At the regular election held in any State next preceding the expiration of the term for which any Senator was elected to represent such State in Congress, at which election a Representative to Congress is regularly by law to be chosen, a United States Senator from said State shall be elected by the people thereof for the term commencing on the 3d day of January next thereafter.

(June 4, 1914, ch. 103, §1, 38 Stat. 384; June 5, 1934, ch. 390, §3, 48 Stat. 879.)

1934—Act June 5, 1934, substituted “3d day of January” for “fourth day of March”.

The first section of Amendment XX to the Constitution provides in part: “* * * the terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.”

Time for election of Senators, see Const. Art. I, §4, cl. 1.

Vacancies in the Senate, see Const. Amend. XVII.

It shall be the duty of the executive of the State from which any Senator has been chosen to certify his election, under the seal of the State, to the President of the Senate of the United States.

(R.S. §18.)

R.S. §18 derived from act July 25, 1866, ch. 245, §3, 14 Stat. 244.

This section is referred to in section 1b of this title.

The certificate mentioned in section 1a of this title shall be countersigned by the secretary of state of the State.

(R.S. §19.)

R.S. §19 derived from act July 25, 1866, ch. 245, §3, 14 Stat. 244.

Section, act Aug. 8, 1911, ch. 5, §§1, 2, 37 Stat. 13, 14, fixed composition of House of Representatives at 435 Members, to be apportioned to the States therein enumerated. For provisions dealing with reapportionment of Representatives and manner of election, etc., see sections 2a and 2b of this title.

(a) On the first day, or within one week thereafter, of the first regular session of the Eighty-second Congress and of each fifth Congress thereafter, the President shall transmit to the Congress a statement showing the whole number of persons in each State, excluding Indians not taxed, as ascertained under the seventeenth and each subsequent decennial census of the population, and the number of Representatives to which each State would be entitled under an apportionment of the then existing number of Representatives by the method known as the method of equal proportions, no State to receive less than one Member.

(b) Each State shall be entitled, in the Eighty-third Congress and in each Congress thereafter until the taking effect of a reapportionment under this section or subsequent statute, to the number of Representatives shown in the statement required by subsection (a) of this section, no State to receive less than one Member. It shall be the duty of the Clerk of the House of Representatives, within fifteen calendar days after the receipt of such statement, to send to the executive of each State a certificate of the number of Representatives to which such State is entitled under this section. In case of a vacancy in the office of Clerk, or of his absence or inability to discharge this duty, then such duty shall devolve upon the Sergeant at Arms of the House of Representatives; and in case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or the absence or inability of both to act, such duty shall devolve upon the Doorkeeper of the House of Representatives.

(c) Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is entitled under such apportionment shall be elected in the following manner: (1) If there is no change in the number of Representatives, they shall be elected from the districts then prescribed by the law of such State, and if any of them are elected from the State at large they shall continue to be so elected; (2) if there is an increase in the number of Representatives, such additional Representative or Representatives shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; (3) if there is a decrease in the number of Representatives but the number of districts in such State is equal to such decreased number of Representatives, they shall be elected from the districts then prescribed by the law of such State; (4) if there is a decrease in the number of Representatives but the number of districts in such State is less than such number of Representatives, the number of Representatives by which such number of districts is exceeded shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; or (5) if there is a decrease in the number of Representatives and the number of districts in such State exceeds such decreased number of Representatives, they shall be elected from the State at large.

(June 18, 1929, ch. 28, §22, 46 Stat. 26; Apr. 25, 1940, ch. 152, 54 Stat. 162; Nov. 15, 1941, ch. 470, §1, 55 Stat. 761.)

1941—Act Nov. 15, 1941, provided for reapportionment based on seventeenth and subsequent decennial censuses.

1940—Act Apr. 25, 1940, provided for reapportionment based on sixteenth decennial census.

Office of Doorkeeper of House of Representatives abolished and functions transferred generally to Sergeant-at-Arms of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Apportionment of Representatives among the several States, see Const. Art. I, §2, cl. 3, and Amend. XIV, §2.

Representation of States of Alaska and Hawaii in House of Representatives as not affecting basis of apportionment established by this section, see section 9 of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions, and section 8 of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48.

This section is referred to in sections 2b, 2c of this title.

Each State shall be entitled, in the Seventy-eighth and in each Congress thereafter until the taking effect of a reapportionment under a subsequent statute or section 2a of this title, to the number of Representatives shown in the statement transmitted to the Congress on January 8, 1941, based upon the method known as the method of equal proportions, no State to receive less than one Member.

(Nov. 15, 1941, ch. 470, §2(a), 55 Stat. 762.)

Section 2(b) of act Nov. 15, 1941, required Clerk of House of Representatives, within 15 days of Nov. 15, 1941, to send a new certificate of entitlement of a State to Representatives, if such a certificate had been sent prior to Nov. 15, 1941, under provisions of section 2a of this title.

In each State entitled in the Ninety-first Congress or in any subsequent Congress thereafter to more than one Representative under an apportionment made pursuant to the provisions of section 2a(a) of this title, there shall be established by law a number of districts equal to the number of Representatives to which such State is so entitled, and Representatives shall be elected only from districts so established, no district to elect more than one Representative (except that a State which is entitled to more than one Representative and which has in all previous elections elected its Representatives at Large may elect its Representatives at Large to the Ninety-first Congress).

(Pub. L. 90–196, Dec. 14, 1967, 81 Stat. 581.)

Section 3, act Aug. 8, 1911, ch. 5, §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, §22, 46 Stat. 21 (section 2a of this title). It was not restated in act June 18, 1929, providing for reapportionment under Fifteenth Census, and hence it was not applicable thereto. See *Wood v. Brown*, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131).

Section 4, act Aug. 8, 1911, ch. 5, §4, 37 Stat. 14, which related to additional Representatives at large, expired by its own limitation on enactment of Reapportionment Act of June 18, 1929, ch. 28, §22, 46 Stat. 21 (section 2a of this title). It was not restated in act June 18, 1929, providing for reapportionment under Fifteenth Census, and hence it was not applicable thereto. See *Wood v. Brown*, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131).

Candidates for Representative or Representatives to be elected at large in any State shall be nominated in the same manner as candidates for governor, unless otherwise provided by the laws of such State.

(Aug. 8, 1911, ch. 5, §5, 37 Stat. 14.)

Should any State deny or abridge the right of any of the male inhabitants thereof, being twenty-one years of age, and citizens of the United States, to vote at any election named in the amendment to the Constitution, article 14, section 2, except for participation in the rebellion or other crime, the number of Representatives apportioned to such State shall be reduced in the proportion which the number of such male citizens shall have to the whole number of male citizens twenty-one years of age in such State.

(R.S. §22.)

R.S. §22 derived from act Feb. 2, 1872, ch. 11, §6, 17 Stat. 29.

The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.

(R.S. §25; Mar. 3, 1875, ch. 130, §6, 18 Stat. 400; June 5, 1934, ch. 390, §2, 48 Stat. 879.)

R.S. §25 derived from act Feb. 2, 1872, ch. 11, §3, 17 Stat. 28.

The second sentence of this section, which was based on section 6 of the act Mar. 3, 1875 and made this section inapplicable to any State that had not yet changed its day of election and whose constitution required an amendment to change the day of election of its State officers, was omitted.

1934—Act June 5, 1934, substituted “3d day of January” for “fourth day of March”.

The first section of Amendment XX to the Constitution provides: “The terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.”

Time for election of Representatives, see Const. Art. I, §4, cl. 1.

The time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such vacancy is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories respectively.

(R.S. §26.)

R.S. §26 derived from act Feb. 2, 1872, ch. 11, §4, 17 Stat. 28.

Vacancies in the House of Representatives, see Const. Art. I, §2, cl. 4.

All votes for Representatives in Congress must be by written or printed ballot, or voting machine the use of which has been duly authorized by the State law; and all votes received or recorded contrary to this section shall be of no effect.

(R.S. §27; Feb. 14, 1899, ch. 154, 30 Stat. 836.)

R.S. §27 derived from acts Feb. 28, 1871, ch. 99, §19, 16 Stat. 440, and May 30, 1872, ch. 239, 17 Stat. 192.


Pub. L. 104–14, June 3, 1995, 109 Stat. 186, provided that:

“(a)

“(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)

“(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)

“(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.

“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.”

The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat.

(R.S. §28.)

R.S. §28 derived from act June 1, 1789, ch. 1, §2, 1 Stat. 23.

When a President of the Senate has not taken the oath of office, it shall be administered to him by any Member of the Senate.

(R.S. §29.)

R.S. §29 derived from act June 1, 1789, ch. 1, §2, 1 Stat. 23.

The presiding officer, for the time being, of the Senate of the United States, shall have power to administer all oaths and affirmations that are or may be required by the Constitution, or by law, to be taken by any Senator, officer of the Senate, witness, or other person, in respect to any matter within the jurisdiction of the Senate.

(Apr. 18, 1876, ch. 66, §1, 19 Stat. 34.)

The Secretary of the Senate, and the assistant secretary thereof, shall, respectively, have power to administer any oath or affirmation required by law, or by the rules or orders of the Senate, to be taken by any officer of the Senate, and to any witness produced before it.

(Apr. 18, 1876, ch. 66, §2, 19 Stat. 34; July 9, 1971, Pub. L. 92–51, 85 Stat. 125.)

Assistant secretary of the Senate deemed successor in references to chief clerk of the Senate in all laws, rules, resolutions, and orders, effective July 1, 1971, under provisions of Pub. L. 92–51, July 9, 1971, 85 Stat. 125.

At the first session of Congress after every general election of Representatives, the oath of office shall be administered by any Member of the House of Representatives to the Speaker; and by the Speaker to all the Members and Delegates present, and to the Clerk, previous to entering on any other business; and to the Members and Delegates who afterward appear, previous to their taking their seats.

The Clerk of the House of Representatives of the Eightieth and each succeeding Congress shall cause the oath of office to be printed, furnishing two copies to each Member and Delegate who has taken the oath of office in accordance with law, which shall be subscribed in person by the Member or Delegate, who shall thereupon deliver them to the Clerk, one to be filed in the records of the House of Representatives, and the other to be recorded in the Journal of the House and in the Congressional Record; and such signed copies, or certified copies thereof, or of either of such records thereof, shall be admissible in evidence in any court of the United States, and shall be held conclusive proof of the fact that the signer duly took the oath of office in accordance with law.

(R.S. §30; Feb. 18, 1948, ch. 53, 62 Stat. 20.)

R.S. §30 derived from act June 1, 1789, ch. 1, §2, 1 Stat. 23.

The last paragraph of this section, which permitted Members and Delegates of the House of Representatives of the Eightieth Congress to subscribe and deliver two signed copies of the printed oath of office at any time before the expiration of the Eightieth Congress, was omitted.

1948—Act Feb. 18, 1948, added last two paragraphs to provide a way by which any Member of House of Representatives can establish by record evidence the fact that the Member took the oath of office and so became a Member.

Provisions respecting representation in Congress by a delegate from District of Columbia to House of Representatives, see section 25a of this title.

Provisions respecting representation in Congress by a Delegate from Guam and Virgin Islands to House of Representatives, see section 1711 et seq. of Title 48, Territories and Insular Possessions.

This section is referred to in section 25b of this title.

(a) The people of the District of Columbia shall be represented in the House of Representatives by a Delegate, to be known as the “Delegate to the House of Representatives from the District of Columbia”, who shall be elected by the voters of the District of Columbia in accordance with the District of Columbia Election Act. The Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting, shall have all the privileges granted a Representative by section 6 of Article I of the Constitution, and shall be subject to the same restrictions and regulations as are imposed by law or rules on Representatives. The Delegate shall be elected to serve during each Congress.

(b) No individual may hold the office of Delegate to the House of Representatives from the District of Columbia unless on the date of his election—

(1) he is a qualified elector (as that term is defined in section 2(2) of the District of Columbia Election Act) of the District of Columbia;

(2) he is at least twenty-five years of age;

(3) he holds no other paid public office; and

(4) he has resided in the District of Columbia continuously since the beginning of the three-year period ending on such date.

He shall forfeit his office upon failure to maintain the qualifications required by this subsection.

(Pub. L. 91–405, title II, §202, Sept. 22, 1970, 84 Stat. 848.)

The District of Columbia Election Act, referred to in subsecs. (a) and (b)(1), is act Aug. 12, 1955, ch. 862, 69 Stat. 699, as amended, which appears in subchapter I (§1–1301 et seq.) of chapter 13 of Title 1, Administration, of the District of Columbia Code. Section 2(2) of that Act appears in section 1–1302(2) of the District of Columbia Code.

Section is also set out in D.C. Code §1–401.

Section 206(b) of title II of Pub. L. 91–405 provided that: “This title and the amendments made by this title [enacting this section and section 25b of this title and amending section 2106 of Title 5, Government Organization and Employees, sections 4342, 6954, and 9342 of Title 10, Armed Forces, sections 201, 203, 204, 591, 594, and 595 of Title 18, Crimes and Criminal Procedure, and section 1973i of Title 42, The Public Health and Welfare] shall take effect on the date of its enactment [Sept. 22, 1970].”

The provisions of law which appear in—

(1) section 25 (relating to oath of office),

(2) section 31 (relating to compensation),

(3) section 34 (relating to payment of compensation),

(4) section 35 (relating to payment of compensation),

(5) section 37 (relating to payment of compensation),

(6) section 38a (relating to compensation),

(7) section 39 (relating to deductions for absence),

(8) section 40 (relating to deductions for withdrawal),

(9) section 40a (relating to deductions for delinquent indebtedness),

(10) section 41 (relating to prohibition on allowance for newspapers),

(11) section 42c (relating to postage allowance),

(12) section 46b (relating to stationery allowance),

(13) section 46b–1 (relating to stationery allowance),

(14) section 46b–2 (relating to stationery allowance),

(15) section 46g (relating to telephone, telegraph, and radiotelegraph allowance),

(16) section 47 (relating to payment of compensation),

(17) section 48 (relating to payment of compensation),

(18) section 49 (relating to payment of compensation),

(19) section 50 (relating to payment of compensation),

(20) section 54 (relating to provision of United States Code Annotated or Federal Code Annotated),

(21) section 60g–1 1 (relating to clerk hire),

(22) section 60g–2(a) 1 (relating to interns),

(23) section 80 (relating to payment of compensation),

(24) section 81 1 (relating to payment of compensation),

(25) section 82 1 (relating to payment of compensation),

(26) section 92 (relating to clerk hire),

(27) section 92b (relating to pay of clerical assistants),

(28) section 112e (relating to electrical and mechanical office equipment),

(29) section 122 1 (relating to office space in the District of Columbia), and

(30) section 123b (relating to use of House Recording Studio),

of this title shall apply with respect to the Delegate to the House of Representatives from the District of Columbia in the same manner and to the same extent as they apply with respect to a Representative. The Federal Corrupt Practices Act and the Federal Contested Election Act [2 U.S.C. 381 et seq.] shall apply with respect to the Delegate to the House of Representatives from the District of Columbia in the same manner and to the same extent as they apply with respect to a Representative.

(Pub. L. 91–405, title II, §204(a), Sept. 22, 1970, 84 Stat. 852.)

Section 60g–1 of this title, referred to in par. (21), was repealed by Pub. L. 91–510, title IV, §477(a)(2), Oct. 26, 1970, 84 Stat. 1195. See section 332 of this title.

Section 60g–2 of this title, referred to in par. (22), which was based on House Resolution No. 416, Eighty-ninth Congress, June 16, 1965, as enacted into permanent law by Pub. L. 89–545, §103, Aug. 27, 1966, 80 Stat. 369, was repealed by section 2 of House Resolution No. 420, Ninety-third Congress, Sept. 18, 1973, as enacted into permanent law by Pub. L. 93–245, ch. VI, §600, Jan. 3, 1974, 87 Stat. 1979. Present section 60g–2 of this title is based on section 1 of House Resolution No. 420 as enacted into permanent law by Pub. L. 93–245.

Section 81 of this title, referred to in par. (24), was repealed by Pub. L. 93–344, title V, §505(2), July 12, 1974, 88 Stat. 322.

Section 82 of this title, referred to in par. (25), was repealed by Pub. L. 92–310, title II, §220(d), (e), June 6, 1972, 86 Stat. 204.

Section 122 of this title, referred to in par. (29), was repealed by Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 778. See section 122b et seq. of this title.

The Federal Corrupt Practices Act, referred to in text, is act Feb. 28, 1925, ch. 368, title III, §§301–317, 43 Stat. 1070, as amended, which was classified generally to chapter 8 (§241 et seq.) of this title, was repealed by acts June 25, 1948, ch. 645, §21, 62 Stat. 862, and Feb. 7, 1972, Pub. L. 92–225, title IV, §405, 86 Stat. 20, and is covered generally by chapter 14 (§431 et seq.) of this title. For further details and for complete classification of this Act to the Code prior to its repeal, see notes set out under section 241 et seq. of this title and Tables.

The Federal Contested Elections Act, referred to in text, is Pub. L. 91–138, Dec. 5, 1969, 83 Stat. 284, which is classified generally to chapter 12 (§381 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 381 of this title and Tables.

Section is also set out in D.C. Code §1–402.

Section effective Sept. 22, 1970, see section 206(b) of Pub. L. 91–405, set out as a note under section 25a of this title.

1 See References in Text note below.

Before the first meeting of each Congress the Clerk of the next preceding House of Representatives shall make a roll of the Representatives-elect, and place thereon the names of those persons, and of such persons only, whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States. In case of a vacancy in the office of Clerk of the House of Representatives, or of the absence or inability of the Clerk to discharge the duties imposed on him by law or custom relative to the preparation of the roll of Representatives or the organization of the House, those duties shall devolve on the Sergeant at Arms of the next preceding House of Representatives. In case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or of the absence or inability of both to act, the duties of the Clerk relative to the preparation of the roll of the House of Representatives or the organization of the House shall be performed by the Doorkeeper of the next preceding House of Representatives.

(R.S. §§31–33.)

R.S. §31 derived from acts Feb. 21, 1867, ch. 56, §1, 14 Stat. 397 and Mar. 3, 1863, ch. 108, 12 Stat. 804.

R.S. §§32 and 33 derived from act Feb. 21, 1867, ch. 56, §2, 14 Stat. 397.

R.S. §31 constitutes first sentence; R.S. §32 constitutes second sentence, and R.S. §33 constitutes the third sentence.

Office of Doorkeeper of House of Representatives abolished and functions transferred generally to Sergeant-at-Arms of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

This section is referred to in section 34 of this title.

Whenever Congress is about to convene, and from the prevalence of contagious sickness, or the existence of other circumstances, it would, in the opinion of the President, be hazardous to the lives or health of the members to meet at the seat of Government, the President is authorized, by proclamation, to convene Congress at such other place as he may judge proper.

(R.S. §34.)

R.S. §34 derived from act Apr. 3, 1794, ch. 17, 1 Stat. 353.

Removal of public offices from seat of government because of prevalence of contagious or epidemic disease, see section 73 of Title 4, Flag and Seal, Seat of Government, and the States.

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.

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.

For the purpose of carrying out each such compilation and preparation, the Parliamentarian may—

(1) subject to the approval of the Speaker, appoint (as employees of the House of Representatives) clerical and other personnel and fix their respective rates of pay; and

(2) utilize the services of personnel of the Library of Congress and the Government Printing Office.

(Pub. L. 91–510, title III, §331, Oct. 26, 1970, 84 Stat. 1186.)

The Legislative Branch Appropriation Act, 1966, referred to in subsec. (a), is Pub. L. 89–90, July 27, 1965, 79 Stat. 265. For complete classification of this Act to the Code, see Tables.

Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 72a of this title.

Establishment of Office of Parliamentarian of House of Representatives, see section 287 et seq. of this title.

The Speaker is authorized and directed to complete the Compilation of the Precedents of the House of Representatives by January 1, 1977, and prepare an updated compilation of such precedents every two years thereafter. Copies of the Compilation of Precedents shall be printed in sufficient quantity to be available to every Member and the standing committees of the House of Representatives.

(Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.)

Section is based on section 208 of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93–554.

Pub. L. 93–554 provided that the enactment of House Resolution No. 988, Ninety-third Congress, into permanent law is effective Jan. 2, 1975.

(a) There shall be printed and bound as a public document two thousand sets of the Precedents of the House of Representatives compiled and prepared by Lewis Deschler (hereinafter in sections 28b to 28e of this title referred to as the “Precedents”) in accordance with the provisions of the Legislative Branch Appropriation Act, 1966 (Public Law 89–90; 79 Stat. 265).

(b) The number of sets authorized to be printed and bound by or pursuant to sections 28b to 28e of this title shall be in lieu of the usual number of copies for binding and distribution required by section 701 of title 44.

(Pub. L. 94–551, §1, Oct. 18, 1976, 90 Stat. 2537.)

The Legislative Branch Appropriation Act, 1966, referred to in text, is Pub. L. 89–90, July 27, 1965, 79 Stat. 265. For complete classification of this Act to the Code, see Tables.

This section is referred to in section 28e of this title.

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.

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.

The Public Printer shall make the following distribution of sets of the Precedents:

(1) to the office of the Vice President, to the office of the speaker of the House of Representatives, and to the office of the President pro tempore of the Senate, each, five sets;

(2) to the office of the majority leader of the House of Representatives and to the office of the minority leader of the House of Representives,1 each, three sets;

(3) to the Parliamentarian of the House of Representatives, sixty sets;

(4) to the Parliamentarian of the Senate, five sets;

(5) to the Clerk of the House of Representatives, to the Sergeant at Arms of the House of Representatives, and to the Doorkeeper of the House of Representatives, each, two sets;

(6) to the Secretary of the Senate and to the Sergeant at Arms of the Senate, each, two sets;

(7) to the superintendent of the House document room, two sets;

(8) to the superintendent of the Senate document room, two sets;

(9) to the Library of Congress, for international exchange and for official use in Washington, District of Columbia, one hundred and fifty sets;

(10) to the National Archives, three sets;

(11) to the government of the District of Columbia, twelve sets;

(12) to the Smithsonian Institute, two sets;

(13) to the library of each legislative branch of each State, territory, and possession of the United States, one set; and

(14) to the Superintendent of Documents, eight hundred and sixteen sets for distribution to the depository library system.

(Pub. L. 94–551, §2, Oct. 18, 1976, 90 Stat. 2537.)

Office of Doorkeeper of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

This section is referred to in sections 28b, 28e of this title.

1 So in original. Probably should be “Representatives,”.

(a) The Public Printer shall make the following distribution of sets of the Precedents;

(1) to each standing or joint committee of the Congress which is in existence on October 18, 1976, or which is established after October 18, 1976, four sets;

(2) to the office of the Legislative Counsel of the House of Representatives, five sets;

(3) to the office of the Legislative Counsel of the Senate, five sets;

(4) to the library of the House of Representatives, four sets;

(5) to the library of the Senate, two sets;

(6) to the library of the Supreme Court of the United States, nine sets;

(7) to the office of the Official Reporter of Debates of the House of Representatives, three sets; and

(8) to the office of the Official Reporter of Debates of the Senate, three sets.

(b) Each set of Precedents distributed by the Public Printer under subsection (a) of this section shall be for official use. Each such set shall be legibly stamped on the front cover “Property of the United States Government.” Each such set, upon delivery, shall become and remain the property of the United States, and may not be removed from the building in which is located the designated library or office, as the case may be.

(Pub. L. 94–551, §3, Oct. 18, 1976, 90 Stat. 2538.)

This section is referred to in sections 28b, 28e of this title.

(a) Any set of the Precedents printed and bound pursuant to subsection (a) of section 28b of this title, not needed to carry out the distributions required by sections 28b to 28e of this title, shall be distributed under the direction of the Joint Committee on Printing.

(b) The Joint Committee on Printing may from time to time authorize and direct that additional sets of the Precedents, be printed, bound, and distributed in such manner as the Joint Committee determines will best carry out the purposes of sections 28b to 28e of this title.

(Pub. L. 94–551, §4, Oct. 18, 1976, 90 Stat. 2538.)

This section is referred to in section 28b of this title.

The Parliamentarian of the House of Representatives shall prepare, compile, and maintain on a current basis and in cumulative form, for each Congress commencing with the Ninety-third Congress a condensed and, insofar as practicable, up-to-date version of all of the parliamentary precedents of the House of Representatives which have current use and application in the House, together with informative text prepared by the Parliamentarian and other useful related material in summary form. The Parliamentarian shall have such matter printed for each Congress on pages of such size and in such type and format as he considers advisable to promote the usefulness of such matter to the Members of the House and shall provide a printed copy thereof to each Member in each Congress, including the Resident Commissioner from Puerto Rico, and may make such other distribution of such printed copies as he considers advisable. In carrying out this section, the Parliamentarian may appoint and fix the pay of personnel and utilize the services of personnel of the Library of Congress and the Government Printing Office.

(Pub. L. 91–510, title III, §332, Oct. 26, 1970, 84 Stat. 1186.)

Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 72a of this title.

Establishment of Office of Parliamentarian of House of Representatives, see section 287 et seq. of this title.

(1) The majority leader or minority leader of the House of Representatives after consultation with the Speaker may at any time during any even-numbered year call a caucus or conference, to begin on or after the first day of December and conclude on or before the twentieth day of December in such year and to be attended by all incumbent Members of his or her political party who have been reelected to the ensuing Congress and all other Members-elect of such party, for the purpose of taking all steps necessary to achieve the prompt organization of the Members and Members-elect of such party for the ensuing Congress.

(2) If the majority leader or minority leader calls an organizational caucus or conference under paragraph (1), he or she shall file with the Clerk of the House a written notice designating the date upon which the caucus or conference is to convene. As soon as possible after the election of Members to the ensuing Congress, the Clerk shall furnish each Member-elect of the party involved with appropriate written notification of the caucus or conference.

(3) If a vacancy occurs in the office of majority leader or minority leader during any even-numbered year (and has not been filled), the chairman of the caucus or conference of the party involved for the current Congress may call an organizational caucus or conference under paragraph (1) by filing written notice thereof as provided by paragraph (2).

(1)(A) Each Member-elect (other than an incumbent Member reelected to the ensuing Congress) who attends a caucus or conference called under subsection (a) of this section, and each incumbent Member reelected to the ensuing Congress who attends any such caucus or conference convening after the adjournment sine die of the Congress in the year involved, shall be paid for one round trip between his or her place of residence in the district which he or she represents and Washington, District of Columbia, for the purpose of attending such caucus or conference. Payment shall be made through the issuance of a transportation request form to each such Member-elect or incumbent Member by the Finance Office of the House before such caucus or conference.

(B) Each Member-elect (other than an incumbent Member reelected to the ensuing Congress) who attends a caucus or conference called under subsection (a) of this section shall in addition be reimbursed on a per diem or other basis for expenses incurred in connection with his or her attendance at such caucus or conference for a period not to exceed the shorter of the following—

(i) the period beginning with the day before the designated date upon which such caucus or conference is to convene and ending with the day after the date of the final adjournment of such caucus or conference; or

(ii) fourteen days.

(2) Payments and reimbursements to Members-elect under paragraph (1) shall be made as provided (with respect to Members) in the regulations prescribed by the Committee on House Administration with respect to travel and other expenses of committees and Members. Reimbursements shall be paid on special voucher forms prescribed by the Committee on House Administration.

The contingent fund of the House is made available to carry out the purposes of this section.

(Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.)

Section is based on section 202 of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93–554.

Committee on House Administration of House of Representatives treated as referring to Committee on House Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of this title.

Pub. L. 93–554 provided that the enactment of House Resolution No. 988, Ninety-third Congress, into permanent law is effective Jan. 2, 1975.

Finance Office of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

This section is referred to in section 43b–2 of this title.

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, §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).

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.

The Committee on Standards of Official Conduct shall adopt rules providing—

(1) for the establishment of a 4 or 6-member investigative subcommittee (with equal representation from the majority and minority parties) whenever the committee votes to undertake any investigation;

(2) that the senior majority and minority members on an investigative subcommittee shall serve as the chairman and ranking minority member of the subcommittee; and

(3) that the chairman and ranking minority member of the full committee may only serve as non-voting, ex officio members on an investigative subcommittee.

Clause 5(d) of rule XI of the Rules of the House of Representatives shall not apply to any investigative subcommittee.

