TITLE 2.-THE CONGRESS Chapter 1.-ELECTION OF SENATORS AND REPRESENTATIVES § 2. Number and apportionment of Representatives. CODIFICATION Act Aug. 8, 1911, ch. 5, §§ 1, 2, 37 Stat. 13, 14, formerly classified to this section, fixed the composition of the 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. Chapter 2.-ORGANIZATION OF CONGRESS § 24. Secretary of Senate or assistant secretary may administer oaths. 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. (As amended July 9, 1971, Pub. L. 92-51, § 101, 85 Stat. 125.) CHANGE OF NAME The assistant secretary of the Senate deemed the successor in references to the chief clerk of the Senate in all laws, rules, resolutions, and orders, effective July 1, 1971, under provisions of Pub. L. 92-51, § 101, July 9, 1971, 85 Stat. 125, set out as section 61a-7 of this title. Chapter 3.-COMPENSATION AND ALLOWANCES OF MEMBERS Sec. 55. Same; procurement for Senators [New]. 56. Office expenses within the District of Columbia of the Delegate from the District of Columbia [New]. 57. Adjustment of allowances by Committee on House Administration [New]. § 42. Postage. (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. Page 3 68-110 0-72- -3 (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, § 401, Dec. 15, 1971, 85 Stat. 636.) CODIFICATION Section is based on House Resolution No. 420, May 18, 1971, which was enacted into permanent law by Pub. L. 92-184. A previous section 42, based on act Jan. 31, 1873, ch. 82, 17 Stat. 421, which was set out as R.S. § 44, prohibiting the making of an allowance to Senators, Representatives, or Delegates on account of postage, was previously omitted as obsolete. § 42a. Airmail and special-delivery postage allowances for Senators. The Secretary of the Senate is authorized and directed to procure and furnish each fiscal year to each Senator and the President of the Senate, upon request by such person, United States air mail and special-delivery postage stamps in an amount not exceeding $1,215 for the fiscal year 1972 and thereafter for the mailing of postal matters arising in connection with his or her official business. Senators from States partially or wholly west of the Mississippi River shall be allowed an additional $305 each fiscal year. (As amended July 9, 1971, Pub. L. 92-51, § 101, 85 Stat. 128.) AMENDMENTS 1971-Pub. L. 92-51 increased the maximum allowance from $1,056 to $1,215 for fiscal year 1972 and thereafter and the additional allowance for Senators from States partially or wholly west of the Mississippi River from $264 to $305 for each fiscal year. § 43b. Reimbursement of Senators and employees of Senators and Members of House of Representatives for additional transportation expenses. The contingent fund of the Senate is hereby made available for reimbursement of actual transportation expenses incurred by each Senator in traveling on official business, and such expenses incurred by employees in that Senator's office in making round trips on official business, by the nearest usual route, between Washington, District of Columbia, and the home State of the Senator involved, or within that State during such travel. The total amount of such expenses for which each Senator and the employees in his office may be reimbursed in any fiscal year shall not exceed a sum equal to forty times (in the case of a Senator from a State having a population of less than ten million inhabitants), or forty-four times (in the case of Senator from a State having a population of ten million or more inhabitants), fourteen cents per mile for the number of miles certified by the Senator as the distance between Washington, District of Columbia, and the place of his residence in his home State, if such distance is less than 375 miles; thirteen cents per mile, if such certified distance is 375 miles or more but less than 750 miles; twelve cents per mile, if such certified distance is 750 miles or more but less than 1,000 miles; eleven cents per mile, if such certified distance is 1,000 miles or more but less than 1,750 miles; ten cents per mile, if such certified distance is 1,750 miles or more but less than 2,250 miles; nine cents per mile, if such certified distance is 2,250 miles or more but less than 2,500 miles; eight cents per mile, if such certified distance is 2,500 miles or more but less than 3,000 miles; or seven cents per mile, if such certified distance is 3,000 miles or more. In any fiscal year in which a Senator does not occupy the office of Senator for the entire fiscal year, the total amount of such expenses for which that Senator and the employees in his office may be reimbursed shall not exceed the greater of (1) the amount determined under the preceding sentence times that fraction which has as its numerator the number of months (counting the portion of any month as a month) during that fiscal year the Senator has occupied such office and has as its denominator the number 12, or (2) 50 percent of the amount determined under the preceding sentence. Reimbursement for such expenses by employees of the Senator shall be made only upon vouchers approved by the Senator containing a certification by such Senator that the round trip was performed in line of official duty. No payment shall be made to a newly appointed employee to travel to his place of employment. Reimbursement under this paragraph shall be in addition to reimbursement for official travel which is otherwise authorized pursuant to law. 