-CITE- 2 USC CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -MISC1- Sec. 31. Compensation of Members of Congress. 31-1. Repealed. 31-2. Gifts and travel. 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 Repealed. 31a-1.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. 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, Miscellaneous Items, within Senate contingent fund. 31a-2c. Transfer of funds from appropriations account of Majority and Minority Whips of Senate to appropriations account, Miscellaneous Items, within Senate contingent fund. 31a-2d. Transfer of funds from appropriations account of the Office of the Vice President and the Offices of the Secretaries for the Majority and Minority to the Senate contingent fund. 31a-3. Expense allowance for Chairmen of Majority and Minority Conference Committees of Senate; method of payment; taxability. 31a-4. Expense allowance for Chairmen of Majority and Minority Policy Committees of Senate; method of payment; taxability. 31b. Expense allowance of Speaker of House of Representatives. 31b-1. Former Speakers of House of 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 Repealed. 31b-4.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. Repealed. 31b-7. Availability of entitlements of former Speaker for 5 years. 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 Repealed. 32.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. Repealed. 38a. Disposition of unpaid salary and other sums on death of Representative or Resident Commissioner. 38b. Death gratuity payments as gifts. 39. Deductions for absence. 40. Deductions for withdrawal. 40a. Deductions for delinquent indebtedness. 41, 42. Repealed. 42a. Special delivery postage allowance for President of Senate. 42a-1 to 43b-1. Repealed or Omitted. 43b-2. Staff expenses for House Members attending organizational caucus or conference. 43b-3. Payments and reimbursements for certain House staff expenses. 43c. Repealed. 43d. Organizational expenses of Senator-elect. 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 46b. Omitted or Repealed. 46b-1. House revolving fund for stationery allowances; disposition of moneys from stationery sales; availability of unexpended balances. 46b-2 to 46d. Repealed. 46d-1. Long-distance telephone calls for Vice President. 46d-2 to 46i. Repealed. 47. Mode of payment. 48. Certification of salary and mileage accounts. 49. Certificate of salary during recess. 50. Substitute to sign certificates for salary and accounts. 51. Monuments to deceased Senators or House Members. 52, 53. Repealed. 54. Annotated United States Code for Members of House of Representatives to be paid for from Members' Representational Allowance. 55. United States Code Annotated or United States Code Service; procurement for Senators. 56. Repealed. 57. Adjustment of House of Representatives allowances by Committee on House Oversight. 57a. Limitation on allowance authority of Committee on House Oversight. 57b. Representational allowance for Members of House of Representatives. 58. Mail, telegraph, telephone, stationery, office supplies, and home State office and travel expenses for Senators. 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. 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. Repealed. 59. Home State office space for Senators; lease of office space. 59-1. Additional home State office space for Senators; declaration of disaster or emergency. 59a. Repealed. 59b. Purchase of office equipment or furnishings by Senators. 59c. Transferred. 59d. Transportation of official records and papers to House Members' district. 59d-1. Transportation of official records and papers to a Senator's State. 59e. Official mail of persons entitled to use congressional frank. 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. 59h. Mass mailing sent by House Members. -End- -CITE- 2 USC Sec. 31 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31. Compensation of Members of Congress -STATUTE- (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)(A) Subject to subparagraph (B), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of title 5 in the rates of pay under the General Schedule, each annual rate referred to in paragraph (1) shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the percentage of such annual rate which 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. (B) In no event shall the percentage adjustment taking effect under subparagraph (A) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5 in the rates of pay under the General Schedule. -SOURCE- (Aug. 2, 1946, ch. 753, title VI, Sec. 601(a), 60 Stat. 850; Jan. 19, 1949, ch. 2, Sec. 1(d), 63 Stat. 4; Mar. 2, 1955, ch. 9, Sec. 4(a), 69 Stat. 11; Pub. L. 88-426, title II, Sec. 204, Aug. 14, 1964, 78 Stat. 415; Pub. L. 89-301, Sec. 11(e), Oct. 29, 1965, 79 Stat. 1120; Pub. L. 91-67, Sec. 2, Sept. 15, 1969, 83 Stat. 107; Pub. L. 94-82, title II, Sec. 204(a), Aug. 9, 1975, 89 Stat. 421; Pub. L. 101-194, title VII, Sec. 704(a)(2)(B), Nov. 30, 1989, 103 Stat. 1769; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(b)(4)(D)], Nov. 5, 1990, 104 Stat. 1427, 1439; Pub. L. 103-356, title I, Sec. 101(1), Oct. 13, 1994, 108 Stat. 3410.) -REFTEXT- REFERENCES IN TEXT The General Schedule, referred to in par. (2), is set out under section 5332 of Title 5, Government Organization and Employees. Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in par. (2)(A), is section 704(a)(1) of Pub. L. 101-194, which is set out as a note under section 5318 of Title 5. -MISC1- PRIOR PROVISIONS A prior section 31, acts Feb. 26, 1907, ch. 1635, Sec. 4, 34 Stat. 993; Mar. 4, 1925, ch. 549, Sec. 4, 43 Stat. 1301; May 17, 1932, ch. 190, 47 Stat. 158, related to compensation of Members of Congress, prior to enactment of act Aug. 2, 1946. AMENDMENTS 1994 - Par. (2). Pub. L. 103-356 designated existing provisions as subpar. (A), substituted "Subject to subparagraph (B), effective" for "Effective", and added subpar. (B). 1990 - Par. (2). Pub. L. 101-509 substituted "5303" for "5305". 1989 - Par. (2). Pub. L. 101-194 substituted "the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect" for "the overall average percentage (as set forth in the report transmitted to the Congress under such section 5305) of the adjustment in the rates of pay under the General Schedule". 1975 - Pub. L. 94-82 designated existing provisions as par. (1), substituted provisions that rate of pay of the specified parties shall be determined under section 351 et seq. of this title, as adjusted by par. (2) for 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. EFFECTIVE DATE OF 1994 AMENDMENT Section 101 of Pub. L. 103-356 provided that the amendment made by that section is effective Dec. 31, 1994. