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PRIOR PROVISIONS 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 Aυ 2, 1946.

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AMENDMENTS 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".

es for

Transfer of funds by Members of Senate

from Senate Official Mail Costs Account to Senator's Official Personnel and Office Expense Account; writing respecting transfer to Financial Clerk of Senate; available

amount and uses. Official mail of persons entitled to use congressional frank. (a) Congressional committee regulations

for expenditure of appropriations

for official mail. (b) Postmaster General functions. (c) Source of funds for expenses of offi

cial mail. (d) Maintenance or use of unofficial

office accounts or defrayal of offi. cial expenses from certain funds

prohibited. (e) Official Mail Allowance in House of

Representatives. (f) Mass mailing; submission of samples

or description of proposed mail

matter; advisory opinion. (g) "Member of the House of Represent

atives" and "person entitled to use

the congressional frank" defined. (h) Omitted.

(i) Effective date. Mass mailings by Senate offices; quarterly

statements; publication of summary tabu

lations. Mass mailing of information by Senators

under frank; quarterly registration with Secretary of Senate.

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

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EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 704(b) of Pub. L. 101-194, set out as a note under section 5318 of Title 5, Government Organization and Employees.

8 31. Compensation of Members of Congress

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[See main edition for text of (1)] (2) 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 mul. tiples 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. (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.)

SALARY INCREASES 1994-Pub. L. 103-6, § 7, Mar. 4, 1993, 107 Stat. 35, provided that:

“(a) Cost OF LIVING ADJUSTMENT.-Notwithstanding section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)), the cost of living adjustment (relating to pay for Members of Congress) which would become effective under such provision of law during calendar year 1994 shall not take effect.

“(b) SEVERABILITY.-If any provision of this Act [enacting provisions set out as notes under sections 1 and 3304 of Title 26, Internal Revenue Code, and section 352 of Title 45, Railroads, and amending provisions set out as notes under section 3304 of Title 26 and section 352 of Title 45), or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected."

1993-Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, 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, 1993.

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, 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.

REFERENCES IN TEXT Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in par. (2), is section 704(a)(1) of Pub. L. 101-194, which is set out as a note under section 5318 of Title 5, Government Organization and Employees.

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1989-Pub. L. 101-194, title VII, $ 703(a)(2), Nov. 30, other than necessary expenses, unless consid1989, 103 Stat. 1768, set out as a note under section

eration of equal or greater value is received, 5318 of Title 5, provided that effective Jan. 1, 1991,

but does not include (1) a political contributhe rate of basic pay for the offices and positions under 2 U.S.C. 356(A) and (B) shall be increased in the

tion otherwise reported as required by law, amount of 25 percent of their respective rates (as last (2) a loan made in a commercially reasonable in effect before the increase), except that this shall manner (including requirements that the loan not affect the rate of basic pay for a Senator, the

be repaid and that a reasonable rate of interPresident pro tempore of the Senate, or the majority

est be paid), (3) a bequest, inheritance, or leader or the minority leader of the Senate. Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which

other transfer at death, (4) a bona fide award provided for the adjustment of pay rates effective Jan. presented in recognition of public service and 1, 1989, was superseded by Ex. Ord. No. 12698, Dec. 23,

available to the general public, (5) a reception 1989, 54 F.R. 53473, formerly set out as a note under

at which the Member, officer, or employee is section 5332 of Title 5. 1983–Pub. L. 98-63, title I, § 908(d), (f), July 30,

to be honored, provided such individual re1983, 97 Stat. 338, which provided that, effective with ceives no other gifts that exceed the restricrespect to service as a Member performed on or after tions in this rule, other than a suitable meJuly 1, 1983, and notwithstanding any other provision

mento, (6) meals or beverages consumed or of law, in the case of a Member serving in office or position of Senator, President pro tempore of Senate,

enjoyed, provided the meals or beverages are Majority Leader of Senate, or Minority Leader of not consumed or enjoyed in connection with a Senate during a calendar year, the annual rate of pay gift of overnight lodging, or (7) anything of paid to such Member for such service would not be

value given to a spouse or dependent of a reless than the annual rate of pay payable for such position on Dec. 17, 1982, increased by 15 percent and

porting individual by the employer of such rounded in accordance with section 5318 of Title 5, spouse or dependent in recognition of the was repealed by Pub. L. 102-90, title I, § 6(c), Aug. 14, service provided by such spouse or dependent; 1991, 105 Stat. 451.

and SECTION REFERRED TO IN OTHER SECTIONS

(B) the term “relative" has the same meanThis section is referred to in section 25b of this title.

ing given to such term in section 107(2) of
title I of the Ethics in Government Act of

1978 (Public Law 95-521).2
8 31-1. Repealed. Pub. L. 102-90, title I, 8 6(c), Aug.
14, 1991, 105 Stat. 451

(4) If a Member, officer, or employee, after

exercising reasonable diligence to obtain the inSection, Pub. L. 98-63, title I, $ 908(a)-(c), July 30, 1983, 97 Stat. 337, 338; Pub. L. 99-190, $ 137, Dec. 19,

formation necessary to comply with this rule, 1985, 99 Stat. 1323; Pub. L. 101-194, title VI,

unknowingly accepts a gift described in para$ 601(b)(2), title XI, $ 1101(b), Nov. 30, 1989, 103 Stat. graph (1) such Member, officer, or employee 1762, 1782; Pub. L. 101-280, $ 7(b)(2)[(d)(2)], May 4, shall, upon learning of the nature of the gift 1990, 104 Stat. 161, related to maximum amount of

and its source, return the gift or, if it is not pos-
honoraria which could be accepted by Members of
Congress.

sible to return the gift, reimburse the donor for
the value of the gift.