The Committee on Standards of Official Conduct shall adopt rules providing—

(1) that upon the completion of an investigation, an investigative subcommittee shall report its findings and recommendations to the committee;

(2) that, if an investigative subcommittee by majority vote of its membership adopts a statement of alleged violation, the remaining members of the committee shall comprise an adjudicatory subcommittee to hold a disciplinary hearing on the violation alleged in the statement;

(3) that any statement of alleged violation and any written response thereto shall be made public at the first meeting or hearing on the matter which is open to the public after the respondent has been given full opportunity to respond to the statement in accordance with committee rules, but, if no public hearing or meeting is held on the matter, the statement of alleged violation and any written response thereto shall be included in the committee's final report to the House of Representatives as required by clause 4(e)(1)(B) of rule X of the Rules of the House of Representatives;

(4) that a quorum for an adjudicatory subcommittee for the purpose of taking testimony and conducting any business shall consist of a majority of the membership of the subcommittee plus one; and

(5) that an adjudicatory subcommittee shall determine, after receiving evidence, whether the counts in the statement have been proved and shall report its findings to the committee.

Clause 5(d) of rule XI of the Rules of the House of Representatives shall not apply to any adjudicatory subcommittee.

(1) The Committee on Standards of Official Conduct shall establish within the committee an Office on Advice and Education (hereinafter in this subsection referred to as the “Office”) under the supervision of the chairman.

(2) The Office shall be headed by a director who shall be appointed by the chairman, in consultation with the ranking minority member, and shall be comprised of such staff as the chairman determines is necessary to carry out the responsibilities of the Office.

(3) The primary responsibilities of the Office shall include:

(A) Providing information and guidance to Members, officers and employees of the House regarding any laws, rules, regulations, and other standards of conduct applicable to such individuals in their official capacities, and any interpretations and advisory opinions of the committee.

(B) Submitting to the chairman and ranking minority member of the committee any written request from any such Member, officer or employee for an interpretation of applicable laws, rules, regulations, or other standards of conduct, together with any recommendations thereon.

(C) Recommending to the committee for its consideration formal advisory opinions of general applicability.

(D) Developing and carrying out, subject to the approval of the chairman, periodic educational briefings for Members, officers and employees of the House on those laws, rules, regulations, or other standards of conduct applicable to them.

(4) No information provided to the Committee on Standards of Official Conduct by a Member, officer or employee of the House of Representatives when seeking advice regarding prospective conduct of such Member, officer or employee may be used as the basis for initiating an investigation under clause 4(e)(1)(B) of rule X of the Rules of the House of Representatives, if such Member, officer or employee acts in accordance with the written advice of the committee.

This section shall take effect immediately before noon January 3, 1991, except that subsections (g), (h), and (i) shall take effect on January 1, 1990.

(Pub. L. 101–194, title VIII, §803, Nov. 30, 1989, 103 Stat. 1774.)

Section is comprised of section 803 of Pub. L. 101–194. Subsecs. (a) and (e) to (h) of section 803 amended the Rules of the House of Representatives which are not classified to the Code.

Section 801(e) of Pub. L. 101–194 provided that: “The Committee on Standards of Official Conduct of the House of Representatives shall amend its advisory opinions relating to the acceptance of gifts (1) to prohibit lodging received as personal hospitality in excess of 30 days in any calendar year from any individual unless a written waiver is granted by the committee and (2) to exempt gifts of food and beverages consumed not in connection with gifts of lodging from coverage under clause 4 of rule XLIII of the Rules of the House of Representatives.”

Section 802(e) of Pub. L. 101–194 provided that: “The Committee on Standards of Official Conduct of the House of Representatives shall issue an advisory opinion to provide for appropriate conditions for the incidental noncampaign use of vehicles owned or leased by a campaign committee of a Member of the House of Representatives.”

Section 805 of Pub. L. 101–194 provided that:

“(a)

“(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)

In all cases where Members of Congress or Senators are appointed to represent Congress on any board of trustees or board of directors of any corporation or institution to which Congress makes any appropriation, the term of said Members or Senators, as such trustee or director, shall continue until the expiration of two months after the first meeting of the Congress chosen next after their appointment.

(Mar. 3, 1893, ch. 199, §1, 27 Stat. 553.)

Section was formerly classified to section 722 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.

(a) Notwithstanding any other provision of Federal, State or local law, no elected official of the legislative branch of the United States Government shall be required to serve on a grand or petit jury, convened by any Federal, State or local court, whether such service is requested by judicial summons or by some other means of compulsion.

(b) “Elected official of the legislative branch” shall mean each Member of the United States House of Representatives, the Delegates from the District of Columbia, Guam, the American Virgin Islands, and American Samoa, and the Resident Commissioner from Puerto Rico, and each United States Senator.

(Pub. L. 101–520, title III, §310, Nov. 5, 1990, 104 Stat. 2278.)

Section is from the Legislative Branch Appropriations Act, 1991.


(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.

(Aug. 2, 1946, ch. 753, title VI, §601(a), 60 Stat. 850; Jan. 19, 1949, ch. 2, §1(d), 63 Stat. 4; Mar. 2, 1955, ch. 9, §4(a), 69 Stat. 11; Aug. 14, 1964, Pub. L. 88–426, title II, §204, 78 Stat. 415; Oct. 29, 1965, Pub. L. 89–301, §11(e), 79 Stat. 1120; Sept. 15, 1969, Pub. L. 91–67, §2, 83 Stat. 107; Aug. 9, 1975, Pub. L. 94–82, title II, §204(a), 89 Stat. 421; Nov. 30, 1989, Pub. L. 101–194, title VII, §704(a)(2)(B), 103 Stat. 1769; Nov. 5, 1990, Pub. L. 101–509, title V, §529 [title I, §101(b)(4)(D)], 104 Stat. 1427, 1439; Oct. 13, 1994, Pub. L. 103–356, title I, §101(1), 108 Stat. 3410.)

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.

A prior section 31, acts Feb. 26, 1907, ch. 1635, §4, 34 Stat. 993; Mar. 4, 1925, ch. 549, §4, 43 Stat. 1301; May 17, 1932, ch. 190, 47 Stat. 158, related to compensation of Members of Congress, prior to enactment of act Aug. 2, 1946.

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.

Section 101 of Pub. L. 103–356 provided that the amendment made by that section is effective Dec. 31, 1994.

Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of Pub. L. 101–509, set out as a note under section 5301 of Title 5, Government Organization and Employees.

Amendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 704(b) of Pub. L. 101–194, set out as a note under section 5318 of Title 5, Government Organization and Employees.

Amendment by Pub. L. 91–67 effective Mar. 1, 1969, see section 3 of Pub. L. 91–67, set out as a note under section 104 of Title 3, The President.

Amendment by Pub. L. 89–301 effective on first day of first pay period which begins on or after October 1, 1965, see section 17 of Pub. L. 89–301.

Amendment by Pub. L. 88–426 effective at noon, Jan. 3, 1965, see section 501(b) of Pub. L. 88–426.

Section 5 of act Mar. 2, 1955, provided that: “The provisions of this Act [amending this section, section 104 of Title 3, The President, section 7443 of Title 26, Internal Revenue Code, sections 5, 44, 135, 173, 213, 252, and 508 of Title 28, Judiciary and Judicial Procedure, section 101 of Title 48, Territories and Insular Possessions, and section 654 of Title 50, War and National Defense, and repealing section 31a of this title] shall take effect Mar. 1, 1955.”

Amendment by act Jan. 19, 1949, effective at noon, Jan. 20, 1949, see section 3 of act Jan. 19, 1949.

Section 601(a) of act Aug. 2, 1946, provided that the salary rates provided by such section 601(a) are effective Jan. 3, 1947.

Section 201 of title II of Pub. L. 88–426 provided that: “This title [enacting sections 61a, 61a–2, 61d, 61e, 60e–11, 84–2, 136a, 136b, and 273 of this title, sections 42a and 51a of former Title 31, Money and Finance, sections 162a, 166b, and 166b–1 of Title 40, Public Buildings, Property, and Works, and section 39a of former Title 44, Public Printing and Documents, amending this section and section 72a of this title, and enacting provisions set out as notes under this section and sections 60a–1 and 60f of this title] may be cited as the ‘Federal Legislative Salary Act of 1964’.”

Pub. L. 97–51, §130(c), Oct. 1, 1981, 95 Stat. 966, provided that: “Effective beginning with fiscal year 1983, and continuing each year thereafter, such sums as hereafter may be necessary for ‘Compensation of Members’ (and administrative expenses related thereto), as authorized by law and at such level recommended by the President for Federal employees for that fiscal year are hereby appropriated from money in the Treasury not otherwise appropriated. Such sums when paid shall be in lieu of any sums accrued in prior years but not paid. For purposes of this subsection, the term ‘Member’ means each Member of the Senate and the House of Representatives, the Resident Commissioner from Puerto Rico, the Delegates from the District of Columbia, Guam, Virgin Islands, and American Samoa, and the Vice President.”

1996—Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, set out as a note under section 5332 of Title 5, Government Organization and Employees, provided for the adjustment of pay rates effective Jan. 1, 1996.

1995—Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, which provided for the adjustment of pay rates effective Jan. 1, 1995, was superseded by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, set out as a note under section 5332 of Title 5.

1994—Pub. L. 103–6, §7, Mar. 4, 1993, 107 Stat. 35, provided that:

“(a)

“(b)

1993—Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, which provided for the adjustment of pay rates effective Jan. 1, 1993, was superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

1992—Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, which provided for the adjustment of pay rates effective Jan. 1, 1992, was superseded by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, formerly set out as a note under section 5332 of Title 5.

1991—Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which provided for the adjustment of pay rates effective Jan. 1, 1991, was superseded by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly set out as a note under section 5332 of Title 5.

1990—Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which provided for adjustments of pay rates effective Jan. 1, 1990, and Jan. 31, 1990, was superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, formerly set out as a note under section 5332 of Title 5.

1989—Pub. L. 101–194, title VII, §703(a)(2), Nov. 30, 1989, 103 Stat. 1768, set out as a note under section 5318 of Title 5, provided that effective Jan. 1, 1991, the rate of basic pay for the offices and positions under 2 U.S.C. 356(A) and (B) shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), except that this shall not affect the rate of basic pay for a Senator, the President pro tempore of the Senate, or the majority leader or the minority leader of the Senate.

Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided for the adjustment of pay rates effective Jan. 1, 1989, was superseded by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out as a note under section 5332 of Title 5.

1988—Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided for the adjustment of pay rates effective Jan. 1, 1988, was superseded by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under section 5332 of Title 5.

1987—Salary of Speaker of House of Representatives increased to $115,000 per annum; salaries of President pro tempore of Senate, majority leader and minority leader of Senate, and majority leader and minority leader of House of Representatives increased to $99,500 per annum; and salaries of Senators, Members of House of Representatives, Delegates to House of Representatives, and Resident Commissioner from Puerto Rico increased to $89,500 per annum, on recommendation of the President of the United States, effective Mar. 1, 1987, set out as a note under section 358 of this title.

Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided for the adjustment of pay rates effective Jan. 1, 1987, was superseded by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

1985—Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for the adjustment of pay rates effective Jan. 1, 1985, was superseded by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note under section 5332 of Title 5.

1984—Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, which provided for the adjustment of pay rates effective Jan. 1, 1984, was superseded by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under section 5332 of Title 5.

1983—Pub. L. 98–63, title I, §908(d), (f), July 30, 1983, 97 Stat. 338, which provided that, effective with respect to service as a Member performed on or after July 1, 1983, and notwithstanding any other provision of law, in the case of a Member serving in office or position of Senator, President pro tempore of Senate, Majority Leader of Senate, or Minority Leader of Senate during a calendar year, the annual rate of pay paid to such Member for such service would not be less than the annual rate of pay payable for such position on Dec. 17, 1982, increased by 15 percent and rounded in accordance with section 5318 of Title 5, was repealed by Pub. L. 102–90, title I, §6(c), Aug. 14, 1991, 105 Stat. 451.

1982—Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which provided for the adjustment of pay rates effective Oct. 1, 1982, was superseded by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, formerly set out as a note under section 5332 of Title 5.

Maximum rates payable after Dec. 17, 1982, increased from $60,662.50, $68,575.00, and $79,125.00 to $69,800.00, $78,900.00, and $91,000.00, respectively, except for Senators, see Pub. L. 97–377, title I, §129(b)–(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under section 5318 of Title 5.

Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of Pub. L. 97–276, as amended, set out as a note under section 5318 of Title 5.

1981—Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which provided for the adjustment of pay rates effective Oct. 1, 1981, was superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note under section 5332 of Title 5.

Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of Pub. L. 97–92, set out as a note under section 5318 of Title 5.

1980—Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, which provided for the adjustment of pay rates effective Oct. 1, 1980, was superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under section 5332 of Title 5.

Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101(c) of Pub. L. 96–536, as amended, set out as a note under section 5318 of Title 5.

1979—Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58761, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, which provided for the adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under section 5332 of Title 5.

Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95–391 on use of funds to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101 of Pub. L. 96–86, set out as a note under section 5318 of Title 5.

1978—Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, which provided for the adjustment of pay rates effective Oct. 1, 1978, was superseded by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, formerly set out as a note under section 5332 of Title 5.

Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above Level V of the Executive Schedule, see section 304 of Pub. L. 95–391 and section 613 of Pub. L. 95–429, set out as a note under section 5318 of Title 5.

1977—Salary of Speaker of House of Representatives increased to $75,000 per annum; salaries of President pro tempore of Senate, majority leader and minority leader of Senate, and majority leader and minority leader of House of Representatives increased to $65,000 per annum; and salaries of Senators, Members of House of Representatives, Delegate to House of Representatives and Resident Commissioner from Puerto Rico increased to $57,500 per annum, on recommendation of the President of the United States effective at the beginning of the first pay period beginning after the 30th day following Jan. 17, 1977, set out as a note under section 358 of this title.

Pub. L. 95–66, §1(2), July 11, 1977, 91 Stat. 270, set out as a note under section 5318 of Title 5, Government Organization and Employees, provided that the first adjustment which, but for the enactment of Pub. L. 95–66, would have been made in the annual rate of pay for Members of Congress under paragraph (2) of this section after July 11, 1977, would not take effect.

1976—Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, which provided for the adjustment of pay rates effective Oct. 1, 1976, was superseded by Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, formerly set out as a note under section 5332 of Title 5.

1975—Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, which provided for the adjustment of pay rates effective Oct. 1, 1975, was superseded by Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, formerly set out as a note under section 5332 of Title 5.

1969—Salaries of Senators, Members of House of Representatives, and Resident Commissioner from Puerto Rico increased to $42,500, on recommendation of the President of the United States, effective at beginning of first pay period beginning after the 30th day following Jan. 15, 1969, set out as a note under section 358 of this title.

Act Aug. 7, 1953, ch. 353, 67 Stat. 485, which established a Commission to determine appropriate rates of salaries for justices and judges of courts of United States and for Vice President, Speaker of House of Representatives, and Members of Congress, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 657.

Claims for overpayment of pay or allowances to Senators, see section 130c of this title.

Expense allowance of Speaker of House of Representatives, see section 31b of this title.

Retirement pay, see section 8331 et seq., of Title 5, Government Organization and Employees.

This section is referred to in section 25b of this title.

Section, Pub. L. 98–63, title I, §908(a)–(c), July 30, 1983, 97 Stat. 337, 338; Pub. L. 99–190, §137, Dec. 19, 1985, 99 Stat. 1323; Pub. L. 101–194, title VI, §601(b)(2), title XI, §1101(b), Nov. 30, 1989, 103 Stat. 1762, 1782; Pub. L. 101–280, §7(b)(2)[(d)(2)], May 4, 1990, 104 Stat. 161, related to maximum amount of honoraria which could be accepted by Members of Congress.

(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.

The term “necessary expenses”, with respect to limits on domestic and foreign travel by Members and staff of the Senate, means reasonable expenses for food, lodging, or transportation which are incurred by a Member, officer, or employee of the Senate in connection with services provided to (or participation in an event sponsored by) the organization which provides reimbursement for such expenses or which provides the food, lodging, or transportation directly. Necessary expenses do not include the provision of food, lodging, or transportation, or the payment for such expenses, for a continuous period in excess of 3 days exclusive of travel time within the United States or 7 days exclusive of travel time outside of the United States unless such travel is approved by the Committee on Ethics as necessary for participation in a conference, seminar, meeting or similar matter. Necessary expenses do not include the provision of food, lodging, or transportation, or the payment for such expenses, for anyone accompanying a Member, officer, or employee of the Senate, other than the spouse or child of such Member, officer, or employee of the Senate or one Senate employee acting as an aide to a Member.

(Pub. L. 101–194, title IX, §901, Nov. 30, 1989, 103 Stat. 1778; Pub. L. 101–280, §8, May 4, 1990, 104 Stat. 162; Pub. L. 102–90, title III, §314(c), Aug. 14, 1991, 105 Stat. 470.)

Section 102(a)(2)(A) of the Ethics in Government Act of 1978, referred to in subsec. (a)(2)(B), is section 102(a)(2)(A) of title I of Pub. L. 95–521, as amended. Section 102 was classified to section 702 of this title prior to the general amendment of title I of Pub. L. 95–521 by Pub. L. 101–194, title II, §202, Nov. 30, 1989, 103 Stat. 1724. Title I of Pub. L. 95–521, as so amended, is set out in the Appendix to Title 5, Government Organization and Employees.

Section 107(2) of title I of the Ethics in Government Act of 1978 (Public Law 95–521), referred to in subsec. (a)(3)(B), was classified to section 707(2) of this title prior to the general amendment of title I of Pub. L. 95–521 by Pub. L. 101–194, title II, §202, Nov. 30, 1989, 103 Stat. 1724. Title I of Pub. L. 95–521, as so amended, is set out in the Appendix to Title 5, and the definition of “relative” is contained in section 109(16) of Pub. L. 95–521.

1991—Subsec. (a)(1). Pub. L. 102–90, §314(c)(1)–(3), redesignated par. (2) as (1), substituted “in any calendar year aggregating more than the minimal value as established by section 7342(a)(5) of title 5 or $250, whichever is greater” for “having an aggregate value exceeding $300 during a calendar year”, and struck out former par. (1) which read as follows: “No Member, officer, or employee of the Senate, or the spouse or dependent thereof, shall knowingly accept, directly or indirectly, any gift or gifts having an aggregate value exceeding $100 during a calendar year directly or indirectly from any person, organization, or corporation having a direct interest in legislation before the Congress or from any foreign national unless, in an unusual case, a waiver is granted by the Select Committee on Ethics.”

Subsec. (a)(2). Pub. L. 102–90, §314(c)(2), (4), redesignated par. (5) as (2) and, in subpar. (B), substituted “$100 or less, as adjusted under section 102(a)(2)(A) of the Ethics in Government Act of 1978” for “less than $75”. Former par. (2) redesignated (1).

Subsec. (a)(3). Pub. L. 102–90, §314(c)(5), redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: “the term ‘foreign national’ means a person acting directly or indirectly on behalf of a foreign corporation, partnership, or business enterprise, a foreign trade, cultural, educational, or other association, a foreign political party, or a foreign government;”.

Pub. L. 102–90, §314(c)(1), (2), redesignated par. (6) as (3) and struck out former par. (3) which read as follows: “In determining the aggregate value of any gift or gifts accepted by an individual during a calendar year from any person, organization, or corporation, there may be deducted the aggregate value of gifts (other than gifts described in paragraph (5)) given by such individual to such person, organization, or corporation during that calendar year.”

Subsec. (a)(4). Pub. L. 102–90, §314(c)(1), (2), redesignated par. (7) as (4) and struck out former par. (4) which read as follows: “For purposes of this subsection, only the following shall be deemed to have a direct interest in legislation before the Congress:

“(A) a person, organization, or corporation registered under the Federal Regulation of Lobbying Act of 1946, or any successor statute, a person who is an officer or director of such a registered lobbyist, or a person who has been employed or retained by such a registered lobbyist for the purpose of influencing legislation before the Congress; or

“(B) a corporation, labor organization, or other organization which maintains a separate segregated fund for political purposes (within the meaning of section 441b of this title), a person who is an officer or director of such corporation, labor organization, or other organization, or a person who has been employed or retained by such corporation, labor organization, or other organization for the purpose of influencing legislation before the Congress.”

Subsec. (a)(5) to (8). Pub. L. 102–90, §314(c)(2), redesignated pars. (5) to (8) as (2) to (5), respectively.

1990—Subsec. (a)(5)(D). Pub. L. 101–280, §8(1)(A), struck out subpar. (D) which read as follows: “from an individual who is a foreign national if that individual is not acting; directly or indirectly, on behalf of a foreign corporation, partnership or business enterprise, a foreign trade, cultural, educational or other association, a foreign political party or a foreign government.”

Subsec. (a)(6)(A) to (C). Pub. L. 101–280, §8(1)(B), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.

Subsec. (b). Pub. L. 101–280, §8(2), substituted “or child of such Member” for “of a Member” and struck out “(and 2 nights)” after “of 3 days” and “(and 6 nights)” after “or 7 days”.

Section 314(g) of Pub. L. 102–90, as amended by Pub. L. 102–378, §4(c), Oct. 2, 1992, 106 Stat. 1358, provided that:

“(1) The amendments made by subsections (b) through (f) [amending this section, section 505 of the Ethics in Government Act of 1978, Pub. L. 95–521, set out in the Appendix to Title 5, Government 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.]

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.

Section, acts Aug. 2, 1946, ch. 753, title VI, §601(b), 60 Stat. 850; Oct. 20, 1951, ch. 521, title VI, §619(d), 65 Stat. 570, related to expense allowance for Senators, Representatives, Delegates, and Resident Commissioner.

Effective fiscal year 1978 and each fiscal year thereafter, the expense allowances of the Majority and Minority Leaders of the Senate are increased to $10,000 each fiscal year for each leader: *Provided,* That, effective with the fiscal year 1983 and each fiscal year thereafter, the expense allowance of the Majority and Minority Whips of the Senate shall not exceed $5,000 each fiscal year for each Whip: *Provided further,* That, during the period beginning on January 3, 1977, and ending September 30, 1977, and during each fiscal year thereafter, the Vice President, the Majority Leader, the Minority Leader, the Majority Whip, and the Minority Whip may receive the expense allowance (a) as reimbursement for actual expenses incurred upon certification and documentation of such expenses by the Vice President, the respective Leader or the respective Whip, or (b) in equal monthly payments: *Provided further,* That effective January 3, 1977, the amounts paid to the Vice President, the Majority or Minority Leader of the Senate, or the Majority or Minority Whip of the Senate as reimbursement of actual expenses incurred upon certification and documentation pursuant to the second proviso of this section shall not be reported as income, and the expenses so reimbursed shall not be allowed as a deduction, under title 26.

(Pub. L. 95–26, title I, May 4, 1977, 91 Stat. 79; Pub. L. 95–94, title I, §109, Aug. 5, 1977, 91 Stat. 661; Pub. L. 95–355, title I, Sept. 8, 1978, 92 Stat. 532; Pub. L. 98–63, title I, §101, July 30, 1983, 97 Stat. 333; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)

Section is based on the three provisos in paragraph under heading “Expense Allowances of the Vice President, Majority and Minority Leaders and Majority and Minority Whips” in the appropriation for the Senate in the Supplemental Appropriations Act, 1977 (Pub. L. 95–26), and section 109 of the Congressional Operations Appropriation Act, 1978, which is title I of the Legislative Branch Appropriation Act, 1978 (Pub. L. 95–94), and subsequent acts cited in the credits to this section.

1986—Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

1983—Pub. L. 98–63 substituted provisions increasing allowances for each Whip to $5,000 each fiscal year, effective fiscal year 1983 and each fiscal year thereafter, for provisions authorizing not to exceed $2,500 each fiscal year for each Whip, effective Apr. 1, 1977.

1978—Pub. L. 95–355 substituted provisions increasing allowances for each leader to $10,000 each fiscal year, effective fiscal year 1978 and each fiscal year thereafter, for provisions authorizing not to exceed $5,000 each fiscal year for each leader, effective with fiscal year 1977 and each fiscal year thereafter.

There is hereby established an account, within the Senate, to be known as the “Representation Allowance Account for the Majority and Minority Leaders”. Such Allowance Account shall be used by the Majority and Minority Leaders of the Senate to assist them properly to discharge their appropriate responsibilities in the United States to members of foreign legislative bodies and prominent officials of foreign governments and intergovernmental organizations.

Payments authorized to be made under this section shall be paid by the Secretary of the Senate. Of the funds available for expenditure from such Allowance Account for any fiscal year, one-half shall be allotted to the Majority Leader and one-half shall be allotted to the Minority Leader. Amounts paid from such Allowance Account to the Majority or Minority Leader shall be paid to him from his allotment and shall be paid to him only as reimbursement for actual expenses incurred by him and upon certification and documentation of such expenses. Amounts paid to the Majority or Minority Leader pursuant to this section shall not be reported as income and shall not be allowed as a deduction under title 26.

There are authorized to be appropriated for each fiscal year (commencing with the fiscal year ending September 30, 1985) not more than $20,000 to the Allowance Account established by this section.

(Pub. L. 99–88, title I, §197, Aug. 15, 1985, 99 Stat. 350.)

Section is from the Supplemental Appropriations Act, 1985.

This section is referred to in section 31a–2a of this title.

(a) The Secretary of the Senate shall, upon the written request of the Majority or Minority Leader of the Senate, transfer from any available funds in such Leader's allotment in the Leader's Representation Allowance (as defined in subsection (b)(1) of this section) for any fiscal year (commencing with the fiscal year ending September 30, 1985) to such Leader's Expense Allowance (as defined in subsection (b)(2) of this section) to such year such amount as is specified in the request. Any funds so transferred for any fiscal year at the request of either such Leader shall be available to such Leader for such year for the same purposes as, and in like manner and subject to the same conditions as, are other funds which are available to him for such year as his expense allowance as Majority or Minority Leader.

(b)(1) The term “Leader's Representation Allowance” means the Representation Allowance Account for the Majority and Minority Leaders established by section 31a–2 of this title.

(2) The term “Leader's Expense Allowance”, when used in reference to the Majority or Minority Leader of the Senate, refers to the moneys available, for any fiscal year, to such Leader as an expense allowance and the appropriation account from which such moneys are funded.

(Pub. L. 100–71, title I, §1, July 11, 1987, 101 Stat. 422.)

Section is from the Supplemental Appropriations Act, 1987.

Upon the written request of the Majority or Minority Leader of the Senate, the Secretary of the Senate shall transfer during any fiscal year, from the appropriations account appropriated under the headings “Salaries, Officers and Employees” and “Offices of the Majority and Minority Leaders”, such amount as either Leader shall specify to the appropriations account, within the contingent fund of the Senate, “Miscellaneous Items”.

The Majority and Minority Leaders of the Senate are each authorized to incur such expenses as may be necessary or appropriate. Expenses incurred by either such leader shall be paid from the amount transferred pursuant to subsection (a) of this section by such leader and upon vouchers approved by such leader.

The Secretary of the Senate is authorized to advance such sums as may be necessary to defray expenses incurred in carrying out subsections (a) and (b) of this section.

(Pub. L. 102–27, title II, Apr. 10, 1991, 105 Stat. 144.)

Section is from the Dire Emergency Supplemental Appropriations for Consequences of Operation Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation Administration, Veterans Compensation and Pensions, and Other Urgent Needs Act of 1991.

For each fiscal year (commencing with the fiscal year ending September 30, 1985), there is hereby authorized an expense allowance for the Chairmen of the Majority and Minority Conference Committees which shall not exceed $3,000 each fiscal year for each such Chairman; and amounts from such allowance shall be paid to either of such Chairmen only as reimbursement for actual expenses incurred by him and upon certification and documentation of such expenses, and amounts so paid shall not be reported as income and shall not be allowed as a deduction under title 26.

(Pub. L. 99–88, title I, Aug. 15, 1985, 99 Stat. 348.)

Section is from the Supplemental Appropriations Act, 1985.

There shall be paid to the Speaker of the House of Representatives in equal monthly installments an expense allowance of $10,000 per annum (which shall be in lieu of the allowance provided by section 601(b) 1 of the Legislative Reorganization Act of 1946, as amended) to assist in defraying expenses relating to or resulting from the discharge of his official duties, for which no accounting, other than for income tax purposes, shall be made by him.

(Jan. 19, 1949, ch. 2, §1(e), 63 Stat. 4; Oct. 20, 1951, ch. 521, title VI, §619(c), 65 Stat. 570.)

Section 601(b) of the Legislative Reorganization Act of 1946, as amended, referred to in text, was classified to section 31a of this title, and was repealed by act Mar. 2, 1955, ch. 9, §4(b), 69 Stat. 11, eff. Mar. 1, 1955.

1951—Act Oct. 20, 1951, made Speaker's expense allowance taxable.