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 704(b) of Pub. L. 101-194, set out as a note under section 5318 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-67 effective Mar. 1, 1969, see section 3 of Pub. L. 91-67, set out as a note under section 104 of Title 3, The President. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-301 effective on first day of first pay period which begins on or after October 1, 1965, see section 17 of Pub. L. 89-301. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-426 effective at noon, Jan. 3, 1965, see section 501(b) of Pub. L. 88-426. EFFECTIVE DATE OF 1955 AMENDMENT Section 5 of act Mar. 2, 1955, provided that: "The 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." EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Jan. 19, 1949, effective at noon, Jan. 20, 1949, see section 3 of act Jan. 19, 1949. EFFECTIVE DATE Section 601(a) of act Aug. 2, 1946, provided that the salary rates provided by such section 601(a) are effective Jan. 3, 1947. SHORT TITLE OF 1996 AMENDMENT Pub. L. 104-186, Sec. 1(a), Aug. 20, 1996, 110 Stat. 1718, provided that: "This Act [see Tables for classification] may be cited as the 'House of Representatives Administrative Reform Technical Corrections Act'." SHORT TITLE OF 1964 AMENDMENT Section 201 of title II of Pub. L. 88-426 provided that: "This title [enacting sections 61a, 61a-2, 61d, 61e, 60e-11, 84-2, 136a, 136b, and 273 of this title, sections 42a and 51a of former Title 31, Money and Finance, sections 162a, 166b, and 166b-1 of former Title 40, Public Buildings, Property, and Works, and section 39a of former Title 44, Public Printing and Documents, amending this section and section 72a of this title, and enacting provisions set out as notes under this section and sections 60a-1 and 60f of this title] may be cited as the 'Federal Legislative Salary Act of 1964'." COST OF LIVING ADJUSTMENT Pub. L. 103-6, Sec. 7, Mar. 4, 1993, 107 Stat. 35, provided that: "(a) Cost of Living Adjustment. - Notwithstanding section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)), the cost of living adjustment (relating to pay for Members of Congress) which would become effective under such provision of law during calendar year 1994 shall not take effect. "(b) Severability. - If any provision of this Act [enacting provisions set out as notes under sections 1 and 3304 of Title 26, Internal Revenue Code, and section 352 of Title 45, Railroads, and amending provisions set out as notes under section 3304 of Title 26 and section 352 of Title 45], or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected." ANNUAL RATE OF PAY INCREASE FOR CERTAIN MEMBERS OF CONGRESS SERVING ON OR AFTER JULY 1, 1983 Pub. L. 98-63, title I, Sec. 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, Sec. 6(c), Aug. 14, 1991, 105 Stat. 451. APPROPRIATION OF FUNDS FOR COMPENSATION OF MEMBERS OF CONGRESS AND FOR ADMINISTRATIVE EXPENSES AT LEVELS AUTHORIZED BY LAW AND RECOMMENDED BY THE PRESIDENT FOR FEDERAL EMPLOYEES Pub. L. 97-51, Sec. 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." COMMISSION ON JUDICIAL AND CONGRESSIONAL SALARIES 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, Sec. 8(a), Sept. 6, 1966, 80 Stat. 657. SALARY INCREASES For adjustment of pay rates under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organization and Employees. For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of this title. For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of Title 5, Government Organization and Employees. -End- -CITE- 2 USC Sec. 31-1 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31-1. Repealed. -MISC1- Sec. 31-1. Repealed. Pub. L. 102-90, title I, Sec. 6(c), Aug. 14, 1991, 105 Stat. 451. Section, Pub. L. 98-63, title I, Sec. 908(a)-(c), July 30, 1983, 97 Stat. 337, 338; Pub. L. 99-190, Sec. 137, Dec. 19, 1985, 99 Stat. 1323; Pub. L. 101-194, title VI, Sec. 601(b)(2), title XI, Sec. 1101(b), Nov. 30, 1989, 103 Stat. 1762, 1782; Pub. L. 101-280, Sec. 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. -End- -CITE- 2 USC Sec. 31-2 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31-2. Gifts and travel -STATUTE- (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. -SOURCE- (Pub. L. 101-194, title IX, Sec. 901, Nov. 30, 1989, 103 Stat. 1778; Pub. L. 101-280, Sec. 8, May 4, 1990, 104 Stat. 162; Pub. L. 102-90, title III, Sec. 314(c), Aug. 14, 1991, 105 Stat. 470.) -REFTEXT- REFERENCES IN TEXT Section 102(a)(2)(A) of the Ethics in Government Act of 1978, referred to in subsec. (a)(2)(B), is section 102(a)(2)(A) of title I of Pub. L. 95-521, as amended. 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, Sec. 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, Sec. 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. -MISC1- AMENDMENTS 1991 - Subsec. (a)(1). Pub. L. 102-90, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 314(c)(2), redesignated pars. (5) to (8) as (2) to (5), respectively. 1990 - Subsec. (a)(5)(D). Pub. L. 101-280, Sec. 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, Sec. 8(1)(B), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively. Subsec. (b). Pub. L. 101-280, Sec. 8(2), substituted "or child of such Member" for "of a Member" and struck out "(and 2 nights)" after "of 3 days" and "(and 6 nights)" after "or 7 days". EFFECTIVE DATE OF 1991 AMENDMENT Section 314(g) of Pub. L. 102-90, as amended by Pub. L. 102-378, Sec. 4(c), Oct. 2, 1992, 106 Stat. 1358, provided that: "(1) The amendments made by subsections (b) through (f) [amending this section, section 505 of the Ethics in Government Act of 1978, Pub. L. 95-521, set out in the Appendix to Title 5, Government Organization and Employees, and section 7701 of Title 26, Internal Revenue Code] shall take effect on January 1, 1992. "(2) The amendment made by subsection (a) [amending section 102 of the Ethics in Government Act of 1978, Pub. L. 95-521, set out in the Appendix to Title 5] shall take effect on January 1, 1993." [Amendment by Pub. L. 102-378 to section 314(g) of Pub. L. 102- 90, set out above, effective Dec. 31, 1991, see section 9(b)(1) of Pub. L. 102-378, set out as an Effective Date of 1992 Amendment note under section 6303 of Title 5.] -FOOTNOTE- (!