from Puerto Rico, the
Delegates from the District of Columbia, the Virgin Islands, and Guam)
in traveling, on official business, by the nearest usual route, between
Washington, District of Columbia, and any point in the district which he
represents, for not more than 26-round trips during each session of
Congress (at the discretion of the Member, Resident Commissioner and
Delegates no more than 6 of the 26-round trips may be allocated to the
employees of their offices, such reimbursement to be made in accordance
with rules and regulations established by the Committee on House
Administration of the House of Representatives.
(b) The contingent fund of the House of Representatives is made
available for reimbursement of transportation expenses incurred by
employees in the office of a Member (including the Resident Commissioner
from Puerto Rico, the Delegates from the District of Columbia, the
Virgin Islands, and Guam) in traveling, on official business, by the
nearest usual route, between Washington, District of Columbia, and any
point in the Congressional district represented by the Member, for not
more than 6-round trips during each session of Congress. Such payment
shall be made only upon the receipt of a voucher approved by the Member,
containing a certification by him stating that such travel was performed
on official business. The Committee on House Administration shall make
such rules and regulations as may be necessary to carry out this
section.
(c) A Member of the House of Representatives (including the Resident
Commissioner from Puerto Rico, the Delegates from the District of
Columbia, the Virgin Islands, and Guam) may elect to receive in each
session of Congress, in lieu of reimbursement of transportation expenses
for each session of Congress as authorized in paragraph (a) above, a
lump sum transportation payment of $2,250 for each session of Congress.
The Committee on House Administration of the House of Representatives
shall make such rules and regulations as may be necessary to carry out
this section.
(d) This order shall not affect any allowance for travel of Members
of the House of Representatives (including the Resident Commissioner
from Puerto Rico, the Delegates from the District of Columbia, the
Virgin Islands, and Guam) which is authorized to be paid from funds
other than the contingent fund of the House of Representatives.
Resolved, that effective June 1, 1975, until otherwise provided by
order of the Committee on House Administration, each Member of the House
of Representatives, the Resident Commissioner from Puerto Rico, and the
Delegates from the District of Columbia, the Virgin Islands, and Guam
shall be entitled to an additional annual clerk hire allowance of
$22,500. There shall be paid out of the contingent fund of the House of
Representatives such sums as may be necessary to carry out this order
until otherwise provided by law.
Resolved, that effective June 1, 1975, until otherwise provided by
order of the Committee on House Administration, each Member of the House
of Representatives, Delegate and Resident Commissioner shall be entitled
to a constituent communication's allowance equivalent to the fair market
value of the printing and production costs of two standard 11 x 17 inch
Congressional district-wide constituent reports per annum for use in
production and printing of newsletters, questionnaires or similar
correspondence eligible to be mailed under the frank. The Committee on
House Administration shall make such rules and regulations as may be
necessary to establish the fair market value of the cost of printing and
production of two standard 11 x 17 inch Congressional district-wide
constituent report. There shall be paid out of the contingent fund of
the House of Representatives such sums as may be necessary until
otherwise provided by law.
Resolved, that effective for the 94th Congress, until otherwise
provided by Order of the Committee on House Administration, that in
addition to the basic installation and service charges not to exceed the
cost of three telephone lines at each of three district offices, the
number of units provided for official telephone calls, telegrams,
cablegrams, and radiograms made or sent by on or behalf of a Member,
Delegate, or the Resident Commissioner of Puerto Rico is hereby changed
to an overall allowance of 125,000 units for each regular session of
Congress. These units shall be transferable among the Washington, D.C.
and district offices. In addition, payment for the use of a WATS line
is authorized, but the charges for such WATS line shall be calculated
and deducted at a rate of 11 cents per unit. Such units shall
accumulate and be available for use until the aggregate number of such
units at the close of each session or Congress is not more than 250,000.
Unused units in excess of 250,000 at the close of a session may not be
carried forward for use in a succeeding session or Congress.
Resolved, that effective this date (July 29, 1975), until otherwise
provided by order of the Committee on House Administration, each Member,
the Resident Commissioner from Puerto Rico or a Delegate to the House of
Representatives is authorized upon written request to the Committee on
House Administration, to allocate an amount not to exceed $1000 a month
of any unused portion of his or her clerk hire allowance for the leasing
of computer and related services in connection with his or her official
duties. The said monthly allowance is not cumulative.
Resolved, that effective October 1, 1975, until otherwise provided by
order of the Committee on House Administration, each Member, the
Resident Commissioner from Puerto Rico or a Delegate to the House of
Representatives is authorized a $750.00 per month allowance to lease
office equipment, and upon written request to the Committee on House
Administration, a Member, the Resident Commissioner from Puerto Rico or
a Delegate to the House of Representatives may allocate an amount not to
exceed $250.00 a month of any unused portion of his or her clerk hire
allowance for the leasing of equipment necessary for the conduct of his
or her office in connection with his or her official duties. The said
monthly allowances are not cumulative.
Resolved, that effective immediately prior to noon on January 3,
1977, until otherwise provided by order of the Committee on House
Administration, the allowance for airmail and special delivery stamps
authorized by 2 U.S.C. 42c and 42d shall be reduced from its existing
level to one dollar per session.
Resolved, that effective immediately prior to noon, January 3, 1977,
until otherwise provided by Order of the Committee on House
Administration, each Member of the House of Representatives shall be
entitled to annual clerk-hire allowance of $238,584.00 for not to exceed
18 clerks. The amount of this allowance may be adjusted by the
Committee on House Administration subsequent to the adoption of this
order to reflect any adjustment to federal salary levels that occur
under the Federal Pay Comparability Act of 1971.
The Committee on House Administration of the House of Representatives
shall promulgate such regulations as may be necessary to carry out the
provisions of this resolution.
''Member'' means each Representative in, or Delegate or Resident
Commissioner to, the House of Representatives.
Resolved, that effective September 1, 1976, until otherwise provided
by order of the Committee on House Administration, reimbursements to
Members for authorized expenditures shall be made only as prescribed by
regulations of, and on forms issued by the Committee on House
Administration.
''Member'' means each Representative in, or Delegate or Resident
Commissioner to, the House of Representatives.
Resolved, that effective immediately prior to noon on January 3,
1977, until otherwise provided by Order of the Committee on House
Administration, if a Member elects to utilize WATS or similar service in
his or her office in the District of Columbia, the Telecommunications
Allowance shall be reduced by one-half. The Committee on House
Administration shall promulgate regulations to implement this order and
ensure adequate telecommunications service for Members representing
districts where WATS or similar service is not available.
''Member'' means each Representative in, or Delegate or Resident
Commissioner to, the House of Representatives.
Resolved, that effective immediately prior to noon on January 3,
1977, until otherwise provided by Order of the Committee on House
Administration, a Member may at any time during a session of Congress:
1 -- Receive in lieu of transportation authorized under 2 U.S.C. 43b
a lump sum payment not to exceed $1.00 per session.
2 -- Withdraw a sum not to exceed $1.00 per session from his or her
stationery account.
3 -- Receive under the provisions of 2 U.S.C. 122a an amount not to
exceed $1.00 per session for official expenses outside the District of
Columbia unless such Member submits an itemization of the expenses for
which such Member seeks reimbursement.
The Committee on House Administration of the House of Representatives
shall promulgate such regulations as may be necessary to carry out the
provisions of this resolution.
''Member'' means each Representative in, or Delegate or Resident
Commissioner to, the House of Representatives.
Resolved, that effective immediately prior to noon on January 3,
1977, until otherwise provided by Order of the Committee on House
Administration, Members may elect to transfer the authorization to
expend funds among the following allowances.
1. Constituent Communication Allowance.
2. Official Expenses Outside the District of Columbia Allowance.
3. Stationery Allowance.
4. Equipment Lease Allowance.
5. Travel Allowance for Members and Designated Employees. The
maximum amount transferable will be limited to an amount computed as
follows:
64 times the rate per mile between the District of Columbia and
the furthest point in the Member's District, according to the Rand
McNally Standard Highway Mileage Guide. In no case shall this amount be
less than $2,250. The following rates per mile apply:
Under 500 miles $.15/mile
At least 500 but under 750 miles .14/mile At least 750 but under
1000 miles .13/mile At least 1000 but under 1750 miles .12/mile At
least 1750 but under 2250 miles .11/mile At least 2250 but under
2500 miles .10/mile At least 2500 but under 3000 miles .09/ mile
3000 miles or over .08/mile
6. Telephone and Telegraph Allowance. The maximum amount
transferable will be limited to an amount computed as follows:
15,000 minutes times the highest long-distance telephone rate
from the District of Columbia to the Member's District.
If the Member has elected to utilize WATS or similar service in
his or her office in the District of Columbia, the amount will be
reduced by one-half.
7. District Office Rental Allowance. The maximum amount transferable
will be computed as follows:
1500 times the highest allowable GSA rental cost per square foot
for office space in the Member's District.
Additionally, a Member may transfer a maximum of $12,000 per regular
session of Congress for computer and related services and a maximum of
$3,000 per regular session of Congress for Office Equipment leasing for
his or her clerk-hire allowance.
All transfers made under this order shall be among the several
above-stated categories and for the necessary and official expenses
incurred by the Member in the conduct of his or her duties as a Member
of the House of Representatives.
In the event the House precludes the use of the contingent fund of
the House for implementation of this committee order, the status quo
anti shall be restored as respects the individual accounts and
allowances heretofore established by committee order or regulation prior
to the adoption of this committee order.
The Committee on House Administration of the House of Representatives
shall promulgate such regulations as may be necessary to carry out the
provisions of this resolution.
''Member'' means each Representative in, or Delegate or Resident
Commissioner to, the House of Representatives.
Resolved, that effective April 1, 1977, until otherwise provided by
order of the Committee on House Administration, each Member, Delegate or
Resident Commissioner of the House of Representatives may compensate
employees from the clerk-hire allowance at a per annum rate equivalent
to, and not to exceed, the highest per annum rate of basic pay, as in
effect from time to time, authorized for Level V of the Executive
Schedule (5 U.S.C. 5316).
This order will tie the maximum annual rate of compensation which may
be paid from the clerk-hire allowance to the Executive Schedule, and
will reestablish the previously existing parity between the maximum
which may be paid a committee employee, and the maximum which may be
paid a clerk-hire employee.
The Order raises the ceiling from its present level of $39,600 to
$47,500, which corresponds to a Level V position, but provides no
additional funds to the clerk-hire allowance. If a Member desires to
raise an employee's salary, it must be done from the existing allowance.
This action is clearly within the Committee's authority under 2 U.S.
C. 57 as modified by H.Res. 1372 (P.L. 94-440) (2 U.S.C. 57a), because
it sets a ''term or condition'' of an allowance, and does not fix or
adjust the amount of an allowance, which action would require a vote on
the House floor.
Resolved, That effective October 1, 1977, until otherwise provided by
order of the Committee on House Administration, reimbursement for travel
by members and employees by privately owned conveyance shall be at the
rate of 17 cents per mile for automobile, 15 cents per mile for
motorcycle, 36 cents per mile for aircraft, and that such reimbursement
shall be made in accordance with rules and regulations established by
the Committee on House Administration.
Resolved, That effective May 1, 1981, until otherwise provided by the
Committee on House Administration, the Allowance for Official Expenses
and the Inventory Allowance for District Office Equipment and
Furnishings are adjusted as follows:
1. The base allowance for Official expenses is increased to $47,300.
2. The Travel Allowance is increased to a base of $4,950, and the
multiplier in the formula used to compute the variable for travel is
increased to a range of 18 to 30 cents.
3. The Inventory Allowance for District Office Equipment and
Furnishing is increased to $35,000.
Expenditures of these funds shall be made in accordance with rules
and regulations established by the Committee on House Administration.
Resolved, that effective January 3, 1983, until otherwise provided by
the Committee on House Administration, the Allowance for Official
Expenses is as follows:
1. The base allowance for Official Expenses is increased to $52,000.
2. The Travel Allowance is increased to a minimum of $5,700, and the
multiplier in the formula used to compute the variable for travel is
increased to a range of 21 to 35 cents.
Expenditures of these funds shall be made in accordance with rules
and regulations established by the Committee on House Administration.
Resolved, That effective May 1, 1983, until otherwise provided by the
Committee on House Administration, the Clerk-Hire Allowance and the
Official Expenses Allowance are adjusted as follows:
1. The base allowance for Official Expenses is increased by $15,000.
2. Each session a Member may allocate not to exceed $30,000 from the
basic Clerk-Hire Allowance which may be used to supplement the Official
Expenses Allowance, and may allocate not to exceed $30,000 from the
Official Expenses Allowance to supplement the basic Clerk-Hire
Allowance, provided however that monthly Clerk-Hire disbursements may
not exceed 10 percent of the basic Clerk-Hire Allowance.
All disbursements and allocations shall be made in accordance with
rules and regulations established by the Committee on House
Administration.
Resolved, That effective January 3, 1984, until otherwise provided by
the Committee on House Administration, the Allowance for Official
Expenses is adjusted as follows:
(1) The Travel Allowance is increased to reflect a cost per mile
variable ranging from $.23 to $.39, with a minimum of $6,200.
Expenditures of these funds shall be made in accordance with rules
and regulations established by the Committee on House Administration.
Resolved, That effective October 1, 1985, until otherwise provided by
order of the Committee on House Administration, each Member is entitled
to three FTS lines for use in district office(s) without charge to the
official expenses allowance.
Resolved, That effective August 1, 1985, until otherwise provided by
the Committee on House Administration, the Clerk-Hire Allowance and the
Official Expenses Allowance are adjusted as follows:
Each session a member may allocate not to exceed $40,000 from the
basic Clerk-Hire Allowance which may be used to supplement the Official
Expenses Allowance, and may allocate not to exceed $40,000 from the
Official Expenses Allowance to supplement the basic Clerk-Hire
Allowance, provided however that monthly Clerk-Hire disbursements may
not exceed 10% of the basic Clerk-Hire Allowance.
All disbursements and allocations shall be made in accordance with
rules and regulations established by the Committee on House
Administration.
Resolved, that effective March 15, 1990, until otherwise provided by
the Committee on House Administration, the Clerk-Hire Allowance and the
Official Expenses Allowance are adjusted as follows:
Each session a Member may allocate not to exceed $50,000 from
the basic Clerk-Hire Allowance which may be used to supplement the
Official Expenses Allowance, and may allocate not to exceed $50,000 from
the Official Expenses Allowance to supplement the basic Clerk-Hire
Allowance, provided however that monthly Clerk-Hire disbursements may
not exceed 10% of the basic Clerk-Hire Allowance.
All disbursements and allocations shall be made in accordance with
rules and regulations established by the Committee on House
Administration.
Resolved, That effective May 8, 1991, until otherwise provided by the
Committee on House Administration, the Clerk-Hire Allowance and the
Official Expenses Allowance are adjusted as follows: Each session a
Member may allocate not to exceed $75,000 from the basic Clerk-Hire
Allowance which may be used to supplement the Official Expenses
Allowance, and may allocate not to exceed $75,000 from the Official
Expenses Allowance to supplement the basic Clerk-Hire Allowance,
provided however that monthly Clerk Hire disbursements may not exceed 10
percent of the basic Clerk-Hire Allowance.
All disbursements and allocations shall be made in accordance with
rules and regulations established by the Committee on House
Administration.
/1/ Rescinded. See Committee Order No. 12.
02 USC 57a. Limitation on authority of Committee on House
Administration to fix and adjust allowances
TITLE 2 -- THE CONGRESS
(a) Until otherwise provided by law, any allowance specified in
subsection (a)(1) of the first section of H. Res. 457, Ninety-second
Congress, relating to expenditures of funds from the contingent fund of
the House of Representatives for certain allowances to Members,
officers, and standing committees of the House (2 U.S.C. 57), adopted
July 21, 1971, and enacted as permanent law by the Supplemental
Appropriations Act, 1972 (Public Law 92-184; 85 Stat. 627), hereinafter
in this section referred to as ''H. Res. 457, Ninety-second Congress'',
may be fixed or adjusted only through the adoption of a resolution by
the House of Representatives, except that the Committee on House
Administration may fix or adjust such allowance in any case in which
such action by such committee is made necessary by --
(1) any change in the price of materials, services, or office space;
(2) any technological change or other improvement in electrical or
mechanical equipment; or
(3) any increase in the cost of living which results in action under
the Federal Pay Comparability Act of 1971.
(b) Upon the date of the adoption of this section, the authority of
the Committee on House Administration under H. Res. 457, Ninety-second
Congress, shall be subject to the provisions of this section.
(Pub. L. 94-440, title II, 101, Oct. 1, 1976, 90 Stat. 1448.)
Subsection (a)(1) of the first section of H. Res. 457, Ninety-second
Congress, referred to in subsec. (a), is classified to section 57(a)(1)
of this title.
The Federal Pay Comparability Act of 1971, referred to in subsec.
(a)(3), probably means the Federal Pay Comparability Act of 1970, Pub.
L. 91-656, Jan. 8, 1971, 84 Stat. 1946. For complete classification of
this Act to the Code, see Short Title note set out under section 5301 of
Title 5, Government Organization and Employees, and Tables.
Section is based on House Resolution No. 1372, Ninety-fourth
Congress, July 1, 1976, which was enacted into permanent law by Pub. L.
94-440.
02 USC 58. Mail, telegraph, telephone, stationery, office supplies, and
home State office and travel expenses for Senators
TITLE 2 -- THE CONGRESS
(a) Authorization for payment from Senate contingent fund
The contingent fund of the Senate is made available for payment
(including reimbursement) to or on behalf of each Senator, upon
certification of the Senator, for the following expenses incurred by the
Senator and his staff:
(1) telecommunications equipment and services subject to such
regulations as may be promulgated by the Committee on Rules and
Administration of the Senate;
(2)(A) stationery and other office supplies procured for use for
official business, and
(B) metered charges for use of copying equipment provided by the
Sergeant at Arms and Doorkeeper of the Senate;
(3)((A) Repealed. Pub. L. 101-520, title I, 11, Nov. 5, 1990, 104
Stat. 2260) (B) postage on, and fees and charges in connection with
official mail matter sent through the mail other than the franking
privilege upon certification by the Senate Sergeant at Arms and subject
to such regulations as may be promulgated by the Committee on Rules and
Administration, and (C) costs incurred in the preparation of required
official reports, and the acquisition of mailing lists to be used for
official purposes, and in the mailing, delivery, or transmitting of
matters relating to official business;
(4) official office expenses incurred (other than for equipment and
furniture and expenses described in paragraphs (1) through (3)) for an
office in his home State;
(5) expenses incurred for publications printed or recorded in any way
for auditory and visual use (including subscriptions to books,
newspapers, magazines, clipping, and other information services);
(6) subject to the provisions of subsection (e) of this section,
reimbursement of travel expenses incurred by the Senator and employees
in his office;
(7) expenses incurred for additional office equipment and services
related thereto (but not including personal services), in accordance
with regulations promulgated by the Committee on Rules and
Administration of the Senate;
(8) charges officially incurred for recording and photographic
services and products; and
(9) such other official expenses as the Senator determines to be
necessary.