Amendment by act Oct. 20, 1951, effective at noon, Jan. 3, 1953, see section 619(e) of act Oct. 20, 1951, set out as a note under section 102 of Title 3, The President.

Section effective at noon, Jan. 20, 1949, see section 3 of act Jan. 19, 1949.

Adjustment of allowances by Committee on House Administration, see section 57 of this title.

1 See References in Text note below.

(a) Each former Speaker of the House of Representatives (hereafter referred to in sections 31b–1 to 31b–7 of this title as the “Speaker”) is entitled to retain, for as long as he determines there is need therefor, commencing at the expiration of his term of office as a Representative in Congress the complete and exclusive use of one office selected by him in order to facilitate the administration, settlement, and conclusion of matters pertaining to or arising out of his incumbency in office as a Representative in Congress and as Speaker of the House of Representatives. Such office shall be located in the United States and shall be furnished and maintained by the Government in a condition appropriate for his use.

(b) Sections 31b–1 to 31b–7 of this title shall not apply with respect to any former Speaker of the House of Representatives for any period during which such former Speaker holds an appointive or elective office or position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate or to any former Speaker separated from the service by reason of expulsion from the House.

(Pub. L. 91–665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93–532, §1, Dec. 22, 1974, 88 Stat. 1723; Pub. L. 99–225, Dec. 28, 1985, 99 Stat. 1743.)

Subsection (a) of this section is based on section 1 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, which was enacted into permanent law by Pub. L. 91–665.

Subsection (b) of this section is based on section 1(b) of Pub. L. 93–532.

As originally enacted into permanent law, section applied to Speaker of House of Representatives in 91st Congress and has been extended to apply to each former Speaker of House of Representatives. See section 1(a) of Pub. L. 93–532, set out as a note under this section.

1985—Subsec. (a). Pub. L. 99–225 substituted “one office selected by him in order to facilitate the administration, settlement, and conclusion of matters pertaining to or arising out of his incumbency in office as a Representative in Congress and as Speaker of the House of Representatives. Such office shall be located in the United States and shall be furnished and maintained by the Government in a condition appropriate for his use” for “the Federal office space which is currently made available for his use in the congressional district represented by him and which shall be maintained by the Government in a condition appropriate for his use as he may request, together with all furniture, equipment, and furnishings currently made available by the Government for his use in connection with such office space, including any necessary replacements of such office furniture, equipment, and furnishings, in order to facilitate the administration, settlement, and conclusion of matters pertaining to or arising out of his incumbency in office as a Representative in Congress and as Speaker of the House of Representatives”.

Section 7 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, as enacted into permanent law by Pub. L. 91–665, provided that: “The foregoing provisions of this resolution [enacting sections 31b–1 to 31b–6 of this title] shall become effective on the date of the enactment of this resolution as permanent law [Jan. 8, 1971].”

Section 1(a) of Pub. L. 93–532 provided that: “The provisions of H. Res. 1238, Ninety-first Congress, as enacted into permanent law by the Supplemental Appropriations Act, 1971 (84 Stat. 1989) [enacting sections 31b–1 to 31b–6 of this title and provision set out as a note under this section], are hereby extended to, and made applicable with respect to, each former Speaker of the House of Representatives, as long as he determines there is need therefor, commencing at the expiration of his term of office as Representative in Congress.”

This section is referred to in section 31b–7 of this title.

The Speaker is entitled to have the contingent fund of the House be available for payment of, for as long as he determines there is need therefor, commencing at the expiration of his term of office as a Representative in Congress, an allowance equal to the base allowance component of the Official Expenses Allowance then currently in effect for each Member of the House (to be paid in the same manner as such Allowance) for office and other expenses incurred in connection with the administration, settlement, and conclusion of matters pertaining to or arising out of his incumbency in office as a Representative in Congress and as Speaker of the House of Representatives.

(Pub. L. 91–665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93–532, §1(a), Dec. 22, 1974, 88 Stat. 1723; Pub. L. 99–151, title I, §102(b), Nov. 13, 1985, 99 Stat. 797.)

Section is based on section 2 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, which was enacted into permanent law by Pub. L. 91–665.

As originally enacted into permanent law, section applied to Speaker of House of Representatives in 91st Congress and has been extended to apply to each former Speaker of House of Representatives. See section 1(a) of Pub. L. 93–532, set out as a note under section 31b–1 of this title.

1985—Pub. L. 99–151 substituted “have the contingent fund of the House be available for payment of” for “reimbursement, from the contingent fund of the House” and “an allowance equal to the base allowance component of the Official Expenses Allowance then currently in effect for each Member of the House (to be paid in the same manner as such Allowance)” for “in the manner provided by applicable provisions of the Legislative Appropriation Act, 1955, as amended by the Act of June 13, 1957 (71 Stat. 82; Public Law 85–54), and by the provisions of House Resolution 831, Eighty-eighth Congress, adopted August 14, 1964, enacted as permanent law by section 103 of the Legislative Branch Appropriation Act, 1966 (79 Stat. 281; Public Law 89–90; 2 U.S.C. 122a), in an aggregate quarterly amount equal to the aggregate quarterly amount to which a Member of the House of Representatives is entitled under such provisions of law as in effect on January 8, 1971, or as amended or supplemented after such date,”.

Section effective Jan. 8, 1971, see Effective Date note set out under section 31b–1 of this title.

Authority of Committee on House Oversight of House of Representatives to combine House Clerk Hire Allowance, Official Expenses Allowance, and Official Mail Allowance into Members’ Representational Allowance, see section 57b of this title.

This section is referred to in sections 31b–1, 31b–7 of this title.

Section, based on H. Res. No. 1238, §3, Dec. 23, 1970, enacted into permanent law by Pub. L. 91–665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93–532, §1(a), Dec. 22, 1974, 88 Stat. 1723, provided for reimbursement of former Speaker of House for telephone service charges for administration, etc., of matters pertaining to incumbency in office as Representative and Speaker.

(a) The Speaker may send mail as franked mail under sections 3210 and 3213 of title 39, and send and receive mail as franked mail under section 3211 of that title, for as long as he determines there is need therefor, commencing at the close of the period specified in those sections following the expiration of his term of office as a Representative in Congress. The postage on such mail, including registry fees if registration is required, shall be paid and credited as provided by section 3216(a) of title 39.

(b) For as long as he determines there is need therefor, commencing at the expiration of his term of office as a Representative in Congress, the Speaker shall be entitled to the benefits afforded by section 733 of title 44.

(Pub. L. 91–665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93–532, §1(a), Dec. 22, 1974, 88 Stat. 1723.)

Section is based on section 4 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, which was enacted into permanent law by Pub. L. 91–665.

As originally enacted into permanent law, section applied to Speaker of House of Representatives in 91st Congress and has been extended to apply to each former Speaker of House of Representatives. See section 1(a) of Pub. L. 93–532, set out as a note under section 31b–1 of this title.

References to sections of Title 39, Postal Service, have been substituted for references to obsolete sections of Title 39, The Postal Service, in view of revision and reenactment of such Title by the Postal Reorganization Act, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 719.

Section effective Jan. 8, 1971, see Effective Date note set out under section 31b–1 of this title.

This section is referred to in sections 31b–1, 31b–7 of this title.

In order to provide staff assistance to the Speaker in connection with the administration, settlement, and conclusion of matters pertaining to or arising out of his incumbency in office as a Representative in Congress and as Speaker of the House of Representatives, the contingent fund of the House is hereby made available, for as long as he determines there is need therefor, commencing at the expiration of the term of office of the Speaker as a Representative in Congress to enable the Clerk of the House to pay the salaries of an Administrative Assistant, who shall be paid at a basic per annum rate of not to exceed the then current rate for step 5 of level 11 of the House Employees Schedule, as determined by the Speaker, a Secretary, who shall be paid at a basic per annum rate of not to exceed the then current rate for step 9 of level 8 of such Schedule, as determined by the Speaker, and an additional Secretary, who shall be paid at a gross per annum rate of not to exceed the then current rate for step 1 of level 6 of such Schedule as determined by the Speaker, designated and appointed by the Speaker to serve as members of his office staff in such period. Each person so designated and appointed shall be held and considered, for the duration of such appointment, as—

(1) an “employee” for the purposes of subchapter I of chapter 81 (relating to compensation for work injuries) of title 5, and

(2) a “congressional employee” within the meaning of section 2107 of title 5, for the purposes of—

(A) subchapter III (relating to civil service retirement) of chapter 83 of such title,

(B) chapter 87 (relating to Federal employees group life insurance) of such title, and

(C) chapter 89 (relating to Federal employees group health insurance) of such title.

(Pub. L. 91–665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93–532, §1(a), Dec. 22, 1974, 88 Stat. 1723; Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668; Pub. L. 99–151, title I, §102(a), Nov. 13, 1985, 99 Stat. 797.)

Section is based on section 5 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, which was enacted into permanent law by Pub. L. 91–665.

Amendment by Pub. L. 95–94 is based on section 2 of House Resolution No. 1576, Ninety-fourth Congress, Sept. 30, 1976, which was enacted into permanent law by Pub. L. 95–94.

As originally enacted into permanent law, section applied to Speaker of House of Representatives in 91st Congress and has been extended to apply to each former Speaker of House of Representatives. See section 1(a) of Pub. L. 93–532, set out as a note under section 31b–1 of this title.

1985—Pub. L. 99–151 substituted “not to exceed the then current rate for step 5 of level 11 of the House Employees Schedule” for “not to exceed $3,000” the first place it appeared, “not to exceed the then current rate for step 9 of level 8 of such Schedule” for “not to exceed $3,000” the second place it appeared, and “not to exceed the then current rate for step 1 of level 6 of such Schedule” for “not to exceed $9,000”.

1977—Pub. L. 95–94 inserted reference to an additional Secretary paid at a gross per annum of not to exceed $9,000 as determined by the Speaker and struck out “as Administrative Assistant or Secretary” after “Each person so designated and appointed”.

Section 2 of H. Res. 1576 provided that amendment is effective on the date of enactment of such section 2 into permanent law, Aug. 5, 1977, the date of approval of Pub. L. 95–94. See Codification note above.

Section effective Jan. 8, 1971, see Effective Date note set out under section 31b–1 of this title.

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

This section is referred to in sections 31b–1, 31b–7 of this title.

Section, based on H. Res. No. 1238, §6, Dec. 23, 1970, enacted into permanent law by Pub. L. 91–665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93–532, §1(a), Dec. 22, 1974, 88 Stat. 1723, provided for an allowance to the former Speaker of the House for stationery and other office supplies.

The entitlements of a former Speaker of the House of Representatives under sections 31b–1 to 31b–7 of this title shall be available—

(1) in the case of an individual who is a former Speaker on October 1, 1993, for 5 years, commencing on October 1, 1993; and

(2) in the case of an individual who becomes a former Speaker after October 1, 1993, for 5 years, commencing at the expiration of the term of office of the individual as a Representative in Congress.

(Pub. L. 103–69, title I, §101A(a), Aug. 11, 1993, 107 Stat. 699.)

Section is based on section 8 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, as added by Pub. L. 103–69. House Resolution No. 1238 was enacted into permanent law by Pub. L. 91–665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989.

Section 101A(b) of Pub. L. 103–69 provided that: “The amendment made by subsection (a) [enacting this section] shall take effect on October 1, 1993.”

This section is referred to in section 31b–1 of this title.

Section, acts July 9, 1952, ch. 598, 66 Stat. 467; Aug. 1, 1953, ch. 304, title I, 67 Stat. 322, provided that, for taxable years beginning after Dec. 31, 1953, the place of residence of a Member of Congress (including any Delegate and Resident Commissioner) within the State, congressional district, Territory, or possession which he represented in Congress would be considered his home for the purposes of tax provisions making deductible certain living expenses away from home, but that amounts expended by such Member within each taxable year for living expenses could not be deducted for income tax purposes in excess of $3,000.

Repeal applicable to taxable years beginning after Dec. 31, 1980, see section 139(b)(3) of Pub. L. 97–51, as amended, set out as an Effective Date of 1981 Amendment note under section 162 of Title 26, Internal Revenue Code.

Whenever there is no Vice President, the President of the Senate for the time being is entitled to the compensation provided by law for the Vice President.

(R.S. §36.)

R.S. §36 derived from act Aug. 16, 1856, ch. 123, §2, 11 Stat. 48.

Compensation of Vice President, see section 104 of Title 3, The President.

Mileage of President of Senate, see section 43a of this title.

Effective January 5, 1977, the compensation of a Deputy President pro tempore of the Senate shall be at a rate equal to the rate of annual compensation of the President pro tempore and the Majority and Minority Leaders of the Senate.

(Pub. L. 95–26, title I, May 4, 1977, 91 Stat. 79.)

Section is from the Supplemental Appropriations Act, 1977.

Effective with fiscal year 1978 and each fiscal year thereafter, there is hereby authorized an expense allowance for the President Pro Tempore which shall not exceed $10,000 each fiscal year. The President Pro Tempore may receive the expense allowance (1) as reimbursement for actual expenses incurred upon certification and documentation of such expenses by the President Pro Tempore, or (2) in equal monthly payments. Such amounts paid to the President Pro Tempore as reimbursement of actual expenses incurred upon certification and documentation pursuant to this provision, shall not be reported as income, and the expenses so reimbursed shall not be allowed as a deduction, under title 26.

(Pub. L. 95–355, title I, Sept. 8, 1978, 92 Stat. 532; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)

1986—Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Senators elected, whose term of office begins on the 3d day of January, and whose credentials in due form of law shall have been presented in the Senate, may receive their compensation from the beginning of their term.

(June 19, 1934, ch. 648, title I, §1, 48 Stat. 1022; Oct. 1, 1981, Pub. L. 97–51, §112(b)(2), 95 Stat. 963.)

A prior section 33, act Mar. 3, 1883, ch. 143, 22 Stat. 632, entitled Senators to receive their compensation monthly, from the beginning of their term, prior to repeal by section 112(b)(1) of Pub. L. 97–51.

1981—Pub. L. 97–51 struck out “monthly” after “may receive their compensation”.

Section 112(e) of Pub. L. 97–51 provided that: “The amendments and repeals made by this section [enacting section 35a of this title and amending this section and sections 39 and 60c–1 of this title] shall be effective in the case of compensation payable for months after December 1981.”

Claims for overpayment of pay or allowances to Senators, see section 130c of this title.

Representatives and Delegates-elect to Congress, whose credentials in due form of law have been duly filed with the Clerk of the House of Representatives, in accordance with the provisions of section 26 of this title, may receive their compensation monthly, from the beginning of their term until the beginning of the first session of each Congress, upon a certificate in the form now in use to be signed by the Clerk of the House, which certificate shall have the like force and effect as is given to the certificate of the Speaker.

(R.S. §38; Mar. 3, 1875, ch. 130, §1, 18 Stat. 389.)

R.S. §38 derived from act Mar. 3, 1873, ch. 226, §1, 17 Stat. 488.

This section is referred to in section 25b of this title.

Each Member and Delegate, after he has taken and subscribed the required oath, is entitled to receive his salary at the end of each month.

(R.S. §39.)

R.S. §39 derived from Res. Mar. 29, 1867, No. 18, 15 Stat. 24.

This section is referred to in sections 25b, 35a of this title.

Section 35 of this title shall not be construed as being applicable to a Senator.

(Pub. L. 97–51, §112(c), Oct. 1, 1981, 95 Stat. 963.)

Provisions of subsec. (c) of section 112 of Pub. L. 97–51 that such subsec. (c) would apply on and after the effective date of the amendments and repeals made by section 112 of Pub. L. 97–51 were omitted in the codification of this section since their impact was identical to that of the effective date provisions of subsec. (e) of section 112 of Pub. L. 97–51, set out as an Effective Date of 1981 Amendment note under section 33 of this title. See Effective Date note below.

Section effective in the case of compensation payable for months after December 1981, see section 112(e) of Pub. L. 97–51, set out as an Effective Date of 1981 Amendment note under section 33 of this title.

Salaries of Senators appointed to fill vacancies in the Senate shall commence on the day of their appointment and continue until their successors are elected and qualified: *Provided,* That when Senators have been elected during a sine die adjournment of the Senate to succeed appointees, the salaries of Senators so elected shall commence on the day following their election.

Salaries of Senators elected during a session to succeed appointees shall commence on the day they qualify: *Provided,* That when Senators have been elected during a session to succeed appointees, but have not qualified, the salaries of Senators so elected shall commence on the day following the sine die adjournment of the Senate.

When no appointments have been made the salaries of Senators elected to fill such vacancies shall commence on the day following their election.

(Feb. 10, 1923, ch. 68, 42 Stat. 1225; Feb. 6, 1931, ch. 111, 46 Stat. 1065; June 19, 1934, ch. 648, title I, §1, 48 Stat. 1022; Feb. 13, 1935, ch. 6, §1, 49 Stat. 22, 23.)

July 31, 1894, ch. 174, 28 Stat. 162.

R.S. §51.

1935—Act Feb. 13, 1935, inserted proviso as to commencement of salaries of Senators elected during a sine die adjournment on day following their election and provision as to commencement of salaries of Senators elected during a session to succeed appointees on day they qualify but that upon failure to qualify their salaries are to commence on day following sine die adjournment of Senate and struck out provision that salaries of Senators elected to fill vacancies are to commence on day they qualify

1934—Act June 19, 1934, made nonsubstantive changes in grammar and punctuation.

1931—Act Feb. 6, 1931, made nonsubstantive changes in grammar and punctuation and struck out “to fill such vacancies” after “When no appointments have been made”.

The first section of amendment XX to the Constitution provides in part: “ * * * the terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.”

Claims for overpayment or pay or allowances to Senators, see section 130c of this title.

Under regulations prescribed by the Secretary of the Senate, a person serving as a Senator or officer or employee whose compensation is disbursed by the Secretary of the Senate may designate a beneficiary or beneficiaries to be paid any unpaid balance of salary or other sums due such person at the time of his death. When any person dies while so serving, any such unpaid balance shall be paid by the disbursing officer of the Senate to the designated beneficiary or beneficiaries. If no designation has been made, such unpaid balance shall be paid to the widow or widower of that person, or if there is no widow or widower, to the next of kin or heirs at law of that person.

Section 50 of the Revised Statutes shall not be effective as to persons included within the foregoing.

(Jan. 6, 1951, ch. 1213, Ch. I, §1, 64 Stat. 1224; Oct. 31, 1972, Pub. L. 92–607, ch. V, §503, 86 Stat. 1505.)

Section 50 of the Revised Statutes, referred to in text, which required payment of not less than three months’ salary to the widow or heirs at law of a deceased Member of or Delegate in Congress, was classified to section 38 of this title and was omitted from the Code as superseded by section 38a of this title.

1972—Pub. L. 92–607 inserted provisions for designation of a beneficiary by Senators and officers and employees whose compensation is disbursed by Secretary of Senate to whom shall be paid any unpaid balance of salary or other sums due such person at time of death.

This section is referred to in title 5 section 5581.

The salaries of Representatives in Congress, Delegates from Territories, and Resident Commissioners, elected for unexpired terms, shall commence on the date of their election and not before.

(July 16, 1914, ch. 141, §1, 38 Stat. 458.)

Resident Commissioner of Puerto Rico, see section 891 et seq. of Title 48, Territories and Insular Possessions.

This section is referred to in section 25b of this title.

Section, R.S. §§49, 50; acts Jan. 20, 1874, ch. 11, 18 Stat. 4; Mar. 4, 1925, ch. 549, §4, 43 Stat. 1301, related to pay of member dying after commencement of Congress, and was omitted from the Code as superseded by section 38a of this title.

When any individual who has been elected a Member of, or Resident Commissioner to, the House of Representatives dies after the commencement of the Congress to which he has been elected, any unpaid balance of salary and other sums due such individual (including amounts held in the trust fund account in the office of the Sergeant at Arms) shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and such payment shall be a bar to the recovery by any other person of amounts so paid:

First, to the beneficiary or beneficiaries designated by such individual in writing to receive such unpaid balance and other sums due filed with the Sergeant at Arms, and received by the Sergeant at Arms prior to such individual's death;

Second, if there be no such beneficiary, to the widow or widower of such individual;

Third, if there be no beneficiary or surviving spouse, to the child or children of such individual, and descendants of deceased children, by representation;

Fourth, if none of the above, to the parents of such individual, or the survivor of them;

Fifth, if there be none of the above, to the duly appointed legal representative of the estate of the deceased individual, or if there be none, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased individual.

(July 2, 1954, ch. 455, title I, §105, 68 Stat. 409; July 23, 1959, Pub. L. 86–102, 73 Stat. 224.)

1959—Pub. L. 86–102 inserted provisions including amounts held in trust fund account, authorizing an individual to designate a beneficiary or beneficiaries, and prescribing order of precedence in cases where no designation of beneficiary has been made.

Certain functions of Sergeant at Arms of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Settlement of accounts of employees generally, see section 5581 et seq. of Title 5, Government Organization and Employees.

This section is referred to in section 25b of this title.

Any death gratuity payment at any time specifically appropriated by any Act of Congress or at any time made out of the contingent fund of the House of Representatives or of the Senate shall be held to have been a gift.

(June 5, 1952, ch. 369, Ch. I, 66 Stat. 101.)

Section is also set out as section 125a of this title.

The Secretary of the Senate and Sergeant at Arms of the House, respectively, shall deduct from the monthly payments (or other periodic payments authorized by law) of each Member or Delegate the amount of his salary for each day that he has been absent from the Senate or House, respectively, unless such Member or Delegate assigns as the reason for such absence the sickness of himself or of some member of his family.

(R.S. §40; Pub. L. 97–51, §112(d), Oct. 1, 1981, 95 Stat. 963.)

R.S. §40 derived from act Aug. 16, 1856, ch. 123, §6, 11 Stat. 49.

1981—Pub. L. 97–51 substituted “from the monthly payments (or other periodic payments authorized by law)” for “from the monthly payments”.

Amendment by Pub. L. 97–51 effective in the case of compensation payable for months after December 1981, see section 112(e) of Pub. L. 97–51, set out as a note under section 33 of this title.

Certain functions of Sergeant at Arms of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

This section is referred to in section 25b of this title.

When any Member or Delegate withdraws from his seat and does not return before the adjournment of Congress, he shall, in addition to the sum deducted for each day, forfeit a sum equal to the amount which would have been allowed by law for his mileage in returning home; and such sum shall be deducted from his compensation, unless the withdrawal is with the leave of the Senate or House of Representatives respectively.

(R.S. §41.)

R.S. §41 derived from Res. July 17, 1862, No. 68, §2, 12 Stat. 628.

This section is referred to in section 25b of this title.

Whenever a Representative, Delegate, Resident Commissioner, or a United States Senator, shall fail to pay any sum or sums due from such person to the House of Representatives or Senate, respectively, the appropriate committee or officer of the House of Representatives or Senate, as the case may be, having jurisdiction of the activity under which such debt arose, shall certify such delinquent sum or sums to the Sergeant at Arms of the House in the case of an indebtedness to the House of Representatives and to the Secretary of the Senate in the case of an indebtedness to the Senate, and such latter officials are authorized and directed, respectively, to deduct from any salary, mileage, or expense money due to any such delinquent such certified amounts or so much thereof as the balance or balances due such delinquent may cover. Sums so deducted by the Secretary of the Senate shall be disposed of by him in accordance with existing law, and sums so deducted by the Sergeant at Arms of the House shall be paid to the Clerk of the House and disposed of by him in accordance with existing law.

(June 19, 1934, ch. 648, title I, §1, 48 Stat. 1024.)

Certain functions of Sergeant at Arms and Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Claims for overpayment of pay or allowances to Senators, see section 130c of this title.

This section is referred to in section 25b of this title.

No Member or Delegate is entitled to any allowance for newspapers.

(R.S. §43.)

R.S. §43 derived from act Feb. 12, 1868, ch. 8, §1, 15 Stat. 35.

Section 302(c) of House Resolution No. 287, Ninety-fifth Congress, Mar. 2, 1977, enacted into permanent law by Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668, provided that: “Chapter 8, section 1 of the Act of February 12, 1868 (2 U.S.C. 41) shall have no effect during the Ninety-fifth Congress.”

This section is referred to in section 25b of this title.

(a) In addition to postage stamps authorized to be furnished under any other provision of law, until otherwise provided by law, the Clerk of the House of Representatives shall procure and furnish United States postage stamps (1) to each Representative, the Resident Commissioner of Puerto Rico, and the Delegate from the District of Columbia in an amount not exceeding $210 and (2) to each standing committee of the House of Representatives upon request of the chairman thereof, in an amount not exceeding $130.

(b) In addition to postage stamps authorized under any other provision of law, until otherwise provided by law, the Speaker, the majority and minority leaders, and the majority and minority whips of the House of Representatives shall each be allowed United States postage stamps in an amount not exceeding $190, and the following officers of the House of Representatives shall each be allowed such stamps in the amounts herein specified as follows: The Clerk of the House, $340; the Sergeant at Arms, $250; the Doorkeeper, $210; and the Postmaster, $170.

(c) There shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this section.

(Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 636.)

Section is based on House Resolution No. 420, May 18, 1971, which was enacted into permanent law by Pub. L. 92–184.

A prior section 42, R.S. §44, which proscribed compensation or allowance to Senators, Representatives, or Delegates for postage, was omitted as obsolete in view of sections 42a, 46a, and 46b of this title.

Office of Doorkeeper of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services and Office of Postmaster abolished by sections 2 and 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Adjustment of allowances by Committee on House Administration, see section 57 of this title.

The Secretary of the Senate is authorized and directed to procure and furnish each fiscal year (commencing with the fiscal year ending September 30, 1982) to the President of the Senate, upon request by such person, United States special delivery postage stamps in such amount as may be necessary for the mailing of postal matters arising in connection with his official business.

(Pub. L. 97–51, §127(a)(1), Oct. 1, 1981, 95 Stat. 965.)

A prior section 42a, acts July 1, 1941, ch. 268, 55 Stat. 450; June 26, 1944, ch. 277, title I, 58 Stat. 339; June 13, 1945, ch. 189, 59 Stat. 243; Oct. 11, 1951, ch. 485, 65 Stat. 391; July 2, 1954, ch. 455, title I, 68 Stat. 402; Aug. 5, 1955, ch. 568, 69 Stat. 503; June 27, 1956, ch. 453, 70 Stat. 359; July 31, 1958, Pub. L. 85–570, 72 Stat. 442; July 12, 1960, Pub. L. 86–628, 74 Stat. 449; Dec. 30, 1963, Pub. L. 88–248, 77 Stat. 805; July 27, 1965, Pub. L. 89–90, 79 Stat. 268; July 23, 1968, Pub. L. 90–417, 82 Stat. 400; Dec. 12, 1969, Pub. L. 91–145, 83 Stat. 342; July 9, 1971, Pub. L. 92–51, 85 Stat. 128; Oct. 31, 1972, Pub. L. 92–607, ch. V, §506(k)(1), formerly §506(h)(1), 86 Stat. 1508, redesignated §506(i)(1) by Pub. L. 95–391, title I, Sept. 30, 1978, 92 Stat. 773, redesignated §506(j)(1) by Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, and redesignated §506(k)(1) by Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, provided for an airmail and special-delivery postage allowance for President of the Senate, prior to repeal by section 127(a)(2) of Pub. L. 97–51.

Section 42a–1, act July 2, 1954, ch. 455, title I, 68 Stat. 402, prescribed airmail and special-delivery postage allowances for Speaker and House majority and minority leaders and whips, and was omitted from the Code as superseded by section 42d of this title.

Section 42b, acts June 22, 1949, ch. 235, 63 Stat. 222; July 2, 1954, ch. 455, title I, 68 Stat. 402, prescribed airmail and special-delivery postage allowances for each House standing committee, and was omitted from the Code as superseded by section 42c of this title.

The Clerk of the House of Representatives is authorized and directed to procure and furnish—

(1) to each Representative and Delegate and the Resident Commissioner of Puerto Rico, upon request by such person, United States airmail and special delivery postage stamps in an amount not exceeding $700, for the second session of the Ninetieth Congress and for each succeeding regular session of Congress, for the mailing of postal matters arising in connection with his official business; and

(2) to each standing committee of the House of Representatives, upon request of the chairman thereof, United States airmail and special delivery postage stamps in an amount not exceeding $420, for the second session of the Ninetieth Congress and for each succeeding regular session of Congress, for official business of each such committee.

(Pub. L. 85–778, §1, Aug. 27, 1958, 72 Stat. 934; Pub. L. 88–454, §103, Aug. 20, 1964, 78 Stat. 550; Pub. L. 90–392, title I, July 9, 1968, 82 Stat. 318.)