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. -End- -CITE- 2 USC Sec. 31a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31a. Repealed. -MISC1- Sec. 31a. Repealed. Mar. 2, 1955, ch. 9, Sec. 4(b), 69 Stat. 11, eff. Mar. 1, 1955. Section, acts Aug. 2, 1946, ch. 753, title VI, Sec. 601(b), 60 Stat. 850; Oct. 20, 1951, ch. 521, title VI, Sec. 619(d), 65 Stat. 570, related to expense allowance for Senators, Representatives, Delegates, and Resident Commissioner. -End- -CITE- 2 USC Sec. 31a-1 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31a-1. Expense allowance of Majority and Minority Leaders of Senate; expense allowance of Majority and Minority Whips; methods of payment; taxability -STATUTE- Effective fiscal year 1978 and each fiscal year thereafter, the expense allowances of the Majority and Minority Leaders of the Senate are increased to $40,000 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 $10,000 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. -SOURCE- (Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 79; Pub. L. 95-94, title I, Sec. 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, Sec. 101, July 30, 1983, 97 Stat. 333; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 108-7, div. H, title I, Sec. 1(b)(1), (c), Feb. 20, 2003, 117 Stat. 349; Pub. L. 108-447, div. G, title I, Sec. 13(a)(1), Dec. 8, 2004, 118 Stat. 3171.) -COD- CODIFICATION 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. -MISC1- AMENDMENTS 2004 - Pub. L. 108-447 substituted "$40,000" for "$20,000". 2003 - Pub. L. 108-7 substituted "$20,000" for "$10,000" and "not exceed $10,000" for "not exceed $5,000". 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. EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-447, div. G, title I, Sec. 13(c), Dec. 8, 2004, 118 Stat. 3172, provided that: "The amendments made by this section [amending this section, section 32b of this title, and provisions set out as a note under section 32b of this title] shall apply to fiscal year 2005 and each fiscal year thereafter." EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108-7, div. H, title I, Sec. 1(f), Feb. 20, 2003, 117 Stat. 349, provided that: "The amendments made by this section [amending this section, sections 31a-3, 31a-4, and 32b of this title, and section 111 of Title 3, The President] shall apply to fiscal year 2003 and each fiscal year thereafter." -End- -CITE- 2 USC Sec. 31a-2 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31a-2. Representation Allowance Account for Majority and Minority Leaders of Senate -STATUTE- (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. -SOURCE- (Pub. L. 99-88, title I, Sec. 197, Aug. 15, 1985, 99 Stat. 350.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1985. -End- -CITE- 2 USC Sec. 31a-2a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31a-2a. Transfer of funds from representation allowance of Majority and Minority Leaders of Senate to expense allowance; availability; definitions -STATUTE- (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. -SOURCE- (Pub. L. 100-71, title I, Sec. 1, July 11, 1987, 101 Stat. 422.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1987. -End- -CITE- 2 USC Sec. 31a-2b 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31a-2b. Transfer of funds from appropriations account of Majority and Minority Leaders of Senate to appropriations account, Miscellaneous Items, within Senate contingent fund -STATUTE- (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. -SOURCE- (Pub. L. 102-27, title II, Apr. 10, 1991, 105 Stat. 144.) -COD- CODIFICATION Section is from the Dire Emergency Supplemental Appropriations for Consequences of Operation Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation Administration, Veterans Compensation and Pensions, and Other Urgent Needs Act of 1991. -End- -CITE- 2 USC Sec. 31a-2c 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31a-2c. Transfer of funds from appropriations account of Majority and Minority Whips of Senate to appropriations account, Miscellaneous Items, within Senate contingent fund -STATUTE- (a) Requests for transfers Upon the written request of the Majority or Minority Whip of the Senate, the Secretary of the Senate shall transfer during any fiscal year, from the appropriations account appropriated under the headings "Salaries, Officers and Employees" and "offices of the majority and minority whips", such amount as either whip shall specify to the appropriations account, within the contingent fund of the Senate, "miscellaneous items". (b) Authority to incur expenses The Majority and Minority Whips of the Senate are each authorized to incur such expenses as may be necessary or appropriate. Expenses incurred by either such whip shall be paid from the amount transferred pursuant to subsection (a) of this section by such whip and upon vouchers approved by such whip. (c) Authority to advance sums The Secretary of the Senate is authorized to advance such sums as may be necessary to defray expenses incurred in carrying out subsections (a) and (b) of this section. -SOURCE- (Pub. L. 105-55, title I, Sec. 2, Oct. 7, 1997, 111 Stat. 1180.) -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1998, which is title I of the Legislative Branch Appropriations Act, 1998. -End- -CITE- 2 USC Sec. 31a-2d 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31a-2d. Transfer of funds from appropriations account of the Office of the Vice President and the Offices of the Secretaries for the Majority and Minority to the Senate contingent fund -STATUTE- (a) Office of the Vice President (1) In general Upon the written request of the Vice President, the Secretary of the Senate shall transfer from the appropriations account appropriated under the subheading "office of the vice president" under the heading "Salaries, Officers and Employees" such amount as the Vice President shall specify to the appropriations account under the heading "miscellaneous items" within the contingent fund of the Senate. (2) Authority to incur expenses The Vice President may incur such expenses as may be necessary or appropriate. Expenses incurred by the Vice President shall be paid from the amount transferred under paragraph (1) by the Vice President and upon vouchers approved by the Vice President. (3) Authority to advance sums The Secretary of the Senate may advance such sums as may be necessary to defray expenses incurred in carrying out paragraphs (1) and (2). (b) Offices of the Secretaries for the Majority and Minority (1) In general Upon the written request of the Secretary for the Majority or the Secretary for the Minority, the Secretary of the Senate shall transfer from the appropriations account appropriated under the subheading "offices of the secretaries for the majority and minority" under the heading "Salaries, Officers and Employees" such amount as the Secretary for the Majority or the Secretary for the Minority shall specify to the appropriations account under the heading "miscellaneous items" within the contingent fund of the Senate. (2) Authority to