Payment under this section shall be made only upon presentation of
itemized vouchers for expenses incurred and, in the case of expenses
paid or reimbursed under paragraphs (6) and (9), only upon presentation
of detailed itemized vouchers for such expenses. Vouchers presented for
payment under this section shall be accompanied by such documentation as
is required under regulations promulgated by the Committee on Rules and
Administration of the Senate. No payment shall be made under paragraph
(4) or (9) for any expense incurred for entertainment or meals.
(b) Limits for authorized expenses; recalculation formula
(1)(A) Except as is otherwise provided in the succeeding paragraphs
of this subsection and subject to subparagraph (B) of this paragraph,
the total amount of expenses authorized to be paid to or on behalf of a
Senator under this section shall not exceed for calendar year 1977 or
any calendar year thereafter an amount equal to one-half of the sum of
the amounts authorized to be paid under this section on the day before
August 5, 1977, to or on behalf of both of the Senators from the State
which he represents, increased by an amount equal to twenty percent
thereof and rounded to the next higher multiple of $1,000.
(B) In the event that the term of office of a Senator begins after
the first month of any such calendar year or ends (except by reason of
death, resignation, or expulsion) before the last month of any such
calendar year, the aggregate amount available to such Senator for such
year shall be the aggregate amount computed under paragraph (1) of this
subsection, divided by 12, and multiplied by the number of months in
such year which are included in the Senator's term of office, counting
any fraction of a month as a full month.
(2)(A) In the case of the period which commences January 1, 1988, and
ends September 30, 1988, the total of --
(i) the expenses paid to or on behalf of a Senator under this section
for such period, plus
(ii) the aggregate amount of gross compensation which is paid to
employees in the office of such Senator for such period (as determined
for purposes of section 61-1(d) of this title),
shall not exceed the aggregate of --
(iii) subject to subparagraph (B), an amount equal to 75 percent of
the amount of the authorized expenses under this section for the
calendar year ending December 31, 1987, as determined in the case of a
Senator, who represents the State which such Senator represents, whose
term of office included all of such calendar year, plus
(iv) the amount by which (I) the aggregate of the gross compensation
which may be paid to employees in the office of such Senator for the
fiscal year ending September 30, 1988, pursuant to the limitations
imposed by section 61-1(d) of this title (as determined without regard
to paragraph (1)(B) thereof), exceeds (II) the aggregate amount of gross
compensation which is paid to employees in the office of such Senator
for that part of such fiscal year which precedes January 1, 1988.
(B) In the event that the term of office of a Senator begins after
the first month of the period which commences January 1, 1988, and ends
September 30, 1988, or ends (except by reason of death, resignation, or
expulsion) before the last month of such period, the amount computed
pursuant to subparagraph (A)(iii) of this paragraph (but before
application of this subparagraph) shall be recalculated as follows:
such amount, as computed under subparagraph (A)(iii) of this paragraph,
shall be divided by 9, and multiplied by the number of months in such
period which are included in the Senator's term of office, counting any
fraction of a month as a full month.
(3)(A) In the case of the fiscal year beginning October 1, 1988, or
any fiscal year thereafter, the total of --
(i) the expenses paid to or on behalf of a Senator under this section
for such fiscal year, plus
(ii) the aggregate amount of gross compensation which is paid to
employees in the office of such Senator for such fiscal year (as
determined for purposes of section 61-1(d) of this title),
shall not exceed the aggregate of --
(iii) subject to subparagraph (B), in case the Senator represents
Alabama, $68,000, Alaska, $176,000, Arizona, $81,000, Arkansas, $70,000,
California, $122,000, Colorado, $76,000, Connecticut, $57,000, Delaware,
$47,000, Florida, $72,000, Georgia, $68,000, Hawaii, $200,000, Idaho,
$80,000, Illinois, $91,000, Indiana, $68,000, Iowa, $71,000, Kansas,
$71,000, Kentucky, $67,000, Louisiana, $72,000, Maine, $62,000,
Maryland, $52,000, Massachusetts, $66,000, Michigan, $76,000, Minnesota,
$72,000, Mississippi, $70,000, Missouri, $73,000, Montana, $80,000,
Nebraska, $72,000, Nevada, $82,000, New Hampshire, $58,000, New Jersey,
$62,000, New Mexico, $77,000, New York, $98,000, North Carolina,
$64,000, North Dakota, $71,000, Ohio, $82,000, Oklahoma, $75,000,
Oregon, $85,000, Pennsylvania, $81,000, Rhode Island, $56,000, South
Carolina, $62,000, South Dakota, $72,000, Tennessee, $68,000, Texas,
$102,000, Utah, $80,000, Vermont, $57,000, Virginia, $58,000,
Washington, $88,000, West Virginia, $57,000, Wisconsin, $71,000,
Wyoming, $75,000, plus
(iv) the aggregate of the gross compensation which may be paid to
employees in the office of such Senator for such fiscal year, under the
limitations imposed by section 61-1(d) of this title, but without regard
to the provisions of paragraph (1)(C)(iv) thereof.
(B) In the event that the term of office of a Senator begins after
the first month of any such fiscal year or ends (except by reason of
death, resignation, or expulsion) before the last month of any such
fiscal year, the amount referred to in subparagraph (A)(iii) shall be
recalculated as follows: such amount, as computed under subparagraph
(iii), shall be divided by 12, and multiplied by the number of months in
such year which are included in the Senator's term of office, counting
any fraction of a month as a full month.
(c) Repealed. Pub. L. 97-51, 122, Oct. 1, 1981, 95 Stat. 965
(d) Repealed. Pub. L. 93-371, 101(3)(e), Aug. 13, 1974, 88 Stat.
429
(e) Transportation, essential travel-related expenses, and per diem
expenses; coverage; limitations; amounts
Subject to and in accordance with regulations promulgated by the
Committee on Rules and Administration of the Senate, a Senator and the
employees in his office shall be reimbursed under this section for
travel expenses incurred by the Senator or employee while traveling on
official business within the United States. The term ''travel
expenses'' includes actual transportation expenses, essential
travel-related expenses, and, where applicable, per diem expenses (but
not in excess of actual expenses). A Senator or an employee of the
Senator shall not be reimbursed for any travel expenses (other than
actual transportation expenses) for any travel occurring during the
sixty days immediately before the date of any primary or general
election (whether regular, special, or runoff) in which the Senator is a
candidate for public office (within the meaning of section 431(b) /1/ of
this title, unless his candidacy in such election is uncontested. For
purposes of this subsection and subsection (a)(6) of this section, an
employee in the Office of the President pro tempore, Deputy President
pro tempore, Majority Leader, Minority Leader, Majority Whip, Minority
Whip, Secretary of the Conference of the Majority, or Secretary of the
Conference of the Minority shall be considered to be an employee in the
office of the Senator holding such office.
(f) Omitted
(g) Closing of deceased Senator's State offices
In the case of the death of any Senator, the chairman of the
Committee on Rules and Administration may certify for such deceased
Senator for any portion of such sum already obligated but not certified
to at the time of such Senator's death, and for any additional amount
which may be reasonably needed for the purpose of closing such deceased
Senator's State offices, for payment to the person or persons designated
as entitled to such payment by such chairman.
(h) Individuals serving on panels or other bodies recommending
nominees for Federal judgeships, service academies, United States
Attorneys, or United States Marshals
For purposes of subsections (a) and (e) of this section, an
individual who is selected by a Senator to serve on a panel or other
body to make recommendations for nominees to one or more Federal
judgeships or to one or more service academies or one or more positions
of United States Attorney or United States Marshal shall be considered
to be an employee in the office of that Senator with respect to travel
and official expenses incurred in performing duties as a member of such
panel or other body, and shall be reimbursed (A) for actual
transportation expenses and per diem expenses (but not exceeding actual
travel expenses) incurred while traveling in performing such duties
within the Senator's home State or between that State and Washington,
District of Columbia, and each of the service academies, (B) for
official expenses incurred in performing such duties. For purposes of
this subsection and subsection (a) of this section, ''official
expenses'' means expenses of the type for which reimbursement may be
made to an employee in the office of a Senator when traveling on
business of a committee of which that Senator is a member, and, for
accounting purposes, such expenses shall be treated as expenses for
which reimbursement may be made under subsection (a)(4) of this section.
(i) Authorization of Secretary of Senate to pay reimbursable expenses
Whenever a Senator or an employee in his office has incurred an
expense for which reimbursement may be made under this section, the
Secretary of the Senate is authorized to make payment to that Senator or
employee for the expense incurred, subject to the same terms and
conditions as apply to reimbursement of the expense under this section.
(j) Advances from Senate contingent fund for travel expenses for
official business trips; vouchers; settlement
Whenever a Senator or employee of his office plans an official
business trip with respect to which reimbursement for travel expenses is
authorized under the preceding provisions of section (a), the Senator
(or such an employee who has been designated by the Senator to do so)
may, prior to the commencement of such trip and in accordance with
applicable regulations of the Senate Committee on Rules and
Administration, obtain from any moneys in the contingent fund of the
Senate which are available to him for purposes specified in subsection
(a)(6) of this section, such advance sum as he shall certify (and be
accountable for), to the Secretary of the Senate, to be necessary to
defray some or all of the expenses to be incurred on such trip which
expenses are reimbursable under the preceding provisions of this
section. The receipt by any Senator for any sum so advanced to him or
his order out of the contingent fund of the Senate by the Secretary of
the Senate shall be taken and passed by the accounting officers of the
Government as a full and sufficient voucher; but it shall be the duty
of such Senator (or employee of his office, as the case may be), as soon
as practicable, to furnish to the Secretary of the Senate a detailed
voucher of the expenses incurred for the travel with respect to which
the sum was so advanced, and make settlement with respect to such sum.
(Pub. L. 92-607, ch. V, 506(a)-(j), Oct. 31, 1972, 86 Stat.
1505-1507; Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 532; Pub. L.
93-371, 3(e), Aug. 13, 1974, 88 Stat. 429; Pub. L. 94-59, title I, 103,
July 25, 1975, 89 Stat. 274; Pub. L. 95-94, title I, 112(a)-( c), Aug.
5, 1977, 91 Stat. 663, 664; Pub. L. 95-240, title II, 208, Mar. 7,
1978, 92 Stat. 117; Pub. L. 95-391, title I, 108(a), Sept. 30, 1978, 92
Stat. 773; Pub. L. 96-304, title I, 101, 102(a), 103, 104, July 8,
1980, 94 Stat. 889; Pub. L. 97-19, July 6, 1981, 95 Stat. 103; Pub. L.
97-51, 122, Oct. 1, 1981, 95 Stat. 965; Pub. L. 97-257, title I,
104(a), Sept. 10, 1982, 96 Stat. 849; Pub. L. 97-276, Oct. 2, 1982,
101(e), 96 Stat. 1189; Pub. L. 98-51, title I, 102, July 14, 1983, 97
Stat. 266; Pub. L. 98-181, title I, 1204(a), Nov. 30, 1983, 97 Stat.
1290; Pub. L. 99-65, 1(a), July 12, 1985, 99 Stat. 163; Pub. L.
100-137, 1(b), Oct. 21, 1987, 101 Stat. 815; Pub. L. 100-458, title I,
8(a), 13, 14(a), Oct. 1, 1988, 102 Stat. 2162, 2163; Pub. L. 101-163,
title I, 5(a), Nov. 21, 1989, 103 Stat. 1045; Pub. L. 101-520, title I,
4(c), 8, 9(a), 11, title III, 311(h)(2), Nov. 5, 1990, 104 Stat.
2258-2260, 2280; Pub. L. 102-90, title I, 7( a), Aug. 14, 1991, 105
Stat. 451.)
Section consists of subsecs. (a) to (j) of section 506 of Pub. L.
92-607, as amended. Original subsecs. (h) and (i) which made certain
amendments and repeals to sections of this title that contained the
provisions now covered by this section, and subsec. (j) which amended
earlier appropriations not classified to the Code, were redesignated as
subsecs. (i) to (k) by Pub. L. 95-391, title I, 108(a), Sept. 30,
1978, 92 Stat. 773, further redesignated as subsecs. (j) to (l) by
Pub. L. 96-304, title I, 101, July 8, 1980, 94 Stat. 889, and
subsequently redesignated as subsecs. (k) to (m) by Pub. L. 97-276,
101(e), Oct. 2, 1982, 96 Stat. 1189.
Subsec. (f) related to a reduction of allowances for fiscal year
1973.
The 1982 amendments by Pub. L. 97-276 are based on sections 103 and
106(a) of S. 2939, Ninety-seventh Congress, 2d Session, as reported
Sept. 22, 1982, as incorporated by reference in section 101(e) of Pub.
L. 97-276, to be effective as if enacted into law.
1991 -- Subsec. (a). Pub. L. 102-90, 7(a)(1), (3)-(5), substituted
''payment (including reimbursement)'' for ''payment'' in introductory
provisions, substituted ''Payment'' for ''Reimbursement to a Senator and
his employees'' and ''paid or reimbursed'' for ''reimbursed'' in second
sentence, and substituted ''payment'' for ''reimbursement'' in last
sentence.
Subsec. (a)(3) to (5), (7) to (9). Pub. L. 102-90, 7(a)(2), struck
out ''reimbursement to each Senator for'' at beginning of pars. (3),
(4), and (7) to (9) and in par. (5) direction to strike such language
was executed by striking out ''reimbursements to each Senator for'' to
reflect the probable intent of Congress.
1990 -- Subsec. (a)(2). Pub. L. 101-520, 4(c), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ''stationery
and other office supplies procured for use for official business;''.
Subsec. (a)(3). Pub. L. 101-520, 311(h)(2), which directed that par.
(3) be amended by striking out ''postage on,'' and all that follows
through ''Senate, and'', could not be executed because those words do
not appear in par. (3) as amended generally by Pub. L. 101-163 which
in part restated provisions directed to be stricken by Pub. L.
101-520, 311(h)(2), as subpar. (A). See 1990 and 1989 Amendment notes
below.
Pub. L. 101-520, 11, struck out subpar. (A) which read as follows:
''postage on, and fees and charges in connection with, mail matter sent
through the mail under the franking privilege in excess of amounts
provided from the appropriation for official mail costs, upon
certification by the Senate Sergeant at Arms and subject to such
regulations as may be promulgated by the Committee on Rules and
Administration,''.
Subsec. (b)(3)(A)(iii). Pub. L. 101-520, 8, amended cl. (iii)
generally. Prior to amendment, cl. (iii) read as follows: ''subject
to subparagraph (B), in case the Senator represents Alabama, $53,000,
Alaska, $137,000, Arizona, $63,000, Arkansas, $54,000, California,
$95,000, Colorado, $59,000, Connecticut, $44,000, Delaware, $36,000,
Florida, $56,000, Georgia, $53,000, Hawaii, $156,000, Idaho, $62,000,
Illinois, $71,000, Indiana, $53,000, Iowa, $55,000, Kansas, $55,000,
Kentucky, $52,000, Louisiana, $56,000, Maine, $48,000, Maryland,
$40,000, Massachusetts, $51,000, Michigan, $59,000, Minnesota, $56,000,
Mississippi, $54,000, Missouri, $57,000, Montana, $62,000, Nebraska,
$56,000, Nevada, $64,000, New Hampshire, $45,000, New Jersey, $48,000,
New Mexico, $60,000, New York, $76,000, North Carolina, $50,000, North
Dakota, $55,000, Ohio, $64,000, Oklahoma, $58,000, Oregon, $66,000,
Pennsylvania, $63,000, Rhode Island, $43,000, South Carolina, $48,000,
South Dakota, $56,000, Tennessee, $53,000, Texas, $79,000, Utah,
$62,000, Vermont, $44,000, Virginia, $45,000, Washington, $68,000, West
Virginia $44,000, Wisconsin, $55,000, Wyoming, $58,000, plus''.
Subsec. (h). Pub. L. 101-520, 9(a), inserted ''or one or more
positions of United States Attorney or United States Marshal'' after
''one or more service academies''.
1989 -- Subsec. (a)(3). Pub. L. 101-163 amended par. (3) generally.
Prior to amendment, par. (3) read as follows: ''postage on, and fees
and charges in connection with, mail matter sent through the mail under
the franking privilege in excess of amounts provided from the
appropriation for official mail costs, upon certification by the Senate
Sergeant at Arms and subject to such regulations as may be promulgated
by the Committee on Rules and Administration of the Senate, and
reimbursement to each Senator for costs incurred in the preparation of
required official reports, and the acquisition of mailing lists to be
used for official purposes, and in the mailing, delivery, or
transmitting of matters relating to official business;''.
1988 -- Subsec. (a)(3). Pub. L. 100-458, 13, inserted ''postage on,
and fees and charges in connection with, mail matter sent through the
mail under the franking privilege in excess of amounts provided from the
appropriation for official mail costs, upon certification by the Senate
Sergeant at Arms and subject to such regulations as may be promulgated
by the Committee on Rules and Administration of the Senate, and'' before
''reimbursement''.
Subsec. (a)(9). Pub. L. 100-458, 8(a), 14(a), made identical
amendments, striking out '', but only (A) in the case of expenses for
the period commencing January 1, 1988, and ending with the close of
September 30, 1988, to the extent that such expenses do not exceed ten
percent of the total amount of expenses authorized to be paid to or on
behalf of such Senator under this section (excluding any amount so
authorized by subsection (b)(2)(A)(iv) of this section), and (B) in the
case of expenditures for periods commencing on or after October 1, 1988,
to the extent such expenses do not exceed ten percent of the total
amount of expenses authorized to be paid to or on behalf of such Senator
under this section (excluding any amount so authorized by subsection
(b)(3)(A)(iv) of this section for the fiscal year involved)'' after
''necessary''.
1987 -- Subsec. (a). Pub. L. 100-137, 1(b)(1), amended subsec. (a)
generally, substituting provisions authorizing payments from the Senate
contingent fund for former provisions authorizing such payments.
Subsec. (b). Pub. L. 100-137, 1(b)(2), designated existing provisions
of par. (1) as subpar. (A) of par. (1), substituted ''Except as is
otherwise provided in the succeeding paragraphs of this subsection and
subject to subparagraph (B) of this paragraph,'' for ''Except as
otherwise provided in paragraph (2) of this subsection,'', added pars.
(2) and (3), and redesignated former par. (2) as subpar. (B) of par.
(1).
Subsec. (e). Pub. L. 100-137, 1(b)(4), amended subsection (e)
generally, substituting provisions relating to reimbursement for travel
expenses incurred by Senators and employees for former provisions
relating to reimbursement of those expenses.
Subsec. (h). Pub. L. 100-137, 1(b)(3), struck out ''(1)'' after
''(h)'', substituted ''(a)(4)'' for ''(a)(5)'', and struck out par. (2)
which read as follows: ''The amount of official expenses incurred by
individuals selected by a Senator for which reimbursement may be made
under this subsection shall not exceed $500 each calendar year, and the
total amount of expenses incurred by such individuals for which
reimbursement may be made under this subsection shall not exceed $3,000
each calendar year.''
Subsec. (j). Pub. L. 100-137, 1(b)(5), substituted ''(a)(6)'' for
''(a)(8)''.
1985 -- Subsec. (a)(6). Pub. L. 99-65 amended par. (6) generally,
substituting ''for telephone service charges officially incurred outside
Washington, District of Columbia, which are based on the amount of time
the service is used'' for ''reimbusement to each Senator for telephone
service charges officially incurred outside Washington, District of
Columbia''.