Prior provisions relating to airmail and special-delivery postage allowances for House standing committees were contained in section 42b of this title, and for House Members were contained in the following acts formerly classified to section 42a of this title:

July 2, 1954, ch. 455, title I, 68 Stat. 402.

June 13, 1945, ch. 189, 59 Stat. 249.

June 26, 1944, ch. 277, title I, 58 Stat. 344.

June 8, 1942, ch. 396, 56 Stat. 339.

July 1, 1941, ch. 268, 55 Stat. 455.

1968—Additional airmail and special delivery stamps in an amount not exceeding $200 for each Representative and Resident Commissioner from Puerto Rico, and in an amount not exceeding $120 for each standing committee, was authorized by House Resolution No. 1003, Dec. 14, 1967, effective Jan. 3, 1968, which was enacted into permanent law by Pub. L. 90–392.

1964—Additional airmail and special delivery stamps in an amount not exceeding $100 for each Representative and Resident Commissioner from Puerto Rico, and in an amount not exceeding $60 for each standing committee, was authorized by House Resolution No. 532, Oct. 2, 1963, which was enacted into permanent law by Pub. L. 88–454.

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Sections 3 and 4 of Pub. L. 85–778 provided:

“

“

Adjustment of allowances by Committee on House Administration, see section 57 of this title.

This section is referred to in section 25b of this title.

(1) The Speaker, the majority and minority leaders, and the majority and minority whips of the House of Representatives shall each be allowed, for the second session of the Ninetieth Congress and for each succeeding regular session of Congress, United States airmail and special delivery postage stamps in an amount not exceeding $630.

(2) For the second session of the Ninetieth Congress and for each succeeding regular session of Congress, the following officers of the House of Representatives shall each be allowed United States airmail and special delivery postage stamps in the amounts herein specified as follows: The Clerk of the House, $1,120; the Sergeant at Arms, $840, the Doorkeeper, $700, and the Postmaster, $560.

(Pub. L. 85–778, §2, Aug. 27, 1958, 72 Stat. 934; Pub. L. 88–454, §103, Aug. 20, 1964, 78 Stat. 550; Pub. L. 90–392, title I, July 9, 1968, 82 Stat. 318.)

1968—Par. (1). Additional airmail and special delivery stamps in an amount not exceeding $180 were authorized by House Resolution No. 1003, Dec. 14, 1967, effective Jan. 3, 1968, which was enacted into permanent law by Pub. L. 90–392.

Par. (2). Airmail and special delivery allowances were increased in amount of $320 for Clerk, $240 for Sergeant at Arms, $200 for Doorkeeper, and $160 for Postmaster by House Resolution No. 1003, Dec. 14, 1967, effective Jan. 3, 1968, which was enacted into permanent law by Pub. L. 90–392.

1964—Par. (1). Additional airmail and special delivery stamps in an amount not exceeding $90 were authorized by House Resolution No. 532, Oct. 2, 1963, which was enacted into permanent law by Pub. L. 88–454.

Par. (2). Airmail and special delivery allowances were increased in amount of $160 for Clerk, $120 for Sergeant at Arms, $100 for Doorkeeper, and $80 for Postmaster by House Resolution No. 532, Oct. 2, 1963, which was enacted into permanent law by Pub. L. 88–454.

Office of Doorkeeper of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Office of Postmaster of House of Representatives abolished by section 2 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992.

Adjustment of allowances by Committee on House Administration, see section 57 of this title.

Section 43, acts July 28, 1866, ch. 296, §17, 14 Stat. 323; Aug. 11, 1993, Pub. L. 103–69, title III, §310(a), 107 Stat. 712, provided for Senators to receive mileage for travel to and from regular sessions, and was omitted from the Code in view of the termination of mileage under this section for Senators by section 1(a) of Pub. L. 104–53, set out below.

Section 43a, acts July 8, 1935, ch. 374, 49 Stat. 459; Aug. 11, 1993, Pub. L. 103–69, title III, §310(b), 107 Stat. 712, provided for President of Senate to be paid mileage, and was omitted from the Code in view of the termination of mileage under this section for President of Senate by section 1(b) of Pub. L. 104–53, set out below.

Pub. L. 104–53, title I, §1, Nov. 19, 1995, 109 Stat. 517, provided that:

“(a) On and after October 1, 1995, no Senator shall receive mileage under section 17 of the Act of July 28, 1866 (2 U.S.C. 43).

“(b) On and after October 1, 1995, the President of the Senate shall not receive mileage under the first section of the Act of July 8, 1935 (2 U.S.C. 43a).”

The contingent fund of the House of Representatives is hereafter made available for reimbursement of transportation expenses incurred by Members (including the Resident Commissioner from Puerto Rico) in traveling, on official business, by the nearest usual route, between Washington, District of Columbia, and any point in the district which he represents, for a number of round trips each year not to exceed the number of months Congress is in session in such year, such reimbursement to be made in accordance with rules and regulations established by the Committee on House Administration of the House of Representatives.

(Pub. L. 85–570, July 31, 1958, 72 Stat. 443; Pub. L. 86–176, Aug. 21, 1959, 73 Stat. 401; Pub. L. 88–70, July 19, 1963, 77 Stat. 82; Pub. L. 89–90, July 27, 1965, 79 Stat. 269; Pub. L. 89–147, §1, Aug. 28, 1965, 79 Stat. 583; Pub. L. 89–545, Aug. 27, 1966, 80 Stat. 358; Pub. L. 90–86, §1, Sept. 17, 1967, 81 Stat. 226; Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 343; Pub. L. 92–51, July 9, 1971, 85 Stat. 128; Pub. L. 92–607, ch. V, §§502, 506(k)(2), formerly §506(h)(2), Oct. 31, 1972, 86 Stat. 1504, 1508, renumbered §506(i)(2), Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, renumbered §506(j)(2), Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, renumbered §506(k)(2), Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189.)

1972—Pub L. 92–607 removed from category of allowed expenses any transportation expenses incurred by employees assigned to a Senator's office within the home State while traveling in the general vicinity of the office, pursuant to change in assignment within the State, and commuting, and, effective Jan. 1, 1973, struck out all provisions for the reimbursement of Senators and employees of Senators for travel expenses to the Senator's home State. See section 58 of this title.

1971—Pub. L. 92–51 rewrote provisions for reimbursement of Senators for transportation expenses, substituting provisions granting a total sum for each fiscal year for each Senator and employees in the Senator's office equal to forty or forty-four times the prescribed mileage allowance dependent on population of the Senator's State being under ten million or ten million and over inhabitants and in accordance with a schedule based on decreasing cents per mile for increasing distances within prescribed limits, describing method of computation when office is occupied for less than entire fiscal year, requiring voucher certification of employees’ round trips as in line of official duty, prohibiting travel payments to place of employment of new appointees, and authorizing reimbursement as additional to any other provided for by law for official travel, for former provisions for reimbursement of Senators for each fiscal year for not more than twelve round trips or the equivalent thereof in one-way trips.

1969—Pub. L. 91–145 increased round trip limitation for Senators from six to twelve.

1967—Pub. L. 90–86 provided for reimbursement to members of House, in accordance with the rules of House Committee on House Administration, for those round trips made each year between the Member's district and Washington, D.C., the number of such trips not to exceed the number of months Congress is in session in such year instead of for four round trips each year.

1966—Pub. L. 89–545 authorized equivalent of six round trips in one-way trips for Senators.

1965—Pub. L. 89–147 increased from two to four round trips per year of Members of House of Representatives for which transportation expenses are to be reimbursed.

Pub. L. 89–90 increased round trip limitation for Senators from two to six.

1963—Pub. L. 88–70 authorized reimbursement of Members of House of Representatives for transportation expenses.

1959—Pub. L. 86–176 substituted “between Washington, District of Columbia, and any point in their home States, for not to exceed two round trips” for “from Washington, District of Columbia, to their resident cities in their home States, and return, for not to exceed two such round trips.”

Committee on House Administration of House of Representatives treated as referring to Committee on House Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of this title.

Section 506(k), formerly §506(h), of Pub. L. 92–607, renumbered §506(i) by Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, renumbered §506(j) by Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, and renumbered §506(k) by Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the amendment made by that section [which struck out in its entirety the first par. of this section providing for the reimbursement of Senators and employees of Senators for travel expenses to the Senator's home state] is effective Jan. 1, 1973.

Pub. L. 92–51 provided that the amendment made by Pub. L. 92–51 is effective July 1, 1971.

Pub. L. 91–145 provided that the amendment made by Pub. L. 91–145 is effective July 1, 1969.

Section 3 of Pub. L. 90–86 provided that: “The amendments made by the first two sections of this Act [amending this section and section 43b–1 of this title] shall take effect as of January 3, 1967.”

Adjustment of allowances by Committee on House Administration, see section 57 of this title.

Delegates from Guam and Virgin Islands, reimbursement of transportation expenses, see section 1715 of Title 48, Territories and Insular Possessions.

This section is referred to in section 43b–1 of this title.

A Member of the House of Representatives (including the Resident Commissioner from Puerto Rico) may elect to receive in any year, in lieu of reimbursement of transportation expenses for such year as authorized by section 43b of this title, a lump sum transportation payment of $750 for such year. The Committee on House Administration of the House of Representatives shall make such rules and regulations as may be necessary to carry out this section.

(Pub. L. 89–147, §2, Aug. 28, 1965, 79 Stat. 583; Pub. L. 90–86, §2, Sept. 17, 1967, 81 Stat. 226.)

1967—Pub. L. 90–86 substituted “$750” for “$300”.

Committee on House Administration of House of Representatives treated as referring to Committee on House Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of this title.

Amendment by Pub. L. 90–86 effective Jan. 3, 1967, see section 3 of Pub. L. 90–86, set out as a note under section 43b of this title.

Adjustment of allowances by Committee on House Administration, see section 57 of this title.

(a) Each Member-elect (other than an incumbent Member reelected to the ensuing Congress) who attends a caucus or conference called under section 29a(a) of this title, and each incumbent Member reelected to the ensuing Congress who attends any such caucus or conference convening after the adjournment sine die of the Congress in the year involved, shall be entitled to designate one staff person to be paid for one round trip between that person's place of residence, provided such place of residence is in the district which the Member-elect or incumbent Member represents, and Washington, District of Columbia, for the purpose of accompanying that Member-elect or incumbent Member to such caucus or conference.

(b) Each Member-elect (other than an incumbent Member reelected to the ensuing Congress) who attends a caucus or conference called under such section 29a(a) of this title shall be entitled to designate one staff person who shall in addition be reimbursed on a per diem or other basis for expenses incurred in accompanying the Member-elect at the time of such caucus or conference for a period not to exceed the shorter of the following—

(i) the period beginning with the day before the designated date upon which such caucus or conference is to convene and ending with the day after the date of the final adjournment of such caucus or conference; or

(ii) fourteen days.

(Pub. L. 94–59, title II, July 25, 1975, 89 Stat. 282.)

Section is based on section 1 of House Resolution No. 10, Ninety-fourth Congress, Jan. 14, 1975, which was enacted into permanent law by Pub. L. 94–59.

This section is referred to in section 43b–3 of this title.

(a) Payments and reimbursements to staff persons under section 43b–2 of this title shall be made as provided (with respect to staff) in the regulations prescribed by the Committee on House Administration with respect to travel and other expenses of staff. Reimbursements shall be paid on special voucher forms prescribed by the Committee on House Administration.

(b) Additional funds, if any, for staff allowances and office space for use by Members-elect (other than an incumbent Member reelected to the ensuing Congress) shall be authorized by the Committee on House Administration.

(Pub. L. 94–59, title II, July 25, 1975, 89 Stat. 282.)

Section is based on section 2 of House Resolution No. 10, Ninety-fourth Congress, Jan. 14, 1975, which was enacted into permanent law by Pub. L. 94–59.

Committee on House Administration of House of Representatives treated as referring to Committee on House Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of this title.

Section, Pub. L. 86–628, §105(c), July 12, 1960, 74 Stat. 461, restricted payment of travel or subsistence expenses of Senators and Representatives to specifically authorized trips, official participation in funeral services of deceased Members, and official trips originating in Senator's State or Representative's district when Congress was not in session.

Upon the recommendation of a Senator-elect (other than an incumbent Senator or a Senator elected to fill a vacancy), the Secretary of the Senate shall appoint two employees to assist such Senator-elect. Any employee so appointed shall serve through the day before the date on which the Senator-elect recommending his appointment commences his service as a Senator, except that his employment may be terminated before such day upon recommendation of such Senator-elect.

(1) Salaries of employees appointed under subsection (a) of this section shall be paid from the appropriation for “Administrative, Clerical, and Legislative Assistance to Senators”.

(2) Salaries paid to employees appointed upon recommendation of a Senator-elect under subsection (a) of this section shall be charged against the amount of compensation which may be paid to employees in his office under section 61–1(d) of this title (hereinafter referred to as the “clerk-hire allowance”), for the fiscal year in which his service as a Senator commences. The total amount of salaries paid to employees so appointed upon recommendation of a Senator-elect shall be charged against his clerk-hire allowance for each month in such fiscal year beginning with the month in which his service as a Senator commences (until the total amount has been charged) by whichever of the following amounts is greater: (1) one-ninth of the amount of salaries so paid, or (2) the amount by which the aggregate amount of his clerk-hire allowance which may be paid as of the close of such month under section 61–1(d)(1)(B) of this title exceeds the aggregate amount of his clerk-hire allowance actually paid as of the close of such month.

Each Senator-elect and each employee appointed under subsection (a) of this section is authorized one round trip from the home State of the Senator-elect to Washington, D.C., and return, for the purposes of attending conferences, caucuses, or organizational meetings, or for any other official business connected with the impending Congress. In addition, each Senator-elect and each such employee is authorized per diem for not more than seven days while en route to and from Washington, D.C., and while in Washington, D.C. Such transportation and per diem expenses shall be in the same amounts as are payable to Senators and employees in the office of a Senator under section 58(e) of this title, and shall be paid from the contingent fund of the Senate upon itemized vouchers certified by the Senator-elect concerned and approved by the Secretary of the Senate.

(1) Each Senator-elect is authorized to be reimbursed for expenses incurred for telegrams and telephone services related to his position as a Senator-elect in an amount not exceeding one-twelfth of the total amount of expenses authorized to be paid to or on behalf of a Senator from the State which he will represent under section 58 of this title. Reimbursement to a Senator-elect under this subsection shall be paid from the contingent fund of the Senate upon itemized vouchers certified by such Senator-elect and approved by the Secretary of the Senate.

(2) Amounts reimbursed to a Senator-elect under this subsection shall be charged against the amount of expenses which are authorized to be paid to him or on his behalf under section 58 of this title, for each of the twelve months beginning with the month in which his service as a Senator commences (until all of such amounts have been charged) by whichever of the following amounts is greater: (1) one-twelfth of the amounts so reimbursed, or (2) the amount by which the aggregate amount authorized to be so paid under section 58(c) of this title as of the close of such month exceeds the aggregate amount actually paid under such section 58 as of the close of such month.

This section shall take effect on October 1, 1978.

(Pub. L. 95–355, title I, §105, Sept. 8, 1978, 92 Stat. 534.)

References in any law, rule, regulation, or order to Senate appropriation account for Administrative, Clerical, and Legislative Assistance Allowance to Senators deemed references to the “Senators’ Official Personnel and Office Expense Account”, see section 58c(2) of this title.

Section 44, act May 7, 1906, ch. 2083, §1, 34 Stat. 170, authorized a mileage allowance to Delegate from Alaska, and was omitted from the Code as obsolete because Alaska was admitted into the Union with membership of one Representative in Congress on Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1, 7 and 8 of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

Section 45, acts July 1, 1902, ch. 1369, §8, 32 Stat. 694; Aug. 29, 1916, ch. 416, §20, 39 Stat. 552, which authorized a mileage allowance to Resident Commissioners from Philippine Islands, and was formerly covered by section 1237 of Title 48, Territories and Insular Possessions, is no longer in force in view of the independence of the Philippine Islands effected by section 1394 of Title 22, Foreign Relations and Intercourse, and proclaimed by the President of the United States in Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, set out as note under section 1394 of Title 22. Act Aug. 29, 1916, ch. 416, §20, 39 Stat. 552, from which section 45 of this title was derived, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 643.

Section 46, acts Mar. 2, 1917, ch. 145, §36, 39 Stat. 963; May 17, 1932, ch. 190, 47 Stat. 158, allowed sum of $500 as mileage for each session to Resident Commissioner, and was omitted from the Code as superseded by section 43b–1 of this title.

Effective April 1, 1975, and each fiscal year thereafter, the annual allowance for stationery for the President of the Senate shall be $4,500.

(July 1, 1941, ch. 268, 55 Stat. 450; June 13, 1945, ch. 189, 59 Stat. 244; June 14, 1948, ch. 467, 62 Stat. 425; Oct. 11, 1951, ch. 485, 65 Stat. 391; Aug. 1, 1953, ch. 304, title I, 67 Stat. 320; Aug. 5, 1955, ch. 568, 69 Stat. 504; Jan. 6, 1964, Pub. L. 88–258, title IV, 77 Stat. 864; May 29, 1967, Pub. L. 90–21, title I, 81 Stat. 38; Dec. 12, 1969, Pub. L. 91–145, 83 Stat. 342; July 9, 1971, Pub. L. 92–51, 85 Stat. 128; Dec. 15, 1971, Pub. L. 92–184, ch. IV, 85 Stat. 635; Oct. 31, 1972, Pub. L. 92–607, ch. V, §506(k)(3), formerly §506(h)(3), 86 Stat. 1508, renumbered §506(i)(3), Sept. 30, 1978, Pub. L. 95–391, title I, §108(a), 92 Stat. 773, renumbered §506(j)(3), July 8, 1980, Pub. L. 96–304, title I, §101(e), 94 Stat. 889, renumbered §506(k)(3), Oct. 2, 1982, Pub. L. 97–276, §101(e), 96 Stat. 1189; June 12, 1975, Pub. L. 94–32, title I, 89 Stat. 182.)

Section is from Legislative Branch Appropriation Act, 1942, and subsequent Legislative Branch Appropriation Acts.

1975—Pub. L. 94–32 substituted “Effective April 1, 1975, and each fiscal year thereafter” for “Effective with the fiscal year 1972 and thereafter” and “$4,500” for “$3,600”.

1972—Pub. L. 92–607 repealed this section insofar as it related to Senators. For purposes of codification this entailed substituting a period for a comma following “President of the Senate shall be $3,600” and striking out provisions which allowed Senators from $3,600 to $5,000 annually depending on the population of the Senator's home State. See section 58 of this title.

1971—Pub. L. 92–184 inserted provision for an increased allowance for Senators from more populous States ranging from $3,800 for Senators from States of from 3,000,000 to 4,999,999 population to $5,000 for Senators from States of 17,000,000 population and over.

Pub. L. 92–51 provided allowance for Senators from States having population of ten million or more inhabitants of $4,000 per annum effective fiscal year 1972 and thereafter.

1969—Pub. L. 91–145 increased allowance from $3,000 to $3,600 effective with fiscal year 1970.

1967—Pub. L. 90–21 increased allowance from $2,400 to $3,000 effective with fiscal year 1967.

1964—Pub. L. 88–258 increased allowance from $1,800 to $2,400 effective with fiscal year 1964.

1955—Act Aug. 5, 1955, increased allowance from $1,200 to $1,800.

1953—Act Aug. 1, 1953, increased allowance from $800 to $1,200 effective with fiscal year 1954.

1951—Act Oct. 11, 1951, increased allowance from $500 to $800.

1948—Act June 14, 1948, increased allowance from $400 to $500.

1945—Act June 13, 1945, increased allowance from $200 to $400.

Section 506(k), formerly §506(h), of Pub. L. 92–607, renumbered §506(i) by Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, renumbered §506(j) by Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, and renumbered §506(k) by Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the amendment made by that section is effective Jan. 1, 1973.

The following acts authorized additional stationery allowances for each Senator and the President of the Senate:

July 15, 1952, ch. 758, Ch. II, 66 Stat. 639.

Sept. 27, 1950, ch. 1052, Ch. II, 64 Stat. 1047.

Oct. 10, 1949, ch. 662, title I, 63 Stat. 738.

May 10, 1948, ch. 270, 62 Stat. 213.

May 1, 1947, ch. 49, title I, 61 Stat. 58.

July 23, 1946, ch. 591, title I, 60 Stat. 602.

Dec. 28, 1945, ch. 589, title I, 59 Stat. 633.

There is established within the Contingent Fund of the Senate a revolving fund which shall consist of (1) the unexpended balance of the appropriation “Contingent Expenses, Senate, Stationery, fiscal year 1957”, (2) any amounts hereafter appropriated for stationery allowances of the President of the Senate, and for stationery for use of officers of the Senate and the Conference of the Majority and the Conference of the Minority of the Senate, and (3) any undeposited amounts heretofore received, and any amounts hereafter received as proceeds of sales by the stationery room of the Senate. Any moneys in the fund shall be available until expended for use in the same manner and for the same purposes as funds heretofore appropriated to the Contingent Fund of the Senate for stationery, except that (1) the balance of any amount appropriated for stationery for use of committees and officers of the Senate which remains unexpended at the end of any fiscal year and (2) allowances which are not available for obligation due to vacancies or waiver of entitlement thereto, shall be withdrawn from the revolving fund.

(Pub. L. 85–58, ch. XI, June 21, 1957, 71 Stat. 188; Pub. L. 92–607, ch. V, §506(*l*), formerly §506(i), Oct. 31, 1972, 86 Stat. 1508, renumbered §506(j), Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, renumbered §506(k) and amended Pub. L. 96–304, title I, §§101, 112(b)(3), July 8, 1980, 94 Stat. 889, 892, renumbered §506(*l*), Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189.)

1980—Pub. L. 96–304, §112(b)(3), substituted in cl. (2), “officers of the Senate and the Conference of the Majority and the Conference of the Minority of the Senate” for “committees and officers of the Senate”.

1972—Pub. L. 92–607 struck out “and of Senators” after “the President of the Senate”.

Section 112(b) of Pub. L. 96–304 provided that the amendment made by section 112(b)(3) of Pub. L. 96–304 is effective as of the close of Feb. 28, 1981.

Section 506(*l*), formerly §506(i), of Pub. L. 92–607, renumbered §506(j) by Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, renumbered §506(k) by Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, and renumbered §506(*l*) by Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the amendment made by that section is effective Jan. 1, 1973.

Pub. L. 101–163, title I, §6, Nov. 21, 1989, 103 Stat. 1045, provided that: “On and after the date this Act becomes law [Nov. 21, 1989], the Secretary of the Senate, subject to the approval of the Committee on Appropriations of the Senate, is authorized to provide up to $1,000,000 for capitalization purposes to the revolving fund established by the last paragraph under the heading ‘Contingent Expenses of the Senate’ appearing under the heading ‘SENATE’ in chapter XI of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 46a–1), by transferring to such revolving fund any funds available from any Senate appropriation account, with respect to which he has disbursement authority, for the fiscal year in which the transfer is made (or for any preceding fiscal year) or which have been made available until expended; and any moneys so transferred shall be available for use in like manner and to the same extent as the moneys in such revolving fund which were not transferred thereto pursuant to this section.”

Section, Pub. L. 89–545, §101, Aug. 27, 1966, 80 Stat. 356, provided, effective fiscal year 1967 and thereafter, for stationery allowance of $3,000 per annum for Senators from States having population of 10 million or more inhabitants. See amendment by Pub. L. 90–21 to section 46a of this title providing such an allowance to all Senators effective fiscal year 1967 and thereafter.

Section, Pub. L. 90–417, §106, July 23, 1968, 82 Stat. 413, placed limits on the availability of the stationery allowance for Senators. See section 58 of this title.

Section 506(k), formerly §506(h), of Pub. L. 92–607, as amended by Pub. L. 93–145, §101, Nov. 1, 1973, 87 Stat. 532, and renumbered §506(i) by Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, renumbered §506(j) by Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, and renumbered §506(k) by Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, provided that, insofar as this section has application to Senators, the repeal is effective Jan. 1, 1973.

Section, Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 342, made section 46a–3 of this title applicable to President of Senate, and was omitted from the Code in view of the repeal of section 46a–3.

The allowance for stationery for each Member of the House of Representatives, Delegate, and Resident Commissioner shall be $3,000 per regular session.

(July 2, 1954, ch. 455, title I, 68 Stat. 402; July 12, 1960, Pub. L. 86–628, 74 Stat. 452; Aug. 20, 1964, Pub. L. 88–454, §103, 78 Stat. 550; May 29, 1967, Pub. L. 90–21, title I, 81 Stat. 42.)

1967—An additional allowance of $600 for stationery was authorized by House Resolution No. 1029, Oct. 5, 1966, which was continued by House Resolution No. 112, Mar. 8, 1967, and enacted into permanent law by Pub. L. 90–21.

1964—An additional allowance of $600 for stationery was authorized by House Resolution No. 533, Oct. 2, 1963, which was enacted into permanent law by Pub. L. 88–454.

1960—Pub. L. 86–628 increased stationery allowance from $1,200 to $1,800.

Provisions similar to those in this section were contained in the following prior acts:

Aug. 1, 1953, ch. 304, title I, 67 Stat. 324.

July 9, 1952, ch. 598, 66 Stat. 469.

Oct. 11, 1951, ch. 486, 65 Stat. 394.

Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 600.

June 22, 1949, ch. 235, 63 Stat. 221.

June 14, 1948, ch. 467, 62 Stat. 428.

July 17, 1947, ch. 262, 61 Stat. 366.

June 16, 1939, ch. 208, 53 Stat. 830.

The following acts authorized additional stationery allowances for Representatives, Delegates, and Resident Commissioner:

July 15, 1952, ch. 758, Ch. II, 66 Stat. 639.

Oct. 10, 1949, ch. 662, title I, 63 Stat. 738.

May 1, 1947, ch. 49, title I, 61 Stat. 59.

July 23, 1946, ch. 591, title I, 60 Stat. 602.

Dec. 28, 1945, ch. 589, title I, 59 Stat. 633.

Adjustment of allowances by Committee on House Administration, see section 57 of this title.

This section is referred to in section 25b of this title.

There is established a revolving fund for the purpose of administering the funds appropriated for stationery allowances to each Representative, Delegate, the Resident Commissioner from Puerto Rico; and stationery for use of the committees, departments, and officers of the House. All moneys hereafter received by the stationery room of the House of Representatives from the sale of stationery supplies and other equipment shall be deposited in the revolving fund and shall be available for disbursement from the fund in the same manner as other sums that may be appropriated by the Congress for this purpose. The unexpended balance of all moneys heretofore received by the stationery room of the House of Representatives from the sale of stationery supplies and equipment shall be deposited in the Treasury of the United States to the credit of the fund: *Provided*, That the unexpended balances in the appropriations “Contingent expenses, House of Representatives, stationery, 1945–1946”; “Contingent expenses, House of Representatives, stationery, 1946”; “Contingent expenses, House of Representatives, stationery, 1947–48”, as of June 30, 1947, shall be transferred to and made available for expenditure out of the fund, together with appropriations herein or hereafter made therefor, to remain available until expended.

(July 17, 1947, ch. 262, 61 Stat. 366.)

Stationery room of House of Representatives redesignated Office Supply Service.

This section is referred to in sections 25b, 46b–2 of this title.

In the case of any Member of the House of Representatives, Delegate, or Resident Commissioner who is elected for a portion of a term, the amount of stationery allowance which such Member, Delegate, or Resident Commissioner shall be paid shall be an amount, with respect to the year in which he commences his service, which is the same percentage of the total stationery allowance payable for service for all of such year as the number of months of his service in such year (counting the month in which he is elected as one month) is of the total number of months in such year. Such prorated stationery allowance shall be paid from the contingent fund of the House into the revolving fund for stationery allowances established in section 46b–1 of this title.

(Feb. 27, 1956, ch. 73, 70 Stat. 31.)

This section is referred to in section 25b of this title.

Section 46c, acts June 13, 1945, ch. 189, 59 Stat. 244; July 1, 1946, ch. 530, 60 Stat. 392; Aug. 2, 1946, ch. 753, title I, §102, 60 Stat. 814; Nov. 1, 1951, ch. 665, Ch. 1, 65 Stat. 760; Aug. 1, 1953, ch. 304, title I, 67 Stat. 321; June 27, 1956, ch. 453, 70 Stat. 360; Jan. 6, 1964, Pub. L. 88–258, title IV, 77 Stat. 863; July 27, 1965, Pub. L. 89–90, 79 Stat. 268; Aug. 27, 1966, Pub. L. 89–545, 80 Stat. 357, provided for payment of long-distance telephone calls for Senators and Vice President made to and from Washington, D.C. See section 58 of this title.

