-CITE- 2 USC TITLE 2 - THE CONGRESS 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS -HEAD- TITLE 2 - THE CONGRESS -MISC1- Chap. Sec. 1. Election of Senators and Representatives 1 2. Organization of Congress 21 3. Compensation and Allowances of Members 31 4. Officers and Employees of Senate and House of Representatives 60 5. Library of Congress 131 6. Congressional and Committee Procedure; Investigations 190 7. Contested Elections [Repealed] 201 8. Federal Corrupt Practices [Repealed] 241 8A. Regulation of Lobbying [Repealed] 261 9. Office of Legislative Counsel 271 9A. Office of Law Revision Counsel 285 9B. Legislative Classification Office [Repealed] 286 9C. Office of Parliamentarian of House of Representatives 287 9D. Office of Senate Legal Counsel 288 10. Classification of Employees of House of Representatives 291 10A. Payroll Administration in House of Representatives 331 11. Citizens' Commission on Public Service and Compensation 351 12. Contested Elections 381 13. Joint Committee on Congressional Operations [Repealed] 411 14. Federal Election Campaigns 431 15. Office of Technology Assessment 471 16. Congressional Mailing Standards 501 17. Congressional Budget Office 601 17A. Congressional Budget and Fiscal Operations 621 17B. Impoundment Control 681 18. Legislative Personnel Financial Disclosure Requirements [Transferred] 701 19. Congressional Award Program 801 19A. John Heinz Competitive Excellence Award 831 20. Emergency Powers To Eliminate Budget Deficits 900 21. Civic Achievement Award Program in Honor of Office of Speaker of House of Representatives [Repealed] 1001 22. John C. Stennis Center for Public Service Training and Development 1101 22A. Open World Leadership Center 1151 22B. Hunger Fellowship Program 1161 23. Government Employee Rights [Transferred or Repealed] 1201 24. Congressional Accountability 1301 25. Unfunded Mandates Reform 1501 26. Disclosure of Lobbying Activities 1601 27. Sound Recording Preservation by the Library of Congress 1701 28. Architect of the Capitol 1801 29. Capitol Police 1901 30. Operation and Maintenance of Capitol Complex 2001 -End- -CITE- 2 USC CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -HEAD- CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -MISC1- Sec. 1. Time for election of Senators. 1a. Election to be certified by governor. 1b. Countersignature of certificate of election. 2. Omitted. 2a. Reapportionment of Representatives; time and manner; existing decennial census figures as basis; statement by President; duty of clerk. 2b. Number of Representatives from each State in 78th and subsequent Congresses. 2c. Number of Congressional Districts; number of Representatives from each District. 3, 4. Omitted. 5. Nominations for Representatives at large. 6. Reduction of representation. 7. Time of election. 8. Vacancies. 9. Voting for Representatives. -End- -CITE- 2 USC Sec. 1 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -HEAD- Sec. 1. Time for election of Senators -STATUTE- At the regular election held in any State next preceding the expiration of the term for which any Senator was elected to represent such State in Congress, at which election a Representative to Congress is regularly by law to be chosen, a United States Senator from said State shall be elected by the people thereof for the term commencing on the 3d day of January next thereafter. -SOURCE- (June 4, 1914, ch. 103, Sec. 1, 38 Stat. 384; June 5, 1934, ch. 390, Sec. 3, 48 Stat. 879.) -MISC1- AMENDMENTS 1934 - Act June 5, 1934, substituted "3d day of January" for "fourth day of March". 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." Time for election of Senators, see Const. Art. I, Sec. 4, cl. 1. Vacancies in the Senate, see Const. Amend. XVII. -End- -CITE- 2 USC Sec. 1a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -HEAD- Sec. 1a. Election to be certified by governor -STATUTE- It shall be the duty of the executive of the State from which any Senator has been chosen to certify his election, under the seal of the State, to the President of the Senate of the United States. -SOURCE- (R.S. Sec. 18.) -COD- CODIFICATION R.S. Sec. 18 derived from act July 25, 1866, ch. 245, Sec. 3, 14 Stat. 244. -End- -CITE- 2 USC Sec. 1b 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -HEAD- Sec. 1b. Countersignature of certificate of election -STATUTE- The certificate mentioned in section 1a of this title shall be countersigned by the secretary of state of the State. -SOURCE- (R.S. Sec. 19.) -COD- CODIFICATION R.S. Sec. 19 derived from act July 25, 1866, ch. 245, Sec. 3, 14 Stat. 244. -End- -CITE- 2 USC Sec. 2 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -HEAD- Sec. 2. Omitted -COD- CODIFICATION Section, act Aug. 8, 1911, ch. 5, Secs. 1, 2, 37 Stat. 13, 14, fixed composition of House of Representatives at 435 Members, to be apportioned to the States therein enumerated. For provisions dealing with reapportionment of Representatives and manner of election, etc., see sections 2a and 2b of this title. -End- -CITE- 2 USC Sec. 2a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -HEAD- Sec. 2a. Reapportionment of Representatives; time and manner; existing decennial census figures as basis; statement by President; duty of clerk -STATUTE- (a) On the first day, or within one week thereafter, of the first regular session of the Eighty-second Congress and of each fifth Congress thereafter, the President shall transmit to the Congress a statement showing the whole number of persons in each State, excluding Indians not taxed, as ascertained under the seventeenth and each subsequent decennial census of the population, and the number of Representatives to which each State would be entitled under an apportionment of the then existing number of Representatives by the method known as the method of equal proportions, no State to receive less than one Member. (b) Each State shall be entitled, in the Eighty-third Congress and in each Congress thereafter until the taking effect of a reapportionment under this section or subsequent statute, to the number of Representatives shown in the statement required by subsection (a) of this section, no State to receive less than one Member. It shall be the duty of the Clerk of the House of Representatives, within fifteen calendar days after the receipt of such statement, to send to the executive of each State a certificate of the number of Representatives to which such State is entitled under this section. In case of a vacancy in the office of Clerk, or of his absence or inability to discharge this duty, then such duty shall devolve upon the Sergeant at Arms of the House of Representatives. (c) Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is entitled under such apportionment shall be elected in the following manner: (1) If there is no change in the number of Representatives, they shall be elected from the districts then prescribed by the law of such State, and if any of them are elected from the State at large they shall continue to be so elected; (2) if there is an increase in the number of Representatives, such additional Representative or Representatives shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; (3) if there is a decrease in the number of Representatives but the number of districts in such State is equal to such decreased number of Representatives, they shall be elected from the districts then prescribed by the law of such State; (4) if there is a decrease in the number of Representatives but the number of districts in such State is less than such number of Representatives, the number of Representatives by which such number of districts is exceeded shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; or (5) if there is a decrease in the number of Representatives and the number of districts in such State exceeds such decreased number of Representatives, they shall be elected from the State at large. -SOURCE- (June 18, 1929, ch. 28, Sec. 22, 46 Stat. 26; Apr. 25, 1940, ch. 152, 54 Stat. 162; Nov. 15, 1941, ch. 470, Sec. 1, 55 Stat. 761; Pub. L. 104-186, title II, Sec. 201, Aug. 20, 1996, 110 Stat. 1724.) -MISC1- AMENDMENTS 1996 - Subsec. (b). Pub. L. 104-186 struck out at end "; and in case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or the absence or inability of both to act, such duty shall devolve upon the Doorkeeper of the House of Representatives". 1941 - Act Nov. 15, 1941, provided for reapportionment based on seventeenth and subsequent decennial censuses. 