(5)(A) Notwithstanding the provisions of this 8 31-2. Gifts and travel

subsection, a Member, officer, or employee of (a) Gifts

the Senate may participate in a program, the (1) No Member, officer, or employee of the

principal objective of which is educational, Senate, or the spouse or dependent thereof,

sponsored by a foreign government or a foreign shall knowingly accept, directly or indirectly,

educational or charitable organization involving any gift or gifts in any calendar year aggregat- travel to a foreign country paid for by that foring more than the minimal value as established eign government or organization if such particiby section 7342(a)(5) of title 5 or $250, which- pation is not in violation of any law and if the ever is greater · from any person, organization, select 3 Committee on Ethics has determined or corporation unless, in an unusual case, a

that participation in such program by Memwaiver is granted by the Select Committee on

bers, officers, or employees of the Senate is in Ethics.

the interests of the Senate and the United (2) The prohibitions of this subsection do not

States. apply to gifts(A) from relatives;

(B) Any Member who accepts an invitation to (B) with a value of $100 or less, as adjusted

participate in any such program shall notify under section 102(a)(2)(A) of the Ethics in

the Select Committee in writing of his acceptGovernment Act of 1978; or

ance. A Member shall also notify the Select (C) of personal hospitality of an individual. Committee in writing whenever he has permit(3) For purposes of this subsection

ted any officer or employee whom he supervises (A) the term “gift” means a payment, sub

to participate in any such program. The chairscription, advance, forbearance, rendering, or

man of the Select Committee shall place in the deposit of money, services, or anything of Congressional Record a list of all individuals,* value, including food, lodging, transportation, or entertainment, and reimbursement for

2 See References in Text note below.

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*So in original. The comma probably should not appear.

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participating, the supervisors of such individuals where applicable; 5 and the nature and itinerary of such program.

(C) No Member, officer, or employee may accept funds in connection with participation in a program permitted under subparagraph (A) if such funds are not used for necessary food, lodging, transportation, and related expenses of the Member, officer, or employee. (b) Limits on domestic and foreign travel by Mem.

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

REFERENCES IN TEXT Section 102(a)(2)(A) of the Ethics in Government Act of 1978, referred to in subsec. (a)(2)(B), is section 102(a)(2)(A) of title I of Pub. L. 95-521, as amended. Section 102 was classified to section 702 of this title prior to the general amendment of title I of Pub. L. 95-521 by Pub. L. 101-194, title II, $ 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.

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 em. ployed 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".

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AMENDMENTS 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

EFFECTIVE DATE OF 1991 AMENDMENT 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 Organiza

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tion 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.)

tained by the Government in a condition appropriate for his use.

(b) Sections 31b-1 to 316-7 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 posi

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.

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8 31a-2b. Transfer of funds from appropriations ac

count of Majority and Minority Leaders of Senate to appropriations account for “Miscella

neous Items" within Senate contingent fund (a) Requests for transfers

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

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

The Secretary of the Senate is authorized to advance such sums as may be necessary to defray expenses incurred in carrying out subsections (a) and (b) of this section. (Pub. L. 102-27, title II, Apr. 10, 1991, 105 Stat. 144.)

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

TRANSFER OF FUNCTIONS Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Fi. nancial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 31b-1, 316-7 of this title.

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8 31b-1. Former Speakers of House of Representa

tives; retention of office, furniture, etc., in Congressional district following expiration of term as

Representative; exceptions (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 expi. ration 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 main

831b-7. Availability of entitlements of former Speak

er for 5 years 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 Repre

sentative in Congress. (Pub. L. 103-69, title I, $ 101A(a), Aug. 11, 1993, 107 Stat. 699.)

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8 40a. Deductions for delinquent indebtedness

TRANSFER OF FUNCTIONS 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.

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842. Postage
TRANSFER OF FUNCTIONS; ABOLITION OF OFFICE OF

POSTMASTER Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Fi. nancial Services and Office of Postmaster abolished by sections 2 and 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992.

TRANSFER OF MONEYS TO FUND BY SECRETARY OF THE

SENATE 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."

8 42c. Airmail and special delivery stamps for House Members and standing committees

TRANSFER OF FUNCTIONS 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.

8 46b-1. House revolving fund for stationery allow.

ances; disposition of moneys from stationery sales; availability of unexpended balances

CHANGE OF NAME Stationery room of House of Representatives redesignated Office Supply Service.

8 42d. Airmail and special delivery stamps for House Speaker, leaders, whips, and officers

ABOLITION OF OFFICE OF POSTMASTER Office of Postmaster of House of Representatives abolished by section 2 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. 8 43. Mileage of Senators

Each Senator shall receive mileage at the rate of 20 cents per mile, to be estimated by the nearest route usually traveled in going to and returning from each regular session.

8 469-1. Telephone allowances for House Members

for strictly official telephone service

TRANSFER OF FUNCTIONS Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Fi. nancial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992.

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