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. (As amended Pub. L. 9251, § 101, July 9, 1971, 85 Stat. 128.) AMENDMENTS 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 iess 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. EFFECTIVE DATE OF 1971 AMENDMENT Section 101 of Pub. L. 92-51 provided in part that amendment of this section by Pub. L. 92-51 shall be effective July 1, 1971. CHARGING EMPLOYEE ROUND TRIPS COMMENCED BEFORE AND COMPLETED AFTER JULY 1, 1971 Section 101 of Pub. L. 92-51 provided in part that: "In the case of round trips made by employees in a Senator's office, the amendment made by this paragraph [to this section] shall apply only with respect to such round trips commencing on or after July 1, 1971, except that a round trip commenced but not completed prior to such date and for which reimbursement may not be charged to amounts made available for such round trips for fiscal year 1971 may be charged to amounts made available under such amendment during fiscal year 1972." § 46a. Stationery allowance for Senators. Effective with the fiscal year 1972 and thereafter, the annual allowance for stationery for the President of the Senate shall be $3,600, and such allowance for each Senator shall be as follows: $3,600 if the population of his State is less than 3,000,000; $3,800 if such population is 3,000,000 but less than 5,000,000; $4,000 if such population is 5,000,000 but less than 9,000,000; $4,200 if such population is 9,000,000 but less than 11,000,000; $4,500 if such population is 11,000,000 but less than 13,000,000; $4,800 if such population is 13,000,000 but less than 17,000,000; $5,000 if such population is 17,000,000 or more. (As amended July 9, 1971, Pub. L. 92–51, § 101, 85 Stat. 128; Dec. 15, 1971, Pub. L. 92-184, ch. IV, § 401, 85 Stat. 635.) AMENDMENTS 1971-Pub. L. 92-184 added 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. § 46d-3. Repealed. Pub. L. 92-184, ch. IV, § 401, Dec. 15, 1971, 85 Stat. 635. Section, Pub. L. 90-21, title I, § 101, May 29, 1967, 81 Stat. 38, made the contingent fund of the Senate available for the reimbursement of each Senator of strictly official telephone service charges incurred outside the District of Columbia up to $300 in each fiscal quarter. See section 53 of this title. EFFECTIVE DATE OF REPEAL Section 401 of Pub. L. 92-184 provided in part that the repeal of this section is effective Jan. 1, 1972. § 46g-1. Telephone allowances for Representatives, Resident Commissioner from Puerto Rico, and Delegate from the District of Columbia for strictly official telephone service. (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. (As amended Pub. L. 92-184, ch. IV, § 401, Dec. 15, 1971, 85 Stat. 636.) CODIFICATION Section 3 of the House Resolution No. 418, May 18, 1971, as enacted into permanent law by Pub. L. 92-184, provided that this section, as originally enacted by Pub. L. 90-392, shall not be effective in the Ninety-second Congress on and after Apr. 1, 1971, and shall be deemed repealed effective on Dec. 15, 1971. AMENDMENTS 1971-The quarterly allowance was increased from $300 to $450 and provisions for reimbursement of the Delegate from the District of Columbia for charges for strictly official telephone service incurred within the District of Columbia were inserted by House Resolution No. 418, May 18, 1971, which was enacted into permanent law by Pub. L. 92-184. § 46i. Definitions. 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.) § 52. Office space for Senators in home States. Each Senator shall be entitled to office space suitable for his official use at not more than three places designated by him in the State he represents. The Sergeant at Arms shall secure for each Senator such suitable office space in post offices or other Federal buildings at the places designated by each Senator. In the event suitable space is not available in post offices or other Federal buildings at any place designated by a Senator within his State, the Senator may lease or rent other office space for the purpose at such place, and the Sergeant at Arms shall approve for payment from the contingent fund of the Senate vouchers covering bona fide statements of rentals due of such office. (Pub. L. 92-184, ch. IV, § 401, Dec. 15, 1971, 85 Stat. 634.) CODIFICATION Section consists of a part of section 401 of the Supplemental Appropriations Act, 1972, Pub. L. 92-184. Another part of such section 401 of Pub. L. 92-184 is set out as section 53 of this title. In addition to enacting this section and section 53 of this title, such section 401 of Pub. L. 92-184 also repealed that part of act June 27, 1956, ch. 453, § 101, 70 Stat. 359, as amended, which had formerly been set out as this section and which is now included in the enumeration of similar provisions set out below. EFFECTIVE DATE Section 401 of Pub. L. 92-184 provided in part that this section is effective Jan, 1, 1972. SIMILAR PROVISIONS Section is from the Supplemental Appropriations Act, 1972, Pub. L. 92–184. Similar provisions were contained in the following prior appropriations acts: 1956-June 27, 1956, ch. 453, § 101, 70 Stat. 359, as amended Sept. 29, 1965, Pub. L. 89-211, § 1(b), 79 Stat. 857. 1955-Aug. 5, 1955, ch. 568, § 1, 69 Stat. 504. 1954 July 2, 1954, ch. 455, title I, § 101, 68 Stat. 399. 1953-Aug. 1, 1953, ch. 304, title I, § 101, 67 Stat. 321. 1952-July 9, 1952, ch. 598, § 101, 66 Stat. 466. 1951-Oct. 11, 1951, ch. 485, § 101, 65 Stat. 391. 1950-Sept. 6, 1950, ch. 896, ch. II, § 101, 64 Stat. 597. 