1940 - Act Apr. 25, 1940, provided for reapportionment based on sixteenth decennial census. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103-7 (in which the report required by subsec. (a) of this section is listed on page 17), see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. CONSTITUTIONAL PROVISIONS Apportionment of Representatives among the several States, see Const. Art. I, Sec. 2, cl. 3, and Amend. XIV, Sec. 2. TEMPORARY INCREASE IN MEMBERSHIP Representation of States of Alaska and Hawaii in House of Representatives as not affecting basis of apportionment established by this section, see section 9 of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions, and section 8 of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48. -End- -CITE- 2 USC Sec. 2b 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -HEAD- Sec. 2b. Number of Representatives from each State in 78th and subsequent Congresses -STATUTE- Each State shall be entitled, in the Seventy-eighth and in each Congress thereafter until the taking effect of a reapportionment under a subsequent statute or section 2a of this title, to the number of Representatives shown in the statement transmitted to the Congress on January 8, 1941, based upon the method known as the method of equal proportions, no State to receive less than one Member. -SOURCE- (Nov. 15, 1941, ch. 470, Sec. 2(a), 55 Stat. 762.) -MISC1- CERTIFICATES TO EXECUTIVES OF STATES Section 2(b) of act Nov. 15, 1941, required Clerk of House of Representatives, within 15 days of Nov. 15, 1941, to send a new certificate of entitlement of a State to Representatives, if such a certificate had been sent prior to Nov. 15, 1941, under provisions of section 2a of this title. -End- -CITE- 2 USC Sec. 2c 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -HEAD- Sec. 2c. Number of Congressional Districts; number of Representatives from each District -STATUTE- In each State entitled in the Ninety-first Congress or in any subsequent Congress thereafter to more than one Representative under an apportionment made pursuant to the provisions of section 2a(a) of this title, there shall be established by law a number of districts equal to the number of Representatives to which such State is so entitled, and Representatives shall be elected only from districts so established, no district to elect more than one Representative (except that a State which is entitled to more than one Representative and which has in all previous elections elected its Representatives at Large may elect its Representatives at Large to the Ninety-first Congress). -SOURCE- (Pub. L. 90-196, Dec. 14, 1967, 81 Stat. 581.) -End- -CITE- 2 USC Secs. 3, 4 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -HEAD- Secs. 3, 4. Omitted -COD- CODIFICATION Section 3, act Aug. 8, 1911, ch. 5, Sec. 3, 37 Stat. 14, which related to election by districts, expired by its own limitation on enactment of Reapportionment Act of June 18, 1929, ch. 28, Sec. 22, 46 Stat. 21 (section 2a of this title). It was not restated in act June 18, 1929, providing for reapportionment under Fifteenth Census, and hence it was not applicable thereto. See Wood v. Broom, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131). Section 4, act Aug. 8, 1911, ch. 5, Sec. 4, 37 Stat. 14, which related to additional Representatives at large, expired by its own limitation on enactment of Reapportionment Act of June 18, 1929, ch. 28, Sec. 22, 46 Stat. 21 (section 2a of this title). It was not restated in act June 18, 1929, providing for reapportionment under Fifteenth Census, and hence it was not applicable thereto. See Wood v. Broom, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131). -End- -CITE- 2 USC Sec. 5 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -HEAD- Sec. 5. Nominations for Representatives at large -STATUTE- Candidates for Representative or Representatives to be elected at large in any State shall be nominated in the same manner as candidates for governor, unless otherwise provided by the laws of such State. -SOURCE- (Aug. 8, 1911, ch. 5, Sec. 5, 37 Stat. 14.) -End- -CITE- 2 USC Sec. 6 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -HEAD- Sec. 6. Reduction of representation -STATUTE- Should any State deny or abridge the right of any of the male inhabitants thereof, being twenty-one years of age, and citizens of the United States, to vote at any election named in the amendment to the Constitution, article 14, section 2, except for participation in the rebellion or other crime, the number of Representatives apportioned to such State shall be reduced in the proportion which the number of such male citizens shall have to the whole number of male citizens twenty-one years of age in such State. -SOURCE- (R.S. Sec. 22.) -COD- CODIFICATION R.S. Sec. 22 derived from act Feb. 2, 1872, ch. 11, Sec. 6, 17 Stat. 29. -End- -CITE- 2 USC Sec. 7 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -HEAD- Sec. 7. Time of election -STATUTE- The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter. -SOURCE- (R.S. Sec. 25; Mar. 3, 1875, ch. 130, Sec. 6, 18 Stat. 400; June 5, 1934, ch. 390, Sec. 2, 48 Stat. 879.) -COD- CODIFICATION R.S. Sec. 25 derived from act Feb. 2, 1872, ch. 11, Sec. 3, 17 Stat. 28. The second sentence of this section, which was based on section 6 of the act Mar. 3, 1875 and made this section inapplicable to any State that had not yet changed its day of election and whose constitution required an amendment to change the day of election of its State officers, was omitted. -MISC1- AMENDMENTS 1934 - Act June 5, 1934, substituted "3d day of January" for "fourth day of March". CONSTITUTIONAL PROVISIONS The first section of Amendment XX to the Constitution provides: "The terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin." Time for election of Representatives, see Const. Art. I, Sec. 4, cl. 1. -End- -CITE- 2 USC Sec. 8 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -HEAD- Sec. 8. Vacancies -STATUTE- (a) In general Except as provided in subsection (b) of this section, the time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such vacancy is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories respectively. (b) Special rules in extraordinary circumstances (1) In general In extraordinary circumstances, the executive authority of any State in which a vacancy exists in its representation in the House of Representatives shall issue a writ of election to fill such vacancy by special election. (2) Timing of special election A special election held under this subsection to fill a vacancy shall take place not later than 49 days after the Speaker of the House of Representatives announces that the vacancy exists, unless, during the 75-day period which begins on the date of the announcement of the vacancy - (A) a regularly scheduled general election for the office involved is to be held; or (B) another special election for the office involved is to be held, pursuant to a writ for a special election issued by the chief executive of the State prior to the date of the announcement of the vacancy. (3) Nominations by parties If a special election is to be held under this subsection, the determination of the candidates who will run in such election shall be made - (A) by nominations made not later than 10 days after the Speaker announces that the vacancy exists by the political parties of the State that are authorized by State law to nominate candidates for the election; or (B) by any other method the State considers appropriate, including holding primary elections, that will ensure that the State will hold the special election within the deadline required under paragraph (2). (4) Extraordinary circumstances (A) In general In this subsection, "extraordinary circumstances" occur when the Speaker of the House of Representatives announces that vacancies in the representation from the States in the House exceed 100. (B) Judicial review If any action is brought for declaratory or injunctive relief to challenge an announcement made under subparagraph (A), the following rules shall apply: (i) Not later than 2 days after the announcement, the action shall be filed in the United States District Court having jurisdiction in the district of the Member of the House of Representatives whose seat has been announced to be vacant and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28. (ii) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives. (iii) A final decision in the action shall be made within 3 days of the filing of such action and shall not be