Section 46d, acts June 13, 1945, ch. 189, 59 Stat. 244; July 1, 1946, ch. 530, 60 Stat. 392; Aug. 2, 1946, ch. 753, title I, §102, 60 Stat. 814; Aug. 1, 1953, ch. 304, title I, 67 Stat. 321; July 2, 1954, ch. 455, title I, 68 Stat. 400; July 31, 1958, Pub. L. 85–570, 72 Stat. 442; July 27, 1965, Pub. L. 89–90, 79 Stat. 268, provided for payment from contingent fund of Senate of long-distance telephone calls for Senators, originating and terminating outside Washington, D.C., and additional payments for calls to or from Washington, D.C. See section 58 of this title.

Pub. L. 90–57 provided that the repeal is effective Jan. 1, 1968.

Commencing January 20, 1949, the provisions of existing law relating to long-distance telephone calls for Senators shall be equally applicable to the Vice President of the United States.

(May 24, 1949, ch. 138, title I, 63 Stat. 77.)

Section, Pub. L. 89–90, §101, July 27, 1965, 79 Stat. 268, provided for computation of long-distance telephone calls for Senators, wide area telephone service contracts, and effective date of changes. See section 58 of this title.

Pub. L. 90–57 provided that the repeal is effective Jan. 1, 1968.

Section, Pub. L. 90–21, title I, May 29, 1967, 81 Stat. 38, made contingent fund of Senate available for reimbursement of each Senator of strictly official telephone service charges incurred outside District of Columbia up to $300 in each fiscal quarter. See section 58 of this title.

Pub. L. 92–184 provided that the repeal is effective Jan. 1, 1972.

Section, Pub. L. 90–57, July 28, 1967, 81 Stat. 130, authorized payment from contingent fund of Senate of charges for long distance telephone calls by Senators. See section 58 of this title.

Section 506(k), formerly §506(h), of Pub. L. 92–607, renumbered §506(i) by Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, renumbered §506(j) by Pub. L. 96–304 title I, §101, July 8, 1980, 94 Stat. 889, and renumbered §506(k) by Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the repeal is effective Jan. 1, 1973.

Section, Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 810, related to reimbursement to Senators and President of Senate of official telephone and telegraph communications charges incurred by them or on their behalf out of contingent fund of Senate up to a maximum of $150 per annum.

Pub. L. 92–342 provided that the repeal is effective July 1, 1972.

Section, acts July 1, 1946, ch. 530, 60 Stat. 392; Aug. 2, 1946, ch. 753, title I, §102, 60 Stat. 814, authorized the payment of charges for telegrams by Senators. See section 58 of this title.

Section 506(k), formerly §506(h), of Pub. L. 92–607, renumbered §506(i) by Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, renumbered §506(j) by Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, and renumbered §506(k) by Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the repeal is effective Jan. 1, 1973.

Section, acts June 23, 1949, ch. 238, §1, 63 Stat. 264; May 29, 1951, ch. 117, §1, 65 Stat. 47; Mar. 10, 1953, ch. 6, §1, 67 Stat. 5; Feb. 27, 1956, ch. 74, §1, 70 Stat. 31; Sept. 21, 1959, Pub. L. 86–340, §1, 73 Stat. 605, related to telephone, telegraph, and radiotelegraph allowances for Representatives, Delegates, and Resident Commissioner, and was omitted from the Code as superseded by section 46g of this title.

Section, act July 2, 1954, ch. 455, title I, 68 Stat. 402, fixed maximum minute allowance on long distance telephone calls of House Members, Delegates, and Resident Commissioner.

Repeal effective as of noon, Jan. 3, 1956, see section 3 of act Feb. 27, 1956, set out as an Effective Date of 1956 Amendment note under section 46g of this title.

Until otherwise provided by law, there shall be paid out of the contingent fund of the House of Representatives, in accordance with regulations prescribed by the Committee on House Administration, such amounts as may be necessary to pay—

(1) toll charges on strictly official long-distance telephone calls, and

(2) charges on strictly official telegrams, cablegrams, and radiograms,

made or sent by or on behalf of each Member of the House of Representatives (including the Resident Commissioner from Puerto Rico), other than the Speaker, the majority leader, the minority leader, the majority whip, and the minority whip, aggregating not to exceed seventy thousand units for each session of the House of Representatives, except that, if a Member or Resident Commissioner is elected for a portion of a term, the aggregate number of units to which he is entitled under this section for each portion of a session served by him which is less than a full session shall be a number which is the same percentage of seventy thousand as the number of days of his service in such session less than a full session is of the total number of days of the full session. Such units (including any units less than one hundred and forty thousand to the credit of a Member or Resident Commissioner at the close of the Eighty-ninth Congress) shall accumulate and be available for use by each such Member and Resident Commissioner, from session to session and from term to term (if sessions and terms are consecutive), until the aggregate number of such units to the credit of each such Member or Resident Commissioner at the close of each session is not more than one hundred and forty thousand units; but all units in excess of one hundred and forty thousand at such time shall be forfeited and unavailable for use by such Member or Resident Commissioner. For the purposes of this section—

(A) one minute of a long-distance telephone call shall be four units,

(B) one word of a telegram, cablegram, or radiogram shall be one unit, except that one word of a night letter shall be one-half unit,

(C) the word “session” means the period beginning at noon on January 3 of each calendar year and ending at noon on January 3 of the immediately following calendar year, and

(D) the word “term” means the period beginning at noon on January 3 of each odd-numbered calendar year and ending at noon on January 3 of the next succeeding odd-number calendar year.

(June 23, 1949, ch. 238, §2, 63 Stat. 265; May 29, 1951, ch. 117, §1, 65 Stat. 47; July 8, 1952, ch. 590, §1, 66 Stat. 443; Mar. 10, 1953, ch. 6, §1, 67 Stat. 5; Feb. 27, 1956, ch. 74, §2(a), (c), 70 Stat. 32; Sept. 4, 1957, Pub. L. 85–289, §1, 71 Stat. 614; Sept. 21, 1959, Pub. L. 86–340, §2, 73 Stat. 605; Dec. 30, 1963, Pub. L. 88–248, §103, 77 Stat. 817; Aug. 20, 1964, Pub. L. 88–454, §103, 78 Stat. 550; Aug. 21, 1965, Pub. L. 89–131, §1, 79 Stat. 544; Oct. 27, 1966, Pub. L. 89–697, ch. VI, 80 Stat. 1064.)

1966—The number of units authorized was increased to 70,000 for each session from prior authorization of 100,000 for each term, accumulation of units was permitted, and provisions were added to count one word of a night letter as one-half unit and to define “session” by House Resolution No. 901, June 29, 1966, which was enacted into permanent law by Pub. L. 89–697.

1965—Pub. L. 89–131 substituted “four units” for “five units” in cl. (1).

1964—Payment of charges for telephone calls, telegrams, cablegrams, and radiograms for an additional ten thousand units during a term was authorized by House Resolution No. 531, Oct. 2, 1963, which was enacted into permanent law by Pub. L. 88–454.

1963—Payment of charges for telephone calls, telegrams, cablegrams, and radiograms for an additional ten thousand units during a term was authorized by House Resolution No. 735, July 25, 1962, which was enacted into permanent law by Pub. L. 88–244.

1959—Pub. L. 86–340 designated first par. of existing provisions as subsec. (a) and changed six thousand minute telephone allowance and forty thousand word telegraph allowance for each Congress to an aggregate eighty thousand units telephone and telegraph allowance, added subsec. (b) and designated second par. of existing provisions as subsec. (c).

1957—Pub. L. 85–289 authorized payment for 6,000 minutes of long-distance telephone calls, 40,000 words in official telegrams, cablegrams, and radiograms, and 4,000 words in telegrams, cablegrams, and radiograms sent to or from a point outside the United States, and substituted definition of “term” for definition of “year”.

1956—Act Feb. 27, 1956, authorized payment of 3,000 minutes of long-distance telephone calls made by Members each year, and charges on official telegrams, cablegrams and radiograms aggregating not more than 20,000 words per year, and limited the amount of telegrams, cablegrams and radiograms that may be sent to or from a point outside the United States, or its Territories or possessions.

1953—Act Mar. 10, 1953, removed monthly limitations on official telephone calls and telegrams of Members without affecting annual limitations, and defined “year”.

1952—Act July 8, 1952, allowed Members to use accumulated minutes and words at any subsequent time during the Congress in which they accumulate.

1951—Act May 29, 1951, changed limitation from $500 per year to 150 minutes per month for telephone calls and 1000 words per month for telegrams.

Committee on House Administration of House of Representatives treated as referring to Committee on House Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of this title.

Section 2 of Pub. L. 89–131 provided that: “The amendment made by the first section of this Act [amending this section] shall take effect as of noon, January 3, 1965.”

Section 3 of Pub. L. 86–340 provided that: “The amendments made by the first two sections of this Act [amending this section and section 46f of this title] shall take effect as of noon, January 3, 1959.”

Section 2 of Pub. L. 85–289 provided that: “The amendment made by the first section of this Act [amending this section] shall take effect as of noon, January 3, 1957.”

Section 3 of act Feb. 27, 1956, provided that: “The amendments made by this Act [amending this section and section 46f of this title and repealing section 46f–1 of this title] shall take effect as of noon on January 3, 1956.”

Section 2 of act Mar. 10, 1953, provided that: “The amendment made by this Act to such Act of June 23, 1949, as amended [amending this section and section 46f of this title], shall take effect as of noon on January 3, 1953.”

Section 2 of act July 8, 1952, provided that: “The amendments made by this Act [amending this section] shall take effect as of July 1, 1951.”

Section 4 of act May 29, 1951, provided that: “The amendments made by this Act [amending this section and sections 46f and 46i of this title] shall take effect on July 1, 1951.”

Adjustment of allowances by Committee on House Administration, see section 57 of this title.

Member as used in this section includes a Representative in Congress, a Delegate, and the Resident Commissioner from Puerto Rico, see section 46i of this title.

This section is referred to in sections 25b, 46i of this title.

(a) Effective as of April 1, 1971, until otherwise provided by law, the Clerk of the House of Representatives shall reimburse, from the contingent fund of the House—

(1) each Member of the House of Representatives and the Resident Commissioner from Puerto Rico in an amount not more than $450 quarterly for charges for strictly official telephone service incurred outside the District of Columbia; and

(2) the Delegate from the District of Columbia in an amount not more than $450 quarterly for charges for strictly official telephone service incurred within the District of Columbia.

(b) Any unused portion of each quarterly allowance provided by this section shall lapse. The Committee on House Administration shall make such rules and regulations as the committee considers necessary to carry out this section. The amounts provided by this section shall be in addition to any other amounts provided by law which may be available for payment of charges described in subsection (a) of this section.

(Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 636.)

Section is based on section 1 of House Resolution No. 418, Ninety-second Congress, May 18, 1971, which was enacted into permanent law by Pub. L. 92–184.

A prior section, based on House Resolution No. 161, Ninetieth Congress, May 11, 1967, which was enacted into permanent law by Pub. L. 90–392, title I, July 9, 1968, 82 Stat. 318, was repealed by section 3 of House Resolution No. 418. The repeal was effective on Dec. 15, 1971, the date of enactment of the provisions of House Resolution No. 418 as permanent law.

Committee on House Administration of House of Representatives treated as referring to Committee on House Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of this title.

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Adjustment of allowances by Committee on House Administration, see section 57 of this title.

Section, act June 23, 1949, ch. 238, §3, 63 Stat. 265, related to limitation on charging telegrams to official business of the House. See section 46g of this title.

As used in section 46g of this title, the term “Member” or “Member of the House of Representatives” includes a Representative in Congress, a Delegate from a Territory, and the Resident Commissioner from Puerto Rico.

(June 23, 1949, ch. 238, §6, 63 Stat. 265; May 29, 1951, ch. 117, §3, 65 Stat. 47.)

1951—Act May 29, 1951, struck out definition of “State”.

Amendment by act May 29, 1951, effective July 1, 1951, see section 4 of that act set out as a note under section 46g of this title.

The compensation of Members and Delegates shall be passed as public accounts, and paid out of the public Treasury.

(R.S. §46.)

R.S. §46 derived from acts Jan. 22, 1818, ch. 5, §3, 3 Stat. 404, and Feb. 10, 1854, ch. 11, §1, 10 Stat. 267.

This section is referred to in section 25b of this title.

Salary and mileage accounts of Senators shall be certified by the President of the Senate, and those of Representatives and Delegates by the Speaker of the House of Representatives; and such certificates shall be conclusive upon all the departments and officers of the Government.

(R.S. §§47, 48; July 28, 1866, ch. 296, §17, 14 Stat. 323; Jan. 20, 1874, ch. 11, 18 Stat. 4.)

R.S. §47 derived from acts July 28, 1866, ch. 296, §17, 14 Stat. 323, and Jan. 22, 1818, ch. 5, §3, 3 Stat. 404.

R.S. §48 derived from act Sept. 30, 1850, ch. 90, §1, 9 Stat. 523.

R.S. §47 constitutes first clause and R.S. §48 constitutes remainder.

Speaker authorized to designate a substitute in his office to sign certificates for salary and accounts, see section 50 of this title.

This section is referred to in sections 25b, 50 of this title.

The Clerk of the House of Representatives is authorized and directed to sign, during the recess of Congress after the first session and until the first day of the second session, the certificates for the monthly compensation of Members and Delegates in Congress, which certificate shall be in the form in use on August 15, 1876, and shall have the like force and effect as is given to the certificate of the Speaker.

(Aug. 15, 1876, ch. 287, §1, 19 Stat. 145.)

This section is referred to in section 25b of this title.

The Speaker is authorized to designate from time to time some one from among those appointed by him and appropriated for and employed in his office, whose duty it shall be under the direction of the Speaker to sign in his name and for him all certificates required by section 48 of this title for salary and accounts for traveling expenses in going to and returning from Congress of Representatives and Delegates.

(Nov. 12, 1903, P. Res. No. 1, 33 Stat. 1.)

This section is referred to in section 25b of this title.

Whenever any deceased Senator or Member of the House of Representatives shall be actually interred in the Congressional Cemetery, so-called, it shall be the duty of the Sergeant at Arms of the Senate, in the case of a Senator, and of the Sergeant at Arms of the House of Representatives, in the case of a Member of the House, to have a monument erected, of granite, with suitable inscriptions, and the cost of the same shall be a charge upon and paid out either from the contingent funds of the Senate or of the House of Representatives, to whichever the deceased may have belonged, and any existing omissions of monuments or inscriptions, as aforesaid, are directed and authorized to be supplied in like manner.

(May 23, 1876, ch. 103, 19 Stat. 54.)

Pub. L. 97–245, Aug. 26, 1982, 96 Stat. 313, provided: “That the Congress finds and declares that—

“(1) sections of the Congressional Cemetery in the District of Columbia are of national historic significance, including those areas in which John Philip Sousa, Matthew Brady, J. Edgar Hoover, several former Members of the United States Senate and House of Representatives, and many other persons of historical importance and interest are buried; and

“(2) the physical condition of these areas and related portions of the cemetery has deteriorated to the extent that restoration is necessary to protect and preserve the historical values of these areas.

“

“

Arrangements for attendance of funeral of deceased House Members, payment of funeral expenses and expenses of attending funeral rites, see section 124 of this title.

Section 52, Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 634, provided for office space for Senators in their home states. See section 58 of this title.

Similar provisions were contained in the following prior appropriations acts:

June 27, 1956, ch. 453, 70 Stat. 359, as amended Sept. 29, 1965, Pub. L. 89–211, §1(b), 79 Stat. 857.

Aug. 5, 1955, ch. 568, 69 Stat. 504.

July 2, 1954, ch. 455, title I, 68 Stat. 399.

Aug. 1, 1953, ch. 304, title I, 67 Stat. 321.

July 9, 1952, ch. 598, 66 Stat. 466.

Oct. 11, 1951, ch. 485, 65 Stat. 391.

Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 597.

June 22, 1949, ch. 235, 63 Stat. 219.

June 14, 1948, ch. 467, 62 Stat. 425.

Section 53, Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 634, provided for payment of office expenses of Senators in their home states. See section 58 of this title.

Similar provisions were contained in the following prior appropriations acts:

June 27, 1956, ch. 453, 70 Stat. 359, as amended July 27, 1965, Pub. L. 89–90, 79 Stat. 269; Dec. 12, 1969, Pub. L. 91–145, 83 Stat. 343.

Aug. 5, 1955, ch. 568, 69 Stat. 504.

July 2, 1954, ch. 455, title I, 68 Stat. 399.

Section 506(k), formerly §506(h), of Pub. L. 92–607, redesignated §506(i) by Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, redesignated §506(j) by Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, and redesignated §506(k) by Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the repeal is effective Jan. 1, 1973.

(a) Subject to subsection (b) of this section, the Clerk of the House of Representatives shall procure for and furnish to each Member of the House of Representatives and the Resident Commissioner from Puerto Rico, either one complete set of the current volumes of the United States Code Annotated, and the current pocket parts thereof, published by the West Publishing Company, Saint Paul, Minnesota, and the Edward Thompson Company, Mineola, New York, or one complete set of the current volumes of the Federal Code Annotated, and the current pocket parts thereof, published by the Bobbs-Merrill Company, Incorporated, a subsidiary of Howard W. Sams and Company, Incorporated, Indianapolis, Indiana, and New York, New York, as such Member or Resident Commissioner may elect, upon his written application to the Clerk containing his certification that the volumes and pocket parts thereof for which he applies are intended for his personal use exclusively. The complete set of the volumes and pocket parts thereof for which the Member or Resident Commissioner applies shall be furnished on a current basis for the continuous period of his service as Member or Resident Commissioner beginning immediately after his application therefor, irrespective of the number of his terms of office covered by such period of service, and his selection of the set of such volumes and pocket parts may not be changed during such period of service. A Member and the Resident Commissioner is entitled to apply for and receive a set of volumes and pocket parts under this authorization after each break in his service as Member or Resident Commissioner.

(b) A Member or the Resident Commissioner is not entitled, for the continuous period of his service described in subsection (a) of this section, to more than one copy of each of the current volumes, and the current pocket parts thereof, for which he applies under this authorization or, after the close of the Ninetieth Congress, to receive a set of volumes and pocket parts under this authorization and a set of the Code of Laws of the United States, and supplements thereto, under section 212 of title 1.

(c) Until otherwise provided by law, there shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this authorization.

(d) The Committee on House Administration is authorized to prescribe such regulations as may be necessary to carry out this authorization.

(Pub. L. 90–392, title I, July 9, 1968, 82 Stat. 318.)

The United States Code Annotated, referred to in subsec. (a), is published by the West Publishing Company of St. Paul, Minnesota.

The Federal Code Annotated, referred to in subsec. (a), is no longer being published. A successor publication, the United States Code Service, is published by Lawyers Cooperative Publishing, a division of Thomson Legal Publishing Inc.

Section is based on House Resolution No. 506, Ninetieth Congress, Aug. 21, 1967, which was enacted into permanent law by Pub. L. 90–392.

Committee on House Administration of House of Representatives treated as referring to Committee on House Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of this title.

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Adjustment of allowances by Committee on House Administration, see section 57 of this title.

This section is referred to in section 25b of this title.

In lieu of the volumes of the Code of Laws of the United States, and the supplements thereto, supplied a Senator under section 212 of title 1, the Secretary of the Senate is authorized and directed to supply to a Senator upon written request of, and as specified by, that Senator—

(1) one copy of each of the volumes of the United States Code Annotated being published at the time the Senator takes office, and, as long as that Senator holds office, one copy of each replacement volume, each annual pocket part, and each pamphlet supplementing each such pocket part to the United States Code Annotated; or

(2) one copy of each of the volumes of the United States Code Service being published at the time the Senator takes office, and, as long as the Senator holds office, one copy of each replacement volume and each pocket supplement to the United States Code Service.

A Senator is entitled to make a written request under this paragraph and be supplied such volumes, pocket parts, and supplements the first time he takes office as a Senator and each time thereafter he takes office as a Senator after a period of time during which he has not been a Senator. In submitting such written request, the Senator shall certify that the volumes, pocket parts, or supplements he is to be supplied are to be for his exclusive, personal use. A Senator holding office on July 9, 1971, shall be entitled to file a written request and receive the volumes, pocket parts, and supplements, as the case may be, referred to in this paragraph if such request is filed within 60 days after July 9, 1971. Expenses incurred under this authorization shall be paid from the contingent fund of the Senate.

(Pub. L. 92–51, July 9, 1971, 85 Stat. 129; Pub. L. 92–607, ch. V, §501, Oct. 31, 1972, 86 Stat. 1504.)

1972—Pub. L. 92–607 substituted “United States Code Service” for “Federal Code Annotated” in two places.

Effective as of April 1, 1971, until otherwise provided by law, the Clerk of the House of Representatives shall reimburse the Delegate from the District of Columbia, from the contingent fund of the House, in an amount not more than $300 quarterly, upon certification of the Delegate, for official office expenses incurred within the District of Columbia.

(Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 636.)

Section is based on section 2 of House Resolution No. 418, Ninety-second Congress, May 18, 1971, which was enacted into permanent law by Pub. L. 92–184.

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Section 302(a), (b), and (d) of House Resolution No. 287, Ninety-fifth Congress, Mar. 2, 1977, enacted into permanent law by Pub. L. 95–94, title I, §115, Aug. 5, 1977, 91 Stat. 668, provided that:

“(a) Notwithstanding any other provision of law and until otherwise provided by law—

“(1) effective January 3, 1977, each Member of the House of Representatives shall be entitled to reimbursement under the nineteenth paragraph under the subheading ‘

“(2) the Clerk of the House may make disbursements under the paragraph referred to in paragraph (1) by (A) direct payment to the person from whom goods or services are obtained by the Member involved under such paragraph; or (B) reimbursement to the Member involved or person designated by the Member.

“(b) Effective January 3, 1978, notwithstanding any other provision of law and until otherwise provided by law, and conditional upon the adoption of a House rule prohibiting Members of the House of Representatives from maintaining unofficial office accounts, the entitlement of each Member of the House of Representatives under the nineteenth paragraph under the subheading ‘

“(d) For purposes of this section, the terms ‘Member of the House of Representatives’ and ‘Member’ mean each Representative in, or Delegate or Resident Commissioner to, the House of Representatives.”

Section 302(a), (b), and (d) of House Resolution No. 287 is also set out as a note under section 122a of this title. Section 302(c) of such resolution is set out as a note under section 41 of this title.

Adjustment of allowances by Committee on House Administration, see section 57 of this title.

Delegate to House of Representatives from District of Columbia, see sections 25a, 25b of this title.

(a) Until otherwise provided by law, the Committee on House Administration may, as the committee considers appropriate, fix and adjust from time to time, by order of the committee, the amounts of allowances (including the terms, conditions, and other provisions pertaining to those allowances) within the following categories:

(1) for Members of the House of Representatives, the Resident Commissioner from Puerto Rico, and the Delegate from the District of Columbia—allowances for clerk hire, postage stamps, stationery, telephone and telegraph and other communications, official office space and official office expenses in the congressional district represented (including, as applicable, a State, the Commonwealth of Puerto Rico, and the District of Columbia), official telephone services in the congressional district represented, and travel and mileage to and from the congressional district represented; and

(2) for the standing committees, the Speaker, the majority and minority leaders, the majority and minority whips, the Clerk, the Sergeant at Arms, the Doorkeeper, and the Postmaster of the House of Representatives—allowances for postage stamps, stationery, and telephone and telegraph and other communications.

(b) The contingent fund of the House of Representatives is made available to carry out the purposes of this section.

(Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 636.)

Section is based on House Resolution No. 457, Ninety-second Congress, May 27, 1971, which was enacted into permanent law by Pub. L. 92–184.

Committee on House Administration of House of Representatives treated as referring to Committee on House Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of this title.

Office of Doorkeeper of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Office of Postmaster of House of Representatives abolished by section 2 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992.

Pub. L. 101–520, title I, §104, Nov. 5, 1990, 104 Stat. 2262, provided that: “Effective as of the beginning of the 102d Congress, the authorization for the Clerk Hire Allowance, as established by the Committee on House Administration, is increased by $50,000.”

Resolved, that effective January 25, 1972, each Member of the House of Representatives shall be entitled to office space suitable for his use in the district he represents at such places designated by him in such district. The Sergeant at Arms shall secure office space satisfactory to the Member in post offices or Federal buildings at not more than two (2) locations if such space is available. Office space to which a Member is entitled under this resolution which is not secured by the Sergeant at Arms may be secured by the Member, and the Clerk shall approve for payment from the contingent fund of the House of Representatives vouchers covering bona fide statements of amounts due for office space not exceeding a total allowance to each Member of $200 per month; but if a Member certifies to the Committee on House Administration that he is unable to obtain suitable space in his district for $200 per month due to high rental rates or other factors, the Committee on House Administration may, as the Committee considers appropriate, direct the Clerk to approve for payment from the contingent fund of the House of Representatives vouchers covering bona fide statements of amounts due for suitable office space not exceeding a total allowance to each Member of $350 per month. Members shall be entitled to have no more than three (3) district offices outfitted with office equipment, carpeting, and draperies at the expense of the General Services Administration.

As used in this resolution the term “Member” means any Member of the House of Representatives, the Resident Commissioner of Puerto Rico, and the Delegate of the District of Columbia.

Resolved, that effective January 3, 1973, until otherwise provided by order of the Committee on House Administration:

(a) The contingent fund of the House of Representatives is made available for reimbursement of transportation expenses incurred by Members (including the Resident Commissioner from Puerto Rico) in traveling on official business, by the nearest usual route, between Washington, District of Columbia, and any point in the district which he represents, for not more than 36 round trips during each Congress, such reimbursement to be made in accordance with rules and regulations established by the Committee on House Administration of the House of Representatives.

(b) The contingent fund of the House of Representatives is made available for reimbursement of transportation expenses incurred by employees in the office of a Member (including the Resident Commissioner from Puerto Rico) for not more than 6 round trips during any Congress between Washington, District of Columbia and any point in the Congressional district represented by the Member. Such payment shall be made only upon vouchers approved by the Member, containing a certification by him that such travel was performed on official duty. The Committee on House Administration shall make such rules and regulations as may be necessary to carry out this section.

(c) A Member of the House of Representatives (including the Resident Commissioner from Puerto Rico) may elect to receive in any Congress, in lieu of reimbursement of transportation expenses for such Congress is authorized in paragraph (a) above, a lump sum transportation payment of $2,250 for each Congress. The Committee on House Administration of the House of Representatives shall make such rules and regulations as may be necessary to carry out this section.

(d) This order shall not affect any allowance for travel of Members of the House of Representatives (including the Resident Commissioner from Puerto Rico) which is authorized to be paid from funds other than the contingent fund of the House of Representatives.

Resolved, that effective March 1, 1972, until otherwise provided by order of the Committee on House Administration, each Member of the House of Representatives, the Resident Commissioner from Puerto Rico, and the Delegate from the District of Columbia shall be entitled to an annual clerk hire allowance of $157,092 for not to exceed 16 clerks. There shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this order until otherwise provided by law.

Resolved, that effective January 3, 1973, until otherwise provided by order of the Committee on House Administration; the allowance for stationery for each Member of the House of Representatives, Delegates, and Resident Commissioner shall be $4,250 per regular session.

Resolved, that effective May 1, 1973, until otherwise provided by order of the Committee on House Administration upon written request to the Committee on House Administration, a Member, the Resident Commissioner from Puerto Rico, or a Delegate to the House of Representatives may employ in lieu of 1 of the 16 clerks allowed under his clerk hire allowance, a research assistant at such salary as the Member may designate. The Member's annual clerk hire allowance will then be increased at the rate of $20,000.

There shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this order until otherwise provided by law.

Resolved, that effective May 1, 1973, until otherwise provided by order of the Committee on House Administration, upon written request to the Committee on House Administration, a Member, the Resident Commissioner from Puerto Rico or a Delegate to the House of Representatives may allocate up to $250 a month of any unused portion of his clerk hire allowance for the leasing of equipment necessary for the conduct of his office.

There shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this order until otherwise provided by law.

Resolved, that effective October 1, 1973, until otherwise provided by Order of the Committee on House Administration the quarterly allowance for official telephone service outside the District of Columbia for Members, Delegates, and the Resident Commissioner from Puerto Rico is increased from $450 quarterly to $600 quarterly.