incur expenses The Secretary for the Majority or the Secretary for the Minority may incur such expenses as may be necessary or appropriate. Expenses incurred by the Secretary for the Majority or the Secretary for the Minority shall be paid from the amount transferred under paragraph (1) by the Secretary for the Majority or the Secretary for the Minority and upon vouchers approved by the Secretary for the Majority or the Secretary for the Minority, as applicable. (3) Authority to advance sums The Secretary of the Senate may advance such sums as may be necessary to defray expenses incurred in carrying out paragraphs (1) and (2). (c) Effective date This section shall apply to fiscal year 2005 and each fiscal year thereafter. -SOURCE- (Pub. L. 108-447, div. G, title I, Sec. 5, Dec. 8, 2004, 118 Stat. 3169.) -COD- CODIFICATION Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005. -End- -CITE- 2 USC Sec. 31a-3 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31a-3. Expense allowance for Chairmen of Majority and Minority Conference Committees of Senate; method of payment; taxability -STATUTE- 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 $5,000 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. -SOURCE- (Pub. L. 99-88, title I, Aug. 15, 1985, 99 Stat. 348; Pub. L. 108- 7, div. H, title I, Sec. 1(d), Feb. 20, 2003, 117 Stat. 349.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1985. -MISC1- AMENDMENTS 2003 - Pub. L. 108-7 substituted "not exceed $5,000" for "not exceed $3,000". EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-7 applicable to fiscal year 2003 and each fiscal year thereafter, see section 1(f) of Pub. L. 108-7, set out as a note under section 31a-1 of this title. -End- -CITE- 2 USC Sec. 31a-4 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31a-4. Expense allowance for Chairmen of Majority and Minority Policy Committees of Senate; method of payment; taxability -STATUTE- For each fiscal year (commencing with the fiscal year ending September 30, 2001), there is authorized an expense allowance for the Chairmen of the Majority and Minority Policy Committees which shall not exceed $5,000 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. -SOURCE- (Pub. L. 106-554, Sec. 1(a)(2) [title I, Sec. 5], Dec. 21, 2000, 114 Stat. 2763, 2763A-97; Pub. L. 108-7, div. H, title I, Sec. 1(e), Feb. 20, 2003, 117 Stat. 349.) -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 2001, which is title I of the Legislative Branch Appropriations Act, 2001. -MISC1- AMENDMENTS 2003 - Pub. L. 108-7 substituted "$5,000" for "$3,000". EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-7 applicable to fiscal year 2003 and each fiscal year thereafter, see section 1(f) of Pub. L. 108-7, set out as a note under section 31a-1 of this title. -End- -CITE- 2 USC Sec. 31b 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31b. Expense allowance of Speaker of House of Representatives -STATUTE- There shall be paid to the Speaker of the House of Representatives in equal monthly installments an expense allowance of $10,000 per annum to assist in defraying expenses relating to or resulting from the discharge of his official duties, for which no accounting, other than for income tax purposes, shall be made by him. -SOURCE- (Jan. 19, 1949, ch. 2, Sec. 1(e), 63 Stat. 4; Oct. 20, 1951, ch. 521, title VI, Sec. 619(c), 65 Stat. 570; Pub. L. 104-186, title II, Sec. 203(1), Aug. 20, 1996, 110 Stat. 1725.) -MISC1- AMENDMENTS 1996 - Pub. L. 104-186 struck out "(which shall be in lieu of the allowance provided by section 601(b) of the Legislative Reorganization Act of 1946, as amended)" after "per annum". 1951 - Act Oct. 20, 1951, made Speaker's expense allowance taxable. EFFECTIVE DATE OF 1951 AMENDMENT Amendment by act Oct. 20, 1951, effective at noon, Jan. 3, 1953, see section 619(e) of act Oct. 20, 1951, set out as a note under section 102 of Title 3, The President. EFFECTIVE DATE Section effective at noon, Jan. 20, 1949, see section 3 of act Jan. 19, 1949. -End- -CITE- 2 USC Sec. 31b-1 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31b-1. Former Speakers of House of Representatives; retention of office, furniture, etc., in Congressional district following expiration of term as Representative; exceptions -STATUTE- (a) Each former Speaker of the House of Representatives (hereafter referred to in sections 31b-1 to 31b-7 of this title as the "Speaker") is entitled to retain, for as long as he determines there is need therefor, commencing at the 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-7 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. -SOURCE- (Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93- 532, Sec. 1, Dec. 22, 1974, 88 Stat. 1723; Pub. L. 99-225, Dec. 28, 1985, 99 Stat. 1743.) -COD- CODIFICATION Subsection (a) of this section is based on section 1 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, which was enacted into permanent law by Pub. L. 91-665. Subsection (b) of this section is based on section 1(b) of Pub. L. 93-532. As originally enacted into permanent law, section 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. -MISC1- AMENDMENTS 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". EFFECTIVE DATE 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]." EXTENSION OF HOUSE RESOLUTION NO. 1238, 91ST CONGRESS, 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." -End- -CITE- 2 USC Sec. 31b-2 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 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 -STATUTE- The Speaker is entitled to have the applicable accounts of the House of Representatives 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 Members' Representational Allowance (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. -SOURCE- (Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93- 532, Sec. 1(a), Dec. 22, 1974, 88 Stat. 1723; Pub. L. 99-151, title I, Sec. 102(b), Nov. 13, 1985, 99 Stat. 797; Pub. L. 104-186, title II, Sec. 203(2), Aug. 20, 1996, 110 Stat. 1725.) -COD- CODIFICATION 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. -MISC1- AMENDMENTS 1996 - Pub. L. 104-186 substituted "applicable accounts of the House of Representatives" for "contingent fund of the House" and "Members' Representational Allowance" for "base allowance component of the Official Expenses Allowance then currently in effect for each Member of the House". 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,". EFFECTIVE DATE Section effective Jan. 8, 1971, see Effective Date note set out under section 31b-1 of this title. -CROSS- CROSS REFERENCES For establishment of Members' Representational Allowance, see section 57b of this title. -End- -CITE- 2 USC Sec. 31b-3 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31b-3. Repealed. -MISC1- Sec. 31b-3. Repealed. Pub. L. 99-151, title I, Sec. 102(b), Nov. 13, 1985, 99 Stat. 797. Section, based on H. Res. No. 1238, Sec. 