1983 -- Subsec. (e). Pub. L. 98-181 inserted references to Secretary
of Conference of Majority and Secretary of Conference of Minority.
Pub. L. 98-51 inserted provisions authorizing reimbursement for
essential travel-related expenses and defined those expenses for
purposes of this subsection.
1982 -- Subsec. (b)(1). Pub. L. 97-276 substituted ''equal to twenty
percent thereof'' for ''equal to ten percent thereof''. See
Codification note above.
Subsec. (b)(2). Pub. L. 97-257 substituted ''(2) In the event that
the term of office of a Senator begins after the first month of any such
calendar year or ends (except by reason of death, resignation, or
expulsion) before the last month of any such calendar year, the
aggregate amount available to such Senator for such year shall be the
aggregate amount computed under paragraph (1) of this subsection,
divided by 12, and multiplied by the number of months in such year which
are included in the Senator's term of office, counting any fraction of a
month as a full month.'' for ''(2) In any such calendar year in which a
Senator does not hold the office of Senator at least part of each month
of that year, the aggregate amount available to the Senator shall be the
aggregate amount, computed under paragraph (1) of this subsection,
divided by 12, and multiplied by the number of months the Senator holds
such office during that year, counting any fraction of a month as a full
month.''
Subsec. (j). Pub. L. 97-276 added subsec. (j). See Codification note
above.
1981 -- Subsec. (a)(9). Pub. L. 97-19 inserted provisions which
authorized reimbursement out of contingent fund of Senate to each
Senator for expenses for additional office equipment.
Subsec. (c). Pub. L. 97-51 struck out subsec. (c) which provided
that aggregate of payments made to or on behalf of a Senator under this
section not exceed at any time during each calendar year one-twelfth of
the amount computed under subsection (b)(1) of this section multiplied
by the number of months (counting a fraction of a month as a month)
elapsing from the first month in that calendar year in which the Senator
held the office of Senator through the date of payment.
1980 -- Subsec. (a)(3). Pub. L. 96-304, 103, substituted ''costs
incurred in the mailing or delivery of'' for ''air mail and special
delivery postage for expenses incurred in the mailing of postal''.
Subsec. (e). Pub. L. 96-304, 102(a), substituted ''prescribed by the
Committee on Rules and Administration'' for ''in effect under section
5702 of title 5 for employees of agencies''.
Subsec. (h)(1). Pub. L. 96-304, 104, substituted ''to an employee in
the office of a Senator when traveling on business of a committee of
which that Senator is a member'' for ''under subsection (a)(9) when such
expenses are incurred by or on behalf of a Senator''.
Subsec. (i). Pub. L. 96-304, 101, added subsec. (i).
1978 -- Subsec. (e). Pub. L. 95-240 inserted reference to President
pro tempore and Deputy President pro tempore.
Subsec. (h). Pub. L. 95-391 added subsec. (h).
1977 -- Subsec. (a). Pub. L. 95-94, 112(a), in par. (1) struck out
provision requiring authorization by the Committee on Rules and
Administration in the manner prescribed by such Committee, in par. (7)
struck out ''and'' at end thereof, in par. (8) substituted provisions
requiring reimbursement of travel expenses incurred by the Senator and
employees in his office subject to the provisions of subsec. (e) of
this section, for provisions authorizing reimbursement of actual travel
expenses incurred by the Senator in travel-on official business between
Washington, D.C. and the State he represents and within such State, and
travel expenses incurred by employees in the Senator's office subject to
the provisions of subsec. (e) of this section, added par. (9), and in
text following par. (9) inserted provisions relating to reimbursement
of expenses incurred under par. (9).
Subsec. (b)(1). Pub. L. 95-94, 112(b), substituted provisions setting
forth criteria for determination of total amount of expenses authorized
to be paid to or on behalf of a Senator under this section for calendar
year 1977 or any calendar year thereafter, for provisions setting forth
criteria for determination of total amount of expenses authorized to be
paid to or on behalf of a Senator under this section for calendar year
1973 or any calendar year thereafter.
Subsec. (e). Pub. L. 95-94, 112(c), substituted provisions setting
forth prerequisites, conditions, and amounts of reimbursement for actual
transportation expenses and per diem expenses, but not exceeding actual
travel expenses, incurred by a Senator or employee in his office while
traveling on official business within the United States, for provisions
setting forth prerequisites, conditions, and amounts of reimbursement
for per diem and actual transportation expenses incurred, or actual
travel expenses incurred, by an employee in a Senator's office,
including employees authorized by Senate Resolution 60, 94th Congress,
and former section 72a-1c of this title, for round trips made by the
employee on official business by the nearest usual route between
Washington, D.C. and the home State of the Senator involved, and in
traveling within the State.
1975 -- Subsec. (a)(8). Pub. L. 94-59, 103(1), substituted ''travel
expenses incurred by employees'' for ''actual transportation expenses
incurred by employees''.
Subsec. (e). Pub. L. 94-59, 103(2), inserted new administrative
provisions covering the payment of travel expenses of employees in
Senators' offices for round trips between Washington, D.C., and the
Senators' home States, inserted references to Senate Resolution 60, 94th
Congress, agreed to June 12, 1975, and to sections 68b and 72a-1c of
this title, and inserted limiting provisions prohibiting reimbursement
for travel during the 60-day period immediately preceding any election
in which the Senator is a candidate.
1974 -- Subsec. (a)(4). Pub. L. 93-371 struck out par. (4) which
related to rental charges for office space at not more than three places
designated by the Senator in the State he represents. See section 59 of
this title.
Subsec. (c). Pub. L. 93-371 struck out provisions setting forth the
maximum allowable amount for rental payments for office space occupied
by the Senator in State he represents. See section 59 of this title.
Subsec. (d). Pub. L. 93-371 struck out subsec. (d) which authorized
the Sergeant at Arms to secure for each Senator home State office space
at not more than three places designated by the Senator in such home
State. See section 59 of this title.
1973 -- Subsec. (a)(7). Pub. L. 93-145 inserted ''newspapers,''
after ''subscriptions to''.
Section 7(c) of Pub. L. 102-90 provided that: ''The amendments made
by subsections (a) and (b) (amending this section and section 59 of this
title) shall take effect October 1, 1991.''
Section 4(d) of Pub. L. 101-520 provided that: ''The provisions of
subsections (a) and (b) (enacting section 58a-4 of this title), and the
amendment made by subsection (c) (amending this section) shall take
effect on October 1, 1990.''
Section 8 of Pub. L. 101-520 provided that the amendment made by
that section is effective in the case of any fiscal year which begins on
or after October 1, 1990.
Section 9(b) of Pub. L. 101-520 provided that: ''The amendment made
by subsection (a) (amending this section) shall be effective in the case
of expenses incurred after September 30, 1989.''
Amendment by section 311(h)(2) of Pub. L. 101-520 applicable with
respect to sessions of Congress beginning with the first session of the
One Hundred Second Congress, see section 59e(i) of this title.
Sections 8(b) and 14(b) of Pub. L. 100-458 provided that: ''The
amendment made by subsection (a) (amending this section) shall be
effective only in the case of expenses incurred on or after October 1,
1988.''
Section 1(b)(1)-(5) of Pub. L. 100-137 provided that the amendments
made by that section are effective Jan. 1, 1988.
Section 2 of Pub. L. 99-65 provided that: ''The amendments made by
this Act (amending this section and section 58a of this title) shall
take effect on the first day of the first calendar month which begins
more than sixty days after the date of enactment of this Act (July 12,
1985).''
Section 1204(b) of Pub. L. 98-181 provided that: ''The amendment
made by subsection (a) (amending this section) shall be effective in the
case of expenses incurred or charges imposed on or after October 1,
1983.''
Section 103(b) of S. 2939, as reported Sept. 22, 1982, and enacted
into permanent law by section 101(e) of Pub. L. 97-276 provided that:
''The amendment made by subsection (a) (amending this section) shall be
effective with respect to calendar years after the calendar year 1982.''
Section 106(b) of S. 2939, as reported Sept. 22, 1982, and enacted
into permanent law by section 101(e) of Pub. L. 97-276 provided that:
''The amendments made by subsection (a) of this section (amending this
section) shall take effect January 1, 1983.''
Section 104(b) of Pub. L. 97-257 provided that: ''The amendment
made by subsection (a) of this section (amending this section) shall be
effective on and after January 1, 1982.''
Section 122 of Pub. L. 97-51 provided that the amendment made by
that section is effective Jan. 1, 1982.
Section 101 of Pub. L. 96-304 provided that the amendment made by
that section is effective Oct. 1, 1979.
Section 103 of Pub. L. 96-304 provided that the amendment made by
that section is effective Feb. 1, 1980.
Section 104 of Pub. L. 96-304 provided that the amendment made by
that section is effective Jan. 1, 1980.
Section 108(b) of Pub. L. 95-391 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect on
January 1, 1978.''
Section 208 of Pub. L. 95-240 provided that the amendment made by
that section is effective Aug. 5, 1977.
Section 112(f) of Pub. L. 95-94 provided that: ''The amendments
made by subsections (a), (c), (d), and (e) (amending this section and
sections 59 and 68b of this title) shall take effect on the date of the
enactment of this Act (Aug. 5, 1977). The amendment made by subsection
(b) (amending this section) shall take effect as of January 1, 1977.''
Amendment by Pub. L. 93-371 effective on and after July 1, 1974, see
section 59(g) of this title.
Section 101 of Pub. L. 93-145 provided that the amendment made by
that section is effective Jan. 1, 1973.
Section 5(b) of Pub. L. 101-163 provided that: ''Receipts paid to
the Sergeant at Arms from sales of postage on, and fees and charges in
connection with mail matter sent through the mail by Senators, Senate
committees, or other Senate offices (including joint committees and
commissions funded from the contingent fund of the Senate), other than
under the franking privilege, as cash or check payments directly from
such Senators, committees, or offices, or as reimbursement from the
Financial Clerk of the Senate pursuant to certification by the Sergeant
at Arms of charges to be made to such funds available to such Senators,
committees, or offices for such postage, fees and charges shall be used
by the Sergeant at Arms for payment to the United States Postal Service
for such postage, fees, and charges.''
/1/ So in original. Probably should be section ''431(2)''.
02 USC 58a. Telecommunications services for Senators; payment of costs
out of contingent fund
TITLE 2 -- THE CONGRESS
The Sergeant at Arms and Doorkeeper of the Senate shall furnish each
Senator local and long-distance telecommunications services in
Washington, District of Columbia, and in such Senator's State in
accordance with regulations prescribed by the Senate Committee on Rules
and Administration; and the costs of such service shall be paid out of
the contingent fund of the Senate from moneys made available to him for
that purpose.
(Pub. L. 98-181, title I, 1205(a), Nov. 30, 1983, 97 Stat. 1290;
Pub. L. 99-65, 1(b), July 12, 1985, 99 Stat. 163; Pub. L. 99-439, Oct.
2, 1986, 100 Stat. 1085.)
Section is from the Supplemental Appropriations Act, 1984.
A prior section 58a, Pub. L. 95-94, title I, 112(g), Aug. 5, 1977,
91 Stat. 665, which directed the Sergeant at Arms and Doorkeeper of the
Senate to furnish not more than two WATS lines to any Senator requesting
them, with the cost of such service to be paid out of the contingent
fund of the Senate, was repealed by section 1205(b) of Pub. L. 98-181,
effective the first day of the first calendar month which begins more
than thirty days after Nov. 30, 1983.
1986 -- Pub. L. 99-439 struck out ''(except services for which the
charge is based on the amount of time the service is used)'' after
''Senator's State''.
1985 -- Pub. L. 99-65 inserted ''and in such Senator's State (except
services for which the charge is based on the amount of time the service
is used)''.
Amendment by Pub. L. 99-65 effective on first day of first calendar
month beginning more than 60 days after July 12, 1985, see section 2 of
Pub. L. 99-65, set out as a note under section 58 of this title.
02 USC 58a-1. Payment for telecommunications equipment and services;
definitions
TITLE 2 -- THE CONGRESS
As used in sections 58a-1 to 58a-3 of this title, the term --
(1) ''Sergeant at Arms'' means the Sergeant at Arms and Doorkeeper of
the United States Senate; and
(2) ''user'' means any Senator, Officer of the Senate, Committee,
office, or entity provided telephone equipment and services by the
Sergeant at Arms.
(Pub. L. 100-123, 1, Oct. 5, 1987, 101 Stat. 794.)
Section 4 of Pub. L. 100-123 provided that: ''This Act (enacting
this section and sections 58a-2 and 58a-3 of this title) shall take
effect on October 1, 1987.''
02 USC 58a-2. Certification of telecommunications equipment and
services as official
TITLE 2 -- THE CONGRESS
(a) Regulations issued by Committee on Rules and Administration
Subject to such regulations as may hereafter be issued by the
Committee on Rules and Administration of the Senate, the Sergeant at
Arms shall have the authority, with respect to telephone equipment and
services provided to any user on a reimbursable basis (including repair
or replacement), solely for the purposes of this section, to make such
certification as may be necessary to establish such services and
equipment as official, issue invoices in conjunction therewith, and
receive payment for such services and equipment by certification,
voucher, or otherwise.
(b) Equipment and services provided on reimbursable basis
For purposes of sections 58a-1 to 58a-3 of this title, telephone
equipment and services provided to any user for which payment, prior to
October 1, 1987, was not authorized from the contingent fund of the
Senate shall, on and after October 1, 1987, be considered telephone
equipment and services provided on a reimbursable basis for which
payment may be obtained from such fund in accordance with subsection (a)
of this section.
(c) Establishment of reasonable charges
Subject to the approval of the Committee on Rules and Administration,
the Sergeant at Arms may establish reasonable charges for telephone
equipment and services provided to any user which may be in addition to
that regularly authorized by the Committee.
(d) Disposition of moneys received
All moneys, derived from payments for telephone equipment and
services provided from funds from the Appropriation Account within the
contingent fund of the Senate for ''Contingent Expenses, Sergeant at
Arms and Doorkeeper of the Senate'' under the line item for
Telecommunications (including receipts from carriers and others for loss
or damage to such services or equipment for which repair or replacement
has been provided by the Sergeant at Arms), and all other moneys
received by the Sergeant at Arms as charges or commissions for telephone
services, shall be deposited in and made a part of such Appropriation
Account and under such line item, and shall be available for expenditure
or obligation, or both, in like manner and subject to the same
limitations as any other moneys in such account and under such line
item.
(e) Committee authority to classify or reclassify equipment and
services
Nothing in sections 58a-1 to 58a-3 of this title shall be construed
as limiting or otherwise affecting the authority of the Committee on
Rules and Administration of the Senate to classify or reclassify
telephone equipment and services provided to any user as equipment or
services for which reimbursement may or may not be required.
(Pub. L. 100-123, 2, Oct. 5, 1987, 101 Stat. 794; Pub. L. 101-163,
title I, 3, Nov. 21, 1989, 103 Stat. 1044.)
1989 -- Subsec. (d). Pub. L. 101-163 inserted ''and all other moneys
received by the Sergeant at Arms as charges or commissions for telephone
services,'' after ''by the Sergeant at Arms),''.
Section effective Oct. 1, 1987, see section 4 of Pub. L. 100-123,
set out as a note under section 58a-1 of this title.
02 USC 58a-3. Report on telecommunications to Committee on Rules and
Administration
TITLE 2 -- THE CONGRESS
The Sergeant at Arms shall report to the Committee on Rules and
Administration of the Senate, at such time or times, and in such form
and manner, as the Committee may direct, on expenditures made, and
revenues received, pursuant to sections 58a-1 to 58a-3 of this title.
It shall be the function of the Sergeant at Arms to advise the
Committee, as soon as possible, of any dispute regarding payments to and
from such Appropriation Account as related to the line item for
Telecommunications, including any amounts due and unpaid by any user, if
any such dispute has remained unresolved for a period of at least 60
days.
(Pub. L. 100-123, 3, Oct. 5, 1987, 101 Stat. 795.)
Section effective Oct. 1, 1987, see section 4 of Pub. L. 100-123,
set out as a note under section 58a-1 of this title.
02 USC 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
TITLE 2 -- THE CONGRESS
(a) As used in this section, the term --
(1) ''Sergeant at Arms'' means the Sergeant at Arms and Doorkeeper of
the United States Senate; and
(2) ''user'' means any Senator, Officer of the Senate, Committee,
office, or entity provided copiers by the Sergeant at Arms.
(b)(1) Subject to such regulations as may on and after November 5,
1990, be issued by the Committee on Rules and Administration of the
Senate, the Sergeant at Arms shall have the authority, with respect to
metered charges on copying equipment provided by the Sergeant at Arms,
solely for the purposes of this section, to make such certification as
may be necessary to establish such services and equipment as official,
issue invoices in conjunction therewith, and receive payment for such
services and equipment by certification, voucher, or otherwise.
(2) All moneys, derived from the payment of metered charges on
copying equipment provided from funds from the Appropriation Account
within the contingent fund of the Senate for ''Contingent Expenses,
Sergeant at Arms and Doorkeeper of the Senate'' under the line item for
the Service Department, shall be deposited in and made a part of such
Appropriation Account and under such line item, and shall be available
for expenditure or obligation, or both, in like manner and subject to
the same limitations as any other moneys in such account and under such
line item.
(Pub. L. 101-520, title I, 4(a), (b), Nov. 5, 1990, 104 Stat. 2257.)
This section, referred to in text, means section 4 of Pub. L.
101-520, which enacted this section, amended section 58 of this title,
and enacted provisions set out as a note under section 58 of this title.
Section is from the Congressional Operations Appropriations Act,
1991, which is title I of the Legislative Branch Appropriations Act,
1991.
Section effective Oct. 1, 1990, see section 4(d) of Pub. L.
101-520, set out as an Effective Date of 1990 Amendment note under
section 58 of this title.
02 USC 58b. Repealed. Pub. L. 100-137, 2, Oct. 21, 1987, 101 Stat.
819
TITLE 2 -- THE CONGRESS
Section, Pub. L. 97-12, title I, 110, June 5, 1981, 95 Stat. 62;
Pub. L. 97-51, 125, Oct. 1, 1981, 95 Stat. 965; Pub. L. 98-367, title
I, 11(a), July 17, 1984, 98 Stat. 476; Pub. L. 99-349, title I, 2(a),
(b), July 2, 1986, 100 Stat. 741, 742, provided for transfer to a
Senator's Official Office Expense Account of that Senator's clerk hire
allowance funds remaining at end of fiscal year. See section 58c of
this title.
Section 2 of Pub. L. 100-137 provided that the repeal is effective
Jan. 1, 1988.
02 USC 58c. Senators' Official Personnel and Office Expense Account
TITLE 2 -- THE CONGRESS
(1) Effective January 1, 1988, there shall be, within the contingent
fund of the Senate, a separate appropriation account to be known as the
''Senators' Official Personnel and Office Expense Account'' (hereinafter
in this section referred to as the ''Senators' Account'').
