United States Code

DERIVATION

Act June 1, 1789, ch. 1, § 2, 1 Stat. 28.

CODIFICATION

The last paragraph of this section, which permitted Members and Delegates of the House 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, are omitted as executed.

AMENDMENTS

1948-Act Feb. 18, 1948, added last two paragraphs to provide a way by which any Member of the House of Representatives can establish by record evidence the fact that he took the oath of office and so became a member. DELEGATE FROM DISTRICT OF COLUMBIA; EFFECTIVE DATE Pub. L. 91-405, title II, § 204 (a), Sept. 22, 1970, 84 Stat. 852, provided that:

"(a) The provisions of law which appear in

"(1) section 25 [this section] (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 alowance), "(13) section 46b-1 (relating to stationery allowance),

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

"(15) section 46g (relating to telephone, telegraph, and radio-telegraph 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 (relating to clerk hire), "(22) section 60g-2(a) (relating to interns),

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

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

"(25) section 82 (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 (relating to office space in the District of Columbia), and

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

of title 2 of the United States Code [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 [chapter 8 of this title; see, also, section 602 of Title 18] and the Federal Contested Election Act [chapter 12 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."

Section 206(b) of Pub. L. 91-405 provided in part that section 204(a) of Pub. L. 91-405 and amendments of sections 2106, 4342 (a) (5), 6954(a) (5), and 9342 (a)(5) of Title 5, sections 201(a), 203 (a)(1), (b), 204, 591, 594, and 595 of Title 18, and section 19731 (c) of Title 42 shall take effect on Sept. 22, 1970.

§ 26. Roll of Representatives-elect.

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.)

DERIVATION

R. S. § 31 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 from act Feb. 21, 1867, ch. 56, § 2, 14 Stat. 397.

CODIFICATION

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

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 34 of this title.

§ 27. Change of place of meeting.

Whenever Congress is about to convene, and from the prevalence of contagious sickness, 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.)

DERIVATION

Act Apr. 3, 1794, ch. 17, 1 Stat. 353.

CROSS REFERENCES

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.

§ 28. Parliamentary precedents of House of Representatives.

(a) Periodic compilation; other useful materials; index digest; date of completion.

The Parliamentarian of the House of Representatives, at the beginning of the fifth fiscal year following the completion and publication of the parliamentary precedents of the House authorized by the Legislative Branch Appropriation Act, 1966 (79 Stat. 270; Public Law 89-90), and at the beginning of each fifth fiscal year thereafter, shall commence the com

pilation and preparation for printing of the parliamentary precedents of the House of Representatives, together with such other materials as may be useful in connection therewith, and an index digest of such precedents and other materials. Each such compilation and preparation for printing of the parliamentary precedents of the House shall be completed by the close of the fiscal year immediately following the fiscal year in which such work is commenced. (b) Form, number, and distribution of compilation.

As so compiled and prepared, such precedents and other materials and index digest shall be printed on pages of such size, and in such type and format, as the Parliamentarian may determine and shall be printed in such numbers and for such distribution as may be provided by law enacted prior to printing. (c) Appointment and compensation of personnel; utilization of services of personnel of Federal agencies.

For the purpose of carrying out each such compilation and preparation, the Parliamentarian may— (1) subject to the approval of the Speaker, appoint (as employees of the House of Representatives) clerical and other personnel and fix their respective rates of pay; and

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

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

REFERENCES IN TEXT

Legislative Branch Appropriation Act, 1966, 79 Stat. 270; Public Law 89-90), referred to in subsec. (a), is classified in part in the Code to sections 42a, 43b, 53, 61h, 72a-3, 126-1, 126b, and 127 of this title, section 166a of Title 40, and section 6a-1 of Title 41, was formerly classified to sections 46c, 46d, and 46d-2 of this title, and is classified as notes under sections 60a, 61c, and 127 of this title.

EFFECTIVE DATE

Section effective immediately prior to noon on Jan. 3, 1971, see section 601 (1) of Pub. L. 91-519, set out as a note under section 72a of this title.

§ 29. Condensed and simplified versions of House precedents; other useful materials in summary form; form and distribution to Members of Congress, Resident Commissioner from Puerto Rico, and others; appointment and compensation of personnel; utilization of services of personnel of Federal agencies.

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, upto-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

43c.

Repealed.

44 to 46. Omitted. 46a.

Stationery allowance for Senators.

46a-1. Senate revolving fund for stationery allowances; availability of unexpended balances; withdrawals.

46a-2. Stationery allowance for Senators from populous States.

46a-3. Limitation on availability of stationery allowance for Senators; covering into general fund of unobligated allowance withdrawn from revolving fund.

46a-4. Provisions of section 46a-3 of this title applicable to the President of the Senate.

46b. Stationery allowance for Representatives, Delegates, and Resident Commissioner. 46b-1. House revolving fund for stationery allowances; disposition of moneys from stationery sales; availability of unexpended balances. 46b-2. Prorated stationery allowance for Representatives, Delegates, and Resident Commissioner. 46c, 46d. Repealed.