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, Sec. 1(a), Dec. 22, 1974, 88 Stat. 1723, provided for reimbursement of former Speaker of House for telephone service charges for administration, etc., of matters pertaining to incumbency in office as Representative and Speaker. -End- -CITE- 2 USC Sec. 31b-4 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31b-4. Franked mail and printing privileges of former Speaker -STATUTE- (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. -SOURCE- (Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93- 532, Sec. 1(a), Dec. 22, 1974, 88 Stat. 1723.) -COD- CODIFICATION 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. -MISC1- EFFECTIVE DATE Section effective Jan. 8, 1971, see Effective Date note set out under section 31b-1 of this title. -End- -CITE- 2 USC Sec. 31b-5 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 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 -STATUTE- 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 for payment of 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 11 of level 13 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 8 of level 12 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. -SOURCE- (Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93- 532, Sec. 1(a), Dec. 22, 1974, 88 Stat. 1723; Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668; Pub. L. 99-151, title I, Sec. 102(a), Nov. 13, 1985, 99 Stat. 797; Pub. L. 104-186, title II, Sec. 203(3), Aug. 20, 1996, 110 Stat. 1725; Pub. L. 108-447, div. G, title I, Sec. 110, Dec. 8, 2004, 118 Stat. 3177.) -COD- CODIFICATION 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. -MISC1- AMENDMENTS 2004 - Pub. L. 108-447 substituted "step 11 of level 13" for "step 5 of level 11" and "step 8 of level 12" for "step 9 of level 8". 1996 - Pub. L. 104-186 substituted "for payment of" for "to enable the Clerk of the House to pay". 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". EFFECTIVE DATE OF 1977 AMENDMENT 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. EFFECTIVE DATE Section effective Jan. 8, 1971, see Effective Date note set out under section 31b-1 of this title. -End- -CITE- 2 USC Sec. 31b-6 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31b-6. Repealed. -MISC1- Sec. 31b-6. Repealed. Pub. L. 99-151, title I, Sec. 102(b), Nov. 13, 1985, 99 Stat. 797. Section, based on H. Res. No. 1238, Sec. 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, Sec. 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. -End- -CITE- 2 USC Sec. 31b-7 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31b-7. Availability of entitlements of former Speaker for 5 years -STATUTE- The entitlements of a former Speaker of the House of Representatives under sections 31b-1 to 31b-7 of this title shall be available - (1) in the case of an individual who is a former Speaker on October 1, 1993, for 5 years, commencing on October 1, 1993; and (2) in the case of an individual who becomes a former Speaker after October 1, 1993, for 5 years, commencing at the expiration of the term of office of the individual as a Representative in Congress. -SOURCE- (Pub. L. 103-69, title I, Sec. 101A(a), Aug. 11, 1993, 107 Stat. 699.) -COD- CODIFICATION Section is based on section 8 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, as added by Pub. L. 103-69. House Resolution No. 1238 was enacted into permanent law by Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989. -MISC1- EFFECTIVE DATE Section 101A(b) of Pub. L. 103-69 provided that: "The amendment made by subsection (a) [enacting this section] shall take effect on October 1, 1993." -End- -CITE- 2 USC Sec. 31c 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 31c. Repealed. -MISC1- Sec. 31c. Repealed. Pub. L. 97-51, Sec. 139(b)(2), Oct. 1, 1981, 95 Stat. 967. 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. EFFECTIVE DATE OF REPEAL 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. -End- -CITE- 2 USC Sec. 32 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 32. Compensation of President pro tempore of Senate -STATUTE- 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. -SOURCE- (R.S. Sec. 36.) -COD- CODIFICATION R.S. Sec. 36 derived from act Aug. 16, 1856, ch. 123, Sec. 2, 11 Stat. 48. -CROSS- CROSS REFERENCES Compensation of Vice President, see section 104 of Title 3, The President. -End- -CITE- 2 USC Sec. 32a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 32a. Compensation of Deputy President pro tempore of Senate -STATUTE- 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. -SOURCE- (Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 79.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1977. -End- -CITE- 2 USC Sec. 32b 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 32b. Expense allowance of President pro tempore of Senate; methods of payment; taxability -STATUTE- 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 $40,000 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. -SOURCE- (Pub. L. 95-355, title I, Sept. 8, 1978, 92 Stat. 532; Pub. L. 99- 514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 108-7, div. H, title I, Sec. 1(b)(2), Feb. 20, 2003, 117 Stat. 349; Pub. L. 108- 447, div. G, title I, Sec. 13(a)(2), Dec. 8, 2004, 118 Stat. 3171.) -MISC1- AMENDMENTS 2004 - Pub. L. 108-447 substituted "$40,000" for "$20,000". 2003 - Pub. L. 108-7 substituted "$20,000" for "$10,000". 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. EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108-447 applicable to fiscal year 2005 and each fiscal year thereafter, see section 13(c) of Pub. L. 108-447, set out as a note under section 31a-1 of this title. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-7 applicable to fiscal year 2003 and each fiscal year thereafter, see section 1(f) of Pub. L. 108-7, set out as a note under section 31a-1 of this title. OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS OF THE SENATE Pub. L. 108-7, div. H, title I, Sec. 7, Feb. 20, 2003, 117 Stat. 350, as amended by Pub. L. 108-447, div. G, title I, Secs. 4, 13(b), Dec. 8, 2004, 118 Stat. 3169, 3171, established the Office of the President pro tempore emeritus of the Senate applicable only with respect to the 108th Congress and the 109th Congress. -End- -CITE- 2 USC Sec. 33 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 33. Senators' salaries -STATUTE- 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. -SOURCE- (June 19, 1934, ch. 648, title I, Sec. 1, 48 Stat. 1022; Pub. L. 97- 51, Sec. 112(b)(2), Oct. 1, 1981, 95 Stat. 963.) -MISC1- PRIOR PROVISIONS A prior section 33, act Mar. 3, 1883, ch. 143, 22 Stat. 632, entitled Senators to receive their compensation monthly, from the beginning of their term, prior to repeal by section 112(b)(1) of Pub. L. 97-51. AMENDMENTS 1981 - Pub. L. 97-51 struck out "monthly" after "may receive their compensation". EFFECTIVE DATE OF 1981 AMENDMENT 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." -End- -CITE- 2 USC Sec. 34 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 34. Representatives' and Delegates' salaries payable monthly -STATUTE- 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. -SOURCE- (R.S. Sec. 38; Mar. 3, 1875, ch. 130, Sec. 1, 18 Stat. 389.) -COD- CODIFICATION R.S. Sec. 38 derived from act Mar. 3, 1873, ch. 226, Sec. 1, 17 Stat. 488. -End- -CITE- 2 USC Sec. 35 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 35. Salaries payable monthly after taking oath -STATUTE- 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. -SOURCE- (R.S. Sec. 39.) -COD- CODIFICATION R.S. Sec. 39 derived from Res. Mar. 29, 1867, No. 18, 15 Stat. 24. -End- -CITE- 2 USC Sec. 35a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 35a. End-of-the-month salary payment schedule inapplicable to Senators -STATUTE- Section 35 of this title shall not be construed as being applicable to a Senator. -SOURCE- (Pub. L. 97-51, Sec. 112(c), Oct. 1, 1981, 95 Stat. 963.) -COD- CODIFICATION 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. -MISC1- EFFECTIVE DATE 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. -End- -CITE- 2 USC Sec. 36 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 36. Salaries of Senators -STATUTE- 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. -SOURCE- (Feb. 10, 1923, ch. 68, 42 Stat. 1225; Feb. 6, 1931, ch. 111, 46 Stat. 1065; June 19, 1934, ch. 648, title I, Sec. 1, 48 Stat. 1022; Feb. 13, 1935, ch. 6, Sec. 1, 49 Stat. 22, 23.) -MISC1- PRIOR PROVISIONS July 31, 1894, ch. 174, 28 Stat. 162. R.S. Sec. 51. AMENDMENTS 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". CONSTITUTIONAL PROVISIONS 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." -End- -CITE- 2 USC Sec. 36a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 36a. Payment of sums due deceased Senators and Senate personnel -STATUTE- 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 (!1) shall not be effective as to persons included within the foregoing. -SOURCE- (Jan. 6, 1951, ch. 1213, Ch. I, Sec. 1, 64 Stat. 1224; Pub. L. 92- 607, ch. V, Sec. 503, Oct. 31, 1972, 86 Stat. 1505.) -REFTEXT- REFERENCES IN TEXT Section 50 of the Revised Statutes, referred to in text, was classified to section 38 of this title and was repealed by Pub. L. 104-186, title II, Sec. 203(4), Aug. 20, 1996, 110 Stat. 1725. See section 38a of this title. -MISC1- AMENDMENTS 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. -FOOTNOTE- (!1)See References in Text note below. -End- -CITE- 2 USC Sec. 37 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 37. Salaries of Representatives, Delegates, and Resident Commissioners elected for unexpired terms -STATUTE- 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. -SOURCE- (July 16, 1914, ch. 141, Sec. 1, 38 Stat. 458.) -End- -CITE- 2 USC Sec. 38 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 38. Repealed. -MISC1- Sec. 38. Repealed. Pub. L. 104-186, title II, Sec. 203(4), Aug. 20, 1996, 110 Stat. 1725. Section, R.S. Secs. 49, 50; acts Jan. 20, 1874, ch. 11, 18 Stat. 4; Mar. 4, 1925, ch. 549, Sec. 4, 43 Stat. 1301, related to pay of member dying after commencement of Congress. See section 38a of this title. -End- -CITE- 2 USC Sec. 38a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 38a. Disposition of unpaid salary and other sums on death of Representative or Resident Commissioner -STATUTE- 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 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 Chief Administrative Officer of the House of Representatives and received by the Chief Administrative Officer 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. -SOURCE- (July 2, 1954, ch. 455, title I, Sec. 105, 68 Stat. 409; Pub. L. 86- 102, July 23, 1959, 73 Stat. 224; Pub. L. 104-186, title II, Sec. 203(5), Aug. 20, 1996, 110 Stat. 1725.) -MISC1- AMENDMENTS 1996 - Pub. L. 104-186 struck out "(including amounts held in the trust fund account in the office of the Sergeant at Arms)" after "due such individual" in first undesignated par. and substituted "Chief Administrative Officer of the House of Representatives and received by the Chief Administrative Officer" for "Sergeant at Arms, and received by the Sergeant at Arms" in second undesignated par. 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. -End- -CITE- 2 USC Sec. 38b 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 38b. Death gratuity payments as gifts -STATUTE- Any death gratuity payment at any time specifically appropriated by any Act of Congress or at any time made out of the applicable accounts of the House of Representatives or the contingent fund of the Senate shall be held to have been a gift. -SOURCE- (June 5, 1952, ch. 369, Ch. I, 66 Stat. 101; Pub. L. 104-186, title II, Sec. 203(6), Aug. 20, 1996, 110 Stat. 1725.) -COD- CODIFICATION Section is also set out as section 125a of this title. -MISC1- AMENDMENTS 1996 - Pub. L. 104-186 substituted "applicable accounts of the House of Representatives or the contingent fund" for "contingent fund of the House of Representatives or". -End- -CITE- 2 USC Sec. 39 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 39. Deductions for absence -STATUTE- The Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives) 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 House, unless such Member or Delegate assigns as the reason for such absence the sickness of himself or of some member of his family. -SOURCE- (R.S. Sec. 40; Pub. L. 97-51, Sec. 112(d), Oct. 1, 1981, 95 Stat. 963; Pub. L. 104-186, title II, Sec. 203(7), Aug. 20, 1996, 110 Stat. 1726; Pub. L. 109-55, title I, Sec. 5, Aug. 2, 2005, 119 Stat. 568.) -COD- CODIFICATION R.S. Sec. 40 derived from act Aug. 16, 1856, ch. 123, Sec. 6, 11 Stat. 49. -MISC1- AMENDMENTS 2005 - Pub. L. 109-55 struck out "Secretary of the Senate and the" before "Chief Administrative Officer", ", respectively," before "shall deduct from", ", respectively" before ", unless such Member", and "Senate or" after "absent from the". 1996 - Pub. L. 104-186 substituted "the Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives)" for "Sergeant-at-Arms of the House". 