(2) The Senators' Account shall be used for the funding of all items,
activities, and expenses which, immediately prior to January 1, 1988,
were funded under either (A) the Senate appropriation account for
''Administrative, Clerical, and Legislative Assistance Allowance to
Senators'' (hereinafter in this section referred to as the ''Senators'
Clerk Hire Allowance Account'') under the headings ''SENATE'' and
''Salaries, Officers and Employees'', or (B) that part of the account,
within the contingent fund of the Senate, for ''Miscellaneous Items''
(hereinafter in this section referred to as the ''Senators' Official
Office Expense Account'') which is available for allocation to
Senatorial Official Office Expense Accounts. In addition, the Senators'
Account shall be used for the funding of agency contributions payable
with respect to compensation payable by such account, but moneys
appropriated to such account for this purpose shall not be available for
any other purpose. The account, which in clause (A) of the first
sentence of this paragraph is identified as the ''Senators' Clerk Hire
Allowance Account'' and the account, which in clause (B) of such
sentence is identified as the ''Senators' Official Office Expense
Account'' shall, when referred to in other law, rule, regulation, or
order (whether referred to by such name or any other) shall on and after
January 1, 1988, be deemed to refer to the ''Senators' Official
Personnel and Office Expense Account''.
(3)(A) Effective on January 1, 1988, there shall be transferred to
the Senators' Account from the Senators' Clerk Hire Allowance Account
all funds therein which were available for expenditure or obligation
during the fiscal year ending September 30, 1988, and from the Senators'
Official Office Expense Account so much of the funds therein as was
available for expenditure or obligation for the period commencing
January 1, 1988, and ending September 30, 1988; except that the
Senators' Official Office Expense Account shall remain in being solely
for the purpose of being available to pay for any authorized item,
activity, or expense, for which funds therein had been obligated, but
not paid, prior to such transfer.
(B) Any of the funds transferred to the Senators' Account from the
Senators' Clerk Hire Allowance Account pursuant to subparagraph (A)
which, prior to such transfer, had been obligated, but not expended, for
any authorized item, activity, or expense, shall be available to pay for
such item, activity, or expense in like manner as if such transfer had
not been made.
(4) On January 1, 1988, there shall be transferred to the Senators'
Account, from the appropriation account for ''Agency Contributions'',
under the headings ''SENATE'' and ''Salaries, Officers and Employees'',
so much of the moneys in such account as was appropriated for the
purpose of making agency contributions for administrative, clerical, and
legislative assistance to Senators with respect to compensation payable
for the period commencing January 1, 1988, and ending September 30,
1988; and the moneys so transferred shall be available only for the
payment of such agency contributions with respect to such compensation.
(5) Vouchers shall not be required for the disbursement, from the
Senators' Account, of salaries of employees in the office of a Senator.
(Pub. L. 100-137, 1(a), Oct. 21, 1987, 101 Stat. 814.)
This section, referred to in pars. (1) and (2), means section 1 of
Pub. L. 100-137, Oct. 21, 1987, 101 Stat. 814, which enacted this
section, amended sections 58 and 61-1 of this title, and enacted
provisions set out as notes under sections 58 and 61-1 of this title.
02 USC 58c-1. Transfer of funds by Members of Senate from Senate
Official Mail Costs Account to Senator's Official Personnel and Office
Expense Account; writing respecting transfer to Financial Clerk of
Senate; available amount and uses
TITLE 2 -- THE CONGRESS
Each Member of the Senate may, subject to the approval of the
Committee on Appropriations of the Senate and the Committee on Rules and
Administration of the Senate, during the fiscal year ending September
30, 1991, and each fiscal year thereafter, at his or her election,
transfer a sum not to exceed the lesser of $100,000 or 50 percent of the
amount allocated to such Member for mass mail by the Senate Committee on
Rules and Administration from the Senate Official Mail Costs account,
within the contingent fund of the Senate, to the Senator's Official
Personnel and Office Expense Account, within the contingent fund of the
Senate. Any transfer of funds under authority of the preceding sentence
shall be made at such time or times as such Member shall specify in
writing to the Financial Clerk of the Senate. Any funds so transferred
by the Member shall be available for the expenditure by such Member in a
like manner and for the same purposes as are other moneys which are
available for expenditure by such Member from the Senators' Official
Personnel and Office Expense Account.
(Pub. L. 101-520, title I, 12, Nov. 5, 1990, 104 Stat. 2260.)
Section is from the Congressional Operations Appropriations Act,
1991, which is title I of the Legislative Branch Appropriations Act,
1991.
02 USC 59. Home State office space for Senators; lease of office space
TITLE 2 -- THE CONGRESS
(a) Procurement by Sergeant at Arms of Senate in places designated by
Senator; places subject to use; lease of office space
(1) The Sergeant at Arms of the Senate shall secure for each Senator
office space suitable for the Senator's official use in places
designated by the Senator in the State he represents. That space shall
be secured in post offices or other Federal buildings at such places.
In the event suitable office space is not available in post offices or
other Federal buildings, the Sergeant at Arms shall secure other office
space in those places.
(2) The Senator may lease, on behalf of the United States Senate, the
office space so secured for a term not extending beyond the term of
office which he is serving on the first day of such lease, except that,
in the case of a Senator whose term of office is expiring and who has
been elected for another term, such lease may extend until the end of
the term for which he has been so elected. Each such lease shall
contain a provision permitting its cancellation upon sixty days written
notice by the Sergeant at Arms and Doorkeeper of the Senate, in the
event of the death or resignation of the Senator. A copy of each such
lease shall be furnished to the Sergeant at Arms. Nothing in this
paragraph shall be construed to require the Sergeant at Arms to enter
into or execute any lease for or on behalf of a Senator.
(b) Maximum amount of aggregate square feet for each Senator
The aggregate square feet of office space secured for Senator shall
not at any time exceed --
(1) 4,800 square feet if the population of his State is less than
2,000,000;
(2) 5,000 square feet if such population is 2,000,000 but less than
3,000,000;
(3) 5,200 square feet if such population is 3,000,000 but less than
4,000,000;
(4) 5,400 square feet if such population is 4,000,000 but less than
5,000,000;
(5) 5,800 square feet if such population is 5,000,000 but less than
7,000,000;
(6) 6,200 square feet if such population is 7,000,000 but less than
9,000,000;
(7) 6,400 square feet if such population is 9,000,000 but less than
10,000,000;
(8) 6,600 square feet if such population is 10,000,000 but less than
11,000,000;
(9) 6,800 square feet if such population is 11,000,000 but less than
12,000,000;
(10) 7,000 square feet if such population is 12,000,000 but less than
13,000,000;
(11) 7,400 square feet if such population is 13,000,000 but less than
15,000,000;
(12) 7,800 square feet if such population is 15,000,000 but less than
17,000,000; or
(13) 8,000 square feet if such population is 17,000,000 or more.
(c) Maximum annual rental rate; maximum aggregate amount for
acquisition of furniture, equipment, and other office furnishings
(1) The maximum annual rate that may be paid for the rental of an
office secured for a Senator not in a post office or other Federal
building shall not exceed the highest rate per square foot charged
Federal agencies on the first day of the lease of such office by the
Administrator of General Services, based upon a 100 percent building
quality rating, for office space located in the place in which the
Senator's office is located, multiplied by the number of square feet
contained in that office used by the Senator and his employees to
perform their duties.
(2) The aggregate amount that may be paid for the acquisition of
furniture, equipment, and other office furnishings heretofore provided
by the Administrator of General Services for one or more offices secured
for the Senator is $30,000 if the aggregate square feet of office space
is not in excess of 4,800 square feet. Such amount is increased by $734
for each authorized additional incremental increase in office space of
200 square feet.
(d) Senators subject to maximum amount of aggregate square feet and
maximum annual rental rate
(1) Notwithstanding subsection (b) of this section, the aggregate
square feet of office space secured for a Senator who is a Senator on
July 1, 1974, shall not at any time exceed, as long as he continuously
serves as a Senator, the greater of --
(A) the applicable square footage limitation of such subsection; or
(B) the total square footage of those offices that the Senator has on
such date and which are continuously maintained in the same buildings in
which such offices were located on such date.
(2) The provisions of subsection (c) of this section do not apply to
any office that a Senator has on July 1, 1974, not in a post office or
other Federal building, as long as --
(A) that Senator continuously serves as a Senator; and
(B) that office is maintained in the same building in which it was
located on such date and contains not more than the same number of
square feet it contained in such date.
(e) Omitted
(f) Mobile office
(1) Subject to the provisions of paragraphs (2), (3), (4), and (5), a
Senator may lease one mobile office for use only in the State he
represents and the contingent fund of the Senate is available for the
rental payments (including by way of reimbursement) made under such
lease together with the actual nonpersonnel cost of operating such
mobile office. The term of any such lease shall not exceed one year. A
copy of each such lease shall be furnished to the Sergeant at Arms of
the Senate.
(2) The maximum aggregate annual rental payments and operating costs
(except furniture, equipment, and furnishings) that may be paid to a
Senator under paragraph (1) shall not at any time exceed an amount
determined by multiplying (A) the highest applicable rate per square
foot charged Federal agencies by the Administrator of General Services
in the State which that Senator represents, based upon a 100 percent
building quality rating, by (B) the maximum aggregate square feet of
office space to which that Senator is entitled under subsection (b) of
this section reduced by the number of square feet contained in offices
secured for that Senator under subsection (a) of this section and used
by that Senator and his employees to perform their duties.
(3) No payment shall be made under paragraph (1) for rental payments
and operating costs of a mobile office of a Senator unless the following
provisions are included in its lease:
(A) Liability insurance in the amount of $1,000,000 shall be provided
with respect to the operation and use of such mobile office.
(B) Either of the following inscriptions shall be clearly visible on
three sides of such mobile office in letters not less than three inches
high:
(4) No payment shall be made under paragraph (1) for rental payments
and operating costs of a mobile office of a Senator which are
attributable to or incurred during the 60-day period ending with the
date of any primary or general election (whether regular, special, or
runoff) in which that Senator is a candidate for public office, unless
his candidacy in such election is uncontested.
(5) Payment under paragraph (1) shall be made on a monthly basis and
shall be paid upon vouchers approved by the Sergeant at Arms of the
Senate.
(g) Effective date
This section is effective on and after July 1, 1974.
(Pub. L. 93-371, 3, Aug. 13, 1974, 88 Stat. 428; Pub. L. 94-32,
title I, 4, June 12, 1975, 89 Stat. 183; Pub. L. 94-59, title I,
106(a), 107, July 25, 1975, 89 Stat. 276; Pub. L. 95-26, title I,
105, May 4, 1977, 91 Stat. 83; Pub. L. 95-94, title I, 112(d), Aug. 5,
1977, 91 Stat. 664; Pub. L. 96-304, title I, 109, July 8, 1980, 94
Stat. 890; Pub. L. 99-88, title I, 194, Aug. 15, 1985, 99 Stat. 349;
Pub. L. 102-27, title II, Apr. 10, 1991, 105 Stat. 144; Pub. L.
102-90, title I, 7(b), Aug. 14, 1991, 105 Stat. 451.)
Section is comprised of section 3 of Pub. L. 93-371. Subsec. (e) of
section 3 of Pub. L. 93-371 amended section 58 of this title.
1991 -- Subsec. (f)(1). Pub. L. 102-90, 7(b)(1), substituted ''the
contingent fund of the Senate is available for the rental payments
(including by way of reimbursement)'' for ''shall be reimbursed from the
contingent fund of the Senate for the rental payments''.
Subsec. (f)(2). Pub. L. 102-90, 7(b)(2), substituted ''paid'' for
''reimbursed''.
Subsec. (f)(3). Pub. L. 102-90, 7(b)(3), substituted ''payment'' for
''reimbursement''.
Subsec. (f)(3)(B). Pub. L. 102-27 added subpar. (B) and struck out
former subpar. (B) which read as follows: ''The following inscription
shall be clearly visible on three sides of such mobile office in letters
not less than four inches high:
'''Mobile Office of Senator (name of Senator)
'''FOR OFFICIAL OFFICE USE ONLY'.''
Subsec. (f)(4). Pub. L. 102-90, 7(b)(4), substituted ''payment'' for
''reimbursement''.
Subsec. (f)(5). Pub. L. 102-90, 7(b)(5), substituted ''Payment'' for
''Reimbursement''.
1985 -- Subsec. (c)(2). Pub. L. 99-88 substituted ''$30,000'' for
''$22,550'' and ''$734'' for ''$550''.
1980 -- Subsec. (a)(2). Pub. L. 96-304, 109(1), substituted
provision limiting term of a lease of office space to a term not
extending beyond the term of office which Senator is serving on first
day of such lease, except in case of a Senator whose term is expiring
and who has been elected to another term, to end of term for which he
has been so elected, for provision limiting term of a lease of office
space to a term of not to exceed one year and inserted provision
requiring each lease to contain a provision permitting cancellation upon
sixty days written notification by Sergeant at Arms and Doorkeeper of
Senate, in event of death or resignation of Senator.
Subsec. (c). Pub. L. 96-304, 109(2), substituted ''shall not exceed
the highest rate per square foot charged Federal agencies on the first
day of the lease of such office'' for ''shall not at any time exceed the
applicable rate per square foot charged Federal agencies''.
1977 -- Subsec. (c)(2). Pub. L. 95-94 substituted ''$22,550'' for
''$20,500'' and ''$550'' for ''$500''.
Subsec. (f)(5). Pub. L. 95-26 substituted ''monthly'' for
''quarterly''.
1975 -- Subsec. (a). Pub. L. 94-59, 107, designated existing
provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 94-59, 106(a), designated existing provisions as
par. (1) and added par. (2).
Subsecs. (f), (g). Pub. L. 94-32 added subsec. (f) and redesignated
former subsec. (f) as (g).
Amendment by Pub. L. 102-90 effective Oct. 1, 1991, see section 7(
c) of Pub. L. 102-90, set out as a note under section 58 of this title.
Section 109 of Pub. L. 96-304 provided that the amendment made by
that section is effective Jan. 1, 1980.
Amendment by Pub. L. 95-94 effective Aug. 5, 1977, see section
112(f) of Pub. L. 95-94, set out as a note under section 58 of this
title.
Section 106(b) of Pub. L. 94-59 provided that: ''The amendment made
by subsection (a) of this section (amending this section) is effective
on and after July 1, 1975.''
02 USC 59a. Repealed. Pub. L. 101-163, title I, 103(b), Nov. 21, 1989,
103 Stat. 1050
TITLE 2 -- THE CONGRESS
Section, Pub. L. 93-462, 1, Oct. 20, 1974, 88 Stat. 1388, related
to purchase of office equipment or furnishings by House Members.
Repeal effective Oct. 1, 1989, see section 103(c) of Pub. L.
101-163, set out as an Effective Date of 1989 Amendment note under
section 117e of this title.
02 USC 59b. Purchase of office equipment or furnishings by Senators
TITLE 2 -- THE CONGRESS
(a) Authorization; conditions
Notwithstanding any other provision of law, a United States Senator
may purchase, upon leaving office or otherwise ceasing to be a Senator
(except by expulsion), any item or items of office equipment or office
furnishings provided by the General Services Administration and then
currently located and in use in an office of such Senator in the State
then represented by such Senator.
(b) Request by Senator and arrangement for purchase by Sergeant at
Arms of Senate; regulations governing purchase; price
At the request of any United States Senator, the Sergeant at Arms of
the Senate shall arrange for and make the purchase of equipment and
furnishings under subsection (a) of this section on behalf of such
Senator. Each such purchase shall be --
(1) in accordance with regulations which shall be prescribed by the
Committee on Rules and Administration of the Senate, after consultation
with the General Services Administration; and
(2) at a price equal to the acquisition cost to the Federal
Government of the equipment or furnishings so purchased, less allowance
for depreciation determined under such regulations, but in no instance
less than the fair market value of such items.
(c) Remittance of amounts received to General Services
Administration; disposition
Amounts received by the Federal Government from the sale of items of
office equipment or office furnishings under this section shall be
remitted to the General Services Administration and credited to the
appropriate account or accounts.
(Pub. L. 93-462, 2, Oct. 20, 1974, 88 Stat. 1388.)
02 USC 59c. Transferred
TITLE 2 -- THE CONGRESS
Section, Pub. L. 95-94, title I, 103, Aug. 5, 1977, 91 Stat. 660;
Pub. L. 97-51, 118, Oct. 1, 1981, 95 Stat. 964, which related to
disposal of used or surplus furniture and equipment by Sergeant at Arms
and Doorkeeper of Senate, and procedure with respect to deposit of
receipts from sale of such furniture and equipment, was transferred to
section 117b of this title.
02 USC 59d. Transportation of official records and papers to House
Member's district
TITLE 2 -- THE CONGRESS
(a) Payment of reasonable expenses from contingent fund of House;
rules and regulations
Effective August 16, 1978, notwithstanding any provision of law and
until otherwise provided by law, the contingent fund of the House shall
be available to pay the reasonable expenses of sending or transporting
the official records and papers of any Member of the House of
Representatives from the District of Columbia to any location designated
by such Member in the district represented by the Member.
The Clerk of the House of Representatives is authorized and directed
to provide for the most economical means of sending or transporting such
documents to insure the orderly and timely delivery to the specified
location. The Committee on House Administration shall have the
authority to issue rules and regulations to carry out the provisions of
this section.
(b) ''Member'' and ''official records and papers'' defined
As used in this section --
(1) the term ''Member'' means a Representative, a Resident
Commissioner in the House, and a Delegate to the House; and
(2) the term ''official records and papers'' means books, records,
papers, and official files which could be sent as franked mail.
(Pub. L. 98-51, title I, 111(1), July 14, 1983, 97 Stat. 269.)
In subsec. (a), ''August 16, 1978'' substituted for ''upon the date
of adoption of this resolution'' meaning the date of adoption of House
Resolution No. 1297, which was agreed to Aug. 16, 1978.
Section is based on House Resolution No. 1297, Ninety-fifth
Congress, Aug. 16, 1978, which was enacted into permanent law by Pub.
L. 98-51.
Sections 1 and 2 of House Resolution No. 1297 were redesignated
subsecs. (a) and (b) of this section, respectively, for purposes of
codification.
02 USC 59e. Official mail of persons entitled to use congressional
frank
TITLE 2 -- THE CONGRESS
(a) Congressional committee regulations for expenditure of
appropriations for official mail
Except as otherwise provided in this section, funds appropriated by
this Act or any other Act for expenses of official mail of any person
entitled to use the congressional frank may be expended only in
accordance with regulations prescribed by the Committee on Rules and
Administration of the Senate or the Committee on House Administration of
the House of Representatives, as applicable. Such regulations shall
require --
(1) individual accountability for use of official mail by each person
entitled to use the congressional frank;
(2)(A) with respect to the House of Representatives, allocation of
funds for official mail to be made to each such person with respect to
each session of Congress (with no transfer to any other session or to
any other such person); and
(B) with respect to the Senate, allocation of funds for official mail
to be made to each such person with respect to each session of Congress
(with no transfer to any other session, other than transfers from the
first session of a Congress to the second session of that Congress, or
to any other such person); and
(3) with respect to the House of Representatives, that in addition to
any other report or information made available to the public (through
the House Commission on Congressional Mailing Standards or otherwise)
regarding the use of the frank, the Clerk of the House of
Representatives shall include in the quarterly report of receipts and
expenditures submitted to the House of Representatives a statement
(based solely on data provided for that purpose by the Committee on
House Administration of the House of Representatives and the House
Commission on Congressional Mailing Standards) of costs charged against
the Official Mail Allowance for each person entitled to use the
congressional frank.