reviewable. (iv) The executive authority of the State that contains the district of the Member of the House of Representatives whose seat has been announced to be vacant shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the announcement of such vacancy. (5) Protecting ability of absent military and overseas voters to participate in special elections (A) Deadline for transmittal of absentee ballots In conducting a special election held under this subsection to fill a vacancy in its representation, the State shall ensure to the greatest extent practicable (including through the use of electronic means) that absentee ballots for the election are transmitted to absent uniformed services voters and overseas voters (as such terms are defined in the Uniformed and Overseas Citizens Absentee Voting Act [42 U.S.C. 1973ff et seq.]) not later than 15 days after the Speaker of the House of Representatives announces that the vacancy exists. (B) Period for ballot transit time Notwithstanding the deadlines referred to in paragraphs (2) and (3), in the case of an individual who is an absent uniformed services voter or an overseas voter (as such terms are defined in the Uniformed and Overseas Citizens Absentee Voting Act), a State shall accept and process any otherwise valid ballot or other election material from the voter so long as the ballot or other material is received by the appropriate State election official not later than 45 days after the State transmits the ballot or other material to the voter. (6) Application to District of Columbia and territories This subsection shall apply - (A) to a Delegate or Resident Commissioner to the Congress in the same manner as it applies to a Member of the House of Representatives; and (B) to the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands in the same manner as it applies to a State, except that a vacancy in the representation from any such jurisdiction in the House shall not be taken into account by the Speaker in determining whether vacancies in the representation from the States in the House exceed 100 for purposes of paragraph (4)(A). (7) Rule of construction regarding Federal election laws Nothing in this subsection may be construed to affect the application to special elections under this subsection of any Federal law governing the administration of elections for Federal office (including any law providing for the enforcement of any such law), including, but not limited to, the following: (A) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.), as amended. (B) The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.), as amended. (C) The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.), as amended. (D) The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.), as amended. (E) The Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), as amended. (F) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as amended. (G) The Help America Vote Act of 2002 (42 U.S.C. 15301 et seq.), as amended. -SOURCE- (R.S. Sec. 26; Pub. L. 109-55, title III, Sec. 301, Aug. 2, 2005, 119 Stat. 588.) -REFTEXT- REFERENCES IN TEXT The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsec. (b)(5), (7)(C), is Pub. L. 99-410, Aug. 28, 1986, 100 Stat. 924, as amended, which is classified principally to subchapter I-G (Sec. 1973ff et seq.) of chapter 20 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1971 of Title 42 and Tables. The Voting Rights Act of 1965, referred to in subsec. (b)(7)(A), is Pub. L. 89-110, Aug. 6, 1965, 79 Stat. 437, as amended, which is classified generally to subchapters I-A (Sec. 1973 et seq.), I-B (Sec. 1973aa et seq.), and I-C (Sec. 1973bb et seq.) of chapter 20 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1971 of Title 42 and Tables. The Voting Accessibility for the Elderly and Handicapped Act, referred to in subsec. (b)(7)(B), is Pub. L. 98-435, Sept. 28, 1984, 98 Stat. 1678, as amended, which is classified generally to subchapter I-F (Sec. 1973ee et seq.) of chapter 20 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1971 of Title 42 and Tables. The National Voter Registration Act of 1993, referred to in subsec. (b)(7)(D), is Pub. L. 103-31, May 20, 1993, 107 Stat. 77, as amended, which is classified principally to subchapter I-H (Sec. 1973gg et seq.) of chapter 20 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1971 of Title 42 and Tables. The Americans with Disabilities Act of 1990, referred to in subsec. (b)(7)(E), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (Sec. 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. The Rehabilitation Act of 1973, referred to in subsec. (b)(7)(F), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified generally to chapter 16 (Sec. 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. The Help America Vote Act of 2002, referred to in subsec. (b)(7)(G), is Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666, which is classified principally to chapter 146 (Sec. 15301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 15301 of Title 42 and Tables. -COD- CODIFICATION R.S. Sec. 26 derived from act Feb. 2, 1872, ch. 11, Sec. 4, 17 Stat. 28. -MISC1- AMENDMENTS 2005 - Pub. L. 109-55 designated existing provisions as subsec. (a), inserted heading, substituted "Except as provided in subsection (b) of this section, the time" for "The time", and added subsec. (b). CONSTITUTIONAL PROVISIONS Vacancies in the House of Representatives, see Const. Art. I, Sec. 2, cl. 4. -End- -CITE- 2 USC Sec. 9 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -HEAD- Sec. 9. Voting for Representatives -STATUTE- All votes for Representatives in Congress must be by written or printed ballot, or voting machine the use of which has been duly authorized by the State law; and all votes received or recorded contrary to this section shall be of no effect. -SOURCE- (R.S. Sec. 27; Feb. 14, 1899, ch. 154, 30 Stat. 836.) -COD- CODIFICATION R.S. Sec. 27 derived from acts Feb. 28, 1871, ch. 99, Sec. 19, 16 Stat. 440, and May 30, 1872, ch. 239, 17 Stat. 192. -End- -CITE- 2 USC CHAPTER 2 - ORGANIZATION OF CONGRESS 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- CHAPTER 2 - ORGANIZATION OF CONGRESS -MISC1- Sec. 21. Oath of Senators. 22. Oath of President of Senate. 23. Presiding officer of Senate may administer oaths. 24. Secretary of Senate or assistant secretary may administer oaths. 25. Oath of Speaker, Members, and Delegates. 25a. Delegate to House of Representatives from District of Columbia. 25b. Repealed. 26. Roll of Representatives-elect. 27. Change of place of meeting. 28. Parliamentary precedents of House of Representatives. 28a. Compilation of the Precedents of House of Representatives; date of completion; biennial update; printing and availability of copies. 28b. Printing and binding as public document of Precedents of House of Representatives; number of sets authorized. 28c. Distribution of Precedents by Public Printer. 28d. Distribution of Precedents by Public Printer for official use; particular distribution; marking and ownership of sets. 28e. Distribution of Precedents by Joint Committee on Printing of surplus sets; additional printing, etc., of sets under authority of Joint Committee. 29. Condensed and simplified versions of House precedents; other useful materials in summary form; form and distribution to Members of Congress, Resident Commissioner from Puerto Rico, and others; appointment and compensation of personnel; utilization of services of personnel of Federal agencies. 29a. Early organization of House of Representatives. 29b, 29c. Omitted. 29d. Committee on Standards of Official Conduct of House of Representatives. 