46d-1. Long-distance telephone calls for Vice President. 46d-2. Repealed.

46d-3. Telephone expenses of Senators outside the District of Columbia.

48.

49.

50.

51.

52.

៩៖

53.

54.

Certification of salary and mileage accounts.
Certificate of salary during recess.

Substitute to sign certificates for salary and ac-
counts.

Monuments to deceased Senators or Members of
House.

Office space for Senators in home States.

Payment of official office expenses of Senators incurred in home States.

United States Code Annotated or Federal Code Annotated; procurement for Members and Resident Commissioner.

§ 31. Compensation of Members of Congress.

The compensation of Senators, Representatives in Congress, Delegates from the Territories, and the Resident Commissioner from Puerto Rico shall be at the rate of $42,500 per annum each. The compensation of the Speaker of the House of Representatives shall be at the rate of $62,500 per annum. The compensation of 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 shall be at the rate of $49,500 per annum each. (Mar. 4, 1925, ch. 549, § 4, 43 Stat. 1301; May 17, 1932, ch. 190, 47 Stat. 158; 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; Dec. 16, 1967, Pub. L. 90-206, title II, § 225 (h), 81 Stat. 644; Sept. 15, 1969, Pub. L. 91-67, § 2, 63 Stat. 107.)

AMENDMENTS

1969-Pub. L. 91-67 increased the compensation of the Speaker of the House of Representatives from $43,000 to $62,500 per annum and the compensation of the Majority and Minority Leaders of both Houses of Congress from $35,000 to $49,500 per annum, and fixed the compensation of the President pro tempore of the Senate at $49,500 per annum.

1967-Salaries of Senators, members of the House of Representatives, and the Resident Commisssioner from Puerto Rico increased from $30,000 to $42,500 per annum, commencing on the first day of the pay period which begins after February 14, 1969, upon recommendation of the President of the United States pursuant to Pub. L. 90-206. See note set out under section 358 of this title. 1965-Pub. L. 89-301 added provisions setting the rate of compensation of the Majority and Minority Leaders of the Senate and House of Representatives at $35,000 per annum each.

1964 - Pub. L. 88-426 increased the compensation of Senators, Representatives and the Resident Commissioner from $22,500 to $30,000 per annum and that of the 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 the salaries of Senators, Representatives, Delegates, and the Resident Commissioner from $12,500 a year to $22,500 and the compensation of the Speaker from $30,000 to $35,000 a year. 1949-Act Jan. 19, 1949, increased the Speaker's salary from $20,000 per year to $30,000.

1946-Act Aug. 2, 1946, increased salary of the Speaker from $15,000 to $20,000 per annum, and salaries of the Senators, Representatives, Delegates, and Resident Commissioner from $10,000 to $12,500 per annum.

EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-67 effective on Mar. 1, 1969, see section 3 of Pub. L. 91-67, set out as a note under section 104 of Title 3, The President.

EFFECTIVE DATE OF 1965 AMENDMENT Amendment of section by Pub. L. 89-301 effective on the first day of the first pay period which begins on or after October 1, 1965, see section 17 of Pub. L. 89-301. EFFECTIVE DATE OF 1964 AMENDMENT Amendment of section by Pub. L. 88-426 effective at noon on Jan. 3, 1965, see section 501 (b) of Pub. L. 88-426. EFFECTIVE DATE OF 1955 AMENDMENT

Section 5 of act Mar. 2, 1955, provided that the provisions of that act amending this section, section 104 of Title 3, section 7443 (c) of Title 26, Internal Revenue Code of 1954, sections 5, 44 (d), 135, 173, 213, 252 and 508 of Title 28, Judiciary and Judicial Procedure, former section 101 of Title 48, Territories and Insular Possessions, and former section 654 (a) (1) of Title 50, War and National Defense, shall take effect Mar. 1, 1955.

EFFECTIVE DATE OF 1949 AMENDMENT Amendment of section by act Jan. 19, 1949, effective at noon on Jan. 20, 1949, see section 3 of act Jan. 19, 1949, set out as a note under section 102 of Title 3, The President. EFFECTIVE DATE OF 1946 AMENDMENT

Section 601 (a) of act Aug. 2, 1946, provided in part that the increase in salary provided by act Aug. 2, 1946 shall be effective Jan. 3, 1947.

REPEALS

Act Mar. 24, 1938, ch. 84, § 7, 48 Stat. 460, formerly classified to this section, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966. 80 Stat. 648.

DELEGATE FROM DISTRICT OF COLUMBIA

Provisions of this section applicable, effective Sept. 22, 1970, with respect to Delegate to House of Representatives from District of Columbia in same manner and to same extent as applicable with respect to a Representative, see sections 204 (a), 206(b) of Pub. L. 91-405, title II, Sept. 22, 1970, 84 Stat. 852, set out as notes under section 25 of this title.

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

CROSS REFERENCES

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

Retirement pay, see chapter 83 of Title 5, Government Organization and Employees.

§31a. Repealed. Mar. 2, 1955, ch. 9, § 4 (b), 69 Stat. 11, eff. Mar. 1, 1955.