(b) Postmaster General functions
The Postmaster General, in consultation with the Committee on Rules
and Administration of the Senate and the Committee on House
Administration of the House of Representatives --
(1) shall monitor use of official mail by each person entitled to use
the congressional frank;
(2) at least monthly, shall notify any person with an allocation
under subsection (a)(2) of this section as to the percentage of the
allocation that has been used; and
(3) may not carry or deliver official mail the cost of which is in
excess of an allocation under subsection (a)(2) of this section.
(c) Source of funds for expenses of official mail
Expenses of official mail of the Senate and the House of
Representatives may be paid only from funds specifically appropriated
for that purpose and funds so appropriated --
(1) may be supplemented by other appropriated funds only if such
supplementation is provided for by law or by regulation under subsection
(a) of this section; and
(2) may not be supplemented by funds from any other source, public or
private.
(d) Maintenance or use of unofficial office accounts or defrayal of
official expenses from certain funds prohibited
No Senator or Member of the House of Representatives may maintain or
use, directly or indirectly, an unofficial office account or defray
official expenses from --
(1) funds received from a political committee or derived from a
contribution or expenditure (as such terms are defined in section 431 of
this title);
(2) funds received as reimbursement for expenses incurred by the
Senator or Member in connection with personal services provided by the
Senator or Member to the person making the reimbursement; or
(3) any other funds that are not specifically appropriated for
official expenses.
(e) Official Mail Allowance in House of Representatives
(1) There is established in the House of Representatives an Official
Mail Allowance for Members, officers, and employees of the House of
Representatives who are persons entitled to use the congressional frank.
Regulations for use of the Official Mail Allowance shall be prescribed
--
(A) by the Committee on House Administration of the House of
Representatives, with respect to allocation and expenditures relating to
the Allowance; and
(B) by the House Commission on Congressional Mailing Standards, with
respect to matters under section 3210(a)(6)(D) of title 39.
(2) The Official Mail Allowance --
(A) shall be available only for postage for franked mail sent at a
first class, third class, or fourth class rate;
(B) with respect to a Member of the House of Representatives, shall
be available, in a session of Congress, in a total amount, as determined
under paragraph (1)(A), of not more than the product of (i) 3 times the
single-piece rate applicable to first class mail, and (ii) the number
(as determined by the Postmaster General) of addresses (other than
business possible delivery stops) in the congressional district, as such
addresses are described in section 3210(d)(7)(B) of title 39;
(C) with respect to any other person entitled to use the
congressional frank in the House of Representatives (including any
Member of the House of Representatives who receives an allocation under
subsection (a)(2) of this section with respect to duties as an elected
officer of, or holder of another position in, the House of
Representatives), shall be available, in a session of Congress, in a
total amount determined under paragraph (1)(A); and
(D) shall not be available for payment of any nonpostage fee or
charge, including any fee or charge for express mail, express mail drop
shipment, certified mail, registered mail, return receipt, address
correction, or postal insurance.
(3)(A) Subject to subparagraph (B), each Member of the House of
Representatives may transfer amounts from the Official Expenses
Allowance and the Clerk Hire Allowance of the Member to the Official
Mail Allowance of the Member.
(B) The total amount a Member may so transfer with respect to a
session of Congress may not exceed $25,000.
(4) The Official Expenses Allowance shall be available to a Member of
the House of Representatives for the payment of nonpostage fees and
charges referred to in paragraph (2)(D) and for postage for mail for
official business sent outside the United States.
(f) Mass mailing; submission of samples or description of proposed
mail matter; advisory opinion
A Member of the House of Representatives shall, before making any
mass mailing, submit a sample or description of the mail matter involved
to the House Commission on Congressional Mailing Standards for an
advisory opinion as to whether such proposed mailing is in compliance
with applicable provisions of law, rule, or regulation.
(g) ''Member of the House of Representatives'' and ''person entitled
to use the congressional frank'' defined
As used in subsections (a) through (f) of this section --
(1) the term ''Member of the House of Representatives'' means a
Representative in, or a Delegate or Resident Commissioner to, the
Congress; and
(2) the term ''person entitled to use the congressional frank'' means
a Senator, Member of the House of Representatives, or other person
authorized to use the frank under section 3210(b) of title 39.
(h) Omitted
(i) Effective date
This section and the amendments made by this section shall apply with
respect to sessions of Congress beginning with the first session of the
One Hundred Second Congress, except that, with respect to the Senate,
subsection (d) of this section shall apply beginning on May 1, 1992, and
the funds referred to in paragraph (3) of such subsection shall not
include personal funds of a Senator or Member of the House of
Representatives.
(Pub. L. 101-520, title III, 311, Nov. 5, 1990, 104 Stat. 2278; Pub.
L. 102-229, title II, 211, Dec. 12, 1991, 105 Stat. 1718.)
The amendments made by this section, referred to in subsec. (i),
means the amendments made by section 311(h) of Pub. L. 101-520, which
amended section 58 of this title and sections 3210 and 3216 of Title 39,
Postal Service, and amended provisions set out as notes under sections
3210 and 3216 of Title 39.
Section is from the Legislative Branch Appropriations Act, 1991.
Subsec. (h) of this section made the amendments specified in the
References in Text note above.
1991 -- Subsec. (i). Pub. L. 102-229 substituted ''beginning on May
1, 1992,'' for ''with respect to sessions of Congress beginning with the
second session of the One Hundred Second Congress,''.
02 USC 59f. Mass mailings by Senate offices; quarterly statements;
publication of summary tabulations
TITLE 2 -- THE CONGRESS
Two weeks after the close of each calendar quarter, or as soon as
practicable thereafter, the Sergeant at Arms and Doorkeeper of the
Senate shall send to each Senate office a statement of the cost of
postage and paper and of the other operating expenses incurred as a
result of mass mailings processed for such Senate office during such
quarter. The statement shall separately identify the cost of postage
and paper and other costs, and shall distinguish the costs attributable
to newsletters and all other mass mailings. The statement shall also
include the total cost per capita in the State. A compilation of all
such statements shall be sent to the Senate Committee on Rules and
Administration. A summary tabulation of such information shall be
published quarterly in the Congressional Record and included in the
semiannual report of the Secretary of the Senate. Such summary
tabulation shall set forth for each Senate office the following
information: the Senate office's name, the total number of pieces of
mass mail mailed during the quarter, the total cost of such mail, and,
in the case of Senators, the cost of such mail divided by the total
population of the State from which the Senator was elected, and the
total number of pieces of mass mail divided by the total population of
the State from which the Senator was elected.
(Pub. L. 101-520, title III, 318, Nov. 5, 1990, 104 Stat. 2283.)
Section is from the Legislative Branch Appropriations Act, 1991.
02 USC 59g. Mass mailing of information by Senators under frank;
quarterly registration with Secretary of Senate
TITLE 2 -- THE CONGRESS
In fiscal year 1991 and thereafter, when a Senator disseminates
information under the frank by a mass mailing (as defined in section
3210(a)(6)(E) of title 39), the Senator shall register quarterly with
the Secretary of the Senate such mass mailings. Such registration shall
be made by filing with the Secretary a copy of the matter mailed and
providing, on a form supplied by the Secretary, a description of the
group or groups of persons to whom the mass mailing was mailed and the
number of pieces mailed.
(Pub. L. 101-520, title III, 320, Nov. 5, 1990, 104 Stat. 2285.)
Section is from the Legislative Branch Appropriations Act, 1991.
02 USC
TITLE 2 -- THE CONGRESS
02 USC CHAPTER 4 -- OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF
REPRESENTATIVES
TITLE 2 -- THE CONGRESS
Sec.
60. Repealed.
60-1. Authority of officers of Congress over Congressional
employees.
(a) Qualifications determinations; removal and discipline.
(b) ''Officer of the Congress'' defined.
60-2. Amendment to Senate conflict of interest rule.
60a. Omitted.
60a-1. Senate pay adjustments; action by President pro tempore of
Senate.
60a-1a. Rates of compensation paid by Secretary of Senate;
applicability of Senate pay adjustments by President pro tempore of
Senate.
60a-1b. Senate pay adjustments; action by President pro tempore of
Senate.
60a-2. House of Representatives pay adjustments; action by Clerk of
House.
60a-2a. Rates of compensation disbursed by Clerk of House;
adjustments by Speaker; ''Member of the House of Representatives''
defined.
60b, 60c. Omitted.
60c-1. Vice President, Senators, officers, and employees paid by
Secretary of Senate; payment of salary; advance payment.
60c-2. Repealed.
60c-2a. Banking and financial transactions of Secretary of Senate.
(a) Reimbursement of banks for costs of clearing items for Senate.
(b) Check cashing regulations for Disbursing Office of Senate.
(c) Amounts withheld from disbursements for employee indebtedness.
60c-3. Withholding and remittance of State income tax by Secretary
of Senate.
(a) Agreement by Secretary with appropriate State official; covered
individuals.
(b) Number of remittances authorized.
(c) Requests by individuals of Secretary for withholding and
remittance; amount of withholding; number and effective date of
requests; change of designated State; revocation of request; rules
and regulations.
(d) Time or times of agreements by Secretary.
(e) Provisions as not imposing duty, burden, requirement or penalty
on United States, Senate, or any officer or employee of United States;
effect of filing paper, form, or document with Secretary.
(f) ''State'' defined.
60c-4. Withholding of charitable contributions from salaries paid by
Secretary of Senate and from employees of Architect of Capitol.
(a) Definitions.
(b) Notice; deduction and transmission.
(c) Time of withholding and transmission.
(d) Amount.
(e) Provisions as not imposing duty, burden, requirement or penalty
on United States, Senate, or any officer or employee of United States;
effect of filing paper.
(f) Rules and regulations.
60d. Officers and employees paid by Clerk of House; payment of
December salary.
60e. Payment of salary for months other than December by Clerk of
House to officers and employees.
60e-1. Payment of salaries in or under House when payday falls on
Saturday.
60e-1a. Withholding of State income tax by Clerk and Sergeant at
Arms of House.
(a) Agreement with proper State officials; covered individuals.
(b) Number of remittances authorized.
(c) Acceptance or disapproval of proposed agreement by Committee on
House Administration.
(d) Number and effective date of requests for withholding; change of
designated State; revocation of request.
(e) Provisions as not imposing duty, burden, requirement or penalty
on United States, House, or any officer or employee of United States;
effect of filing paper, form, or document with Clerk or Sergeant at
Arms.
60e-1b. State income tax withholding; definitions.
60e-1c. Withholding of charitable contributions by Clerk of House.
(a) Authority.
(b) Time of fundraising activities.
(c) Minimum amounts withheld.
(d) Duty, burden, or requirement not imposed.
60e-1d. Withholding of charitable contributions; definitions.
60e-2. Omitted.
60e-2a. Exemption of officers and employees of Architect of Capitol
from certain Federal pay provisions.
60e-2b. Overtime compensation for certain employees of Architect of
Capitol.
60e-3 to 60g-1. Omitted or Repealed.
60g-2. Lyndon Baines Johnson congressional interns.
(a) Hiring authority of House Members, Delegates, and Resident
Commissioners; allowance for payment of compensation.
(b) Certification of intern status; filing.
(c) Regulations by Committee on House Administration.
60h, 60i. Omitted or Repealed.
60j. Longevity compensation.
(a) Eligible employees.
(b) Rate of compensation; limitation on increases; computation of
service; effective date of payment.
60j-1. Capitol Police longevity compensation.
60j-2. Longevity compensation for telephone operators on United
States telephone exchange and members of Capitol Police paid by Clerk of
House.
60j-3. Repealed.
60j-4. Longevity compensation not applicable to individuals paid by
Secretary of Senate; savings provision.
60k. Application of rights and protections of Fair Labor Standards
Act of 1938 to Congressional and Architect of Capitol employees.
(a) House employees.
(b) Architect of Capitol employees.
60l. Coverage of House of Representatives and agencies of
legislative branch.
(a) Coverage of House of Representatives.
(b) Instrumentalities of Congress.
61. Limit on rate of compensation of Senate officers and employees.
61-1. Gross rate of compensation of employees paid by Secretary of
Senate.
(a) Annual rate; certification.
(b) Conversion; increase in compensation.
(c) Reference in other provisions to basic rates and additional
compensation as reference to per annum gross rate.
(d) Compensation of employees in office of Senator; limitation;
titles of positions.
(e) Gross rate of compensation of employee of committee of Senate
employed by joint committee, select committee, or standing committee.
(f) General limitation.
(g) Conversion of compensation of Capitol telephone exchange
operators and Capitol Police paid by Clerk of House.
61-1a. Availability of appropriated funds for payment to an
individual of pay from more than one position; conditions.
61-1b. Availability of appropriations during first three months of
any fiscal year for aggregate of payments of gross compensation made to
employees from Senate appropriation account for ''Salaries, Officers and
Employees''.
61-1c. Aggregate gross compensation of employee of Senator of State
with population under 5,000,000.
61-2. Omitted.
61a. Compensation of Secretary of Senate.
61a-1, 61a-2. Omitted.
61a-3. Compensation of Assistant Secretary of Senate.
61a-4 to 61a-8. Repealed or Omitted.
61a-9. Advancement by Secretary of Senate of travel funds to
employees under his jurisdiction for Federal Election Campaign Act
travel expenses.
61a-9a. Travel expenses of Secretary of Senate; advancement of
travel funds to designated employees.
61a-10. Omitted.
61a-11. Abolition of statutory positions in Office of Secretary of
Senate; Secretary's authority to establish and fix compensation for
positions.
61b. Compensation of Parliamentarian of Senate.
61b-1 to 61b-2. Omitted.
61b-3. Professional archivist; Secretary's authority to obtain
services from General Services Administration.
61c. Omitted.
61c-1. Adjustment of rate of compensation by Secretary of Senate.
61c-2. Compensation of Assistants to Majority and Minority in Office
of Secretary of Senate.
61d. Compensation of Chaplain of Senate.
61d-1. Compensation of employees of Chaplain of Senate.
61d-2. Postage allowance for Chaplain of Senate.
61e. Compensation of Sergeant at Arms and Doorkeeper of Senate.
61e-1. Compensation of Deputy Sergeant at Arms and Doorkeeper of
Senate.
61e-2. Compensation of Administrative Assistant to Sergeant at Arms
and Doorkeeper of Senate.
61e-3. Deputy Sergeant at Arms and Doorkeeper to act on death,
resignation, disability, or absence of Sergeant at Arms and Doorkeeper
of Senate.
61e-4. Designation by Sergeant at Arms and Doorkeeper of Senate of
persons to approve vouchers for payment of moneys.
61f, 61f-1. Omitted.
61f-1a. Travel expenses of Sergeant at Arms and Doorkeeper of
Senate.
61f-2 to 61f-6. Omitted.
61f-7. Abolition of statutory positions in Office of Sergeant at
Arms and Doorkeeper of Senate; authority to establish and fix
compensation for positions.
61f-8. Use by Sergeant at Arms and Doorkeeper of Senate of
individual consultants or organizations, and department and agency
personnel.
61f-9. Employment of personnel by Sergeant at Arms and Doorkeeper of
Senate at daily rates of compensation; authorization; limitation on
amount of compensation.
61g. Compensation of Secretaries for Senate Majority and Minority.
61g-1 to 61g-3. Omitted.
61g-4. Appointment and compensation of employees by Secretary of
Conference of Majority of Senate and Secretary of Conference of Minority
of Senate.
61g-5. Appointment and compensation of employees by Secretaries of
Senate Majority and Minority; gross compensation.
61g-6. Payment of expenses of Conference of Majority and Conference
of Minority from Senate contingent fund.
61g-6a. Salaries for Conference of Majority and Conference of
Minority of Senate; transfer of funds from appropriation account.
61g-7. Services of consultants to Majority and Minority Conference
Committee of Senate.
(a) Authorization of expenditure with approval of Committee on Rules
and Administration.
(b) Procurement by contract or employment.
(c) Selection of consultant or organization by Conference Committee
chairman.
61g-8. Utilization of funds for specialized training of professional
staff for Majority and Minority Conference Committee of Senate.
61h to 61h-3. Omitted.
61h-4. Appointment of employees by Senate Majority and Minority
Leaders; compensation.
61h-5. Assistants to Senate Majority and Minority Leaders for Floor
Operations; establishment of positions; appointment; compensation.
61h-6. Appointment of consultants by President pro tempore, Majority
Leader, Minority Leader, Secretary of Senate, and Legislative Counsel of
Senate; compensation.
61h-7. Chiefs of Staff for Senate Majority and Minority Leaders;
appointment; compensation.
61i to 61j-1. Omitted.
61j-2. Compensation and appointment of employees by Senate Majority
and Minority Whips.
61k. Appointment and compensation of employees by President pro
tempore of Senate.
61l. Appointment and compensation of Administrative Assistant,
Legislative Assistant, and Executive Secretary for Deputy President pro
tempore of Senate.
62. Limitation on compensation of Sergeant at Arms and Doorkeeper of
Senate.
62a, 62b. Omitted or Transferred.
63. Duties of Doorkeeper of Senate.
64. Omitted.
64-1. Employees of Senate Disbursing Office; designation by
Secretary of Senate to administer oaths and affirmations.
64-2. Transfers of funds by Secretary of Senate; approval of
Committee on Appropriations.
64-3. Reimbursement for Capitol Police salaries paid by Senate for
service at Federal Law Enforcement Training Center.
64a. Death, resignation, or disability of Secretary and Assistant
Secretary of Senate; Financial Clerk deemed successor as disbursing
officer.
64a-1. Compensation of Financial Clerk of Senate.
64b. Death, resignation, or disability of Secretary of Senate;
Assistant Secretary of Senate to act as Secretary; written designation
of absent status.
65. Repealed.
65a. Insurance of office funds of Secretary of Senate and Sergeant
at Arms; payment of premiums.
65b. Advances to Sergeant at Arms of Senate for extraordinary
expenses.
65c. Expense allowance for Secretary of Senate, Sergeant at Arms and
Doorkeeper of Senate, and Secretaries for Senate Majority and Minority.
65d. Funds advanced by Secretary of Senate to Sergeant at Arms and
Doorkeeper of Senate to defray office expenses; accountability;
maximum amount; vouchers.
65e. Transferred.
65f. Funds for Secretary of Senate to assist in proper discharge
within United States of responsibilities to foreign parliamentary groups
or other foreign officials.
66. Repealed.
66a. Restriction on payment of dual compensation by Secretary of
Senate.
67. Clerks to Senators-elect.
67a. Employment of civilian employees of executive branch of
Government by Senate Committee on Appropriations; restoration to former
position.
68. Payments from Senate contingent fund.
68-1. Committee on Rules and Administration; designation of
employees to approve vouchers for payments from Senate contingent fund.
68-2. Appropriations for contingent expenses of Senate;
restrictions.
68-3. Separate accounts for ''Secretary of the Senate'' and for
''Sergeant at Arms and Doorkeeper of the Senate''; establishment within
Senate contingent fund; inclusion of funds in existing accounts.
68-4. Deposit of moneys for credit to account within Senate
contingent fund for ''Sergeant at Arms and Doorkeeper of the Senate''.
68-5. Purchase, lease, exchange, maintenance, and operation of
vehicles out of account for Sergeant at Arms and Doorkeeper of Senate
within contingent fund of Senate; authorization of appropriations.
68-6. Transfers from appropriations account for expenses of Office
of Secretary of Senate and Office of Sergeant at Arms and Doorkeeper of
Senate.