30. Term of service of Members of Congress as trustees or directors of corporations or institutions appropriated for. 30a. Jury duty exemption of elected officials of legislative branch. CHANGE OF NAME AND TRANSFER OF FUNCTIONS OF COMMITTEES AND OFFICERS OF HOUSE OF REPRESENTATIVES Pub. L. 104-14, June 3, 1995, 109 Stat. 186, provided that: "SECTION 1. REFERENCES IN LAW TO COMMITTEES OF THE HOUSE OF REPRESENTATIVES. "(a) References to Committees With New Names. - Except as provided in subsection (c), any reference in any provision of law enacted before January 4, 1995, to - "(1) the Committee on Armed Services of the House of Representatives shall be treated as referring to the Committee on National Security of the House of Representatives; "(2) the Committee on Banking, Finance and Urban Affairs of the House of Representatives shall be treated as referring to the Committee on Banking and Financial Services of the House of Representatives; "(3) the Committee on Education and Labor of the House of Representatives shall be treated as referring to the Committee on Economic and Educational Opportunities of the House of Representatives; "(4) the Committee on Energy and Commerce of the House of Representatives shall be treated as referring to the Committee on Commerce of the House of Representatives; "(5) the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives; "(6) the Committee on Government Operations of the House of Representatives shall be treated as referring to the Committee on Government Reform and Oversight of the House of Representatives; "(7) the Committee on House Administration of the House of Representatives shall be treated as referring to the Committee on House Oversight of the House of Representatives; "(8) the Committee on Natural Resources of the House of Representatives shall be treated as referring to the Committee on Resources of the House of Representatives; "(9) the Committee on Public Works and Transportation of the House of Representatives shall be treated as referring to the Committee on Transportation and Infrastructure of the House of Representatives; and "(10) the Committee on Science, Space, and Technology of the House of Representatives shall be treated as referring to the Committee on Science of the House of Representatives. "(b) References to Abolished Committees. - Any reference in any provision of law enacted before January 4, 1995, to - "(1) the Committee on District of Columbia of the House of Representatives shall be treated as referring to the Committee on Government Reform and Oversight of the House of Representatives; "(2) the Committee on Post Office and Civil Service of the House of Representatives shall be treated as referring to the Committee on Government Reform and Oversight of the House of Representatives, except that a reference with respect to the House Commission on Congressional Mailings [probably should be "Mailing"] Standards (the 'Franking Commission') shall be treated as referring to the Committee on House Oversight of the House of Representatives; and "(3) the Committee on Merchant Marine and Fisheries of the House of Representatives shall be treated as referring to - "(A) the Committee on Agriculture of the House of Representatives, in the case of a provision of law relating to inspection of seafood or seafood products; "(B) the Committee on National Security of the House of Representatives, in the case of a provision of law relating to interoceanic canals, the Merchant Marine Academy and State Maritime Academies, or national security aspects of merchant marine; "(C) the Committee on Resources of the House of Representatives, in the case of a provision of law relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography; "(D) the Committee on Science of the House of Representatives, in the case of a provision of law relating to marine research; and "(E) the Committee on Transportation and Infrastructure of the House of Representatives, in the case of a provision of law relating to a matter other than a matter described in any of subparagraphs (A) through (D). "(c) References to Committees With Jurisdiction Changes. - Any reference in any provision of law enacted before January 4, 1995, to - "(1) the Committee on Energy and Commerce of the House of Representatives shall be treated as referring to - "(A) the Committee on Agriculture of the House of Representatives, in the case of a provision of law relating to inspection of seafood or seafood products; "(B) the Committee on Banking and Financial Services of the House of Representatives, in the case of a provision of law relating to bank capital markets activities generally or to depository institution securities activities generally; and "(C) the Committee on Transportation and Infrastructure of the House of Representatives, in the case of a provision of law relating to railroads, railway labor, or railroad retirement and unemployment (except revenue measures related thereto); and "(2) the Committee on Government Operations of the House of Representatives shall be treated as referring to the Committee on the Budget of the House of Representatives in the case of a provision of law relating to the establishment, extension, and enforcement of special controls over the Federal budget. "SEC. 2. REFERENCES IN LAW TO OFFICERS OF THE HOUSE OF REPRESENTATIVES. "Any reference in any provision of law enacted before January 4, 1995, to a function, duty, or authority - "(1) of the Clerk of the House of Representatives shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representatives exercising that function, duty, or authority, as determined by the Committee on House Oversight of the House of Representatives; "(2) of the Doorkeeper of the House of Representatives shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representatives exercising that function, duty, or authority, as determined by the Committee on House Oversight of the House of Representatives; "(3) of the Postmaster of the House of Representatives shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representatives exercising that function, duty, or authority, as determined by the Committee on House Oversight of the House of Representatives; and "(4) of the Director of Non-legislative and Financial Services of the House of Representatives shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representatives exercising that function, duty, or authority, as determined by the Committee on House Oversight of the House of Representatives." -End- -CITE- 2 USC Sec. 21 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 21. Oath of Senators -STATUTE- The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat. -SOURCE- (R.S. Sec. 28.) -COD- CODIFICATION R.S. Sec. 28 derived from act June 1, 1789, ch. 1, Sec. 2, 1 Stat. 23. -End- -CITE- 2 USC Sec. 22 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 22. Oath of President of Senate -STATUTE- When a President of the Senate has not taken the oath of office, it shall be administered to him by any Member of the Senate. -SOURCE- (R.S. Sec. 29.) -COD- CODIFICATION R.S. Sec. 29 derived from act June 1, 1789, ch. 1, Sec. 2, 1 Stat. 23. -End- -CITE- 2 USC Sec. 23 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 23. Presiding officer of Senate may administer oaths -STATUTE- The presiding officer, for the time being, of the Senate of the United States, shall have power to administer all oaths and affirmations that are or may be required by the Constitution, or by law, to be taken by any Senator, officer of the Senate, witness, or other person, in respect to any matter within the jurisdiction of the Senate. -SOURCE- (Apr. 18, 1876, ch. 66, Sec. 1, 19 Stat. 34.) -End- -CITE- 2 USC Sec. 24 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 24. Secretary of Senate or assistant secretary may administer oaths -STATUTE- The Secretary of the Senate, and the assistant secretary thereof, shall, respectively, have power to administer any oath or affirmation required by law, or by the rules or orders of the Senate, to be taken by any officer of the Senate, and to any witness produced before it. -SOURCE- (Apr. 18, 1876, ch. 66, Sec. 2, 19 Stat. 34; Pub. L. 92-51, July 9, 1971, 85 Stat. 125.) -CHANGE- CHANGE OF NAME Assistant secretary of the Senate deemed successor in references to chief clerk of the Senate in all laws, rules, resolutions, and orders, effective July 1, 1971, under provisions of Pub. L. 92-51, July 9, 1971, 85 Stat. 125. -End- -CITE- 2 USC Sec. 25 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 25. Oath of Speaker, Members, and Delegates -STATUTE- At the first session of Congress after every general election of Representatives, the oath of office shall be administered by any Member of the House of Representatives to the Speaker; and by the Speaker to all the Members and Delegates present, and to the Clerk, previous to entering on any other business; and to the Members and Delegates who afterward appear, previous to their taking their seats. The Clerk of the House of Representatives of the Eightieth and each succeeding Congress shall cause the oath of office to be printed, furnishing two copies to each Member and Delegate who has taken the oath of office in accordance with law, which shall be subscribed in person by the Member or Delegate, who shall thereupon deliver them to the Clerk, one to be filed in the records