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

§31b. Expense allowance of Speaker of House of Representatives.

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) 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.)

REFERENCES IN TEXT

Section 601 (b) of the Legislative Reorganization Act of 1946, as amended, referred to in the text, was formerly 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. AMENDMENTS

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

EFFECTIVE DATE OF 1951 AMENDMENT Section 619 (e) of act Oct. 20, 1951, provided in part that this amendment shall become effective at noon on Jan. 3, 1953.

EFFECTIVE DATE

Section effective at noon on Jan. 20, 1949, see section 3 of act Jan. 19, 1949, set out as a note under section 102 of Title 3, The President.

§ 31c. Residence of Members for expense-deductions in income tax matters; limitation on amount deductible for living expenses.

In the case of taxable years beginning after December 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 represents in Congress shall be considered his home for the purposes of section 23(a) (1) (A) of Title 26, but amounts expended by such Member within each taxable year for living expenses shall not be deductible for income tax purposes in excess of $3,000. (July 9, 1952, ch. 598, § 101, 66 Stat. 467; Aug. 1, 1953, ch. 304, title I, § 101, 67 Stat. 322.)

REFERENCES IN TEXT

"Section 23 (a) (1) (A) of Title 26", referred to in the text, was a reference to section 23 (a) (1) (A) of the Internal Revenue Code, 1939, which was repealed by section 7851 of Title 26, I. R. C. 1954, and is now covered by section 162 of said Title 26. For provisions deeming a reference in other laws to a provision of I. R. C. 1939, also as a reference to corresponding provision of I. R. C. 1954, see section 7852 (b) of Title 26.

AMENDMENTS

1953-Act Aug. 1, 1953, substituted "In the case of taxable years beginning after December 31, 1953" for "For the two taxable years beginning after December 31, 1952".

§ 32. Compensation of President Pro Tempore of Senate.

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.)

DERIVATION

Act. Aug. 16, 1856, ch. 123, § 2, 11 Stat. 48.

CROSS REFERENCES

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

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

§ 33. Senators' salaries payable monthly.

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 monthly from the beginning of their term. (Mar. 3, 1883, ch. 143, 22 Stat. 632; June 19, 1934, ch. 648, title I, § 1, 48 Stat. 1022.)

§ 34. Representatives' salaries payable monthly.

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.) DERIVATION

Act Mar. 3, 1873, ch. 226, § 1, 17 Stat. 488.

DELEGATE FROM DISTRICT OF COLUMBIA Provisions of this section applicable, effective Sept. 22, 1970, with respect to Delegate to House of Representatives from District of Columbia in same manner and to same extent as applicable with respect to a Representative, see sections 204 (a), 206(b) of Pub. L. 91-405, title II, Sept. 22, 1970, 84 Stat. 852, set out as notes under section 25 of this title.

§ 35. Salaries payable monthly after taking oath.

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.)

DERIVATION

Res. Mar. 29, 1867, No. 18, 15 Stat. 24.

§ 36. Salaries of Senators.

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.)

SIMILAR PROVISIONS

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

1873-R. S. § 51.

CONSTITUTIONAL PROVISIONS

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

§36a. Payment of sums due deceased Senators and Senate personnel.

When any person dies while serving as a Senator or officer or employee of the Senate, the disbursing officer of the Senate shall pay to the widow or widower of such person, or, if there is no widow or widower, to the next of kin or heirs at law of such person, any unpaid balance of salary or other sums due such person at the time of his death.

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).

REFERENCES IN TEXT

Section 50 of the Revised Statutes, referred to in the 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 formerly classified to section 38 of this title, and is omitted from this Code as superseded by section 38a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5581. § 37. Salaries of Representatives, Delegates, and Resident Commissioners elected for unexpired terms. 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.)

CROSS REFERENCES

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

§ 38. Pay of Member dying after commencement of Congress.

CODIFICATION

Section, R. S. §§ 49, 50; acts Jan. 20, 1874, ch. 11, 18 Stat. 4; Mar. 4, 1925, ch. 549, § 4, 43 Stat. 1301, is now covered by section 38a of this title.

§ 38a. Disposition of unpaid salary and other sums upon death of Representative or Resident Commissioner.

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.)

AMENDMENTS

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

§ 38b. Death gratuity payments as gifts.

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, § 101, 66 Stat. 101.)

CODIFICATION

Provisions are also set out as section 125a of this title. § 39. Deductions for absence.

The Secretary of the Senate and Sergeant at Arms of the House, respectively, shall deduct from the monthly payments 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.)

DERIVATION

Act Aug. 16, 1856, ch. 123, § 6, 11 Stat. 49.

DELEGATE FROM DISTRICT OF COLUMBIA Provisions of this section applicable, effective Sept. 22, 1970, with respect to Delegate to House of Representatives from District of Columbia in same manner and to same extent as applicable with respect to a Representative, see sections 204 () a, 206(b) of Pub. L. 91-405, title II, Sept. 22, 1970, 84 Stat. 852, set out as notes under section 25 of this title.

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United States Code, Volume 1