68-6a. Transfers from appropriations account for expenses of Office
of Sergeant at Arms and Doorkeeper of Senate.
68-7. Senate Office of Public Records Revolving Fund.
(a) Establishment.
(b) Source of moneys for deposit in Fund; availability of moneys in
Fund.
(c) Vouchers.
(d) Regulations.
(e) Transfer of moneys into Fund.
68a. Materials, supplies, and fuel payments from Senate contingent
fund.
68b. Per diem and subsistence expenses from Senate contingent fund.
68c. Computation of compensation for stenographic assistance of
committees payable from Senate contingent fund.
68d. Liquidation from appropriations of any unpaid obligations
chargeable to rescinded unexpended balances of funds.
69. Expenses of committees payable from Senate contingent fund.
69a. Orientation seminars, etc., for new Senators, Senate officials,
or members of staffs of Senators or Senate officials; payment of
expenses.
70 to 72. Omitted.
72a. Committee staffs.
(a) Appointment of professional members; number; qualifications;
termination of employment.
(b) Professional members for Committee on Appropriations;
examinations of executive agencies' operation.
(c) Clerical employees; appointment; number; duties; termination
of employment.
(d) Recordation of committee hearings, data, etc.; access to records.
(e) Repealed.
(f) Limitations on appointment of professional members.
(g) Appointments when no vacancy exists; payment from Senate
contingent fund.
(h) Salary rates, assignment of facilities, and accessibility of
committee records for minority staff appointees.
(i) Consultants for Senate and House standing committees;
procurement of temporary or intermittent services; contracts;
advertisement requirements inapplicable; selection method;
qualifications report to Congressional committees.
(j) Specialized training for professional staffs of Senate and House
standing committees, Senate Appropriations Committee, Senate Majority
and Minority Policy Committees, and joint committees whose funding is
disbursed by Secretary of Senate or Clerk of House; assistance: pay,
tuition, etc. while training; continued employment agreement; service
credit: retirement, life insurance and health insurance.
72a-1, 72a-1a. Repealed.
72a-1b. Approval of employment and compensation of committee
employees by House standing committees.
72a-1c, 72a-1d. Repealed.
72a-1e. Assistance to Senators with committee memberships by
employees in office of Senator.
(1) Designation.
(2) Certification; professional staff privileges.
(3) Termination.
72a-1f. Designation by Senator who is Chairman or Vice Chairman of
Senate Select Committee on Ethics of employee in office of that Senator
to perform part-time service for Committee; amount reimbursable;
procedure applicable.
72a-1g. Referral of ethics violations by Senate Ethics Committee to
General Accounting Office for investigation.
72a-2 to 72a-4. Omitted or Repealed.
72b. Regulations governing availability of appropriations for House
committee employees.
72b-1. Omitted.
72c. House committee reports on employed personnel; period covered;
publication.
73, 74. Omitted.
74-1. Personal services in office of Speaker; payments from House
contingent fund.
74-2. Omitted.
74a. Employment of administrative assistants for Speaker and House
majority and minority leaders; compensation; appropriations.
74a-1. Omitted.
74a-2. Per annum rate of compensation of Chief of Staff of Joint
Committee on Taxation.
74a-3. Additional employees in offices of House minority leader,
majority whip, and chief majority whip; authorization; compensation.
74a-4. Additional amounts for personnel and equipment for House
majority and minority leaders and majority and minority whips.
74a-5. Limits on uses of funds provided under section 74a-4.
74b. Employment of additional administrative assistants.
74c. Compensation of certain House minority employees.
75. Repealed.
75-1. Compensation of Clerk of House.
75a. Death, resignation, etc., of Clerk of House; accounts and
payments; liability of Clerk for acts and defaults of disbursing clerk.
75a-1. Temporary appointments in case of vacancies or incapacity of
House officers; compensation.
(a) Temporary appointments in case of vacancy or incapacity in office
of Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain of
House.
(b) Duties of temporary appointees.
(c) Compensation of temporary appointee.
75b to 75e. Omitted.
76. Duties of Doorkeeper of House.
76-1. Compensation of Doorkeeper of House.
76a, 76b. Omitted.
77. Sergeant at Arms of House; additional compensation.
77a. Compensation of Sergeant at Arms.
78. Duties of Sergeant at Arms.
79. Symbol of office of Sergeant at Arms.
80. Disbursement of compensation of House Members by Sergeant at
Arms.
80a. Deductions by Sergeant at Arms in disbursement of gratuity
appropriations.
81. Repealed.
81a. Audits and reports of fiscal records of Sergeant at Arms.
81b. Payment from House contingent fund for restoration or
adjustment of trust fund account of Sergeant at Arms.
81c. Insurance of office funds of Sergeant at Arms; payment of
premiums.
82. Repealed.
83. Tenure of office of Sergeant at Arms.
84. Statement of disbursements by Sergeant at Arms.
84-1. Compensation of Postmaster of House.
84-2. Compensation of Chaplain of House.
84-3, 84-4. Omitted.
84a. Reporters for House of Representatives.
84a-1. Official Reporter of Debates or Official Reporter to
Committees; adjustment of compensation.
84b. Disposition of receipts from sales of copies of transcripts.
85. Performance of duties by employees of House.
86. Division of salaries of employees of House.
87. Requiring or permitting employees of House to sublet duties.
88. Omitted.
88a. Education of Congressional and Supreme Court pages;
appropriations; attendance at private or parochial schools.
88b. Education of other minors who are Congressional employees.
88b-1. Congressional pages.
(a) Appointment conditions.
(b) Qualifications.
88b-2. House of Representatives Page Board; establishment and
purpose.
88b-3. Membership of Page Board.
(a) Appointed and designated members.
(b) ''Member of the House'' defined.
88b-4. Regulations of Page Board.
88b-5. Page residence hall and page meal plan.
(a) Revolving fund; establishment within House contingent fund.
(b) Deposits in revolving fund; disbursements by Clerk of House.
(c) ''Clerk'' defined.
(d) Regulations.
88b-6. Charges for lodging, meals, and related services furnished
Senate pages in page residence hall; withholding from salary.
88c. Repealed.
88c-1. Educational services and related items for pages; payment
authority pursuant to contract, etc., by Page Board.
88c-2. Academic year and summer term for page program.
88c-3. Service of page during academic year and summer term;
filling of vacancies; eligibility.
88c-4. Definitions.
89. Certificates to pay rolls of employees of House.
89a. Certification of indebtedness of employees of House;
withholding of amount.
90. Removal from office of employees of House.
91. Inquiry by Committee on House Administration.
92. Payment of appropriations for clerk hire for Members of House.
92-1. Clerk hire allowance payments; place of performance of
services.
92a. Pay of clerical assistants as affected by death of Senator or
Representative.
92b. Pay of clerical assistants as affected by death or resignation
of Member of House.
92b-1. Termination of service of Members of House.
92b-2. Authority to prescribe regulations.
92b-3. Vouchers.
92c. Performance of duties by clerical assistants of dead or
resigned Member of House.
92d. ''Member of the House'' defined.
92e to 94. Repealed or Omitted.
95. Payments from House contingent fund.
95a. Appropriations for contingent expenses of House;
restrictions.
96. Payment of certain bills from moneys of House.
97. Temporary committee on accounts of House.
98, 99. Omitted.
100. Contracts for packing boxes for House.
101. Subletting duties of employees of Senate or House.
102. Omitted.
102a. Withdrawal of unexpended balances of appropriations.
103, 104. Omitted.
104a. Semiannual statements of expenditures by Secretary of Senate
and Clerk of House.
105. Preparation and contents of statement of appropriations.
106. Stationery for Senate and House; advertisements for.
107. Opening bids for Senate and House stationery; awarding
contracts.
108. Contracts for separate parts of Senate and House stationery.
109. American goods to be preferred in purchases for Senate and
House.
110. Purchase of paper, envelopes, etc., for stationery rooms of
Senate and House.
111. Purchase of supplies for Senate and House.
111a. Receipts from sales of items by Sergeant at Arms and
Doorkeeper of Senate, to Senators, etc., to be credited to appropriation
from which purchased.
111b. Contracts to furnish property, supplies, or services to
Congress; terms varying from those offered other entities of Federal
Government.
112. Purchases of stationery and materials for folding.
112a to 112d. Repealed.
112e. Electrical and mechanical office equipment for House Members,
officers, and committees.
(a) Authority of Clerk.
(b) Registration and ownership.
(c) Payment.
(d) Rules and regulations.
113. Detailed reports of receipts and expenditures by Secretary of
Senate and Clerk of House.
114. Fees for copies from Senate and House Journals.
115. Index to House daily calendar.
116. Repealed.
117. Sale of waste paper and condemned furniture.
117a. Omitted.
117b. Disposal of used or surplus furniture and equipment by
Sergeant at Arms and Doorkeeper of Senate; procedure; deposit of
receipts.
117b-1. Receipts from sale of used or surplus furniture and
furnishings of Senate.
117c. Disposal of used or surplus automobiles and trucks by Sergeant
at Arms and Doorkeeper of Senate; procedure; deposit of receipts.
117d. Reimbursements to Sergeant at Arms and Doorkeeper of Senate
for equipment provided to Senators, etc., which has been lost, stolen,
damaged, or otherwise unaccounted for; deposit of receipts.
117e. Disposal of used or surplus furniture and equipment by Clerk
of House; procedure; deposit of receipts.
117f. Commissions and charges for public telephone or
telecommunications services; deposit of receipts.
(a) Authority of Clerk to receive commissions for providing public
telephone service in House occupied areas.
(b) Authority of Clerk to receive legislative branch charges for
provision of telephone or telecommunications services; exception.
(c) Deposit of receipts; availability for expenditure.
117g. Monies received by Attending Physician from sale of
prescription drugs or other services; deposit of receipts.
118. Actions against officers for official acts.
118a. Officers of Senate.
119. Stationery rooms of House and Senate; specification of classes
of articles purchasable.
119a, 120. Repealed or Omitted.
121. Senate restaurant deficit fund; deposit of proceeds from
surcharge on orders.
121a. Senate Barber and Beauty Shops Revolving Fund.
(a) Establishment.
(b) Deposit of moneys received; disbursements for equipment,
supplies, and expenses.
(c) Deposit as miscellaneous receipts of excess moneys in fund.
(d) Disbursements upon vouchers.
(e) Regulations.
121b. Senate Beauty Shop.
(a) Employment and compensation of personnel.
(b) Omitted.
(c) Creditable civilian service in Senate Building Beauty Shop for
basic annuity.
(d) Creditable civilian service in Senate Building Beauty Shop for
survivor annuities and disability benefits.
(e) Certification concerning creditable service; acceptance by
Office of Personnel Management.
(f) Effective date.
121c. Office of Senate Health Promotion.
(a) Establishment.
(b) Fees, assessments, and charges.
(c) Senate Health Promotion Revolving Fund.
(d) Vouchers.
(e) Inapplicability of provisions prohibiting sales, advertisements,
or solicitations in Capitol grounds.
(f) Regulations.
122. Repealed.
122a. Reimbursement of House Members for office expenses outside
District of Columbia.
122b. Leasing of office space in home districts of House Members.
122c. Determination of disbursable annual amount.
122d. Authorization by Committee on House Administration.
122e. Office equipment, carpeting, and draperies.
122f. Rules and regulations.
122g. Definitions.
123, 123a. Repealed or Omitted.
123b. House Recording Studio; Senate Recording Studio and Senate
Photographic Studio.
(a) Establishment.
(b) Assistance in making disk, film, and tape recordings;
exclusiveness of use.
(c) Operation of studios.
(d) Prices of disk, film, and tape recordings; collection of moneys.
(e) Restrictions on expenditures.
(f) Appointment of Director and other employees of House Recording
Studio.
(g) Revolving funds.
(h) Deposits in funds; availability of funds.
(i) Distribution of equity of Joint Senate and House Recording
Facility Revolving Fund; assignment of existing studio facilities,
equipment, materials and supplies; transfer of accounts; reserve fund;
distribution of balance.
(j) Availability of existing services and facilities.
(k) Restrictions on employment.
(l) Abolition of Joint Recording Facility positions and salaries.
(m) Repeals.
(n) Repealed.
(o) Authorization of appropriations.
123b-1. Senate Recording Studio and Senate Photographic Studio as
successors to Senate Recording and Photographic Studios; rules,
regulations, and fees for photographs and photographic services.
123c. Data processing equipment, software, and services.
123c-1. Advance payments for computer programing services.
123d. Senate Computer Center.
(a) Senate Computer Center Revolving Fund.
(b) Contracts for use of Senate computer; approval; terms.
(c) Additional personnel.
(d) Disbursements.
124. Arrangements for attendance at funeral of deceased House
Members; payment of funeral expenses and expenses of attending funeral
rites.
125. Gratuities for survivors of deceased House employees;
computation.
125a. Death gratuity payments as gifts.
126, 126-1. Repealed or Omitted.
126-2. Designation of reporters.
126a. Omitted.
126b. Substitute reporters of debates and expert transcribers;
temporary reporters of debates and expert transcribers; payments from
Senate contingent fund.
127. Repealed.
127a. Reimbursement of transportation expenses for employees in
office of House Member.
128 to 130. Repealed.
130-1. Participation by House in interparliamentary institutions;
reception of members of foreign legislative bodies and foreign
officials; meetings with Government officials.
130a. Nonpay status for Congressional employees studying under
Congressional staff fellowships.
130b. Jury and witness service by Senate and House employees.
(a) Definitions.
(b) Service as juror or witness in connection with a judicial
proceeding; prohibition against reduction of pay.
(c) Official duty.
(d) Prohibition on receipt of jury or witness fees.
(e) Travel expenses.
(f) Rules and regulations.
(g) Congressional consent not conferred for production of official
records or to testimony concerning activities related to employment.
130c. Waiver by Secretary of Senate of claims of United States
arising out of erroneous payments to Vice President, Senator, or Senate
employee paid by Secretary of Senate.
(a) Waiver of claim for erroneous payment of pay or allowances.
(b) Prohibition of waiver.
(c) Credit for waiver.
(d) Effect of waiver.
(e) Construction with other laws.
(f) Rules and regulations.
130d. Waiver by Speaker of House of claims of United States arising
out of erroneous payments to officers or employees paid by Clerk of
House.
(a) Waiver of claim for erroneous payment of pay or allowances.
(b) Investigation and report.
(c) Prohibition of waiver.
(d) Credit for waiver.
(e) Effect of waiver.
(f) Construction with other laws.
(g) Rules and regulations.
130e. Special Services Office.
02 USC 60. Repealed. June 20, 1929, ch. 33, 6, 46 Stat. 39
TITLE 2 -- THE CONGRESS
Section, acts May 24, 1924, ch. 183, 1, 43 Stat. 146; May 29,
1928, ch. 853, 1, 45 Stat. 885, related to rates of pay for various
officers and employees of Government. See notes set out under section
60a-1 and section 60c-1 et seq. of this title.
02 USC 60-1. Authority of officers of Congress over Congressional
employees
TITLE 2 -- THE CONGRESS
(a) Qualifications determinations; removal and discipline
Each officer of the Congress having responsibility for the
supervision of employees, including employees appointed upon
recommendation of Members of Congress, shall have authority --
(1) to determine, before the appointment of any individual as an
employee under the supervision of that officer of the Congress, whether
that individual possesses the qualifications necessary for the
satisfactory performance of the duties and responsibilities to be
assigned to him; and
(2) to remove or otherwise discipline any employee under his
supervision.
(b) ''Officer of the Congress'' defined
As used in this section, the term ''officer of the Congress'' means
--
(1) an elected officer of the Senate or House of Representatives who
is not a Member of the Senate or House; and
(2) The Architect of the Capitol.
(Pub. L. 91-510, title IV, 431, Oct. 26, 1970, 84 Stat. 1190.)
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.
02 USC 60-2. Amendment to Senate conflict of interest rule
TITLE 2 -- THE CONGRESS
(a) Except as provided by subsection (b) of this section, any
employee of the Senate who is required to file a report pursuant to
Senate rules shall refrain from participating personally and
substantially as an employee of the Senate in any contact with any
agency of the executive or judicial branch of Government with respect to
non-legislative matters affecting any non-governmental person in which
the employee has a significant financial interest.
(b) Subsection (a) of this section shall not apply if an employee
first advises his supervisor of his significant financial interest and
obtains from such supervisor a written waiver stating that the
participation of the employee is necessary. A copy of each such waiver
shall be filed with the Select Committee.
(Pub. L. 101-194, title IX, 903, Nov. 30, 1989, 103 Stat. 1781.)
02 USC 60a. Omitted
TITLE 2 -- THE CONGRESS
Present provisions relating to personnel and compensation of
Congressional officers and employees may be found elsewhere in this
chapter and in Acts and Resolutions cited in notes hereunder. Section
was based on the following acts:
1949 -- Jan. 19, 1949, ch. 2, 1(d), (f), 63 Stat. 4.
May 24, 1949, ch. 138, title I, 63 Stat. 76.
Oct. 10, 1949, ch. 662, title I, 63 Stat. 738.
Oct. 14, 1949, ch. 694, title I, 63 Stat. 869.
1948 -- June 14, 1948, ch. 467, 101, 105, 62 Stat. 423, 437.
June 25, 1948, ch. 658, title I, 62 Stat. 1027.
1947 -- Jan. 31, 1947, ch. 1, 61 Stat. 1.
Feb. 19, 1947, ch. 3, 61 Stat. 4.
July 17, 1947, ch. 262, 101, 105, 61 Stat. 361, 377.
July 30, 1947, ch. 361, 61 Stat. 610.
July 31, 1947, ch. 414, 61 Stat. 695.
1946 -- July 1, 1946, ch. 530, 101, 105, 60 Stat. 387, 407.
July 23, 1946, ch. 591, title I, 60 Stat. 600.
Aug. 2, 1946, ch. 753, title II, 201(a), 60 Stat. 834.
Aug. 8, 1946, ch. 870, title I, 60 Stat. 910.
1945 -- Apr. 25, 1945, ch. 95, title I, 59 Stat. 77.
June 13, 1945, ch. 189, 101, 105, 59 Stat. 238, 259.
July 5, 1945, ch. 271, title I, 59 Stat. 412.
Dec. 28, 1945, ch. 589, title I, 59 Stat. 632.
1944 -- June 26, 1944, ch. 277, title I, 101, 104, 58 Stat. 334,
354.
June 28, 1944, ch. 304, title I, 58 Stat. 597.
Dec. 22, 1944, ch. 660, title I, 58 Stat. 853.
1943 -- June 28, 1943, ch. 173, title I, 101, 104, 57 Stat. 220,
239.
1942 -- June 8, 1942, ch. 396, 1, 4, 56 Stat. 330, 349.
1941 -- Mar. 1, 1941, ch. 9, 55 Stat. 14.
July 1, 1941, ch. 268, 1, 4, 55 Stat. 446, 465.
1940 -- June 18, 1940, ch. 396, 1, 4, 54 Stat. 462, 480.
Oct. 9, 1940, ch. 780, title I, 54 Stat. 1030.
1939 -- June 16, 1939, ch. 208, 1, 4, 53 Stat. 822, 839.
July 25, 1939, ch. 352, 2, 53 Stat. 1080.
1938 -- May 17, 1938, ch. 236, 1, 4, 52 Stat. 381, 398.