1949-June 22, 1949, ch. 235, § 101, 63 Stat. 219. 1948-June 14, 1948, ch. 467, § 101, 62 Stat. 425. § 53. Payment of official office expenses of Senators incurred in home States. The Sergeant at Arms shall approve for payment from the contingent fund of the Senate to each Senator, upon his certification, the official office expenses incurred in his State, telephone services charges officially incurred outside Washington, District of Columbia, and charges incurred for subscriptions to newspapers, magazines, periodicals, or clipping or similar services. Payment of rentals due and such expenses and charges shall not exceed the amount of $7,800 each calendar year, of which amount not to exceed $3,600 shall be available for the payment of rentals due, except that in the case of a Senator holding his office as Senator for less than a full calendar year, such $7,800 and $3,600 shall be prorated for that portion of such year he has served as a Senator. The aggregate of payments to or on behalf of a Senator shall not exceed at any time the sum of $650 multiplied by the number of months (or fractions thereof) elapsing from (1) the first day of the calendar year in which the payment is made, or (2) the day during such year in which the Senator assumed the duties of his office, whichever day is applicable, to the date of payment, and the amounts included in such sum as payment for rentals due shall not exceed $300 multiplied by the number of such months (or fractions thereof), except that nothing in this sentence shall preclude the payment of rentals at the beginning of the month for which they are due. 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 office, for payment to the person or persons designated as entitled to such payment by such chairman. (Pub. L. 92-184, ch. IV, § 401, Dec. 15, 1971, 85 Stat. 634.) CODIFICATION Section consists of a part of section 401 of the Supplemental Appropriations Act, 1972, Pub. L. 92-184. Another part of such section 401 of Pub. L. 92-184 is set out as section 52 of this title. In addition to enacting this section and section 52 of this title, such section 401 of Pub. L. 92-184 also repealed that part of act June 27, 1956, ch. 453, § 101, 70 Stat. 359, as amended, which had formerly been set out as this section and which is now included in the enumeration of similar provisions set out below. EFFECTIVE DATE Section 401 of Pub. L. 92-184 provided in part that this section is effective Jan. 1, 1972. SIMILAR PROVISIONS Section is from the Supplemental Appropriations Act, 1972, Pub. L. 92-184. Similar provisions were contained in the following prior appropriations acts: 1956-June 27, 1956, ch. 453, § 101, 70 Stat. 359, as amended July 27, 1965, Pub. L. 89-90, § 101, 79 Stat. 269; Dec. 12, 1969, Pub. L. 91-145, § 101, 83 Stat. 343. 1955-Aug. 5, 1955, ch. 568, § 1, 69 Stat. 504. 1954 July 2, 1954, ch. 455, title I, § 101, 68 Stat. 399. § 55. Same; procurement for Senators. 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 Federal 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 and each pocket supplement to the Federal Code Annotated. 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, § 101, July 9, 1971, 85 Stat. 129.) § 56. Office expenses within the District of Columbia of the Delegate from the District of Columbia. 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, § 401, Dec. 15, 1971, 85 Stat. 636.) CODIFICATION Section is based on section 2 of House Resolution No. 418, May 18, 1971, which was enacted into permanent law by Pub. L. 92-184. § 57. Adjustment of allowances by Committee on House Administration. (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 com munications, 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, § 401, Dec. 15, 1971, 85 Stat. 636.) CODIFICATION Section is based on House Resolution No. 457, May 27, 1971, which was enacted into permanent law by Pub. L. 92-184. Chapter 4.-OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF REPRESENTATIVES Sec. 60c-2. Salary deposit in financial organizations [New]. (a) Written request of employee; designation of financial organization. (b) Deposit of aggregate amount in financial (c) Full acquittance for the amount due. (e) Definition of "financial organization". 61a-7. Appointment and compensation of personnel for the Secretary of the Senate in the office of printing clerk and the library; other appointments; change of name of chief clerk to assistant secretary of the Senate [New]. 61f-2. Same [New]. 61f-3. Same [New]. 64b. Same; Assistant Secretary of the Senate to act as Secretary in all matters except those of disbursing officer [New]. § 60a. Positions and rates of compensation. LEGISLATIVE BRANCH APPROPRIATION ACTS Pub. L. 92-51, § 101, July 9, 1971, 85 Stat. 125, provided in part for the funds for operation of Congress during fiscal year 1972. § 60c-1. Officers and employees paid by Secretary of the Senate; payment of salary; advance payment. The compensation of officers (other than Senators) and employees, whose compensation is disbursed by the Secretary of the Senate, shall be payable on the fifth day of the month following the month in which such compensation accrued, except that ** (2) When such fifth or twentieth day falls on Saturday, Sunday, or on a legal holiday (including any holiday on which the banks of the District of Columbia are closed pursuant to law) such compensation shall be payable on the next preceding workday; and (As amended Pub. L. 92-136, § 6, Oct. 11, 1971, 85 Stat. 378.) |