Resolved, that effective October 1, 1973, until otherwise provided by Order of the Committee on House Administration the quarterly allowance for official office expenses incurred outside the District of Columbia by Members, Delegates, and the Resident Commissioner from Puerto Rico has been increased from $300 quarterly to $500 quarterly.

Resolved, that effective October 1, 1973, until otherwise provided by Order of the Committee on House Administration the number of units provided for official telephone calls, telegrams, cablegrams, and radiograms made or sent by on or behalf of a Member, Delegate, or the Resident Commissioner of Puerto Rico has been increased from 80,000 units to 100,000 units for each regular session of Congress. Such units shall accumulate and be available for use until the aggregate number of such units in the close of each session is not more than 200,000. Unused units in excess of 200,000 at the close of session may not be carried forward for use in a succeeding session.

Resolved, that until otherwise provided by the Committee on House Administration, there shall be paid from the contingent fund of the House of Representatives to each Member, Resident Commissioner, or Delegate to the House of Representatives an additional allowance of $1,000 for stationery. Such payment shall be effective each session beginning with the 2nd Session of the 93d Congress.

Effective date: 2d Session of the 93d Congress.

Resolved, that effective January 1, 1974, until otherwise provided by the Committee on House Administration, one word of a telegram, cablegram, or radiogram, shall be charged as two (2) units, except that one word of a night letter shall be charged as one (1) unit. In addition, twelve (12) units shall be charged for physical delivery of any telegram, cablegram, or radiogram, by the Telegraph Company.

Resolved, that effective March 1, 1974, each Member of the House of Representatives shall be entitled to office space suitable for his use in the district he represents at such places designated by him in such district. The Sergeant at Arms shall secure office space satisfactory to the Member in post offices or Federal buildings at not more than three (3) locations if such space is available. Office space to which a Member is entitled under this resolution which is not secured by the Sergeant At Arms may be secured by the Member, and the Clerk shall approve for payment from the contingent fund of the House of Representatives vouchers covering bona fide statements of amounts due for office space not exceeding a total allowance to each Member of $200 per month; but if a Member certifies to the Committee on House Administration that he is unable to obtain suitable space in his district for $200 per month due to high rental rates or other factors, the Committee on House Administration may, as the Committee considers appropriate, direct the Clerk to approve for payment from the contingent fund of the House of Representatives vouchers covering bona fide statements of amounts due for suitable office space not exceeding a total allowance to each Member of $500 per month. In the event suitable office space is not available in post offices or other Federal buildings and the Member certifies to the Committee on House Administration that he is unable to obtain suitable private space in his district for $500.00 per month due to high rental rates or other factors, the Committee on House Administration may direct the Clerk to approve for payment from the contingent fund of the House of Representatives vouchers covering bona fide statements of amounts due for suitable office space not exceeding approximately 1,500 square feet at rates not to exceed the highest applicable rate charged to Federal agencies in the district established by regulations issued by the Administrator of General Services pursuant to Section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j)). Members shall be entitled to have no more than three (3) district offices outfitted with office equipment, carpeting, and draperies at the expense of the General Services Administration.

As used in this resolution the term “Member” means any Member of the House of Representatives, the Resident Commissioner from Puerto Rico, and the Delegates from the District of Columbia, Guam, and the Virgin Islands.

Committee Order No. 12 rescinds the provisions of Committee Order No. 1 revised.

Resolved, that in addition to postage stamps authorized to be furnished under any other provision of law, until otherwise provided by order of the Committee on House Administration, the Clerk of the House of Representatives shall for each regular session of Congress procure and furnish United States postage stamps to each Representative, the Resident Commissioner of Puerto Rico, and the Delegates from the District of Columbia, Guam, and the Virgin Islands in an amount not exceeding $230, and to each standing committee of the House of Representatives upon request of the chairman thereof, in an amount not exceeding $140. In addition to postage stamps authorized under any other provision of law, until otherwise provided by order of the Committee on House Administration, the Speaker, the majority and minority leaders, and the majority and minority whips of the House of Representatives shall each be allowed United States postage stamps in an amount not exceeding $205.

Effective date: August 20, 1974.

Resolved, that until otherwise provided by order of the Committee on House Administration; the allowance for Stationery for each Member of the House of Representatives, Delegate, and Resident Commissioner, shall be $6,500 per regular session. Such payment shall be made to each Member, Delegate, and the Resident Commissioner serving as such on or after the date of adoption of this resolution.

Effective date: August 20, 1974.

Resolved, the Clerk of the House is authorized and directed to pay each Member, the Resident Commissioner from Puerto Rico, and the Delegates to the House of Representatives from the contingent fund of the House the amount of $500 quarterly upon the certification of each such Member, Resident Commissioner and Delegate for official expenses incurred outside the District of Columbia; effective with the beginning of the 94th Congress.

Effective date: December 18, 1974.

Resolved, that effective this date, until otherwise provided by order of the Committee on House Administration, each Member, the Resident Commissioner from Puerto Rico, and the Delegate from the District of Columbia to the House of Representatives shall be entitled to an annual clerk hire allowance for the employment of not to exceed 18 clerks, and the Delegates from Guam and the Virgin Islands to the House of Representatives shall be entitled to an annual clerk hire allowance for the employment of not to exceed 11 clerks.

Effective date: March 6, 1975.

Resolved, that effective March 1, 1975, until otherwise provided by order of the Committee on House Administration, upon written request to the Committee on House Administration, a Member, the Resident Commissioner from Puerto Rico or a Delegate to the House of Representatives may allocate an amount not to exceed $250 a month of any unused portion of his or her clerk hire allowance for the leasing of equipment necessary for the conduct of his or her office or for the leasing of computer and related services in connection with his or her official duties.

Resolved, that effective this date, until otherwise provided by order of the Committee on House Administration, each Member, the Resident Commissioner from Puerto Rico or a Delegate to the House of Representatives is authorized a $650 per month allowance to lease office equipment, and upon written request to the Committee on House Administration, a Member, the Resident Commissioner from Puerto Rico or a Delegate to the House of Representatives may allocate an amount not to exceed $250 a month of any unused portion of his or her clerk hire allowance for the leasing of equipment necessary for the conduct of his or her office or for the leasing of computer and related services in connection with his or her official duties. The said monthly allowances are not cumulative.

Effective date: April 23, 1975.

Resolved, that effective this date [June 2, 1975], until otherwise provided by order of the Committee on House Administration:

(a) The contingent fund of the House of Representatives is made available for reimbursement of transportation expenses incurred by Members (including the Resident Commissioner from Puerto Rico, the Delegates from the District of Columbia, the Virgin Islands, and Guam) in traveling, on official business, by the nearest usual route, between Washington, District of Columbia, and any point in the district which he represents, for not more than 26-round trips during each session of Congress (at the discretion of the Member, Resident Commissioner and Delegates no more than 6 of the 26-round trips may be allocated to the employees of their offices, such reimbursement to be made in accordance with rules and regulations established by the Committee on House Administration of the House of Representatives.

(b) The contingent fund of the House of Representatives is made available for reimbursement of transportation expenses incurred by employees in the office of a Member (including the Resident Commissioner from Puerto Rico, the Delegates from the District of Columbia, the Virgin Islands, and Guam) in traveling, on official business, by the nearest usual route, between Washington, District of Columbia, and any point in the Congressional district represented by the Member, for not more than 6-round trips during each session of Congress. Such payment shall be made only upon the receipt of a voucher approved by the Member, containing a certification by him stating that such travel was performed on official business. The Committee on House Administration shall make such rules and regulations as may be necessary to carry out this section.

(c) A Member of the House of Representatives (including the Resident Commissioner from Puerto Rico, the Delegates from the District of Columbia, the Virgin Islands, and Guam) may elect to receive in each session of Congress, in lieu of reimbursement of transportation expenses for each session of Congress as authorized in paragraph (a) above, a lump sum transportation payment of $2,250 for each session of Congress. The Committee on House Administration of the House of Representatives shall make such rules and regulations as may be necessary to carry out this section.

(d) This order shall not affect any allowance for travel of Members of the House of Representatives (including the Resident Commissioner from Puerto Rico, the Delegates from the District of Columbia, the Virgin Islands, and Guam) which is authorized to be paid from funds other than the contingent fund of the House of Representatives.

Resolved, that effective June 1, 1975, until otherwise provided by order of the Committee on House Administration, each Member of the House of Representatives, the Resident Commissioner from Puerto Rico, and the Delegates from the District of Columbia, the Virgin Islands, and Guam shall be entitled to an additional annual clerk hire allowance of $22,500. There shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this order until otherwise provided by law.

Resolved, that effective June 1, 1975, until otherwise provided by order of the Committee on House Administration, each Member of the House of Representatives, Delegate and Resident Commissioner shall be entitled to a constituent communication's allowance equivalent to the fair market value of the printing and production costs of two standard 11 x 17 inch Congressional district-wide constituent reports per annum for use in production and printing of newsletters, questionnaires or similar correspondence eligible to be mailed under the frank. The Committee on House Administration shall make such rules and regulations as may be necessary to establish the fair market value of the cost of printing and production of two standard 11 x 17 inch Congressional district-wide constituent report. There shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary until otherwise provided by law.

Resolved, that effective for the 94th Congress, until otherwise provided by Order of the Committee on House Administration, that in addition to the basic installation and service charges not to exceed the cost of three telephone lines at each of three district offices, the number of units provided for official telephone calls, telegrams, cablegrams, and radiograms made or sent by on or behalf of a Member, Delegate, or the Resident Commissioner of Puerto Rico is hereby changed to an overall allowance of 125,000 units for each regular session of Congress. These units shall be transferable among the Washington, D.C. and district offices. In addition, payment for the use of a WATS line is authorized, but the charges for such WATS line shall be calculated and deducted at a rate of 11 cents per unit. Such units shall accumulate and be available for use until the aggregate number of such units at the close of each session or Congress is not more than 250,000. Unused units in excess of 250,000 at the close of a session may not be carried forward for use in a succeeding session or Congress.

Resolved, that effective this date [July 29, 1975], until otherwise provided by order of the Committee on House Administration, each Member, the Resident Commissioner from Puerto Rico or a Delegate to the House of Representatives is authorized upon written request to the Committee on House Administration, to allocate an amount not to exceed $1000 a month of any unused portion of his or her clerk hire allowance for the leasing of computer and related services in connection with his or her official duties. The said monthly allowance is not cumulative.

Resolved, that effective October 1, 1975, until otherwise provided by order of the Committee on House Administration, each Member, the Resident Commissioner from Puerto Rico or a Delegate to the House of Representatives is authorized a $750.00 per month allowance to lease office equipment, and upon written request to the Committee on House Administration, a Member, the Resident Commissioner from Puerto Rico or a Delegate to the House of Representatives may allocate an amount not to exceed $250.00 a month of any unused portion of his or her clerk hire allowance for the leasing of equipment necessary for the conduct of his or her office in connection with his or her official duties. The said monthly allowances are not cumulative.

Resolved, that effective immediately prior to noon on January 3, 1977, until otherwise provided by order of the Committee on House Administration, the allowance for airmail and special delivery stamps authorized by 2 U.S.C. 42c and 42d shall be reduced from its existing level to one dollar per session.

Resolved, that effective immediately prior to noon, January 3, 1977, until otherwise provided by Order of the Committee on House Administration, each Member of the House of Representatives shall be entitled to annual clerk-hire allowance of $238,584.00 for not to exceed 18 clerks. The amount of this allowance may be adjusted by the Committee on House Administration subsequent to the adoption of this order to reflect any adjustment to federal salary levels that occur under the Federal Pay Comparability Act of 1971.

The Committee on House Administration of the House of Representatives shall promulgate such regulations as may be necessary to carry out the provisions of this resolution.

“Member” means each Representative in, or Delegate or Resident Commissioner to, the House of Representatives.

Resolved, that effective September 1, 1976, until otherwise provided by order of the Committee on House Administration, reimbursements to Members for authorized expenditures shall be made only as prescribed by regulations of, and on forms issued by the Committee on House Administration.

“Member” means each Representative in, or Delegate or Resident Commissioner to, the House of Representatives.

Resolved, that effective immediately prior to noon on January 3, 1977, until otherwise provided by Order of the Committee on House Administration, if a Member elects to utilize WATS or similar service in his or her office in the District of Columbia, the Telecommunications Allowance shall be reduced by one-half. The Committee on House Administration shall promulgate regulations to implement this order and ensure adequate telecommunications service for Members representing districts where WATS or similar service is not available.

“Member” means each Representative in, or Delegate or Resident Commissioner to, the House of Representatives.

Resolved, that effective immediately prior to noon on January 3, 1977, until otherwise provided by Order of the Committee on House Administration, a Member may at any time during a session of Congress:

1—Receive in lieu of transportation authorized under 2 U.S.C. 43b a lump sum payment not to exceed $1.00 per session.

2—Withdraw a sum not to exceed $1.00 per session from his or her stationery account.

3—Receive under the provisions of 2 U.S.C. 122a an amount not to exceed $1.00 per session for official expenses outside the District of Columbia unless such Member submits an itemization of the expenses for which such Member seeks reimbursement.

The Committee on House Administration of the House of Representatives shall promulgate such regulations as may be necessary to carry out the provisions of this resolution.

“Member” means each Representative in, or Delegate or Resident Commissioner to, the House of Representatives.

Resolved, that effective immediately prior to noon on January 3, 1977, until otherwise provided by Order of the Committee on House Administration, Members may elect to transfer the authorization to expend funds among the following allowances.

1. Constituent Communication Allowance.

2. Official Expenses Outside the District of Columbia Allowance.

3. Stationery Allowance.

4. Equipment Lease Allowance.

5. Travel Allowance for Members and Designated Employees. The maximum amount transferable will be limited to an amount computed as follows:

64 times the rate per mile between the District of Columbia and the furthest point in the Member's District, according to the Rand McNally Standard Highway Mileage Guide. In no case shall this amount be less than $2,250. The following rates per mile apply:


6. Telephone and Telegraph Allowance. The maximum amount transferable will be limited to an amount computed as follows:

15,000 minutes times the highest long-distance telephone rate from the District of Columbia to the Member's District.

If the Member has elected to utilize WATS or similar service in his or her office in the District of Columbia, the amount will be reduced by one-half.

7. District Office Rental Allowance. The maximum amount transferable will be computed as follows:

1500 times the highest allowable GSA rental cost per square foot for office space in the Member's District.

Additionally, a Member may transfer a maximum of $12,000 per regular session of Congress for computer and related services and a maximum of $3,000 per regular session of Congress for Office Equipment leasing for his or her clerk-hire allowance.

All transfers made under this order shall be among the several above-stated categories and for the necessary and official expenses incurred by the Member in the conduct of his or her duties as a Member of the House of Representatives.

In the event the House precludes the use of the contingent fund of the House for implementation of this committee order, the status quo anti shall be restored as respects the individual accounts and allowances heretofore established by committee order or regulation prior to the adoption of this committee order.

The Committee on House Administration of the House of Representatives shall promulgate such regulations as may be necessary to carry out the provisions of this resolution.

“Member” means each Representative in, or Delegate or Resident Commissioner to, the House of Representatives.

Resolved, that effective April 1, 1977, until otherwise provided by order of the Committee on House Administration, each Member, Delegate or Resident Commissioner of the House of Representatives may compensate employees from the clerk-hire allowance at a per annum rate equivalent to, and not to exceed, the highest per annum rate of basic pay, as in effect from time to time, authorized for Level V of the Executive Schedule (5 U.S.C. 5316).

This order will tie the maximum annual rate of compensation which may be paid from the clerk-hire allowance to the Executive Schedule, and will reestablish the previously existing parity between the maximum which may be paid a committee employee, and the maximum which may be paid a clerk-hire employee.

The Order raises the ceiling from its present level of $39,600 to $47,500, which corresponds to a Level V position, but provides no additional funds to the clerk-hire allowance. If a Member desires to raise an employee's salary, it must be done from the existing allowance.

This action is clearly within the Committee's authority under 2 U.S.C. 57 as modified by H.Res. 1372 (P.L. 94–440) [2 U.S.C. 57a], because it sets a “term or condition” of an allowance, and does not fix or adjust the amount of an allowance, which action would require a vote on the House floor.

Resolved, That effective October 1, 1977, until otherwise provided by order of the Committee on House Administration, reimbursement for travel by members and employees by privately owned conveyance shall be at the rate of 17 cents per mile for automobile, 15 cents per mile for motorcycle, 36 cents per mile for aircraft, and that such reimbursement shall be made in accordance with rules and regulations established by the Committee on House Administration.

Resolved, That effective May 1, 1981, until otherwise provided by the Committee on House Administration, the Allowance for Official Expenses and the Inventory Allowance for District Office Equipment and Furnishings are adjusted as follows:

1. The base allowance for Official expenses is increased to $47,300.

2. The Travel Allowance is increased to a base of $4,950, and the multiplier in the formula used to compute the variable for travel is increased to a range of 18 to 30 cents.

3. The Inventory Allowance for District Office Equipment and Furnishing is increased to $35,000.

Expenditures of these funds shall be made in accordance with rules and regulations established by the Committee on House Administration.

Resolved, that effective January 3, 1983, until otherwise provided by the Committee on House Administration, the Allowance for Official Expenses is as follows:

1. The base allowance for Official Expenses is increased to $52,000.

2. The Travel Allowance is increased to a minimum of $5,700, and the multiplier in the formula used to compute the variable for travel is increased to a range of 21 to 35 cents.

Expenditures of these funds shall be made in accordance with rules and regulations established by the Committee on House Administration.

Resolved, That effective May 1, 1983, until otherwise provided by the Committee on House Administration, the Clerk-Hire Allowance and the Official Expenses Allowance are adjusted as follows:

1. The base allowance for Official Expenses is increased by $15,000.

2. Each session a Member may allocate not to exceed $30,000 from the basic Clerk-Hire Allowance which may be used to supplement the Official Expenses Allowance, and may allocate not to exceed $30,000 from the Official Expenses Allowance to supplement the basic Clerk-Hire Allowance, provided however that monthly Clerk-Hire disbursements may not exceed 10 percent of the basic Clerk-Hire Allowance.

All disbursements and allocations shall be made in accordance with rules and regulations established by the Committee on House Administration.

Resolved, That effective January 3, 1984, until otherwise provided by the Committee on House Administration, the Allowance for Official Expenses is adjusted as follows:

(1) The Travel Allowance is increased to reflect a cost per mile variable ranging from $.23 to $.39, with a minimum of $6,200.

Expenditures of these funds shall be made in accordance with rules and regulations established by the Committee on House Administration.

Resolved, That effective October 1, 1985, until otherwise provided by order of the Committee on House Administration, each Member is entitled to three FTS lines for use in district office(s) without charge to the official expenses allowance.

Resolved, That effective August 1, 1985, until otherwise provided by the Committee on House Administration, the Clerk-Hire Allowance and the Official Expenses Allowance are adjusted as follows:

Each session a member may allocate not to exceed $40,000 from the basic Clerk-Hire Allowance which may be used to supplement the Official Expenses Allowance, and may allocate not to exceed $40,000 from the Official Expenses Allowance to supplement the basic Clerk-Hire Allowance, provided however that monthly Clerk-Hire disbursements may not exceed 10% of the basic Clerk-Hire Allowance.

All disbursements and allocations shall be made in accordance with rules and regulations established by the Committee on House Administration.

Resolved, that effective March 15, 1990, until otherwise provided by the Committee on House Administration, the Clerk-Hire Allowance and the Official Expenses Allowance are adjusted as follows:

Each session a Member may allocate not to exceed $50,000 from the basic Clerk-Hire Allowance which may be used to supplement the Official Expenses Allowance, and may allocate not to exceed $50,000 from the Official Expenses Allowance to supplement the basic Clerk-Hire Allowance, provided however that monthly Clerk-Hire disbursements may not exceed 10% of the basic Clerk-Hire Allowance.

All disbursements and allocations shall be made in accordance with rules and regulations established by the Committee on House Administration.

Resolved, That effective May 8, 1991, until otherwise provided by the Committee on House Administration, the Clerk-Hire Allowance and the Official Expenses Allowance are adjusted as follows: Each session a Member may allocate not to exceed $75,000 from the basic Clerk-Hire Allowance which may be used to supplement the Official Expenses Allowance, and may allocate not to exceed $75,000 from the Official Expenses Allowance to supplement the basic Clerk-Hire Allowance, provided however that monthly Clerk Hire disbursements may not exceed 10 percent of the basic Clerk-Hire Allowance.

All disbursements and allocations shall be made in accordance with rules and regulations established by the Committee on House Administration.

Resolved, That (a) effective September 1, 1995, and subject to subsection (b), the Clerk Hire Allowance, the Official Expenses Allowance, and the Official Mail Allowance shall cease to exist and the functions formerly carried out under such allowances shall be carried out under a single allowance, to be known as the “Members’ Representational Allowance”.

(b) Under the Members’ Representational Allowance, the amount that shall be available to a Member for franked mail with respect to a session of Congress shall be the amount allocated for that purpose by the Committee on House Oversight under paragraphs (1)(A) and (2)(B) of subsection (e) of section 311 of the Legislative Branch Appropriations Act, 1991 [2 U.S.C. 59e(e)(1)(A), (2)(B)], plus an amount equal to the amount permitted to be transferred to the former Official Mail Allowance under paragraph (3) of that subsection.

Authority of Committee on House Oversight of House of Representatives to combine House Clerk Hire Allowance, Official Expenses Allowance, and Official Mail Allowance into Members’ Representational Allowance, see section 57b of this title.

This section is referred to in section 57a of this title.

1 Rescinded. See Committee Order No. 12.

(a) Until otherwise provided by law, any allowance specified in subsection (a)(1) of the first section of H. Res. 457, Ninety-second Congress, relating to expenditures of funds from the contingent fund of the House of Representatives for certain allowances to Members, officers, and standing committees of the House (2 U.S.C. 57), adopted July 21, 1971, and enacted as permanent law by the Supplemental Appropriations Act, 1972 (Public Law 92–184; 85 Stat. 627), hereinafter in this section referred to as “H. Res. 457, Ninety-second Congress”, may be fixed or adjusted only through the adoption of a resolution by the House of Representatives, except that the Committee on House Administration may fix or adjust such allowance in any case in which such action by such committee is made necessary by—

(1) any change in the price of materials, services, or office space;

(2) any technological change or other improvement in electrical or mechanical equipment; or

(3) any increase in the cost of living which results in action under the Federal Pay Comparability Act of 1971.

(b) Upon the date of the adoption of this section, the authority of the Committee on House Administration under H. Res. 457, Ninety-second Congress, shall be subject to the provisions of this section.

(Pub. L. 94–440, title II, §101, Oct. 1, 1976, 90 Stat. 1448.)

Subsection (a)(1) of the first section of H. Res. 457, Ninety-second Congress, referred to in subsec. (a), is classified to section 57(a)(1) of this title.

The Federal Pay Comparability Act of 1971, referred to in subsec. (a)(3), probably means the Federal Pay Comparability Act of 1970, Pub. L. 91–656, Jan. 8, 1971, 84 Stat. 1946. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 5, Government Organization and Employees, and Tables.

Section is based on House Resolution No. 1372, Ninety-fourth Congress, July 1, 1976, which was enacted into permanent law by Pub. L. 94–440.

Committee on House Administration of House of Representatives treated as referring to Committee on House Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of this title.

Notwithstanding any other provision of law, effective September 1, 1995, the Committee on House Oversight of the House of Representatives shall have authority—

(1) to combine the House of Representatives Clerk Hire Allowance, Official Expenses Allowance, and Official Mail Allowance into a single allowance, to be known as the “Members’ Representational Allowance”; and

(2) to prescribe regulations relating to allocations, expenditures, and other matters with respect to the Members’ Representational Allowance.

(Pub. L. 104–53, title III, §314, Nov. 19, 1995, 109 Stat. 538.)

Section is from the Legislative Branch Appropriations Act, 1996.

For establishment of Members’ Representational Allowance, see Committee Order No. 41, set out as a note under section 57 of this title.

The contingent fund of the Senate is made available for payment (including reimbursement) to or on behalf of each Senator, upon certification of the Senator, for the following expenses incurred by the Senator and his staff:

(1) telecommunications equipment and services subject to such regulations as may be promulgated by the Committee on Rules and Administration of the Senate;

(2)(A) stationery and other office supplies procured for use for official business, and

(B) metered charges for use of copying equipment provided by the Sergeant at Arms and Doorkeeper of the Senate;

(3)[(A) Repealed. Pub. L. 101–520, title I, §11, Nov. 5, 1990, 104 Stat. 2260] (B) postage on, and fees and charges in connection with official mail matter sent through the mail other than the franking privilege upon certification by the Senate Sergeant at Arms and subject to such regulations as may be promulgated by the Committee on Rules and Administration, and (C) costs incurred in the preparation of required official reports, and the acquisition of mailing lists to be used for official purposes, and in the mailing, delivery, or transmitting of matters relating to official business;

(4) official office expenses incurred (other than for equipment and furniture and expenses described in paragraphs (1) through (3)) for an office in his home State;

(5) expenses incurred for publications printed or recorded in any way for auditory and visual use (including subscriptions to books, newspapers, magazines, clipping, and other information services);

(6) subject to the provisions of subsection (e) of this section, reimbursement of travel expenses incurred by the Senator and employees in his office;

(7) expenses incurred for additional office equipment and services related thereto (but not including personal services), in accordance with regulations promulgated by the Committee on Rules and Administration of the Senate;

(8) charges officially incurred for recording and photographic services and products; and

(9) such other official expenses as the Senator determines to be necessary.

Payment under this section shall be made only upon presentation of itemized vouchers for expenses incurred and, in the case of expenses paid or reimbursed under paragraphs (6) and (9), only upon presentation of detailed itemized vouchers for such expenses. Vouchers presented for payment under this section shall be accompanied by such documentation as is required under regulations promulgated by the Committee on Rules and Administration of the Senate. No payment shall be made under paragraph (4) or (9) for any expense incurred for entertainment or meals.

(1)(A) Except as is otherwise provided in the succeeding paragraphs of this subsection and subject to subparagraph (B) of this paragraph, the total amount of expenses authorized to be paid to or on behalf of a Senator under this section shall not exceed for calendar year 1977 or any calendar year thereafter an amount equal to one-half of the sum of the amounts authorized to be paid under this section on the day before August 5, 1977, to or on behalf of both of the Senators from the State which he represents, increased by an amount equal to twenty percent thereof and rounded to the next higher multiple of $1,000.

(B) In the event that the term of office of a Senator begins after the first month of any such calendar year or ends (except by reason of death, resignation, or expulsion) before the last month of any such calendar year, the aggregate amount available to such Senator for such year shall be the aggregate amount computed under paragraph (1) of this subsection, divided by 12, and multiplied by the number of months in such year which are included in the Senator's term of office, counting any fraction of a month as a full month.

(2)(A) In the case of the period which commences January 1, 1988, and ends September 30, 1988, the total of—

(i) the expenses paid to or on behalf of a Senator under this section for such period, plus

(ii) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such period (as determined for purposes of section 61–1(d) of this title),

shall not exceed the aggregate of—

(iii) subject to subparagraph (B), an amount equal to 75 percent of the amount of the authorized expenses under this section for the calendar year ending December 31, 1987, as determined in the case of a Senator, who represents the State which such Senator represents, whose term of office included all of such calendar year, plus

(iv) the amount by which (I) the aggregate of the gross compensation which may be paid to employees in the office of such Senator for the fiscal year ending September 30, 1988, pursuant to the limitations imposed by section 61–1(d) of this title (as determined without regard to paragraph (1)(B) thereof), exceeds (II) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for that part of such fiscal year which precedes January 1, 1988.

(B) In the event that the term of office of a Senator begins after the first month of the period which commences January 1, 1988, and ends September 30, 1988, or ends (except by reason of death, resignation, or expulsion) before the last month of such period, the amount computed pursuant to subparagraph (A)(iii) of this paragraph (but before application of this subparagraph) shall be recalculated as follows: such amount, as computed under subparagraph (A)(iii) of this paragraph, shall be divided by 9, and multiplied by the number of months in such period which are included in the Senator's term of office, counting any fraction of a month as a full month.