June 25, 1938, ch. 681, 52 Stat. 1114.
1937 -- May 18, 1937, ch. 223, 50 Stat. 169.
1934 -- May 30, 1934, ch. 372, 48 Stat. 817.
1933 -- Feb. 28, 1933, ch. 134, 47 Stat. 1350.
1929 -- June 20, 1929, ch. 33, 46 Stat. 32.
In addition to these acts the following House Resolutions affected
the salary of certain employees and were made permanent law by section
105 of act July 17, 1947, ch. 262, 61 Stat. 377: House Resolutions
628, 691, and 693 of the Seventy-ninth Congress and House Resolutions
42, 54, 74, 78, 96, 113, and 183 (which related to Office of Coordinator
of Information of the House and which was repealed by Pub. L. 91-510,
title III, 322, Oct. 26, 1970, 84 Stat. 1185) of the Eightieth Congress.
House Resolutions 281 and 336 of the Eightieth Congress were made
permanent law by act June 14, 1948, ch. 467, 105, 62 Stat. 437. House
Resolutions No. 653 of the Eightieth Congress, and 6, 39, 45, 62, 84,
103, 172, and 188 of the 81st Congress were made permanent law by act
June 22, 1949, ch. 235, 105, 63 Stat. 230.
The following acts have provided for funds for the operation of
Congress:
Aug. 14, 1991, Pub. L. 102-90, title I, 105 Stat. 447.
Nov. 5, 1990, Pub. L. 101-520, title I, 104 Stat. 2254.
Nov. 21, 1989, Pub. L. 101-163, title I, 103 Stat. 1041.
Oct. 1, 1988, Pub. L. 100-458, title I, 102 Stat. 2158.
Dec. 22, 1987, Pub. L. 100-202, 101(i) (title I), 101 Stat.
1329-290.
Oct. 18, 1986, Pub. L. 99-500, 101(j), 100 Stat. 1783-287, and Oct.
30, 1986, Pub. L. 99-591, 101(j), 100 Stat. 3341-287.
Nov. 13, 1985, Pub. L. 99-151, title I, 99 Stat. 792.
July 17, 1984, Pub. L. 98-367, title I, 98 Stat. 472.
July 14, 1983, Pub. L. 98-51, title I, 97 Stat. 263.
Oct. 2, 1982, Pub. L. 97-276, 101(e), 96 Stat. 1189.
Oct. 1, 1981, Pub. L. 97-51, 101(c), 95 Stat. 959.
Dec. 16, 1980, Pub. L. 96-536, 101(c), (d), 94 Stat. 3167.
Oct. 1, 1980, Pub. L. 96-369, 101(c), (d), 94 Stat. 1352, 1353.
Oct. 12, 1979, Pub. L. 96-86, 101(c), 93 Stat. 657.
Sept. 30, 1978, Pub. L. 95-391, title I, 92 Stat. 763.
Aug. 5, 1977, Pub. L. 95-94, title I, 91 Stat. 653.
Oct. 1, 1976, Pub. L. 94-440, title I, 90 Stat. 1439.
July 25, 1975, Pub. L. 94-59, title I, 89 Stat. 269.
Aug. 13, 1974, Pub. L. 93-371, 88 Stat. 424.
Nov. 1, 1973, Pub. L. 93-145, 87 Stat. 527.
July 10, 1972, Pub. L. 92-342, 86 Stat. 432.
July 9, 1971, Pub. L. 92-51, 85 Stat. 125.
Aug. 18, 1970, Pub. L. 91-382, 84 Stat. 807.
Dec. 12, 1969, Pub. L. 91-145, 83 Stat. 339.
July 23, 1968, Pub. L. 90-417, 82 Stat. 398.
July 28, 1967, Pub. L. 90-57, 81 Stat. 127.
Aug. 27, 1966, Pub. L. 89-545, 80 Stat. 354.
July 27, 1965, Pub. L. 89-90, 79 Stat. 265.
Aug. 20, 1964, Pub. L. 88-454, 78 Stat. 535.
Dec. 30, 1963, Pub. L. 88-248, 77 Stat. 803.
Oct. 2, 1962, Pub. L. 87-730, 76 Stat. 680.
Aug. 10, 1961, Pub. L. 87-130, 75 Stat. 320.
July 12, 1960, Pub. L. 86-628, 74 Stat. 446.
Aug. 21, 1959, Pub. L. 86-176, 73 Stat. 398.
July 31, 1958, Pub. L. 85-570, 72 Stat. 439.
July 1, 1957, Pub. L. 85-75, 71 Stat. 244.
June 27, 1956, ch. 453, 70 Stat. 356.
Aug. 5, 1955, ch. 568, 69 Stat. 499.
July 2, 1954, ch. 455, title I, 68 Stat. 396.
Aug. 1, 1953, ch. 304, title I, 67 Stat. 318.
July 9, 1952, ch. 598, 66 Stat. 464.
Oct. 11, 1951, ch. 485, 65 Stat. 388.
Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 595.
June 22, 1949, ch. 235, 63 Stat. 216.
Pub. L. 96-508, 10, Dec. 8, 1980, 94 Stat. 2749, provided that in
the fiscal year beginning October 1, 1980, the aggregate amount of funds
made available to the Senate shall not exceed 90 per centum of the
aggregate amount of the funds made available for such purposes for the
fiscal year beginning on October 1, 1979.
Senate and House committee employees, formerly provided for by this
section, are covered by section 72a of this title.
02 USC 60a-1. Senate pay adjustments; action by President pro tempore
of Senate
TITLE 2 -- THE CONGRESS
(a) Each time the President adjusts the rates of pay of employees
under section 5303 of title 5 the President pro tempore of the Senate
shall, as he considers appropriate --
(1)(A) adjust the rates of pay of personnel whose pay is disbursed by
the Secretary of the Senate, and any minimum or maximum rate applicable
to any such personnel; or
(B) in the case of such personnel whose rates of pay are fixed by or
pursuant to law at specific rates, adjust such rates (including the
adjustment of such specific rates to maximum pay rates) and, in the case
of all other personnel whose pay is disbursed by the Secretary of the
Senate, adjust only the minimum or maximum rates applicable to such
other personnel; and
(2) adjust any limitation or allowance applicable to such personnel;
by percentages which are equal or equivalent, insofar as practicable
and with such exceptions as may be necessary to provide for appropriate
pay relationships between positions, to the percentages of the
adjustments made by the President under such section 5303 for
corresponding rates of pay for employees subject to the General Schedule
contained in section 5332 of such title and adjust the rates of such
personnel by such amounts as necessary to restore the same pay
relationships that existed on December 31, 1986, between personnel and
Senators and between positions. Such rates, limitations, and allowances
adjusted by the President pro tempore shall become effective on the
first day of the month in which any adjustment becomes effective under
such section 5303 or section 3(c) of this Act.
(b) The adjustments made by the President pro tempore shall be made
in such manner as he considers advisable and shall have the force and
effect of law.
(c) Nothing in this section shall impair any authority pursuant to
which rates of pay may be fixed by administrative action.
(d) No rate of pay shall be adjusted under the provisions of this
section to an amount in excess of the rate of basic pay for level III of
the Executive Schedule contained in section 5314 of title 5, except in
cases in which it is necessary to restore and maintain the same pay
relationships that existed on December 31, 1986, between personnel and
Senators and between positions.
(e) For purposes of this section, the term ''personnel'' does not
include any Senator.
(Pub. L. 91-656, 4, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 92-298, 3(
a), May 17, 1972, 86 Stat. 146; Pub. L. 92-392, 14(a), Aug. 19, 1972,
86 Stat. 575; Pub. L. 94-82, title II, 204(d), Aug. 9, 1975, 89 Stat.
422; Pub. L. 100-202, 101(i) (title III, 311(a), (b)), Dec. 22, 1987,
101 Stat. 1329-290, 1329-310; Pub. L. 101-509, title V, 529 (title I,
101(b)(4)(E)), Nov. 5, 1990, 104 Stat. 1427, 1440.)
Section 3(c) of this Act, referred to in subsec. (a), is section 3(
c) of Pub. L. 91-656, which is set out as a note under section 5303 of
Title 5, Government Organization and Employees.
1990 -- Subsec. (a). Pub. L. 101-509 substituted ''5303'' for
''5305'' wherever appearing.
1987 -- Subsec. (a). Pub. L. 100-202, 101(i) (title III, 311(a)),
inserted requirement that rates of personnel be adjusted by such amounts
as necessary to restore same pay relationships that existed on Dec. 31,
1986, between personnel and Senators and between positions.
Subsec. (d). Pub. L. 100-202, 101(i) (title III, 311(b)), inserted
exception for cases in which it is necessary to restore and maintain
same pay relationships that existed on Dec. 31, 1986, between personnel
and Senators and between positions.
1975 -- Subsec. (d). Pub. L. 94-82 substituted ''level III'' for
''level V'', and ''section 5314 of title 5'' for ''section 5316 of title
5.''
1972 -- Subsec. (a). Pub. L. 92-298 and Pub. L. 92-392 made
identical amendments by substituting ''first day of the month in which
any adjustment becomes effective'' for ''first day of the first pay
period which begins on or after the day on which any adjustment becomes
effective'' in last sentence.
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
Organization and Employees.
Section 101(i) (title III, 311(c)) of Pub. L. 100-202 provided that:
''Notwithstanding any other provision of this Act (see Tables for
classification) or any other provision of law, subsections (a) and (b)
of this section (amending this section) shall be effective in the case
of pay orders issued by the President pro tempore of the Senate on or
after January 1, 1988.''
Amendment by Pub. L. 92-392 effective on first day of first
applicable pay period beginning on or after 90th day after Aug. 19,
1972, see section 15(a) of Pub. L. 92-392, set out as an Effective Date
note under section 5341 of Title 5, Government Organization and
Employees.
By virtue of the authority vested in me by section 4 of the Federal
Pay Comparability Act of 1970 (2 U.S.C. 60a-1) and section 315 of the
Legislative Branch Appropriations Act, 1991 (2 U.S.C. 60a-1b) in order
--
(1) to provide (subject to the provisions of section 633 of the
Treasury, Postal Service and General Government Appropriation Act, 1991
(5 U.S.C. 5303 note; Public Law 101-509; 104 Stat. 1481) and section
704 of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note; Public Law
101-194) and the amendments made by such sections (amending section 31
of this title, section 104 of Title 3, The President, section 5318 of
Title 5, Government Organization and Employees, and section 461 of Title
28, Judiciary and Judicial Procedure)) increases in the annual rates of
compensation for officers and employees of the Senate that are
comparable to the increases in rates of pay under the General Schedule
taking effect on January 1, 1992, pursuant to section 5303 of title 5,
United States Code, and
(2) to provide (subject to such provisions of law) for the
restoration of, and to maintain in effect, the same pay relationships
that existed on December 31, 1986, between personnel and Senators and
between Senate positions,
it is hereby --
Ordered,
Section 1. For purposes of this Order, the term ''employee''
includes an officer (other than a United States Senator).
Sec. 2. (a) The annual rates of compensation of the Secretary of the
Senate, the Sergeant at Arms and Doorkeeper, and the Legislative Counsel
shall each be $128,000.
(b) The annual rates of compensation of the Secretary for the
Majority and the Secretary for the Minority shall each be $127,434.
(c) The annual rates of compensation of the five Senior Counsels in
the Office of the Legislative Counsel and the maximum annual rates of
compensation for the Assistant Secretary of the Senate, the
Parliamentarian, the Financial Clerk, the Assistant to the Majority
Leader for Floor Operations, the Assistant to the Minority Leader for
Floor Operations, the Chief of Staff for the Majority Leader, and the
Chief of Staff for the Minority Leader shall each be $126,815. The
maximum annual rate of compensation for the non-statutory position known
as the ''Special Deputy to the Federal Elections Commission'' shall be
equal to the maximum annual rate of compensation for positions specified
in the preceding sentence.
Sec. 3. The annual rate of compensation of the Chaplain is equal to
the annual rate of pay provided for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, except that such
annual rate of compensation may not at any time exceed the rate equal to
the difference between the annual rate of compensation for a position
referred to in section 2(a) and $11,713.
Sec. 4. (a) The following individuals are authorized to increase the
annual rates of compensation of the employees specified, subject to
applicable limitations adjusted by this Order:
(1) The Vice President, for any employee under his jurisdiction.
(2) The President pro tempore, for any employee under his
jurisdiction.
(3) The Deputy President pro tempore, for any employee under his
jurisdiction.
(4) The Majority Leader and the Minority Leader, for any employee
under their respective jurisdictions (subject, in the case of the
Assistant to the Majority Leader for Floor Operations, the Assistant to
the Minority Leader for Floor Operations, the Chief of Staff for the
Majority Leader, and the Chief of Staff for the Minority Leader,
respectively, to the provisions of section 2(c) of this Order).
(5) The Majority Whip and the Minority Whip, for any employee under
their respective jurisdictions.
(6) The Secretary of the Conference of the Majority and the Secretary
of the Conference of the Minority, for any employee under their
respective jurisdictions.
(7) The Secretary of the Senate, for any employee under his
jurisdiction (subject to the provisions of section 2(c) of this Order).
(8) The Sergeant at Arms and Doorkeeper, for any employee under his
jurisdiction.
(9) The Chaplain, for any employee under his jurisdiction.
(10) The Legislative Counsel, subject to the approval of the
President pro tempore, for any employee under his jurisdiction (other
than the five Senior Counsels).
(11) The Senate Legal Counsel, for any employee under his
jurisdiction (subject to the provisions of section 701(b) of the Ethics
in Government Act of 1978 (2 U.S.C. 288(b))).
(12) The Secretary for the Majority and the Secretary for the
Minority, for any employee under their respective jurisdictions.
(13) The Capitol Guide Board, for the Chief Guide, the Deputy Chief
Guide, the Assistant Chief Guide, and the Guides of the Capitol Guide
Service.
(b) The limitations on the gross compensation which may be paid
during a fiscal year to employees in the Offices of the Vice President,
the President pro tempore, the Deputy President pro tempore, the
Majority Leader, the Minority Leader, the Majority Whip, the Minority
Whip, the Secretary of the Senate, the Sergeant at Arms and Doorkeeper,
the Chaplain, the Secretary of the Conference of the Majority, the
Secretary of the Conference of the Minority, the Secretary for the
Majority, the Secretary for the Minority, the Conference of the
Majority, and the Conference of the Minority (as in effect immediately
before the effective date of this Order) are each increased by 4.2
percent, and as so increased, are each adjusted to the next higher
multiple of $1.00.
(c) Except for those officers and employees referred to in section 2
of this Order, no officer or employee within the Office of the Secretary
of the Senate and no officer or employee within the Office of the
Sergeant at Arms and Doorkeeper shall, for any period of time, be paid
gross compensation at an annual rate which is in excess of the maximum
prescribed in section 105(f) of the Legislative Branch Appropriation
Act, 1968 (2 U.S.C. 61-1(f)) (as such rate is adjusted in sections 7(b)
and 11 of the Order of the President pro tempore of December 20, 1990).
Sec. 5. (a) Subject to the provisions of section 105 of the
Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1) (as modified
by this Order), and to the other provisions of this Order, the chairman
of any standing, special, or select committee of the Senate (including
the majority and minority policy committees and the conference majority
and the conference minority of the Senate), and the chairman of any
joint committee of the Congress whose funds are disbursed by the
Secretary of the Senate, are each authorized to increase the annual rate
of compensation of any employee of the committee, or any subcommittee
thereof, of which he is chairman, subject to applicable limitations
adjusted by this Order.
(b) The maximum annual rates of ''$96,864'', ''$97,359'', and
''$99,215'' referred to in section 105(e) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 61-1(e)) (as provided for in sections
5(b) and 11 of the Order of the President pro tempore of December 20,
1990) shall be deemed to be the figures ''$124,464'', ''$124,959'', and
''$126,815'', respectively.
Sec. 6. (a) Subject to the provisions of section 105 of the
Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1), as modified
by this Order, and to the other provisions of this Order, each Senator
is authorized to increase the annual rate of compensation of any
employee in his office, subject to applicable limitations adjusted by
this Order.
(b) The table contained in section 105(d)(1) of such Act shall be
deemed to read as follows:
''$1,054,591 if the population of his State is less than 5,000,000;
''$1,097,487 if such population is 5,000,000 but less than 6,000,000;
''$1,140,385 if such population is 6,000,000 but less than 7,000,000;
''$1,183,282 if such population is 7,000,000 but less than 8,000,000;
''$1,226,179 if such population is 8,000,000 but less than 9,000,000;
''$1,269,076 if such population is 9,000,000 but less than
10,000,000;
''$1,311,973 if such population is 10,000,000 but less than
11,000,000;
''$1,354,870 if such population is 11,000,000 but less than
12,000,000;
''$1,397,767 if such population is 12,000,000 but less than
13,000,000;
''$1,440,664 if such population is 13,000,000 but less than
14,000,000;
''$1,483,562 if such population is 14,000,000 but less than
15,000,000;
''$1,526,460 if such population is 15,000,000 but less than
16,000,000;
''$1,569,357 if such population is 16,000,000 but less than
17,000,000;
''$1,612,254 if such population is 17,000,000 but less than
18,000,000;
''$1,639,697 if such population is 18,000,000 but less than
19,000,000;
''$1,667,142 if such population is 19,000,000 but less than
20,000,000;
''$1,694,586 if such population is 20,000,000 but less than
21,000,000;
''$1,722,032 if such population is 21,000,000 but less than
22,000,000;
''$1,749,477 if such population is 22,000,000 but less than
23,000,000;
''$1,776,921 if such population is 23,000,000 but less than
24,000,000;
''$1,804,365 if such population is 24,000,000 but less than
25,000,000;
''$1,831,809 if such population is 25,000,000 but less than
26,000,000;
''$1,859,255 if such population is 26,000,000 but less than
27,000,000;
''$1,886,699 if such population is 27,000,000 but less than
28,000,000; and
''$1,914,144 if such population is 28,000,000 or more.''
(c) The figures ''$1,530'' and ''$97,359'' referred to in the second
sentence of section 105(d)(2) of the Legislative Branch Appropriation
Act, 1968 (2 U.S.C. 61-1(d)(2)) (as provided in sections 6(c) and 11 of
the Order of the President pro tempore of December 20, 1990) shall be
deemed to be the figures ''$1,595'' and ''$124,959'', respectively.
(d) The figure ''$280,887'' referred to in section 111(a) of the
Legislative Branch Appropriation Act, 1978 (2 U.S.C. 61-1 note) (as
provided in section 6(d) of the Order of the President pro tempore of
December 20, 1990) shall be deemed to be the figure ''$292,686''.
Sec. 7. (a) The figure ''$1,530'' referred to in section 105(f) of
the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(f)) (as
provided in section 7(a) of the Order of the President pro tempore of
December 20, 1990) shall be deemed to be the figure ''$1,595''.
(b) The maximum annual rate of compensation of ''$97,359'' appearing
in section 105(f) of the Legislative Branch Appropriation Act, 1968 (2
U.S.C. 61-1(f)) (as provided for in sections 7(b) and 11 of the Order of
the President pro tempore of December 20, 1990) shall be deemed to be
the figure ''$124,959''.