1981 - Pub. L. 97-51 substituted "from the monthly payments (or other periodic payments authorized by law)" for "from the monthly payments". EFFECTIVE DATE OF 1981 AMENDMENT 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. -End- -CITE- 2 USC Sec. 40 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 40. Deductions for withdrawal -STATUTE- 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. -SOURCE- (R.S. Sec. 41.) -COD- CODIFICATION R.S. Sec. 41 derived from Res. July 17, 1862, No. 68, Sec. 2, 12 Stat. 628. -End- -CITE- 2 USC Sec. 40a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 40a. Deductions for delinquent indebtedness -STATUTE- 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 Chief Administrative Officer of the House of Representatives 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 Chief Administrative Officer of the House of Representatives shall be disposed of by him in accordance with existing law. -SOURCE- (June 19, 1934, ch. 648, title I, Sec. 1, 48 Stat. 1024; Pub. L. 104-186, title II, Sec. 203(8), Aug. 20, 1996, 110 Stat. 1726.) -MISC1- AMENDMENTS 1996 - Pub. L. 104-186 substituted "Chief Administrative Officer of the House of Representatives in" for "Sergeant at Arms of the House in" and "Chief Administrative Officer of the House of Representatives shall be" for "Sergeant at Arms of the House shall be paid to the Clerk of the House and". -End- -CITE- 2 USC Secs. 41, 42 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Secs. 41, 42. Repealed. -MISC1- Secs. 41, 42. Repealed. Pub. L. 104-186, title II, Sec. 203(9)(A), (10), Aug. 20, 1996, 110 Stat. 1726. Section 41, R.S. Sec. 43, provided that no Member or Delegate was entitled to any allowance for newspapers. Section 42, based on H. Res. No. 420, Ninety-second Congress, May 18, 1971, enacted into permanent law by Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 636, related to furnishing of postage stamps to Members, committees, and officers of House of Representatives. A prior section 42, R.S. Sec. 44, which proscribed compensation or allowance to Senators, Representatives, or Delegates for postage, was repealed by Pub. L. 104-186, title II, Sec. 203(11), Aug. 20, 1996, 110 Stat. 1726. See sections 42a and 46a of this title. APPLICABILITY OF PROHIBITION DURING NINETY-FIFTH CONGRESS Section 302(c) of H. Res. No. 287, Ninety-fifth Congress, Mar. 2, 1977, enacted into permanent law by Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668, which provided that former section 41 of this title was to have no effect during the Ninety-fifth Congress, was repealed by Pub. L. 104-186, title II, Sec. 203(9)(B), Aug. 20, 1996, 110 Stat. 1726. -End- -CITE- 2 USC Sec. 42a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 42a. Special delivery postage allowance for President of Senate -STATUTE- 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. -SOURCE- (Pub. L. 97-51, Sec. 127(a)(1), Oct. 1, 1981, 95 Stat. 965.) -MISC1- PRIOR PROVISIONS 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, Sec. 506(k)(1), formerly Sec. 506(h)(1), 86 Stat. 1508, redesignated Sec. 506(i)(1) by Pub. L. 95-391, title I, Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j)(1) by Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, and redesignated Sec. 506(k)(1) by Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, provided for an airmail and special-delivery postage allowance for President of the Senate, prior to repeal by section 127(a)(2) of Pub. L. 97-51. -End- -CITE- 2 USC Secs. 42a-1, 42b 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Secs. 42a-1, 42b. Omitted -COD- CODIFICATION 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 former 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 former section 42c of this title. -End- -CITE- 2 USC Secs. 42c, 42d 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Secs. 42c, 42d. Repealed. -MISC1- Secs. 42c, 42d. Repealed. Pub. L. 104-186, title II, Sec. 203(12), Aug. 20, 1996, 110 Stat. 1726. Section 42c, Pub. L. 85-778, Sec. 1, Aug. 27, 1958, 72 Stat. 934; H. Res. No. 532, Eighty-eighth Congress, Oct. 2, 1963, enacted into permanent law by Pub. L. 88-454, Sec. 103, Aug. 20, 1964, 78 Stat. 550; H. Res. No. 1003, Ninetieth Congress, Dec. 14, 1967, enacted into permanent law by Pub. L. 90-392, title I, July 9, 1968, 82 Stat. 318, related to airmail and special delivery stamps for House Members and standing committees. Section 42d, Pub. L. 85-778, Sec. 2, Aug. 27, 1958, 72 Stat. 934; H. Res. No. 532, Eighty-eighth Congress, Oct. 2, 1963, enacted into permanent law by Pub. L. 88-454, Sec. 103, Aug. 20, 1964, 78 Stat. 550; H. Res. No. 1003, Ninetieth Congress, Dec. 14, 1967, enacted into permanent law by Pub. L. 90-392, title I, July 9, 1968, 82 Stat. 318, related to airmail and special delivery stamps for House Speaker, leaders, whips, and officers. EXISTING ENTITLEMENTS Sections 3 and 4 of Pub. L. 85-778, which provided that Members, committees, and officers of the House of Representatives retained their existing entitlements to airmail and special delivery postage stamps until June 30, 1959, and thereafter the airmail and special delivery stamps made available under former sections 42c and 42d of this title were to be in lieu of any made available under any other law, were repealed by Pub. L. 104-186, title II, Sec. 203(12), Aug. 20, 1996, 110 Stat. 1726. -End- -CITE- 2 USC Secs. 43, 43a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Secs. 43, 43a. Omitted -COD- CODIFICATION Section 43, acts July 28, 1866, ch. 296, Sec. 17, 14 Stat. 323; Aug. 11, 1993, Pub. L. 103-69, title III, Sec. 310(a), 107 Stat. 712, provided for Senators to receive mileage for travel to and from regular sessions, and was omitted from the Code in view of the termination of mileage under this section for Senators by section 1(a) of Pub. L. 104-53, set out below. Section 43a, acts July 8, 1935, ch. 374, 49 Stat. 459; Aug. 11, 1993, Pub. L. 103-69, title III, Sec. 310(b), 107 Stat. 712, provided for President of Senate to be paid mileage, and was omitted from the Code in view of the termination of mileage under this section for President of Senate by section 1(b) of Pub. L. 104- 53, set out below. -MISC1- TERMINATION OF MILEAGE FOR SENATORS AND PRESIDENT OF SENATE Pub. L. 104-53, title I, Sec. 1, Nov. 19, 1995, 109 Stat. 517, provided that: "(a) On and after October 1, 1995, no Senator shall receive mileage under section 17 of the Act of July 28, 1866 (2 U.S.C. 43). "(b) On and after October 1, 1995, the President of the Senate shall not receive mileage under the first section of the Act of July 8, 1935 (2 U.S.C. 43a)." -End- -CITE- 2 USC Secs. 43b, 43b-1 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Secs. 43b, 43b-1. Repealed. -MISC1- Secs. 43b, 43b-1. Repealed. Pub. L. 104-186, title II, Sec. 203(13), (14), Aug. 20, 1996, 110 Stat. 1726. Section 43b, 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, Sec. 1, Aug. 28, 1965, 79 Stat. 583; Pub. L. 89-545, Aug. 27, 1966, 80 Stat. 358; Pub. L. 90-86, Sec. 