(3)(A) In the case of the fiscal year beginning October 1, 1988, or any fiscal year thereafter, the total of—

(i) the expenses paid to or on behalf of a Senator under this section for such fiscal year, plus

(ii) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such fiscal year (as determined for purposes of section 61–1(d) of this title),

shall not exceed the aggregate of—

(iii) subject to subparagraph (B), in case the Senator represents Alabama, $68,000, Alaska, $176,000, Arizona, $81,000, Arkansas, $70,000, California, $122,000, Colorado, $76,000, Connecticut, $57,000, Delaware, $47,000, Florida, $72,000, Georgia, $68,000, Hawaii, $200,000, Idaho, $80,000, Illinois, $91,000, Indiana, $68,000, Iowa, $71,000, Kansas, $71,000, Kentucky, $67,000, Louisiana, $72,000, Maine, $62,000, Maryland, $52,000, Massachusetts, $66,000, Michigan, $76,000, Minnesota, $72,000, Mississippi, $70,000, Missouri, $73,000, Montana, $80,000, Nebraska, $72,000, Nevada, $82,000, New Hampshire, $58,000, New Jersey, $62,000, New Mexico, $77,000, New York, $98,000, North Carolina, $64,000, North Dakota, $71,000, Ohio, $82,000, Oklahoma, $75,000, Oregon, $85,000, Pennsylvania, $81,000, Rhode Island, $56,000, South Carolina, $62,000, South Dakota, $72,000, Tennessee, $68,000, Texas, $102,000, Utah, $80,000, Vermont, $57,000, Virginia, $58,000, Washington, $88,000, West Virginia, $57,000, Wisconsin, $71,000, Wyoming, $75,000, plus

(iv) the aggregate of the gross compensation which may be paid to employees in the office of such Senator for such fiscal year, under the limitations imposed by section 61–1(d) of this title, but without regard to the provisions of paragraph (1)(C)(iv) thereof.

(B) In the event that the term of office of a Senator begins after the first month of any such fiscal year or ends (except by reason of death, resignation, or expulsion) before the last month of any such fiscal year, the amount referred to in subparagraph (A)(iii) shall be recalculated as follows: such amount, as computed under subparagraph (iii), shall be divided by 12, and multiplied by the number of months in such year which are included in the Senator's term of office, counting any fraction of a month as a full month.

Subject to and in accordance with regulations promulgated by the Committee on Rules and Administration of the Senate, a Senator and the employees in his office shall be reimbursed under this section for travel expenses incurred by the Senator or employee while traveling on official business within the United States. The term “travel expenses” includes actual transportation expenses, essential travel-related expenses, and, where applicable, per diem expenses (but not in excess of actual expenses). A Senator or an employee of the Senator shall not be reimbursed for any travel expenses (other than actual transportation expenses) for any travel occurring during the sixty days immediately before the date of any primary or general election (whether regular, special, or runoff) in which the Senator is a candidate for public office (within the meaning of section 431(b) 1 of this title, unless his candidacy in such election is uncontested. For purposes of this subsection and subsection (a)(6) of this section, an employee in the Office of the President pro tempore, Deputy President pro tempore, Majority Leader, Minority Leader, Majority Whip, Minority Whip, Secretary of the Conference of the Majority, or Secretary of the Conference of the Minority shall be considered to be an employee in the office of the Senator holding such office.

In the case of the death of any Senator, the chairman of the Committee on Rules and Administration may certify for such deceased Senator for any portion of such sum already obligated but not certified to at the time of such Senator's death, and for any additional amount which may be reasonably needed for the purpose of closing such deceased Senator's State offices, for payment to the person or persons designated as entitled to such payment by such chairman.

For purposes of subsections (a) and (e) of this section, an individual who is selected by a Senator to serve on a panel or other body to make recommendations for nominees to one or more Federal judgeships or to one or more service academies or one or more positions of United States Attorney or United States Marshal shall be considered to be an employee in the office of that Senator with respect to travel and official expenses incurred in performing duties as a member of such panel or other body, and shall be reimbursed (A) for actual transportation expenses and per diem expenses (but not exceeding actual travel expenses) incurred while traveling in performing such duties within the Senator's home State or between that State and Washington, District of Columbia, and each of the service academies, (B) for official expenses incurred in performing such duties. For purposes of this subsection and subsection (a) of this section, “official expenses” means expenses of the type for which reimbursement may be made to an employee in the office of a Senator when traveling on business of a committee of which that Senator is a member, and, for accounting purposes, such expenses shall be treated as expenses for which reimbursement may be made under subsection (a)(4) of this section.

Whenever a Senator or an employee in his office has incurred an expense for which reimbursement may be made under this section, the Secretary of the Senate is authorized to make payment to that Senator or employee for the expense incurred, subject to the same terms and conditions as apply to reimbursement of the expense under this section.

Whenever a Senator or employee of his office plans an official business trip with respect to which reimbursement for travel expenses is authorized under the preceding provisions of section (a), the Senator (or such an employee who has been designated by the Senator to do so) may, prior to the commencement of such trip and in accordance with applicable regulations of the Senate Committee on Rules and Administration, obtain from any moneys in the contingent fund of the Senate which are available to him for purposes specified in subsection (a)(6) of this section, such advance sum as he shall certify (and be accountable for), to the Secretary of the Senate, to be necessary to defray some or all of the expenses to be incurred on such trip which expenses are reimbursable under the preceding provisions of this section. The receipt by any Senator for any sum so advanced to him or his order out of the contingent fund of the Senate by the Secretary of the Senate shall be taken and passed by the accounting officers of the Government as a full and sufficient voucher; but it shall be the duty of such Senator (or employee of his office, as the case may be), as soon as practicable, to furnish to the Secretary of the Senate a detailed voucher of the expenses incurred for the travel with respect to which the sum was so advanced, and make settlement with respect to such sum.

(Pub. L. 92–607, ch. V, §506(a)–(j), Oct. 31, 1972, 86 Stat. 1505–1507; Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93–371, §3(e), Aug. 13, 1974, 88 Stat. 429; Pub. L. 94–59, title I, §103, July 25, 1975, 89 Stat. 274; Pub. L. 95–94, title I, §112(a)–(c), Aug. 5, 1977, 91 Stat. 663, 664; Pub. L. 95–240, title II, §208, Mar. 7, 1978, 92 Stat. 117; Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773; Pub. L. 96–304, title I, §§101, 102(a), 103, 104, July 8, 1980, 94 Stat. 889; Pub. L. 97–19, July 6, 1981, 95 Stat. 103; Pub. L. 97–51, §122, Oct. 1, 1981, 95 Stat. 965; Pub. L. 97–257, title I, §104(a), Sept. 10, 1982, 96 Stat. 849; Pub. L. 97–276, Oct. 2, 1982, §101(e), 96 Stat. 1189; Pub. L. 98–51, title I, §102, July 14, 1983, 97 Stat. 266; Pub. L. 98–181, title I, §1204(a), Nov. 30, 1983, 97 Stat. 1290; Pub. L. 99–65, §1(a), July 12, 1985, 99 Stat. 163; Pub. L. 100–137, §1(b), Oct. 21, 1987, 101 Stat. 815; Pub. L. 100–458, title I, §§8(a), 13, 14(a), Oct. 1, 1988, 102 Stat. 2162, 2163; Pub. L. 101–163, title I, §5(a), Nov. 21, 1989, 103 Stat. 1045; Pub. L. 101–520, title I, §§4(c), 8, 9(a), 11, title III, §311(h)(2), Nov. 5, 1990, 104 Stat. 2258–2260, 2280; Pub. L. 102–90, title I, §7(a), Aug. 14, 1991, 105 Stat. 451.)

Section consists of subsecs. (a) to (j) of section 506 of Pub. L. 92–607, as amended. Original subsecs. (h) and (i) which made certain amendments and repeals to sections of this title that contained the provisions now covered by this section, and subsec. (j) which amended earlier appropriations not classified to the Code, were redesignated as subsecs. (i) to (k) by Pub. L. 95–391, title I, §108(a), Sept. 30, 1978, 92 Stat. 773, further redesignated as subsecs. (j) to (*l*) by Pub. L. 96–304, title I, §101, July 8, 1980, 94 Stat. 889, and subsequently redesignated as subsecs. (k) to (m) by Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189.

Subsec. (f) related to a reduction of allowances for fiscal year 1973.

The 1982 amendments by Pub. L. 97–276 are based on sections 103 and 106(a) of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, as incorporated by reference in section 101(e) of Pub. L. 97–276, to be effective as if enacted into law.

1991—Subsec. (a). Pub. L. 102–90, §7(a)(1), (3)–(5), substituted “payment (including reimbursement)” for “payment” in introductory provisions, substituted “Payment” for “Reimbursement to a Senator and his employees” and “paid or reimbursed” for “reimbursed” in second sentence, and substituted “payment” for “reimbursement” in last sentence.

Subsec. (a)(3) to (5), (7) to (9). Pub. L. 102–90, §7(a)(2), struck out “reimbursement to each Senator for” at beginning of pars. (3), (4), and (7) to (9) and in par. (5) direction to strike such language was executed by striking out “reimbursements to each Senator for” to reflect the probable intent of Congress.

1990—Subsec. (a)(2). Pub. L. 101–520, §4(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “stationery and other office supplies procured for use for official business;”.

Subsec. (a)(3). Pub. L. 101–520, §311(h)(2), which directed that par. (3) be amended by striking out “postage on,” and all that follows through “Senate, and”, could not be executed because those words do not appear in par. (3) as amended generally by Pub. L. 101–163 which in part restated provisions directed to be stricken by Pub. L. 101–520, §311(h)(2), as subpar. (A). See 1990 and 1989 Amendment notes below.

Pub. L. 101–520, §11, struck out subpar. (A) which read as follows: “postage on, and fees and charges in connection with, mail matter sent through the mail under the franking privilege in excess of amounts provided from the appropriation for official mail costs, upon certification by the Senate Sergeant at Arms and subject to such regulations as may be promulgated by the Committee on Rules and Administration,”.

Subsec. (b)(3)(A)(iii). Pub. L. 101–520, §8, amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “subject to subparagraph (B), in case the Senator represents Alabama, $53,000, Alaska, $137,000, Arizona, $63,000, Arkansas, $54,000, California, $95,000, Colorado, $59,000, Connecticut, $44,000, Delaware, $36,000, Florida, $56,000, Georgia, $53,000, Hawaii, $156,000, Idaho, $62,000, Illinois, $71,000, Indiana, $53,000, Iowa, $55,000, Kansas, $55,000, Kentucky, $52,000, Louisiana, $56,000, Maine, $48,000, Maryland, $40,000, Massachusetts, $51,000, Michigan, $59,000, Minnesota, $56,000, Mississippi, $54,000, Missouri, $57,000, Montana, $62,000, Nebraska, $56,000, Nevada, $64,000, New Hampshire, $45,000, New Jersey, $48,000, New Mexico, $60,000, New York, $76,000, North Carolina, $50,000, North Dakota, $55,000, Ohio, $64,000, Oklahoma, $58,000, Oregon, $66,000, Pennsylvania, $63,000, Rhode Island, $43,000, South Carolina, $48,000, South Dakota, $56,000, Tennessee, $53,000, Texas, $79,000, Utah, $62,000, Vermont, $44,000, Virginia, $45,000, Washington, $68,000, West Virginia $44,000, Wisconsin, $55,000, Wyoming, $58,000, plus”.

Subsec. (h). Pub. L. 101–520, §9(a), inserted “or one or more positions of United States Attorney or United States Marshal” after “one or more service academies”.

1989—Subsec. (a)(3). Pub. L. 101–163 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “postage on, and fees and charges in connection with, mail matter sent through the mail under the franking privilege in excess of amounts provided from the appropriation for official mail costs, upon certification by the Senate Sergeant at Arms and subject to such regulations as may be promulgated by the Committee on Rules and Administration of the Senate, and reimbursement to each Senator for costs incurred in the preparation of required official reports, and the acquisition of mailing lists to be used for official purposes, and in the mailing, delivery, or transmitting of matters relating to official business;”.

1988—Subsec. (a)(3). Pub. L. 100–458, §13, inserted “postage on, and fees and charges in connection with, mail matter sent through the mail under the franking privilege in excess of amounts provided from the appropriation for official mail costs, upon certification by the Senate Sergeant at Arms and subject to such regulations as may be promulgated by the Committee on Rules and Administration of the Senate, and” before “reimbursement”.

Subsec. (a)(9). Pub. L. 100–458, §§8(a), 14(a), made identical amendments, striking out “, but only (A) in the case of expenses for the period commencing January 1, 1988, and ending with the close of September 30, 1988, to the extent that such expenses do not exceed ten percent of the total amount of expenses authorized to be paid to or on behalf of such Senator under this section (excluding any amount so authorized by subsection (b)(2)(A)(iv) of this section), and (B) in the case of expenditures for periods commencing on or after October 1, 1988, to the extent such expenses do not exceed ten percent of the total amount of expenses authorized to be paid to or on behalf of such Senator under this section (excluding any amount so authorized by subsection (b)(3)(A)(iv) of this section for the fiscal year involved)” after “necessary”.

1987—Subsec. (a). Pub. L. 100–137, §1(b)(1), amended subsec. (a) generally, substituting provisions authorizing payments from the Senate contingent fund for former provisions authorizing such payments.

Subsec. (b). Pub. L. 100–137, §1(b)(2), designated existing provisions of par. (1) as subpar. (A) of par. (1), substituted “Except as is otherwise provided in the succeeding paragraphs of this subsection and subject to subparagraph (B) of this paragraph,” for “Except as otherwise provided in paragraph (2) of this subsection,”, added pars. (2) and (3), and redesignated former par. (2) as subpar. (B) of par. (1).

Subsec. (e). Pub. L. 100–137, §1(b)(4), amended subsection (e) generally, substituting provisions relating to reimbursement for travel expenses incurred by Senators and employees for former provisions relating to reimbursement of those expenses.

Subsec. (h). Pub. L. 100–137, §1(b)(3), struck out “(1)” after “(h)”, substituted “(a)(4)” for “(a)(5)”, and struck out par. (2) which read as follows: “The amount of official expenses incurred by individuals selected by a Senator for which reimbursement may be made under this subsection shall not exceed $500 each calendar year, and the total amount of expenses incurred by such individuals for which reimbursement may be made under this subsection shall not exceed $3,000 each calendar year.”

Subsec. (j). Pub. L. 100–137, §1(b)(5), substituted “(a)(6)” for “(a)(8)”.

1985—Subsec. (a)(6). Pub. L. 99–65 amended par. (6) generally, substituting “for telephone service charges officially incurred outside Washington, District of Columbia, which are based on the amount of time the service is used” for “reimbursement to each Senator for telephone service charges officially incurred outside Washington, District of Columbia”.

1983—Subsec. (e). Pub. L. 98–181 inserted references to Secretary of Conference of Majority and Secretary of Conference of Minority.

Pub. L. 98–51 inserted provisions authorizing reimbursement for essential travel-related expenses and defined those expenses for purposes of this subsection.

1982—Subsec. (b)(1). Pub. L. 97–276 substituted “equal to twenty percent thereof” for “equal to ten percent thereof”. See Codification note above.

Subsec. (b)(2). Pub. L. 97–257 substituted “(2) In the event that the term of office of a Senator begins after the first month of any such calendar year or ends (except by reason of death, resignation, or expulsion) before the last month of any such calendar year, the aggregate amount available to such Senator for such year shall be the aggregate amount computed under paragraph (1) of this subsection, divided by 12, and multiplied by the number of months in such year which are included in the Senator's term of office, counting any fraction of a month as a full month.” for “(2) In any such calendar year in which a Senator does not hold the office of Senator at least part of each month of that year, the aggregate amount available to the Senator shall be the aggregate amount, computed under paragraph (1) of this subsection, divided by 12, and multiplied by the number of months the Senator holds such office during that year, counting any fraction of a month as a full month.”

Subsec. (j). Pub. L. 97–276 added subsec. (j). See Codification note above.

1981—Subsec. (a)(9). Pub. L. 97–19 inserted provisions which authorized reimbursement out of contingent fund of Senate to each Senator for expenses for additional office equipment.

Subsec. (c). Pub. L. 97–51 struck out subsec. (c) which provided that aggregate of payments made to or on behalf of a Senator under this section not exceed at any time during each calendar year one-twelfth of the amount computed under subsection (b)(1) of this section multiplied by the number of months (counting a fraction of a month as a month) elapsing from the first month in that calendar year in which the Senator held the office of Senator through the date of payment.

1980—Subsec. (a)(3). Pub. L. 96–304, §103, substituted “costs incurred in the mailing or delivery of” for “air mail and special delivery postage for expenses incurred in the mailing of postal”.

Subsec. (e). Pub. L. 96–304, §102(a), substituted “prescribed by the Committee on Rules and Administration” for “in effect under section 5702 of title 5 for employees of agencies”.

Subsec. (h)(1). Pub. L. 96–304, §104, substituted “to an employee in the office of a Senator when traveling on business of a committee of which that Senator is a member” for “under subsection (a)(9) when such expenses are incurred by or on behalf of a Senator”.

Subsec. (i). Pub. L. 96–304, §101, added subsec. (i).

1978—Subsec. (e). Pub. L. 95–240 inserted reference to President pro tempore and Deputy President pro tempore.

Subsec. (h). Pub. L. 95–391 added subsec. (h).

1977—Subsec. (a). Pub. L. 95–94, §112(a), in par. (1) struck out provision requiring authorization by the Committee on Rules and Administration in the manner prescribed by such Committee, in par. (7) struck out “and” at end thereof, in par. (8) substituted provisions requiring reimbursement of travel expenses incurred by the Senator and employees in his office subject to the provisions of subsec. (e) of this section, for provisions authorizing reimbursement of actual travel expenses incurred by the Senator in travel-on official business between Washington, D.C. and the State he represents and within such State, and travel expenses incurred by employees in the Senator's office subject to the provisions of subsec. (e) of this section, added par. (9), and in text following par. (9) inserted provisions relating to reimbursement of expenses incurred under par. (9).

Subsec. (b)(1). Pub. L. 95–94, §112(b), substituted provisions setting forth criteria for determination of total amount of expenses authorized to be paid to or on behalf of a Senator under this section for calendar year 1977 or any calendar year thereafter, for provisions setting forth criteria for determination of total amount of expenses authorized to be paid to or on behalf of a Senator under this section for calendar year 1973 or any calendar year thereafter.

Subsec. (e). Pub. L. 95–94, §112(c), substituted provisions setting forth prerequisites, conditions, and amounts of reimbursement for actual transportation expenses and per diem expenses, but not exceeding actual travel expenses, incurred by a Senator or employee in his office while traveling on official business within the United States, for provisions setting forth prerequisites, conditions, and amounts of reimbursement for per diem and actual transportation expenses incurred, or actual travel expenses incurred, by an employee in a Senator's office, including employees authorized by Senate Resolution 60, 94th Congress, and former section 72a–1c of this title, for round trips made by the employee on official business by the nearest usual route between Washington, D.C. and the home State of the Senator involved, and in traveling within the State.

1975—Subsec. (a)(8). Pub. L. 94–59, §103(1), substituted “travel expenses incurred by employees” for “actual transportation expenses incurred by employees”.

Subsec. (e). Pub. L. 94–59, §103(2), inserted new administrative provisions covering the payment of travel expenses of employees in Senators’ offices for round trips between Washington, D.C., and the Senators’ home States, inserted references to Senate Resolution 60, 94th Congress, agreed to June 12, 1975, and to sections 68b and 72a–1c of this title, and inserted limiting provisions prohibiting reimbursement for travel during the 60-day period immediately preceding any election in which the Senator is a candidate.

1974—Subsec. (a)(4). Pub. L. 93–371 struck out par. (4) which related to rental charges for office space at not more than three places designated by the Senator in the State he represents. See section 59 of this title.

Subsec. (c). Pub. L. 93–371 struck out provisions setting forth the maximum allowable amount for rental payments for office space occupied by the Senator in State he represents. See section 59 of this title.

Subsec. (d). Pub. L. 93–371 struck out subsec. (d) which authorized the Sergeant at Arms to secure for each Senator home State office space at not more than three places designated by the Senator in such home State. See section 59 of this title.

1973—Subsec. (a)(7). Pub. L. 93–145 inserted “newspapers,” after “subscriptions to”.

Section 7(c) of Pub. L. 102–90 provided that: “The amendments made by subsections (a) and (b) [amending this section and section 59 of this title] shall take effect October 1, 1991.”

Section 4(d) of Pub. L. 101–520 provided that: “The provisions of subsections (a) and (b) [enacting section 58a–4 of this title], and the amendment made by subsection (c) [amending this section] shall take effect on October 1, 1990.”

Section 8 of Pub. L. 101–520 provided that the amendment made by that section is effective in the case of any fiscal year which begins on or after October 1, 1990.

Section 9(b) of Pub. L. 101–520 provided that: “The amendment made by subsection (a) [amending this section] shall be effective in the case of expenses incurred after September 30, 1989.”

Amendment by section 311(h)(2) of Pub. L. 101–520 applicable with respect to sessions of Congress beginning with the first session of the One Hundred Second Congress, see section 59e(i) of this title.

Sections 8(b) and 14(b) of Pub. L. 100–458 provided that: “The amendment made by subsection (a) [amending this section] shall be effective only in the case of expenses incurred on or after October 1, 1988.”

Section 1(b)(1)–(5) of Pub. L. 100–137 provided that the amendments made by that section are effective Jan. 1, 1988.

Section 2 of Pub. L. 99–65 provided that: “The amendments made by this Act [amending this section and section 58a of this title] shall take effect on the first day of the first calendar month which begins more than sixty days after the date of enactment of this Act [July 12, 1985].”

Section 1204(b) of Pub. L. 98–181 provided that: “The amendment made by subsection (a) [amending this section] shall be effective in the case of expenses incurred or charges imposed on or after October 1, 1983.”

Section 103(b) of S. 2939, as reported Sept. 22, 1982, and enacted into permanent law by section 101(e) of Pub. L. 97–276 provided that: “The amendment made by subsection (a) [amending this section] shall be effective with respect to calendar years after the calendar year 1982.”

Section 106(b) of S. 2939, as reported Sept. 22, 1982, and enacted into permanent law by section 101(e) of Pub. L. 97–276 provided that: “The amendments made by subsection (a) of this section [amending this section] shall take effect January 1, 1983.”

Section 104(b) of Pub. L. 97–257 provided that: “The amendment made by subsection (a) of this section [amending this section] shall be effective on and after January 1, 1982.”

Section 122 of Pub. L. 97–51 provided that the amendment made by that section is effective Jan. 1, 1982.

Section 101 of Pub. L. 96–304 provided that the amendment made by that section is effective Oct. 1, 1979.

Section 103 of Pub. L. 96–304 provided that the amendment made by that section is effective Feb. 1, 1980.

Section 104 of Pub. L. 96–304 provided that the amendment made by that section is effective Jan. 1, 1980.

Section 108(b) of Pub. L. 95–391 provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1978.”

Section 208 of Pub. L. 95–240 provided that the amendment made by that section is effective Aug. 5, 1977.

Section 112(f) of Pub. L. 95–94 provided that: “The amendments made by subsections (a), (c), (d), and (e) [amending this section and sections 59 and 68b of this title] shall take effect on the date of the enactment of this Act [Aug. 5, 1977]. The amendment made by subsection (b) [amending this section] shall take effect as of January 1, 1977.”

Amendment by Pub. L. 93–371 effective on and after July 1, 1974, see section 59(g) of this title.

Section 101 of Pub. L. 93–145 provided that the amendment made by that section is effective Jan. 1, 1973.

For provisions increasing each of the figures contained in subsec. (b)(3)(A)(iii) of this section by $50,000 effective Oct. 1, 1994, see section 5 of Pub. L. 103–283, set out as a Mass Mailings by Senators note under section 3210 of Title 39, Postal Service.

Pub. L. 103–69, title I, §2, Aug. 11, 1993, 107 Stat. 695, provided that: “Effective on and after October 1, 1993, the aggregate of each of the sums determined under clauses (iii) and (iv) of section 506(b)(3)(A) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(b)(3)(A)(iii) and (iv)), shall be deemed decreased by 2.5 percent.”

Section 5(b) of Pub. L. 101–163 provided that: “Receipts paid to the Sergeant at Arms from sales of postage on, and fees and charges in connection with mail matter sent through the mail by Senators, Senate committees, or other Senate offices (including joint committees and commissions funded from the contingent fund of the Senate), other than under the franking privilege, as cash or check payments directly from such Senators, committees, or offices, or as reimbursement from the Financial Clerk of the Senate pursuant to certification by the Sergeant at Arms of charges to be made to such funds available to such Senators, committees, or offices for such postage, fees and charges shall be used by the Sergeant at Arms for payment to the United States Postal Service for such postage, fees, and charges.”

This section is referred to in sections 43d, 61–1, 68b of this title.

1 So in original. Probably should be section “431(2)”.

The Sergeant at Arms and Doorkeeper of the Senate shall furnish each Senator local and long-distance telecommunications services in Washington, District of Columbia, and in such Senator's State in accordance with regulations prescribed by the Senate Committee on Rules and Administration; and the costs of such service shall be paid out of the contingent fund of the Senate from moneys made available to him for that purpose.

(Pub. L. 98–181, title I, §1205(a), Nov. 30, 1983, 97 Stat. 1290; Pub. L. 99–65, §1(b), July 12, 1985, 99 Stat. 163; Pub. L. 99–439, Oct. 2, 1986, 100 Stat. 1085.)

Section is from the Supplemental Appropriations Act, 1984.

A prior section 58a, Pub. L. 95–94, title I, §112(g), Aug. 5, 1977, 91 Stat. 665, directed Sergeant at Arms and Doorkeeper of Senate to furnish not more than two WATS lines to any Senator requesting them, with the cost of such service to be paid out of contingent fund of Senate, prior to repeal by section 1205(b) of Pub. L. 98–181, effective first day of first calendar month which begins more than thirty days after Nov. 30, 1983.

1986—Pub. L. 99–439 struck out “(except services for which the charge is based on the amount of time the service is used)” after “Senator's State”.

1985—Pub. L. 99–65 inserted “and in such Senator's State (except services for which the charge is based on the amount of time the service is used)”.

Amendment by Pub. L. 99–65 effective on first day of first calendar month beginning more than 60 days after July 12, 1985, see section 2 of Pub. L. 99–65, set out as a note under section 58 of this title.

Pub. L. 104–53, title I, §5, Nov. 19, 1995, 109 Stat. 517, provided that:

“(a) Any payment for local and long distance telecommunications service provided to any user by the Sergeant at Arms and Doorkeeper of the Senate shall cover the total invoiced amount, including any amount relating to separately identified toll calls, and shall be charged to the appropriation for the fiscal year in which the underlying base service period covered by the invoice ends.

“(b) As used in subsection (a), the term ‘user’ means any Senator, Officer of the Senate, Committee, office, or entity provided telephone equipment and services by the Sergeant at Arms and Doorkeeper of the Senate.”

As used in sections 58a–1 to 58a–3 of this title, the term—

(1) “Sergeant at Arms” means the Sergeant at Arms and Doorkeeper of the United States Senate; and

(2) “user” means any Senator, Officer of the Senate, Committee, office, or entity provided telephone equipment and services by the Sergeant at Arms.

(Pub. L. 100–123, §1, Oct. 5, 1987, 101 Stat. 794.)

Section 4 of Pub. L. 100–123 provided that: “This Act [enacting this section and sections 58a–2 and 58a–3 of this title] shall take effect on October 1, 1987.”

This section is referred to in sections 58a–2, 58a–3 of this title.

Subject to such regulations as may hereafter be issued by the Committee on Rules and Administration of the Senate, the Sergeant at Arms shall have the authority, with respect to telephone equipment and services provided to any user on a reimbursable basis (including repair or replacement), solely for the purposes of this section, to make such certification as may be necessary to establish such services and equipment as official, issue invoices in conjunction therewith, and receive payment for such services and equipment by certification, voucher, or otherwise.

For purposes of sections 58a–1 to 58a–3 of this title, telephone equipment and services provided to any user for which payment, prior to October 1, 1987, was not authorized from the contingent fund of the Senate shall, on and after October 1, 1987, be considered telephone equipment and services provided on a reimbursable basis for which payment may be obtained from such fund in accordance with subsection (a) of this section.

Subject to the approval of the Committee on Rules and Administration, the Sergeant at Arms may establish reasonable charges for telephone equipment and services provided to any user which may be in addition to that regularly authorized by the Committee.

All moneys, derived from payments for telephone equipment and services provided from funds from the Appropriation Account within the contingent fund of the Senate for “Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate” under the line item for Telecommunications (including receipts from carriers and others for loss or damage to such services or equipment for which repair or replacement has been provided by the Sergeant at Arms), and all other moneys received by the Sergeant at Arms as charges or commissions for telephone services, shall be deposited in and made a part of such Appropriation Account and under such line item, and shall be available for expenditure or obligation, or both, in like manner and subject to the same limitations as any other moneys in such account and under such line item.