Sec. 8. In order for an employee to receive the increase in his
annual rate of compensation pursuant to section 4, 5, or 6, the
individual designated to authorize such increases for that employee
shall notify the Disbursing Office of the Senate in writing that he
authorizes such increase for that employee and the date (prescribed in
accordance with section 105(a)(2) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 61-1(a)(2))) on which such increase is
to be effective. Such increase shall become effective as provided in
section 105(a)(2) of the Legislative Branch Appropriation Act, 1968 (2
U.S.C. 61-1(a)(2)), except that if the notice required by the preceding
sentence is given within five days (not counting Saturdays, Sundays, or
holidays) after the date on which this Order is issued, such increase
may become effective on January 1, 1992.
Sec. 9. The figure ''$20,141'' referred to in section 5533(c)(1) of
title 5, United States Code (as provided in section 9 of the Order of
the President pro tempore of December 20, 1990) shall be deemed to be
the figure ''$20,987''.
Sec. 10. (a) The annual rate of compensation of the Senate Legal
Counsel shall be $128,000.
(b) The annual rate of compensation of the Deputy Senate Legal
Counsel shall be $126,700.
(c) The maximum annual rate of compensation of each Assistant Senate
Legal Counsel may not at any time exceed the rate equal to the
difference between the annual rate of compensation for a position
referred to in section 2(a) and $4,900.
Sec. 11. Sections 1 through 10 of this Order are effective January 1,
1992.
Robert C. Byrd,
President pro tempore.
Prior Salary Directives of President pro tempore of the Senate were
issued on the following dates:
Dec. 20, 1990, increases eff. Jan. 1, 1991.
Dec. 21, 1989, increases eff. Jan. 1, 1990.
Dec. 9, 1988, increases eff. Jan. 1, 1989.
Jan. 4, 1988, increases eff. Jan. 1, 1988.
Dec. 19, 1986, increases eff. Jan. 1, 1987.
Jan. 4, 1985, increases eff. Jan. 1, 1985.
Dec. 20, 1983, amended May 2, 1987, increases eff. Jan. 1, 1984.
Oct. 1, 1982, increases eff. Oct. 1, 1982; Cong. Rec., vol. 128,
pt. 20, p. 26968.
Oct. 5, 1981, amended Dec. 15, 1981, increases eff. Jan. 1, 1981;
Cong. Rec., vol. 127, pt. 19, p. 24991.
Oct. 1, 1980, increases eff. Oct. 1, 1980; Cong. Rec., vol. 126,
pt. 25, p. 34376.
Oct. 13, 1979, increases eff. Oct. 1, 1979; Cong. Rec., vol. 125,
pt. 22, p. 28404.
Oct. 9, 1978, increases eff. Oct. 1, 1978; Cong. Rec., vol. 124,
pt. 28, p. 37837.
Sept. 29, 1977, increases eff. Oct. 1, 1977.
Oct. 8, 1976, increases eff. Oct. 1, 1976; Cong. Rec., vol. 123,
pt. 3, p. 3784.
Oct. 2, 1975, increases eff. Oct. 1, 1975; Cong. Rec., vol. 121,
pt. 27, p. 34398.
Oct. 7, 1974, increases eff. Oct. 1, 1975; Cong. Rec., vol. 120,
pt. 27, p. 36717.
Oct. 4, 1973, increases eff. Oct. 1, 1973.
Dec. 16, 1972, increases eff. Jan. 1, 1973; Cong. Rec., vol. 119,
pt. 1, p. 674.
Dec. 23, 1971, increases eff. Jan. 1, 1972; Cong. Rec., vol. 118,
pt. 1, p. 235.
Jan. 15, 1971, increases eff. Feb. 1, 1971; Cong. Rec., vol. 117,
pt. 1, p. 770.
Apr. 15, 1970, increases eff. Jan. 1, and May 1, 1970; Cong. Rec.,
vol. 116, pt. 9, p. 11860.
June 17, 1969, increases eff. July 1, 1969; Cong. Rec., vol. 115,
pt. 12, p. 16103.
June 12, 1968, increases eff. July 1, 1968; Cong. Rec., vol. 114,
pt. 13, p. 16890.
on Basic and Gross Compensation -- 1966
Pub. L. 89-504, title III, 302(g), (h), July 18, 1966, 80 Stat. 295,
provided that:
''(g) Notwithstanding the provision referred to in subsection (h),
the rates of gross compensation of the Secretary for the Majority of the
Senate, the Secretary for the Minority of the Senate, the Chief Reporter
of Debates of the Senate, the Parliamentarian of the Senate, the Senior
Counsel in the Office of the Legislative Counsel of the Senate, the
Chief Clerk of the Senate, the Chaplain of the Senate, and the
Postmaster and Assistant Postmaster of the Senate are hereby increased
by 2.9 per centum.
''(h) The paragraph imposing limitations on basic and gross
compensation of officers and employees of the Senate appearing under the
heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended
(74 Stat. 304; Public Law 86-568), is amended by striking out '$23,770'
and inserting in lieu thereof '$24,460'.'' (The paragraph in the
Legislative Appropriation Act, 1956, referred to above, was repealed by
Pub. L. 90-57, 105(i)(3), July 28, 1967, 81 Stat. 144, eff. Aug. 1,
1967.)
on Basic and Gross Compensation -- 1965
Pub. L. 89-301, 11(g), (h), Oct. 29, 1965, 79 Stat. 1121, provided
that:
''(g) Notwithstanding the provision referred to in subsection (h),
the rates of gross compensation of the Secretary for the Majority of the
Senate, the Secretary for the Minority of the Senate, the Chief Reporter
of Debates of the Senate, the Parliamentarian of the Senate, the Senior
Counsel in the Office of the Legislative Counsel of the Senate, the
Chief Clerk of the Senate, the Chaplain of the Senate, and the
Postmaster and Assistant Postmaster of the Senate are hereby increased
by 3.6 per centum.
''(h) The paragraph imposing limitations on basic and gross
compensation of officers and employees of the Senate appearing under the
heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended
(74 Stat. 304; Public Law 86-568), is amended by striking out '$22,945'
and inserting in lieu thereof '$23,770'.'' (The paragraph in the
Legislative Appropriation Act, 1956, referred to above, was repealed by
Pub. L. 90-57, 105(i)(3), July 28, 1967, 81 Stat. 144, eff. Aug. 1,
1967.)
on Basic and Gross Compensation -- 1964
Pub. L. 88-426, title II, 202(f), (g), Aug. 14, 1964, 78 Stat. 414,
provided that:
''(f) Notwithstanding the provision referred to in subsection (g),
the rates of gross compensation of the Secretary for the Majority of the
Senate, the Secretary for the Minority of the Senate, the Official
Reporters of Debates of the Senate, the Parliamentarian of the Senate,
the Senior Counsel in the Office of the Legislative Counsel of the
Senate, and the Chief Clerk of the Senate are hereby increased by an
amount which is equal to the amount of the increase which would be
provided by subsection (a) of this section (section 60e-11 of this
title) in that gross rate determined without regard to the provisions
referred to in subsection (g) of this section which is nearest in amount
to the total annual compensation of such officer or employee.
''(g) The paragraph imposing limitations on basic and gross
compensation of officers and employees of the Senate appearing under the
heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended
(74 Stat. 304; Public Law 86-568), is amended by striking out '$18,880'
and inserting in lieu thereof '$22,945'.'' (The paragraph in the
Legislative Appropriation Act, 1956, referred to above, was repealed by
Pub. L. 90-57, 105(i)(3), July 28, 1967, 81 Stat. 144, eff. Aug. 1,
1967.)
on Basic and Gross Compensation -- 1962
Pub. L. 87-793, 1005(c), (d), Oct. 11, 1962, 76 Stat. 867, provided
that:
''(c) Notwithstanding the provision referred to in subsection (d),
the rates of gross compensation of the elected officers of the Senate
(except the Presiding Officer of the Senate), the Legislative Counsel of
the Senate, the Official Reporters of Debates of the Senate, the
Parliamentarian of the Senate, the Senior Counsel in the Office of the
Legislative Counsel of the Senate, and the Chief Clerk of the Senate are
hereby increased by 7 per centum.
''(d) The paragraph imposing limitations on basic and gross
compensation of officers and employees of the Senate appearing under the
heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended
(74 Stat. 304; Public Law 86-568), is amended to read as follows:
'''No officer or employee whose compensation is disbursed by the
Secretary of the Senate shall be paid basic compensation at a rate in
excess of $8,880 per annum, or gross compensation at a rate in excess of
$18,880 per annum, unless expressly authorized by law.''' (The paragraph
in the Legislative Appropriation Act, 1956, referred to above, was
repealed by Pub. L. 90-57, 105(i)(3), July 28, 1967, 81 Stat. 144, eff.
Aug. 1, 1967.)
on Basic and Gross Compensation -- 1960
Pub. L. 86-568, title I, 117(c), (d), July 1, 1960, 74 Stat. 303,
provided that:
''(c) Notwithstanding the provision referred to in subsection (d),
the rates of gross compensation of each of the elected officers of the
Senate (except the Presiding Officer of the Senate), the Parliamentarian
of the Senate, the Legislative Counsel of the Senate, the Senior Counsel
in the Office of the Legislative Counsel of the Senate, and the Chief
Clerk of the Senate are hereby increased by 7.5 per centum.
''(d) The paragraph imposing limitations on basic and gross
compensation of officers and employees of the Senate appearing under the
heading 'SENATE' in the Legislative Appropriation Act, 1956 (69 Stat.
510; Public Law 242, Eighty-fourth Congress), is amended to read as
follows:
'''No officer or employee whose compensation is disbursed by the
Secretary of the Senate shall be paid basic compensation at a rate in
excess of $8,880 per annum, or gross compensation at a rate in excess of
$17,525 per annum, unless expressly authorized by law.''' (Prior to this
amendment ''$8,880'' and ''$17,525'' were, respectively, ''$8,880'' and
''$16,300'' per annum.) (The paragraph in the Legislative Appropriation
Act, 1956, referred to above was repealed by Pub. L. 90-57, 105(i)(3),
July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.)
on Basic and Gross Compensation -- 1958
Pub. L. 85-462, 4(c), (d), June 20, 1958, 72 Stat. 208, provided
that:
''(c) Notwithstanding the provision referred to in subsection (d),
the rates of gross compensation of each of the elected officers of the
Senate (except the presiding officer of the Senate), the Parliamentarian
of the Senate, the Legislative Counsel of the Senate, the Senior Counsel
in the Office of the Legislative Counsel of the Senate, and the Chief
Clerk of the Senate are hereby increased by 10 per centum.
''(d) The paragraph imposing limitations on basic and gross
compensation of officers and employees of the Senate appearing under the
heading 'SENATE' in the Legislative Appropriation Act, 1956 (69 Stat.
510; Public Law 242, Eighty-fourth Congress), is amended to read as
follows:
'''No officer or employee, whose compensation is disbursed by the
Secretary of the Senate shall be paid basic compensation at a rate in
excess of $8,880 per annum, or gross compensation at a rate in excess of
$16,300 per annum, unless expressly authorized by law.''' (Prior to this
amendment ''$8,880'' and ''$16,300'' were, respectively, ''$8,820'' and
''$14,800'' per annum.) (The paragraph in the Legislative Appropriation
Act, 1956, referred to above, was repealed by Pub. L. 90-57, 105(i) (3),
July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.)
02 USC 60a-1a. Rates of compensation paid by Secretary of Senate;
applicability of Senate pay adjustments by President pro tempore of
Senate
TITLE 2 -- THE CONGRESS
No provision of this Act or of any Act enacted after October 1, 1976,
which specifies a rate of compensation (including a maximum rate) for
any position or employee whose compensation is disbursed by the
Secretary of the Senate shall, unless otherwise specifically provided
therein, be construed to affect the applicability of section 60a-1 of
this title to such rate.
(Pub. L. 94-440, title I, 107, Oct. 1, 1976, 90 Stat. 1444.)
This Act, referred to in text, means the Legislative Branch
Appropriation Act, 1977, Pub. L. 94-440, Oct. 1, 1976, 90 Stat. 1439,
as amended. For complete classification of this Act to the Code, see
Tables.
02 USC 60a-1b. Senate pay adjustments; action by President pro tempore
of Senate
TITLE 2 -- THE CONGRESS
(a) Whenever, after November 5, 1990, there is an adjustment in rates
of pay for Senators (other than an adjustment which occurs by virtue of
an adjustment under section 5303 of title 5 in rates of pay under the
General Schedule), the President pro tempore of the Senate may,
notwithstanding any other provision of law, rule, or regulation, adjust
the rate of pay (and any minimum or maximum rate, limitation, or
allowance) applicable to personnel whose pay is disbursed by the
Secretary of the Senate to the extent necessary to maintain the same pay
relationships that existed on December 31, 1986, between personnel and
Senators and between positions.
(b) Adjustments made by the President pro tempore under this section
shall be made in such manner as he considers advisable and shall have
the force and effect of law.
(Pub. L. 101-520, title III, 315, Nov. 5, 1990, 104 Stat. 2283; Pub.
L. 102-90, title III, 308, Aug. 14, 1991, 105 Stat. 466.)
The General Schedule, referred to in subsec. (a), is set out under
section 5332 of Title 5, Government Organization and Employees.
Section is from the Legislative Branch Appropriations Act, 1991.
1991 -- Subsec. (a). Pub. L. 102-90 substituted ''5303'' for
''5305''.
02 USC 60a-2. House of Representatives pay adjustments; action by
Clerk of House
TITLE 2 -- THE CONGRESS
(a) Whenever an adjustment under section 5303 /1/ becomes effective
with respect to rates of pay under the General Schedule, the Clerk of
the House of Representatives, in such manner as he considers advisable
--
(1) effective on the first day of the month in which such pay
adjustment by the President is made effective as described above, shall
adjust --
(A) each minimum and maximum rate of pay applicable to any employee
or class of employees whose pay is disbursed by the Clerk of the House
(other than a maximum rate equal to or greater than the maximum rate
then currently being paid under the General Schedule of section 5332 of
title 5 as a result of such adjustment); and
(B) each monetary limitation on or monetary allowance for pay
applicable to any such employee or class of employees, including but not
limited to --
(i) the clerk hire allowance for each Member of the House of
Representatives and the Resident Commissioner from Puerto Rico; and
(ii) the allowances for additional office personnel in the offices of
the Speaker, the majority leader, the minority leader, the majority
whip, and the minority whip, of the House of Representatives;
by an amount rounded to the nearest $100 and computed on the basis of
a percentage equal or equivalent, insofar as practicable and with such
variations as the Clerk considers appropriate, to the percentage of the
adjustment under such section 5303;
(2) shall determine, with respect to the employees and classes of
employees within the purview of this section whose pay is disbursed by
the Clerk, the respective amounts of pay adjustments which are equal or
equivalent, insofar as practicable and with such exceptions and
modifications as may be necessary to provide for appropriate pay
relationships between positions, to corresponding increases in pay, as
determined by the Clerk, made by the pay adjustment by the President;
and
(3) shall transmit to the appropriate pay-fixing authority concerned
in the House of Representatives a copy of his determinations with
respect to the pay of those employees whose pay is fixed and adjusted by
that authority.
(b) After consideration of the pay determinations transmitted by the
Clerk of the House, the pay-fixing authority concerned may adjust,
notwithstanding the provisions contained in sections 1341, 1342, and
1349-1351 and subchapter II of chapter 15 of title 31, the rates of pay
concerned in such manner as that authority considers appropriate.
(c) Nothing in this section shall impair any authority pursuant to
which rates of pay may be fixed by administrative action.
(d) This section shall not be deemed to authorize any adjustment in
the rates of pay of employees whose rates of pay are disbursed by the
Clerk of the House of Representatives and are fixed and adjusted from
time to time as nearly as is consistent with the public interest in
accordance with prevailing rates or practices, including employees
subject to the House Wage Schedule.
(e) No rate of pay shall be adjusted under this section to an amount
in excess of the rate of basic pay of level V of the Executive Schedule
contained in section 5316 of title 5.
(Pub. L. 91-656, 5, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 92-298, 3(
b), May 17, 1972, 86 Stat. 146; Pub. L. 92-392, 14(b), Aug. 19, 1972,
86 Stat. 575; Pub. L. 101-509, title V, 529 (title I, 101(b)( 4)(F),
(10)), Nov. 5, 1990, 104 Stat. 1427, 1440, 1442.)
In subsec. (b), ''sections 1341, 1342, and 1349-1351 and subchapter
II of chapter 15 of title 31'' substituted for ''section 665 of title
31, United States Code'' on authority of Pub. L. 97-258, 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted Title 31,
Money and Finance.
1990 -- Subsec. (a). Pub. L. 101-509, 529 (title I, 101(b)(4)(F)(
i)), substituted ''(a) Whenever an adjustment under section 5303 becomes
effective with respect to rates of pay under the General Schedule,'' for
''(a) Whenever a pay adjustment by the President under section 5305 of
title 5 is made effective pursuant to subsection (a)( 2), or subsections
(c) to (m), inclusive, as the case may be, of such section 5305, or
section 3(c) of this Act, then''.
Subsec. (a)(1). Pub. L. 101-509, 529 (title I, 101(b)(10)), made
technical correction to Pub. L. 92-298 and Pub. L. 92-392, see 1972
Amendment note below.
Pub. L. 101-509, 529 (title I, 101(b)(4)(F)(iii)), in closing
provisions, substituted ''adjustment under such section 5303;'' for
''pay adjustment made by the President;''.
Subsec. (a)(1)(A). Pub. L. 101-509, 529 (title I, 101(b)(4)(F)( ii)),
substituted ''adjustment)'' for ''pay adjustment by the President)''.
1972 -- Subsec. (a)(1). Pub. L. 92-298 and Pub. L. 92-392, as
amended by Pub. L. 101-509, 529 (title I, 101(b)(10)), made identical
substitutions in introductory provisions of ''effective on the first day
of the month in which such pay adjustments by the President'' for
''effective at the beginning of the first pay period commencing on or
after the day on which such pay adjustment by the President''.
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
Organization and Employees.
Amendment by Pub. L. 92-392 effective on first day of first
applicable pay period beginning on or after 90th day after Aug. 19,
1972, see section 15(a) of Pub. L. 92-392, set out as an Effective Date
note under section 5341 of Title 5, Government Organization and
Employees.
Pursuant to the authority and duty vested in the Speaker of the
United States House of Representatives by section 212 of the Federal
Salary Act of 1967 (81 Stat. 634; Public Law 90-206; 5 U.S.C. 5304,
note) to implement the salary comparability policy set forth in section
5301 of title 5, United States Code, in the year 1969 for personnel of
the House of Representatives, the rates of pay of personnel of the House
of Representatives whose pay is disbursed by the Clerk of the House of
Representatives are adjusted as follows:
Section 1. Subject to sections 216 and 225 of the Federal Salary Act
of 1967 (81 Stat. 638, 642; Public Law 90-206; 2 U.S.C. 60e-14, note;
2 U.S.C. 351-361), the per annum gross rate of compensation (basic
compensation plus additional compensation authorized by law) of each
employee whose compensation --
(1) is disbursed by the Clerk of the House of Representatives, and
(2) is fixed at a rate of basic compensation plus additional
compensation authorized by law,
is increased by 10.05 per centum.
Sec. 2. Subject to sections 216 and 225 of the Federal