of the House of Representatives, and the other to be recorded in the Journal of the House and in the Congressional Record; and such signed copies, or certified copies thereof, or of either of such records thereof, shall be admissible in evidence in any court of the United States, and shall be held conclusive proof of the fact that the signer duly took the oath of office in accordance with law. -SOURCE- (R.S. Sec. 30; Feb. 18, 1948, ch. 53, 62 Stat. 20.) -COD- CODIFICATION R.S. Sec. 30 derived from act June 1, 1789, ch. 1, Sec. 2, 1 Stat. 23. The last paragraph of this section, which permitted Members and Delegates of the House of Representatives of the Eightieth Congress to subscribe and deliver two signed copies of the printed oath of office at any time before the expiration of the Eightieth Congress, was omitted. -MISC1- AMENDMENTS 1948 - Act Feb. 18, 1948, added last two paragraphs to provide a way by which any Member of House of Representatives can establish by record evidence the fact that the Member took the oath of office and so became a Member. -End- -CITE- 2 USC Sec. 25a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 25a. Delegate to House of Representatives from District of Columbia -STATUTE- (a) The people of the District of Columbia shall be represented in the House of Representatives by a Delegate, to be known as the "Delegate to the House of Representatives from the District of Columbia", who shall be elected by the voters of the District of Columbia in accordance with the District of Columbia Election Act. The Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting, shall have all the privileges granted a Representative by section 6 of Article I of the Constitution, and shall be subject to the same restrictions and regulations as are imposed by law or rules on Representatives. The Delegate shall be elected to serve during each Congress. (b) No individual may hold the office of Delegate to the House of Representatives from the District of Columbia unless on the date of his election - (1) he is a qualified elector (as that term is defined in section 2(2) of the District of Columbia Election Act) of the District of Columbia; (2) he is at least twenty-five years of age; (3) he holds no other paid public office; and (4) he has resided in the District of Columbia continuously since the beginning of the three-year period ending on such date. He shall forfeit his office upon failure to maintain the qualifications required by this subsection. -SOURCE- (Pub. L. 91-405, title II, Sec. 202, Sept. 22, 1970, 84 Stat. 848.) -REFTEXT- REFERENCES IN TEXT The District of Columbia Election Act, referred to in subsecs. (a) and (b)(1), is act Aug. 12, 1955, ch. 862, 69 Stat. 699, as amended, which is not classified to the Code. -MISC1- EFFECTIVE DATE Section 206(b) of title II of Pub. L. 91-405 provided that: "This title and the amendments made by this title [enacting this section and section 25b of this title and amending section 2106 of Title 5, Government Organization and Employees, sections 4342, 6954, and 9342 of Title 10, Armed Forces, sections 201, 203, 204, 591, 594, and 595 of Title 18, Crimes and Criminal Procedure, and section 1973i of Title 42, The Public Health and Welfare] shall take effect on the date of its enactment [Sept. 22, 1970]." -End- -CITE- 2 USC Sec. 25b 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 25b. Repealed. -MISC1- Sec. 25b. Repealed. Pub. L. 104-186, title II, Sec. 202(1), Aug. 20, 1996. 110 Stat. 1724. Section, Pub. L. 91-405, title II, Sec. 204(a), Sept. 22, 1970, 84 Stat. 852, related to application of certain Federal laws to Delegate to House of Representatives from District of Columbia. -End- -CITE- 2 USC Sec. 26 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 26. Roll of Representatives-elect -STATUTE- Before the first meeting of each Congress the Clerk of the next preceding House of Representatives shall make a roll of the Representatives-elect, and place thereon the names of those persons, and of such persons only, whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States. In case of a vacancy in the office of Clerk of the House of Representatives, or of the absence or inability of the Clerk to discharge the duties imposed on him by law or custom relative to the preparation of the roll of Representatives or the organization of the House, those duties shall devolve on the Sergeant at Arms of the next preceding House of Representatives. -SOURCE- (R.S. Secs. 31-33; Pub. L. 104-186, title II, Sec. 202(2), Aug. 20, 1996, 110 Stat. 1724.) -COD- CODIFICATION R.S. Sec. 31 derived from acts Feb. 21, 1867, ch. 56, Sec. 1, 14 Stat. 397 and Mar. 3, 1863, ch. 108, 12 Stat. 804. R.S. Secs. 32 and 33 derived from act Feb. 21, 1867, ch. 56, Sec. 2, 14 Stat. 397. R.S. Sec. 31 constitutes first sentence; R.S. Sec. 32 constitutes second sentence; and R.S. Sec. 33 constituted the third sentence, prior to repeal by Pub. L. 104-186. See 1996 Amendment note below. -MISC1- AMENDMENTS 1996 - Pub. L. 104-186 struck out third sentence which read as follows: "In case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or of the absence or inability of both to act, the duties of the Clerk relative to the preparation of the roll of the House of Representatives or the organization of the House shall be performed by the Doorkeeper of the next preceding House of Representatives." See Codification note above. -End- -CITE- 2 USC Sec. 27 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 27. Change of place of meeting -STATUTE- Whenever Congress is about to convene, and from the prevalence of contagious sickness, or the existence of other circumstances, it would, in the opinion of the President, be hazardous to the lives or health of the members to meet at the seat of Government, the President is authorized, by proclamation, to convene Congress at such other place as he may judge proper. -SOURCE- (R.S. Sec. 34.) -COD- CODIFICATION R.S. Sec. 34 derived from act Apr. 3, 1794, ch. 17, 1 Stat. 353. -End- -CITE- 2 USC Sec. 28 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 28. Parliamentary precedents of House of Representatives -STATUTE- (a) Periodic compilation; other useful materials; index digest; date of completion The Parliamentarian of the House of Representatives, at the beginning of the fifth fiscal year following the completion and publication of the parliamentary precedents of the House authorized by the Legislative Branch Appropriation Act, 1966 (79 Stat. 270; Public Law 89-90), and at the beginning of each fifth fiscal year thereafter, shall commence the compilation and preparation for printing of the parliamentary precedents of the House of Representatives, together with such other materials as may be useful in connection therewith, and an index digest of such precedents and other materials. Each such compilation and preparation for printing of the parliamentary precedents of the House shall be completed by the close of the fiscal year immediately following the fiscal year in which such work is commenced. (b) Form, number, and distribution of compilation As so compiled and prepared, such precedents and other materials and index digest shall be printed on pages of such size, and in such type and format, as the Parliamentarian may determine and shall be printed in such numbers and for such distribution as may be provided by law enacted prior to printing. (c) Appointment and compensation of personnel; utilization of services of personnel of Federal agencies For the purpose of carrying out each such compilation and preparation, the Parliamentarian may - (1) subject to the approval of the Speaker, appoint (as employees of the House of Representatives) clerical and other personnel and fix their respective rates of pay; and (2) utilize the services of personnel of the Library of Congress and the Government Printing Office. -SOURCE- (Pub. L. 91-510, title III, Sec. 331, Oct. 26, 1970, 84 Stat. 1186.) -REFTEXT- REFERENCES IN TEXT The Legislative Branch Appropriation Act, 1966, referred to in subsec. (a), is Pub. L. 89-90, July 27, 1965, 79 Stat. 265. For complete classification of this Act to the Code, see Tables. -MISC1- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of this title. -End- -CITE- 2 USC Sec. 28a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 28a. Compilation of the Precedents of House of Representatives; date of completion; biennial update; printing and availability of copies -STATUTE- The Speaker is authorized and directed