Nothing in sections 58a–1 to 58a–3 of this title shall be construed as limiting or otherwise affecting the authority of the Committee on Rules and Administration of the Senate to classify or reclassify telephone equipment and services provided to any user as equipment or services for which reimbursement may or may not be required.

(Pub. L. 100–123, §2, Oct. 5, 1987, 101 Stat. 794; Pub. L. 101–163, title I, §3, Nov. 21, 1989, 103 Stat. 1044.)

1989—Subsec. (d). Pub. L. 101–163 inserted “and all other moneys received by the Sergeant at Arms as charges or commissions for telephone services,” after “by the Sergeant at Arms),”.

Section effective Oct. 1, 1987, see section 4 of Pub. L. 100–123, set out as a note under section 58a–1 of this title.

This section is referred to in sections 58a–1, 58a–3 of this title.

The Sergeant at Arms shall report to the Committee on Rules and Administration of the Senate, at such time or times, and in such form and manner, as the Committee may direct, on expenditures made, and revenues received, pursuant to sections 58a–1 to 58a–3 of this title. It shall be the function of the Sergeant at Arms to advise the Committee, as soon as possible, of any dispute regarding payments to and from such Appropriation Account as related to the line item for Telecommunications, including any amounts due and unpaid by any user, if any such dispute has remained unresolved for a period of at least 60 days.

(Pub. L. 100–123, §3, Oct. 5, 1987, 101 Stat. 795.)

Section effective Oct. 1, 1987, see section 4 of Pub. L. 100–123, set out as a note under section 58a–1 of this title.

This section is referred to in sections 58a–1, 58a–2 of this title.

(a) As used in this section, the term—

(1) “Sergeant at Arms” means the Sergeant at Arms and Doorkeeper of the United States Senate; and

(2) “user” means any Senator, Officer of the Senate, Committee, office, or entity provided copiers by the Sergeant at Arms.

(b)(1) Subject to such regulations as may on and after November 5, 1990, be issued by the Committee on Rules and Administration of the Senate, the Sergeant at Arms shall have the authority, with respect to metered charges on copying equipment provided by the Sergeant at Arms, solely for the purposes of this section, to make such certification as may be necessary to establish such services and equipment as official, issue invoices in conjunction therewith, and receive payment for such services and equipment by certification, voucher, or otherwise.

(2) All moneys, derived from the payment of metered charges on copying equipment provided from funds from the Appropriation Account within the contingent fund of the Senate for “Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate” under the line item for the Service Department, shall be deposited in and made a part of such Appropriation Account and under such line item, and shall be available for expenditure or obligation, or both, in like manner and subject to the same limitations as any other moneys in such account and under such line item.

(Pub. L. 101–520, title I, §4(a), (b), Nov. 5, 1990, 104 Stat. 2257.)

This section, referred to in text, means section 4 of Pub. L. 101–520, which enacted this section, amended section 58 of this title, and enacted provisions set out as a note under section 58 of this title.

Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991.

Section effective Oct. 1, 1990, see section 4(d) of Pub. L. 101–520, set out as an Effective Date of 1990 Amendment note under section 58 of this title.

Section, Pub. L. 97–12, title I, §110, June 5, 1981, 95 Stat. 62; Pub. L. 97–51, §125, Oct. 1, 1981, 95 Stat. 965; Pub. L. 98–367, title I, §11(a), July 17, 1984, 98 Stat. 476; Pub. L. 99–349, title I, §2(a), (b), July 2, 1986, 100 Stat. 741, 742, provided for transfer to a Senator's Official Office Expense Account of that Senator's clerk hire allowance funds remaining at end of fiscal year. See section 58c of this title.

Section 2 of Pub. L. 100–137 provided that the repeal is effective Jan. 1, 1988.

(1) Effective January 1, 1988, there shall be, within the contingent fund of the Senate, a separate appropriation account to be known as the “Senators’ Official Personnel and Office Expense Account” (hereinafter in this section referred to as the “Senators’ Account”).

(2) The Senators’ Account shall be used for the funding of all items, activities, and expenses which, immediately prior to January 1, 1988, were funded under either (A) the Senate appropriation account for “Administrative, Clerical, and Legislative Assistance Allowance to Senators” (hereinafter in this section referred to as the “Senators’ Clerk Hire Allowance Account”) under the headings “SENATE” and “Salaries, Officers and Employees”, or (B) that part of the account, within the contingent fund of the Senate, for “Miscellaneous Items” (hereinafter in this section referred to as the “Senators’ Official Office Expense Account”) which is available for allocation to Senatorial Official Office Expense Accounts. In addition, the Senators’ Account shall be used for the funding of agency contributions payable with respect to compensation payable by such account, but moneys appropriated to such account for this purpose shall not be available for any other purpose. The account, which in clause (A) of the first sentence of this paragraph is identified as the “Senators’ Clerk Hire Allowance Account” and the account, which in clause (B) of such sentence is identified as the “Senators’ Official Office Expense Account” shall, when referred to in other law, rule, regulation, or order (whether referred to by such name or any other) shall on and after January 1, 1988, be deemed to refer to the “Senators’ Official Personnel and Office Expense Account”.

(3)(A) Effective on January 1, 1988, there shall be transferred to the Senators’ Account from the Senators’ Clerk Hire Allowance Account all funds therein which were available for expenditure or obligation during the fiscal year ending September 30, 1988, and from the Senators’ Official Office Expense Account so much of the funds therein as was available for expenditure or obligation for the period commencing January 1, 1988, and ending September 30, 1988; except that the Senators’ Official Office Expense Account shall remain in being solely for the purpose of being available to pay for any authorized item, activity, or expense, for which funds therein had been obligated, but not paid, prior to such transfer.

(B) Any of the funds transferred to the Senators’ Account from the Senators’ Clerk Hire Allowance Account pursuant to subparagraph (A) which, prior to such transfer, had been obligated, but not expended, for any authorized item, activity, or expense, shall be available to pay for such item, activity, or expense in like manner as if such transfer had not been made.

(4) On January 1, 1988, there shall be transferred to the Senators’ Account, from the appropriation account for “Agency Contributions”, under the headings “SENATE” and “Salaries, Officers and Employees”, so much of the moneys in such account as was appropriated for the purpose of making agency contributions for administrative, clerical, and legislative assistance to Senators with respect to compensation payable for the period commencing January 1, 1988, and ending September 30, 1988; and the moneys so transferred shall be available only for the payment of such agency contributions with respect to such compensation.

(5) Vouchers shall not be required for the disbursement, from the Senators’ Account, of salaries of employees in the office of a Senator.

(Pub. L. 100–137, §1(a), Oct. 21, 1987, 101 Stat. 814.)

This section, referred to in pars. (1) and (2), means section 1 of Pub. L. 100–137, Oct. 21, 1987, 101 Stat. 814, which enacted this section, amended sections 58 and 61–1 of this title, and enacted provisions set out as notes under sections 58 and 61–1 of this title.

Each Member of the Senate may, subject to the approval of the Committee on Rules and Administration of the Senate, during the fiscal year ending September 30, 1991, and each fiscal year thereafter, at his or her election, transfer a sum not to exceed $100,000 of the amount allocated to such Member by the Senate Committee on Rules and Administration from the Senate Official Mail Costs account, within the contingent fund of the Senate, to the Senator's Official Personnel and Office Expense Account, within the contingent fund of the Senate. Any transfer of funds under authority of the preceding sentence shall be made at such time or times as such Member shall specify in writing to the Financial Clerk of the Senate. Any funds so transferred by the Member shall be available for the expenditure by such Member in a like manner and for the same purposes as are other moneys which are available for expenditure by such Member from the Senators’ Official Personnel and Office Expense Account.

(Pub. L. 101–520, title I, §12, Nov. 5, 1990, 104 Stat. 2260; Pub. L. 102–392, title III, §313, Oct. 6, 1992, 106 Stat. 1723; Pub. L. 103–69, title I, §3, Aug. 11, 1993, 107 Stat. 695.)

Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991.

1993—Pub. L. 103–69 struck out “the Committee on Appropriations of the Senate and” after “subject to the approval of”.

1992—Pub. L. 102–392 substituted “$100,000 of the amount allocated to such Member” for “the lesser of $100,000 or 50 percent of the amount allocated to such Member for mass mail”.

(1) The Sergeant at Arms of the Senate shall secure for each Senator office space suitable for the Senator's official use in places designated by the Senator in the State he represents. That space shall be secured in post offices or other Federal buildings at such places. In the event suitable office space is not available in post offices or other Federal buildings, the Sergeant at Arms shall secure other office space in those places.

(2) The Senator may lease, on behalf of the United States Senate, the office space so secured for a term not extending beyond the term of office which he is serving on the first day of such lease, except that, in the case of a Senator whose term of office is expiring and who has been elected for another term, such lease may extend until the end of the term for which he has been so elected. Each such lease shall contain a provision permitting its cancellation upon sixty days written notice by the Sergeant at Arms and Doorkeeper of the Senate, in the event of the death or resignation of the Senator. A copy of each such lease shall be furnished to the Sergeant at Arms. Nothing in this paragraph shall be construed to require the Sergeant at Arms to enter into or execute any lease for or on behalf of a Senator.

The aggregate square feet of office space secured for Senator shall not at any time exceed—

(1) 4,800 square feet if the population of his State is less than 2,000,000;

(2) 5,000 square feet if such population is 2,000,000 but less than 3,000,000;

(3) 5,200 square feet if such population is 3,000,000 but less than 4,000,000;

(4) 5,400 square feet if such population is 4,000,000 but less than 5,000,000;

(5) 5,800 square feet if such population is 5,000,000 but less than 7,000,000;

(6) 6,200 square feet if such population is 7,000,000 but less than 9,000,000;

(7) 6,400 square feet if such population is 9,000,000 but less than 10,000,000;

(8) 6,600 square feet if such population is 10,000,000 but less than 11,000,000;

(9) 6,800 square feet if such population is 11,000,000 but less than 12,000,000;

(10) 7,000 square feet if such population is 12,000,000 but less than 13,000,000;

(11) 7,400 square feet if such population is 13,000,000 but less than 15,000,000;

(12) 7,800 square feet if such population is 15,000,000 but less than 17,000,000; or

(13) 8,000 square feet if such population is 17,000,000 or more.

(1) The maximum annual rate that may be paid for the rental of an office secured for a Senator not in a post office or other Federal building shall not exceed the highest rate per square foot charged Federal agencies on the first day of the lease of such office by the Administrator of General Services, based upon a 100 percent building quality rating, for office space located in the place in which the Senator's office is located, multiplied by the number of square feet contained in that office used by the Senator and his employees to perform their duties.

(2) The aggregate amount that may be paid for the acquisition of furniture, equipment, and other office furnishings heretofore provided by the Administrator of General Services for one or more offices secured for the Senator is $30,000 if the aggregate square feet of office space is not in excess of 4,800 square feet. Such amount is increased by $734 for each authorized additional incremental increase in office space of 200 square feet.

(1) Notwithstanding subsection (b) of this section, the aggregate square feet of office space secured for a Senator who is a Senator on July 1, 1974, shall not at any time exceed, as long as he continuously serves as a Senator, the greater of—

(A) the applicable square footage limitation of such subsection; or

(B) the total square footage of those offices that the Senator has on such date and which are continuously maintained in the same buildings in which such offices were located on such date.

(2) The provisions of subsection (c) of this section do not apply to any office that a Senator has on July 1, 1974, not in a post office or other Federal building, as long as—

(A) that Senator continuously serves as a Senator; and

(B) that office is maintained in the same building in which it was located on such date and contains not more than the same number of square feet it contained in such date.

(1) Subject to the provisions of paragraphs (2), (3), (4), and (5), a Senator may lease one mobile office for use only in the State he represents and the contingent fund of the Senate is available for the rental payments (including by way of reimbursement) made under such lease together with the actual nonpersonnel cost of operating such mobile office. The term of any such lease shall not exceed one year. A copy of each such lease shall be furnished to the Sergeant at Arms of the Senate.

(2) The maximum aggregate annual rental payments and operating costs (except furniture, equipment, and furnishings) that may be paid to a Senator under paragraph (1) shall not at any time exceed an amount determined by multiplying (A) the highest applicable rate per square foot charged Federal agencies by the Administrator of General Services in the State which that Senator represents, based upon a 100 percent building quality rating, by (B) the maximum aggregate square feet of office space to which that Senator is entitled under subsection (b) of this section reduced by the number of square feet contained in offices secured for that Senator under subsection (a) of this section and used by that Senator and his employees to perform their duties.

(3) No payment shall be made under paragraph (1) for rental payments and operating costs of a mobile office of a Senator unless the following provisions are included in its lease:

(A) Liability insurance in the amount of $1,000,000 shall be provided with respect to the operation and use of such mobile office.

(B) Either of the following inscriptions shall be clearly visible on three sides of such mobile office in letters not less than three inches high:

(4) No payment shall be made under paragraph (1) for rental payments and operating costs of a mobile office of a Senator which are attributable to or incurred during the 60-day period ending with the date of any primary or general election (whether regular, special, or runoff) in which that Senator is a candidate for public office, unless his candidacy in such election is uncontested.

(5) Payment under paragraph (1) shall be made on a monthly basis and shall be paid upon vouchers approved by the Sergeant at Arms of the Senate.

This section is effective on and after July 1, 1974.

(Pub. L. 93–371, §3, Aug. 13, 1974, 88 Stat. 428; Pub. L. 94–32, title I, §4, June 12, 1975, 89 Stat. 183; Pub. L. 94–59, title I, §§106(a), 107, July 25, 1975, 89 Stat. 276; Pub. L. 95–26, title I, §105, May 4, 1977, 91 Stat. 83; Pub. L. 95–94, title I, §112(d), Aug. 5, 1977, 91 Stat. 664; Pub. L. 96–304, title I, §109, July 8, 1980, 94 Stat. 890; Pub. L. 99–88, title I, §194, Aug. 15, 1985, 99 Stat. 349; Pub. L. 102–27, title II, Apr. 10, 1991, 105 Stat. 144; Pub. L. 102–90, title I, §7(b), Aug. 14, 1991, 105 Stat. 451.)

Section is comprised of section 3 of Pub. L. 93–371. Subsec. (e) of section 3 of Pub. L. 93–371 amended section 58 of this title.

1991—Subsec. (f)(1). Pub. L. 102–90, §7(b)(1), substituted “the contingent fund of the Senate is available for the rental payments (including by way of reimbursement)” for “shall be reimbursed from the contingent fund of the Senate for the rental payments”.

Subsec. (f)(2). Pub. L. 102–90, §7(b)(2), substituted “paid” for “reimbursed”.

Subsec. (f)(3). Pub. L. 102–90, §7(b)(3), substituted “payment” for “reimbursement”.

Subsec. (f)(3)(B). Pub. L. 102–27 added subpar. (B) and struck out former subpar. (B) which read as follows: “The following inscription shall be clearly visible on three sides of such mobile office in letters not less than four inches high:

“ ‘Mobile Office of Senator (name of Senator)

“ ‘FOR OFFICIAL OFFICE USE ONLY’.”

Subsec. (f)(4). Pub. L. 102–90, §7(b)(4), substituted “payment” for “reimbursement”.

Subsec. (f)(5). Pub. L. 102–90, §7(b)(5), substituted “Payment” for “Reimbursement”.

1985—Subsec. (c)(2). Pub. L. 99–88 substituted “$30,000” for “$22,550” and “$734” for “$550”.

1980—Subsec. (a)(2). Pub. L. 96–304, §109(1), substituted provision limiting term of a lease of office space to a term not extending beyond the term of office which Senator is serving on first day of such lease, except in case of a Senator whose term is expiring and who has been elected to another term, to end of term for which he has been so elected, for provision limiting term of a lease of office space to a term of not to exceed one year and inserted provision requiring each lease to contain a provision permitting cancellation upon sixty days written notification by Sergeant at Arms and Doorkeeper of Senate, in event of death or resignation of Senator.

Subsec. (c). Pub. L. 96–304, §109(2), substituted “shall not exceed the highest rate per square foot charged Federal agencies on the first day of the lease of such office” for “shall not at any time exceed the applicable rate per square foot charged Federal agencies”.

1977—Subsec. (c)(2). Pub. L. 95–94 substituted “$22,550” for “$20,500” and “$550” for “$500”.

Subsec. (f)(5). Pub. L. 95–26 substituted “monthly” for “quarterly”.

1975—Subsec. (a). Pub. L. 94–59, §107, designated existing provisions as par. (1) and added par. (2).

Subsec. (c). Pub. L. 94–59, §106(a), designated existing provisions as par. (1) and added par. (2).

Subsecs. (f), (g). Pub. L. 94–32 added subsec. (f) and redesignated former subsec. (f) as (g).

Amendment by Pub. L. 102–90 effective Oct. 1, 1991, see section 7(c) of Pub. L. 102–90, set out as a note under section 58 of this title.

Section 109 of Pub. L. 96–304 provided that the amendment made by that section is effective Jan. 1, 1980.

Amendment by Pub. L. 95–94 effective Aug. 5, 1977, see section 112(f) of Pub. L. 95–94, set out as a note under section 58 of this title.

Section 106(b) of Pub. L. 94–59 provided that: “The amendment made by subsection (a) of this section [amending this section] is effective on and after July 1, 1975.”

Section, Pub. L. 93–462, §1, Oct. 20, 1974, 88 Stat. 1388, related to purchase of office equipment or furnishings by House Members.

Repeal effective Oct. 1, 1989, see section 103(c) of Pub. L. 101–163, set out as an Effective Date of 1989 Amendment note under section 117e of this title.

Notwithstanding any other provision of law, a United States Senator may purchase, upon leaving office or otherwise ceasing to be a Senator (except by expulsion), any item or items of office equipment or office furnishings provided by the General Services Administration and then currently located and in use in an office of such Senator in the State then represented by such Senator.

At the request of any United States Senator, the Sergeant at Arms of the Senate shall arrange for and make the purchase of equipment and furnishings under subsection (a) of this section on behalf of such Senator. Each such purchase shall be—

(1) in accordance with regulations which shall be prescribed by the Committee on Rules and Administration of the Senate, after consultation with the General Services Administration; and

(2) at a price equal to the acquisition cost to the Federal Government of the equipment or furnishings so purchased, less allowance for depreciation determined under such regulations, but in no instance less than the fair market value of such items.

Amounts received by the Federal Government from the sale of items of office equipment or office furnishings under this section shall be remitted to the General Services Administration and credited to the appropriate account or accounts.

(Pub. L. 93–462, §2, Oct. 20, 1974, 88 Stat. 1388.)

Section, Pub. L. 95–94, title I, §103, Aug. 5, 1977, 91 Stat. 660; Pub. L. 97–51, §118, Oct. 1, 1981, 95 Stat. 964, which related to disposal of used or surplus furniture and equipment by Sergeant at Arms and Doorkeeper of Senate, and procedure with respect to deposit of receipts from sale of such furniture and equipment, was transferred to section 117b of this title.

Effective August 16, 1978, notwithstanding any provision of law and until otherwise provided by law, the contingent fund of the House shall be available to pay the reasonable expenses of sending or transporting the official records and papers of any Member of the House of Representatives from the District of Columbia to any location designated by such Member in the district represented by the Member.

The Clerk of the House of Representatives is authorized and directed to provide for the most economical means of sending or transporting such documents to insure the orderly and timely delivery to the specified location. The Committee on House Administration shall have the authority to issue rules and regulations to carry out the provisions of this section.

As used in this section—

(1) the term “Member” means a Representative, a Resident Commissioner in the House, and a Delegate to the House; and

(2) the term “official records and papers” means books, records, papers, and official files which could be sent as franked mail.

(Pub. L. 98–51, title I, §111(1), July 14, 1983, 97 Stat. 269.)

In subsec. (a), “August 16, 1978” substituted for “upon the date of adoption of this resolution” meaning the date of adoption of House Resolution No. 1297, which was agreed to Aug. 16, 1978.

Section is based on House Resolution No. 1297, Ninety-fifth Congress, Aug. 16, 1978, which was enacted into permanent law by Pub. L. 98–51.

Sections 1 and 2 of House Resolution No. 1297 were redesignated subsecs. (a) and (b) of this section, respectively, for purposes of codification.

Committee on House Administration of House of Representatives treated as referring to Committee on House Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of this title.

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Except as otherwise provided in this section, funds appropriated by this Act or any other Act for expenses of official mail of any person entitled to use the congressional frank may be expended only in accordance with regulations prescribed by the Committee on Rules and Administration of the Senate or the Committee on House Administration of the House of Representatives, as applicable. Such regulations shall require—

(1) individual accountability for use of official mail by each person entitled to use the congressional frank;

(2)(A) with respect to the House of Representatives, allocation of funds for official mail to be made to each such person with respect to each session of Congress (with no transfer to any other session or to any other such person); and

(B) with respect to the Senate, allocation of funds for official mail to be made to each such person with respect to each session of Congress (with no transfer to any other session, other than transfers from the first session of a Congress to the second session of that Congress, or to any other such person); and

(3) with respect to the House of Representatives, that in addition to any other report or information made available to the public (through the House Commission on Congressional Mailing Standards or otherwise) regarding the use of the frank, the Clerk of the House of Representatives shall include in the quarterly report of receipts and expenditures submitted to the House of Representatives a statement (based solely on data provided for that purpose by the Committee on House Administration of the House of Representatives and the House Commission on Congressional Mailing Standards) of costs charged against the Official Mail Allowance for each person entitled to use the congressional frank.

The Postmaster General, in consultation with the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives—

(1) shall monitor use of official mail by each person entitled to use the congressional frank;

(2) at least monthly, shall notify any person with an allocation under subsection (a)(2) of this section as to the percentage of the allocation that has been used; and

(3) may not carry or deliver official mail the cost of which is in excess of an allocation under subsection (a)(2) of this section.

Expenses of official mail of the Senate and the House of Representatives may be paid only from funds specifically appropriated for that purpose and funds so appropriated—

(1) may be supplemented by other appropriated funds only if such supplementation is provided for by law or by regulation under subsection (a) of this section; and

(2) may not be supplemented by funds from any other source, public or private.

No Senator or Member of the House of Representatives may maintain or use, directly or indirectly, an unofficial office account or defray official expenses from—

(1) funds received from a political committee or derived from a contribution or expenditure (as such terms are defined in section 431 of this title);

(2) funds received as reimbursement for expenses incurred by the Senator or Member in connection with personal services provided by the Senator or Member to the person making the reimbursement; or

(3) any other funds that are not specifically appropriated for official expenses.

(1) There is established in the House of Representatives an Official Mail Allowance for Members, officers, and employees of the House of Representatives who are persons entitled to use the congressional frank. Regulations for use of the Official Mail Allowance shall be prescribed—

(A) by the Committee on House Administration of the House of Representatives, with respect to allocation and expenditures relating to the Allowance; and

(B) by the House Commission on Congressional Mailing Standards, with respect to matters under section 3210(a)(6)(D) of title 39.

(2) The Official Mail Allowance—

(A) shall be available only for postage for franked mail sent at a first class, third class, or fourth class rate;

(B) with respect to a Member of the House of Representatives, shall be available, in a session of Congress, in a total amount, as determined under paragraph (1)(A), of not more than the product of (i) 3 times the single-piece rate applicable to first class mail, and (ii) the number (as determined by the Postmaster General) of addresses (other than business possible delivery stops) in the congressional district, as such addresses are described in section 3210(d)(7)(B) of title 39;

(C) with respect to any other person entitled to use the congressional frank in the House of Representatives (including any Member of the House of Representatives who receives an allocation under subsection (a)(2) of this section with respect to duties as an elected officer of, or holder of another position in, the House of Representatives), shall be available, in a session of Congress, in a total amount determined under paragraph (1)(A); and

(D) shall not be available for payment of any nonpostage fee or charge, including any fee or charge for express mail, express mail drop shipment, certified mail, registered mail, return receipt, address correction, or postal insurance.

(3)(A) Subject to subparagraph (B), each Member of the House of Representatives may transfer amounts from the Official Expenses Allowance and the Clerk Hire Allowance of the Member to the Official Mail Allowance of the Member.

(B) The total amount a Member may so transfer with respect to a session of Congress may not exceed $25,000.

(4) The Official Expenses Allowance shall be available to a Member of the House of Representatives for the payment of nonpostage fees and charges referred to in paragraph (2)(D) and for postage for mail for official business sent outside the United States.

A Member of the House of Representatives shall, before making any mass mailing, submit a sample or description of the mail matter involved to the House Commission on Congressional Mailing Standards for an advisory opinion as to whether such proposed mailing is in compliance with applicable provisions of law, rule, or regulation.

As used in subsections (a) through (f) of this section—

(1) the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress; and

(2) the term “person entitled to use the congressional frank” means a Senator, Member of the House of Representatives, or other person authorized to use the frank under section 3210(b) of title 39.

This section and the amendments made by this section shall apply with respect to sessions of Congress beginning with the first session of the One Hundred Second Congress, except that, with respect to the Senate, subsection (d) of this section shall apply beginning on May 1, 1992, and the funds referred to in paragraph (3) of such subsection shall not include personal funds of a Senator or Member of the House of Representatives.

(Pub. L. 101–520, title III, §311, Nov. 5, 1990, 104 Stat. 2278; Pub. L. 102–229, title II, §211, Dec. 12, 1991, 105 Stat. 1718.)

The amendments made by this section, referred to in subsec. (i), means the amendments made by section 311(h) of Pub. L. 101–520, which amended section 58 of this title and sections 3210 and 3216 of Title 39, Postal Service, and amended provisions set out as notes under sections 3210 and 3216 of Title 39.

Section is from the Legislative Branch Appropriations Act, 1991.

Subsec. (h) of this section made the amendments specified in the References in Text note above.

1991—Subsec. (i). Pub. L. 102–229 substituted “beginning on May 1, 1992,” for “with respect to sessions of Congress beginning with the second session of the One Hundred Second Congress,”.

Committee on House Administration of House of Representatives treated as referring to Committee on House Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of this title.

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Authority of Committee on House Oversight of House of Representatives to combine House Clerk Hire Allowance, Official Expenses Allowance, and Official Mail Allowance into Members’ Representational Allowance, see section 57b of this title.

Two weeks after the close of each calendar quarter, or as soon as practicable thereafter, the Sergeant at Arms and Doorkeeper of the Senate shall send to each Senate office a statement of the cost of postage and paper and of the other operating expenses incurred as a result of mass mailings processed for such Senate office during such quarter. The statement shall separately identify the cost of postage and paper and other costs, and shall distinguish the costs attributable to newsletters and all other mass mailings. The statement shall also include the total cost per capita in the State. A compilation of all such statements shall be sent to the Senate Committee on Rules and Administration. A summary tabulation of such information shall be published quarterly in the Congressional Record and included in the semiannual report of the Secretary of the Senate. Such summary tabulation shall set forth for each Senate office the following information: the Senate office's name, the total number of pieces of mass mail mailed during the quarter, the total cost of such mail, and, in the case of Senators, the cost of such mail divided by the total population of the State from which the Senator was elected, and the total number of pieces of mass mail divided by the total population of the State from which the Senator was elected, and in the case of each Senator, the allocation made to such Senator from the appropriation for official mail expenses.

(Pub. L. 101–520, title III, §318, Nov. 5, 1990, 104 Stat. 2283; Pub. L. 103–283, title I, §3(b), July 22, 1994, 108 Stat. 1427.)

Section is from the Legislative Branch Appropriations Act, 1991.

1994—Pub. L. 103–283 inserted before period at end “, and in the case of each Senator, the allocation made to such Senator from the appropriation for official mail expenses”.

Section 3(c) of Pub. L. 103–283 provided that: “The amendments made by this section [amending this section and section 104a of this title] shall be effective with respect to—

“(1) reports and statements covering periods beginning on and after October 1, 1994; and

“(2) appropriations made and obligations incurred on and after such date.”

In fiscal year 1991 and thereafter, when a Senator disseminates information under the frank by a mass mailing (as defined in section 3210(a)(6)(E) of title 39), the Senator shall register quarterly with the Secretary of the Senate such mass mailings. Such registration shall be made by filing with the Secretary a copy of the matter mailed and providing, on a form supplied by the Secretary, a description of the group or groups of persons to whom the mass mailing was mailed and the number of pieces mailed.

(Pub. L. 101–520, title III, §320, Nov. 5, 1990, 104 Stat. 2285.)

Section is from the Legislative Branch Appropriations Act, 1991.