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, Secs. 502, 506(k)(2), formerly Sec. 506(h)(2), Oct. 31, 1972, 86 Stat. 1504, 1508, renumbered Sec. 506(i)(2), Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, renumbered Sec. 506(j)(2), Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, renumbered Sec. 506(k)(2), Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, provided for reimbursement of House Members for additional transportation expenses. Section 43b-1, Pub. L. 89-147, Sec. 2, Aug. 28, 1965, 79 Stat. 583; Pub. L. 90-86, Sec. 2, Sept. 17, 1967, 81 Stat. 226, authorized election by House Members of lump sum transportation payments in lieu of reimbursement of transportation expenses. -End- -CITE- 2 USC Sec. 43b-2 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 43b-2. Staff expenses for House Members attending organizational caucus or conference -STATUTE- (a) In general 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) Per diem expenses of staff person 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. (c) Orientation programs for new Members With the approval of the majority leader (in the case of a Member or Member-elect of the majority party) or the minority leader (in the case of a Member or Member-elect of the minority party), subsections (a) and (b) of this section shall apply with respect to the attendance of a Member or Member-elect at a program conducted by the Committee on House Administration for the orientation of new members (!1) in the same manner as such provisions apply to the attendance of the Member or Member-elect at the organizational caucus or conference. -SOURCE- (Pub. L. 94-59, title II, Sec. 201, July 25, 1975, 89 Stat. 282; Pub. L. 108-447, div. G, title I, Sec. 107(b)(2), (c)(2), Dec. 8, 2004, 118 Stat. 3176.) -COD- CODIFICATION 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. -MISC1- AMENDMENTS 2004 - Subsec. (b). Pub. L. 108-447, Sec. 107(b)(2), substituted a period for "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." Subsec. (c). Pub. L. 108-447, Sec. 107(c)(2), added subsec. (c). EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108-447 applicable with respect to the One Hundred Tenth Congress and each succeeding Congress, see section 107(d) of Pub. L. 108-447, set out as a note under section 29a of this title. -FOOTNOTE- (!1) So in original. Probably should be capitalized. -End- -CITE- 2 USC Sec. 43b-3 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 43b-3. Payments and reimbursements for certain House staff expenses -STATUTE- (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 Oversight with respect to travel and other expenses of staff. Reimbursements shall be paid on special voucher forms prescribed by the Committee on House Oversight. (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 Oversight. -SOURCE- (Pub. L. 94-59, title II, Sec. 201, July 25, 1975, 89 Stat. 282; Pub. L. 104-186, title II, Sec. 203(15), Aug. 20, 1996, 110 Stat. 1727.) -COD- CODIFICATION 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. -MISC1- AMENDMENTS 1996 - Pub. L. 104-186 substituted "House Oversight" for "House Administration" wherever appearing. -CHANGE- CHANGE OF NAME Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. -End- -CITE- 2 USC Sec. 43c 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 43c. Repealed. -MISC1- Sec. 43c. Repealed. Pub. L. 89-147, Sec. 4, Aug. 28, 1965, 79 Stat. 584. Section, Pub. L. 86-628, Sec. 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. -End- -CITE- 2 USC Sec. 43d 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 43d. Organizational expenses of Senator-elect -STATUTE- (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 telegrams, telephone services, and stationery expenses (1) Each Senator-elect is authorized to be reimbursed for expenses incurred for telegrams, telephone services, and stationery 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. -SOURCE- (Pub. L. 95-355, title I, Sec. 105, Sept. 8, 1978, 92 Stat. 534; Pub. L. 104-197, title I, Sec. 2, Sept. 16, 1996, 110 Stat. 2397.) -MISC1- AMENDMENTS 1996 - Subsec. (d)(1). Pub. L. 104-197 substituted ", telephone services, and stationery" for "and telephone services". SENATORS' OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT 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. -End- -CITE- 2 USC Secs. 44 to 46 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Secs. 44 to 46. Omitted -COD- CODIFICATION Section 44, act May 7, 1906, ch. 2083, Sec. 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, Sec. 8, 32 Stat. 694; Aug. 29, 1916, ch. 416, Sec. 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, Sec. 20, 39 Stat. 552, from which section 45 of this title was derived, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 643. Section 46, acts Mar. 2, 1917, ch. 145, Sec. 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 former section 43b-1 of this title. -End- -CITE- 2 USC Sec. 46a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -HEAD- Sec. 46a. Stationery allowance for President of Senate -STATUTE- Effective April 1, 1975, and each fiscal year thereafter, the annual allowance for stationery for the President of the Senate shall be $8,000. -SOURCE- (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; Pub. L. 88-258, title IV, Jan. 6, 1964, 77 Stat. 864; Pub. L. 90-21, title I, May 29, 1967, 81 Stat. 38; Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 342; Pub. L. 92- 51, July 9, 1971, 85 Stat. 128; Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 635; Pub. L. 92-607, ch. V, Sec. 506(k)(3), formerly Sec. 506(h)(3), Oct. 31, 1972, 86 Stat. 1508, renumbered Sec. 506(i)(3), Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, renumbered Sec. 506(j)(3), Pub. L. 96-304, title I, Sec. 101(e), July 8, 1980, 94 Stat. 889, renumbered Sec. 506(k)(3), Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189; Pub. L. 94-32, title I, June 12, 1975, 89 Stat. 182; Pub. L. 108-7, div. H, title I, Sec. 2(a), Feb. 20, 2003, 117 Stat. 349.) -COD- CODIFICATION Section is from Legislative Branch Appropriation Act, 1942, and subsequent Legislative Branch Appropriation Acts. -MISC1- AMENDMENTS 2003 - Pub. L. 108-7 substituted "$8,000" for "$4,500". 1975 - Pub. L. 94-32 substituted "Effective April 1, 1975, and each fiscal year thereaft