to complete the Compilation of the Precedents of the House of Representatives by January 1, 1977, and prepare an updated compilation of such precedents every two years thereafter. Copies of the Compilation of Precedents shall be printed in sufficient quantity to be available to every Member and the standing committees of the House of Representatives. -SOURCE- (Pub. L. 93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.) -COD- CODIFICATION Section is based on section 208 of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93-554. -MISC1- EFFECTIVE DATE Pub. L. 93-554 provided that the enactment of House Resolution No. 988, Ninety-third Congress, into permanent law is effective Jan. 2, 1975. -End- -CITE- 2 USC Sec. 28b 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 28b. Printing and binding as public document of Precedents of House of Representatives; number of sets authorized -STATUTE- (a) There shall be printed and bound as a public document two thousand sets of the Precedents of the House of Representatives compiled and prepared by Lewis Deschler (hereinafter in sections 28b to 28e of this title referred to as the "Precedents") in accordance with the provisions of the Legislative Branch Appropriation Act, 1966 (Public Law 89-90; 79 Stat. 265). (b) The number of sets authorized to be printed and bound by or pursuant to sections 28b to 28e of this title shall be in lieu of the usual number of copies for binding and distribution required by section 701 of title 44. -SOURCE- (Pub. L. 94-551, Sec. 1, Oct. 18, 1976, 90 Stat. 2537.) -REFTEXT- REFERENCES IN TEXT The Legislative Branch Appropriation Act, 1966, referred to in text, is Pub. L. 89-90, July 27, 1965, 79 Stat. 265. For complete classification of this Act to the Code, see Tables. -End- -CITE- 2 USC Sec. 28c 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 28c. Distribution of Precedents by Public Printer -STATUTE- (a) Delivery to Members of Ninety-fifth Congress; marking of volumes The Public Printer shall deliver one set of the Precedents to each Senator or Representative in, or Delegate or Resident Commissioner to, the Ninety-fifth Congress. The name of the Member to whom the set is delivered shall be legibly stamped on the front cover of each volume of the set. (b) Members of Congress following Ninety-fifth Congress not already having sets of Precedents; necessity of written request to Superintendent of Documents for set Each Senator or Representative in, or Delegate or Resident Commissioner to, each Congress following the Ninety-fifth Congress who has not theretofore received a set of the Precedents shall be entitled to receive one set of the Precedents, upon transmitting a written request for such set to the Superintendent of Documents. (c) Additional distribution of sets The Public Printer shall make the following distribution of sets of the Precedents: (1) to the office of the Vice President, to the office of the speaker of the House of Representatives, and to the office of the President pro tempore of the Senate, each, five sets; (2) to the office of the majority leader of the House of Representatives and to the office of the minority leader of the House of Representatives, each, three sets; (3) to the Parliamentarian of the House of Representatives, sixty sets; (4) to the Parliamentarian of the Senate, five sets; (5) to the Clerk of the House of Representatives and to the Sergeant at Arms of the House of Representatives, each (!1) two sets; (6) to the Secretary of the Senate and to the Sergeant at Arms of the Senate, each, two sets; (7) to the superintendent of the House document room, two sets; (8) to the superintendent of the Senate document room, two sets; (9) to the Library of Congress, for international exchange and for official use in Washington, District of Columbia, one hundred and fifty sets; (10) to the National Archives, three sets; (11) to the government of the District of Columbia, twelve sets; (12) to the Smithsonian Institute, two sets; (13) to the library of each legislative branch of each State, territory, and possession of the United States, one set; and (14) to the Superintendent of Documents, eight hundred and sixteen sets for distribution to the depository library system. -SOURCE- (Pub. L. 94-551, Sec. 2, Oct. 18, 1976, 90 Stat. 2537; Pub. L. 104- 186, title II, Sec. 202(3), Aug. 20, 1996, 110 Stat. 1724.) -MISC1- AMENDMENTS 1996 - Subsec. (c)(2). Pub. L. 104-186, Sec. 202(3)(A), substituted "Representatives, each" for "Representives, each". Subsec. (c)(5). Pub. L. 104-186, Sec. 202(3)(B), substituted "and to the Sergeant at Arms of the House of Representatives, each two sets" for ", to the Sergeant at Arms of the House of Representatives, and to the Doorkeeper of the House of Representatives, each, two sets". -FOOTNOTE- (!1) So in original. Probably should be followed by a comma. -End- -CITE- 2 USC Sec. 28d 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 28d. Distribution of Precedents by Public Printer for official use; particular distribution; marking and ownership of sets -STATUTE- (a) The Public Printer shall make the following distribution of sets of the Precedents; (1) to each standing or joint committee of the Congress which is in existence on October 18, 1976, or which is established after October 18, 1976, four sets; (2) to the office of the Legislative Counsel of the House of Representatives, five sets; (3) to the office of the Legislative Counsel of the Senate, five sets; (4) to the library of the House of Representatives, four sets; (5) to the library of the Senate, two sets; (6) to the library of the Supreme Court of the United States, nine sets; (7) to the office of the Official Reporter of Debates of the House of Representatives, three sets; and (8) to the office of the Official Reporter of Debates of the Senate, three sets. (b) Each set of Precedents distributed by the Public Printer under subsection (a) of this section shall be for official use. Each such set shall be legibly stamped on the front cover "Property of the United States Government." Each such set, upon delivery, shall become and remain the property of the United States, and may not be removed from the building in which is located the designated library or office, as the case may be. -SOURCE- (Pub. L. 94-551, Sec. 3, Oct. 18, 1976, 90 Stat. 2538.) -End- -CITE- 2 USC Sec. 28e 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 28e. Distribution of Precedents by Joint Committee on Printing of surplus sets; additional printing, etc., of sets under authority of Joint Committee -STATUTE- (a) Any set of the Precedents printed and bound pursuant to subsection (a) of section 28b of this title, not needed to carry out the distributions required by sections 28b to 28e of this title, shall be distributed under the direction of the Joint Committee on Printing. (b) The Joint Committee on Printing may from time to time authorize and direct that additional sets of the Precedents, be printed, bound, and distributed in such manner as the Joint Committee determines will best carry out the purposes of sections 28b to 28e of this title. -SOURCE- (Pub. L. 94-551, Sec. 4, Oct. 18, 1976, 90 Stat. 2538.) -End- -CITE- 2 USC Sec. 29 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 29. Condensed and simplified versions of House precedents; other useful materials in summary form; form and distribution to Members of Congress, Resident Commissioner from Puerto Rico, and others; appointment and compensation of personnel; utilization of services of personnel of Federal agencies -STATUTE- The Parliamentarian of the House of Representatives shall prepare, compile, and maintain on a current basis and in cumulative form, for each Congress commencing with the Ninety-third Congress a condensed and, insofar as practicable, up-to-date version of all of the parliamentary precedents of the House of Representatives which have current use and application in the House, together with informative text prepared by the Parliamentarian and other useful related material in summary form. The Parliamentarian shall have such matter printed for each Congress on pages of such size and in such type and format as he considers advisable to promote the usefulness of such matter to the Members of the House and shall provide a printed copy thereof to each Member in each Congress, including the Resident Commissioner from Puerto Rico, and may make such other distribution of such printed copies as he considers advisable. In carrying out this section, the Parliamentarian may appoint and fix the pay of personnel and utilize the services of personnel of the Library of Congress and the Government Printing Office. -SOURCE- (Pub. L. 91-510, title III, Sec. 332, Oct. 26, 1970, 84 Stat. 1186.) -MISC1- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of this title. -End- -CITE- 2 USC Sec. 29a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 29a. Early organization of House of Representatives -STATUTE- (a) Caucus or conference for incumbent Members reelected to and Members-elect of ensuing Congress; time and procedure for calling (1) The majority leader or minority leader of the House of Representatives after consultation with the Speaker may at any time during any even-numbered year call a caucus or conference of all incumbent Members of his or her political party who have been reelected to the ensuing Congress and all other Members-elect of such party, for the purpose of taking all steps necessary to achieve the prompt organization of the Members and Members-elect of such party for the ensuing Congress. (2) If the majority leader or minority leader calls an organizational caucus or conference under paragraph (1), he or she shall file with the Clerk of the House a written notice designating the date upon which the caucus or conference is to convene. As soon as possible after the election of Members to the ensuing Congress, the Clerk shall furnish each Member-elect of the party involved with appropriate written notification of the caucus or conference. (3) If a vacancy occurs in the office of majority leader or minority leader during any even-numbered year (and has not been filled), the chairman of the caucus or conference of the party involved for the current Congress may call an organizational caucus or conference under paragraph (1) by filing written notice thereof as provided by paragraph (2). (b) Payment and reimbursement for travel and per diem expenses for Members attending caucus or conference; exceptions; regulations governing payments and reimbursements; reimbursement vouchers (1)(A) Each Member-elect (other than an incumbent Member reelected to the ensuing Congress) who attends a caucus or conference called under subsection (a) of this section, and each incumbent Member reelected to the ensuing Congress who attends any such caucus or conference convening after the adjournment sine die of the Congress in the year involved, shall be paid for one round trip between his or her place of residence in the district which he or she represents and Washington, District of Columbia, for the purpose of attending such caucus or conference. Payment shall be made through the issuance of a transportation request form to each such Member-elect or incumbent Member by the Finance Office of the House before such caucus or conference. (B) Each Member-elect (other than an incumbent Member reelected to the ensuing Congress) who attends a caucus or conference called under subsection (a) of this section shall in addition be reimbursed on a per diem or other basis for expenses incurred in connection with his or her attendance at such caucus or conference. (2) Payments and reimbursements to Members-elect under paragraph (1) shall be made as provided (with respect to Members) in the regulations prescribed by the Committee on House Oversight with respect to travel and other expenses of committees and Members. Reimbursements shall be paid on special voucher forms prescribed by the Committee on House Oversight. (c) Availability of applicable accounts of House The applicable accounts of the House of Representatives are made available to carry out the purposes of this section. (d) 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 (b) and (c) 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. 93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 104-186, title II, Sec. 202(4), Aug. 20, 1996, 110 Stat. 1725; Pub. L. 108-447, div. G, title I, Sec. 107(a), (b)(1), (c)(1), Dec. 8, 2004, 118 Stat. 3176.) -COD- CODIFICATION Section is based on section 202 of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93-554. -MISC1- AMENDMENTS 2004 - Subsec. (a)(1). Pub. L. 108-447, Sec. 107(a), substituted "conference of all" for "conference, to begin on or after the first day of December and conclude on or before the twentieth day of December in such year and to be attended by all". Subsec. (b)(1)(B). Pub. L. 108-447, Sec. 107(b)(1), 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. (d). Pub. L. 108-447, Sec. 107(c)(1), added subsec. (d). 1996 - Subsec. (b)(2). Pub. L. 104-186, Sec. 202(4)(A), substituted "House Oversight" for "House Administration" in two places. Subsec. (c). Pub. L. 104-186, Sec. 202(4)(B), substituted "applicable accounts of the House of Representatives are" for "contingent fund of the House is". -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. -MISC2- EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-447, div. G, title I, Sec. 107(d), Dec. 8, 2004, 118 Stat. 3177, provided that: "The amendments made by this section [amending this section and section 43b-2 of this title] shall apply with respect to the One Hundred Tenth Congress and each succeeding Congress." EFFECTIVE DATE Pub. L. 93-554 provided that the enactment of House Resolution No. 988, Ninety-third Congress, into permanent law is effective Jan. 2, 1975. -FOOTNOTE- (!1) So in original. Probably should be capitalized. -End- -CITE- 2 USC Secs. 29b, 29c 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Secs. 29b, 29c. Omitted -COD- CODIFICATION Section 29b, based on section 204 of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law, effective Jan. 2, 1975, by Pub. L. 93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777, established a Commission on Information and Facilities in House of Representatives to be composed of nine members of the House appointed by Speaker, required Speaker to appoint an Advisory Council to assist Commission in carrying out its functions, required Commission to conduct study of informational problems, facilities and space, and House legislative counsel requirements, provided for the scope of study of informational problems, and required Commission to make an annual progress report to Speaker, to complete study of House legislative counsel requirements by Jan. 1, 1976, and to submit a final report by Jan. 2, 1977. Section 29c, based on clause 10, rule I, of the Rules of the House of Representatives as in effect before July 17, 1984, relating to the Office for the Bicentennial for the House of Representatives, established by House Resolution No. 621, Ninety- seventh Congress, Dec. 17, 1982, which was enacted into permanent law by Pub. L. 98-367, title I, Sec. 102, July 17, 1984, 98 Stat. 479, established in House of Representatives an Office for the Bicentennial of the House of Representatives to coordinate planning of commemoration of two-hundredth anniversary of House of Representatives and to be staffed by a professional historian appointed by Speaker without regard to political affiliation and solely on basis of fitness to perform duties of the position and to serve at pleasure of Speaker, and provided that the Office cease to exist not later than Sept. 30, 1989, unless otherwise provided by law or resolution. Office of the Historian of the House of Representatives was established by clause 10, rule I, of the Rules of the House of Representatives, as added on Jan. 3, 1989 (H. Res. 5, 101st Congress). -End- -CITE- 2 USC Sec. 29d 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 29d. Committee on Standards of Official Conduct of House of Representatives -STATUTE- (a) Omitted (b) Committee composition The respective party caucus or conference of the House of Representatives shall each nominate to the House of Representatives at the beginning of each Congress 7 members to serve on the Committee on Standards of Official Conduct. (c) Investigative subcommittees The Committee on Standards of Official Conduct shall adopt rules providing - (1) for the establishment of a 4 or 6-member investigative subcommittee (with equal representation from the majority and minority parties) whenever the committee votes to undertake any investigation; (2) that the senior majority and minority members on an investigative subcommittee shall serve as the chairman and ranking minority member of the subcommittee; and (3) that the chairman and ranking minority member of the full committee may only serve as non-voting, ex officio members on an investigative subcommittee. Clause 5(d) of rule XI (!1) of the Rules of the House of Representatives shall not apply to any investigative subcommittee. (d) Adjudicatory subcommittees The Committee on Standards of Official Conduct shall adopt rules providing - (1) that upon the completion of an investigation, an investigative subcommittee shall report its findings and recommendations to the committee; (2) that, if an investigative subcommittee by majority vote of its membership adopts a statement of alleged violation, the remaining members of the committee shall comprise an adjudicatory subcommittee to hold a disciplinary hearing on the violation alleged in the statement; (3) that any statement of alleged violation and any written response thereto shall be made public at the first meeting or hearing on the matter which is open to the public after the respondent has been given full opportunity to respond to the statement in accordance with committee rules, but, if no public hearing or meeting is held on the matter, the statement of alleged violation and any written response thereto shall be included in the committee's final report to the House of Representatives as required by clause 4(e)(1)(B) of rule X (!1) of the Rules of the House of Representatives; (4) that a quorum for an adjudicatory subcommittee for the purpose of taking testimony and conducting any business shall consist of a majority of the membership of the subcommittee plus one; and (5) that an adjudicatory subcommittee shall determine, after receiving evidence, whether the counts in the statement have been proved and shall report its findings to the committee. Clause 5(d) of rule XI (!1) of the Rules of the House of Representatives shall not apply to any adjudicatory subcommittee. (e) to (h) Omitted (i) Advice and education (1) The Committee on Standards of Official Conduct shall establish within the committee an Office on Advice and Education (hereinafter in this subsection referred to as the "Office") under the supervision of the chairman. (2) The Office shall be headed by a director who shall be appointed by the chairman, in consultation with the ranking minority member, and shall be comprised of such staff as the chairman determines is necessary to carry out the responsibilities of the Office. (3) The primary responsibilities of the Office shall include: (A) Providing information and guidance to Members, officers and employees of the House regarding any laws, rules, regulations, and other standards of conduct applicable to such individuals in their official capacities, and any interpretations and advisory opinions of the committee. (B) Submitting to the chairman and ranking minority member of the committee any written request from any such Member, officer or employee for an interpretation of applicable laws, rules, regulations, or other standards of conduct, together with any recommendations thereon. (C) Recommending to the committee for its consideration formal advisory opinions of general applicability. (D) Developing and carrying out, subject to the approval of the chairman, periodic educational briefings for Members, officers and employees of the House on those laws, rules, regulations, or other standards of conduct applicable to them. (4) No information provided to the Committee on Standards of Official Conduct by a Member, officer or employee of the House of Representatives when seeking advice regarding prospective conduct of such Member, officer or employee may be used as the basis for initiating an investigation under clause 4(e)(1)(B) of rule X (!1) of the Rules of the House of Representatives, if such Member, officer or employee acts in accordance with the written advice of the committee. (j) Effective date This section shall take effect immediately before noon January 3, 1991, except that subsections (g), (h), and (i) shall take effect on January 1, 1990. -SOURCE- (Pub. L. 101-194, title VIII, Sec. 803, Nov. 30, 1989, 103 Stat. 1774.) -REFTEXT- REFERENCES IN TEXT The Rules of the House of Representatives for the One Hundred Sixth Congress were adopted and amended generally by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Provisions formerly appearing in clause 5(d) of rule XI, referred to in subsecs. (c) and (d), are now contained in clause 6(d) of rule X. Provisions formerly appearing in clause 4(e)(1)(B) of rule X, referred to in subsecs. (d)(3) and (i)(4), are now contained in clause 3(a)(2) of rule XI. -COD- CODIFICATION Section is comprised of section 803 of Pub. L. 101-194. Subsecs. (a) and (e) to (h) of section 803 amended the Rules of the House of Representatives which are not classified to the Code. -MISC1- ACCEPTANCE OF GIFTS; AMENDMENTS TO ADVISORY OPINIONS Section 801(e) of Pub. L. 101-194 provided that: "The Committee on Standards of Official Conduct of the House of Representatives shall amend its advisory opinions relating to the acceptance of gifts (1) to prohibit lodging received as personal hospitality in excess of 30 days in any calendar year from any individual unless a written waiver is granted by the committee and (2) to exempt gifts of food and beverages consumed not in connection with gifts of lodging from coverage under clause 4 of rule XLIII [now clause 4 of rule XXIII] of the Rules of the House of Representatives." NONCAMPAIGN USE OF CAMPAIGN VEHICLES Section 802(e) of Pub. L. 101-194 provided that: "The Committee on Standards of Official Conduct of the House of Representatives shall issue an advisory opinion to provide for appropriate conditions for the incidental noncampaign use of vehicles owned or leased by a campaign committee of a Member of the House of Representatives." RESTRICTIONS ON REIMBURSABLE TRAVEL EXPENSES Section 805 of Pub. L. 101-194 provided that: "(a) Restrictions. - The Committee on Standards of Official Conduct of the House of Representatives shall amend its advisory opinions relating to the acceptance of necessary travel expenses incurred on or after January 1, 1990, in connection with speaking engagements and similar events to - "(1) prohibit the acceptance of such expenses for more than 4 consecutive days in the case of domestic travel and 7 consecutive days (excluding travel days) in the case of foreign travel; and "(2) permit the acceptance of travel expenses for the spouse or other family member in connection with any substantial participation event or fact-finding activity. "(b) Exemption Authority. - The Committee on Standards of Official Conduct of the House of Representatives is authorized to grant prior written exemptions from the limitations contained in subsection (a)(1) in exceptional circumstances." -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 2 USC Sec. 30 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 30. Term of service of Members of Congress as trustees or directors of corporations or institutions appropriated for -STATUTE- In all cases where Members of Congress or Senators are appointed to represent Congress on any board of trustees or board of directors of any corporation or institution to which Congress makes any appropriation, the term of said Members or Senators, as such trustee or director, shall continue until the expiration of two months after the first meeting of the Congress chosen next after their appointment. -SOURCE- (Mar. 3, 1893, ch. 199, Sec. 1, 27 Stat. 553.) -COD- CODIFICATION Section was formerly classified to section 722 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -End- -CITE- 2 USC Sec. 30a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 2 - ORGANIZATION OF CONGRESS -HEAD- Sec. 30a. Jury duty exemption of elected officials of legislative branch -STATUTE- (a) Notwithstanding any other provision of Federal, State or local law, no elected official of the legislative branch of the United States Government shall be required to serve on a grand or petit jury, convened by any Federal, State or local court, whether such service is requested by judicial summons or by some other means of compulsion. (b) "Elected official of the legislative branch" shall mean each Member of the United States House of Representatives, the Delegates from the District of Columbia, Guam, the American Virgin Islands, and American Samoa, and the Resident Commissioner from Puerto Rico, and each United States Senator. -SOURCE- (Pub. L. 101-520, title III, Sec. 310, Nov. 5, 1990, 104 Stat. 2278.) -COD- CODIFICATION Section is from the Legislative Branch Appropriations Act, 1991. -End- -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