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TITLE 2--THE CONGRESS
Clause 5(d) of rule XI of the Rules House of Representatives shall not a any investigative subcommittee. (d) Adjudicatory subcommittees
The Committee on Standards of Offic duct shall adopt rules providing
(1) that upon the completion of an gation, an investigative subcommitte report its findings and recommendat the committee;
(2) that, if an investigative subcomm majority vote of its membership a statement of alleged violation, the rer members of the committee shall comp adjudicatory subcommittee to hold a nary hearing on the violation alleged statement;
(3) that any statement of alleged vi and any written response thereto s made public at the first meeting or on the matter which is open to the after the respondent has been given portunity to respond to the statemen cordance with committee rules, but, public hearing or meeting is held matter, the statement of alleged violati any written response thereto shall be ed in the committee's final report House of Representatives as requil clause 4(e)(1)(B) of rule X of the Rules House of Representatives;
(4) that a quorum for an adjudicato committee for the purpose of taking to ny and conducting any business shall of a majority of the membership of ti committee plus one; and
(5) that an adjudicatory subcommitte determine, after receiving evidence, w the counts in the statement have been
and shall report its findings to the comi Clause 5(d) of rule XI of the Rules House of Representatives shall not ap any adjudicatory subcommittee. (e) to (h) Omitted
8 29d. Committee on Standards of Official Conduct of
House of Representatives (a) Omitted
(b) Committee composition
The respective party caucus or conference of the House of Representatives shall each nominate to the House of Representatives at the beginning of each Congress 7 members to serve on the Committee on Standards of Official Conduct. (c) Investigative subcommittees
The Committee on Standards of Official Conduct shall adopt rules providing
(1) for the establishment of a 4 or 6member 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.
(i) Advice and education
(1) The Committee on Standards of C Conduct shall establish within the com an Office on Advice and Education (herei in this subsection referred to as the “O under the supervision of the chairman.
(2) The Office shall be headed by a di who shall be appointed by the chairm consultation with the ranking mi member, and shall be comprised of such st
the chairman determines is necessary to carry leased by a campaign committee of a Member of the out the responsibilities of the Office.
House of Representatives." (3) The primary responsibilities of the Office shall include:
RESTRICTIONS ON REIMBURSABLE TRAVEL EXPENSES (A) Providing information and guidance to
Section 805 of Pub. L. 101-194 provided that: Members, officers and employees of the
“(a) RESTRICTIONS.—The Committee on Standards of House regarding any laws, rules, regulations, Official Conduct of the House of Representatives shall and other standards of conduct applicable to amend its advisory opinions relating to the acceptance such individuals in their official capacities, of necessary travel expenses incurred on or after Janu. and any interpretations and advisory opinions
ary 1, 1990, in connection with speaking engagements of the committee.
and similar events to (B) Submitting to the chairman and rank
“(1) prohibit the acceptance of such expenses for ing minority member of the committee any
more than 4 consecutive days in the case of domestic
travel and 7 consecutive days (excluding travel days) written request from any such Member, offi
in the case of foreign travel; and cer or employee for an interpretation of ap
“(2) permit the acceptance of travel expenses for plicable laws, rules, regulations, or other
the spouse or other family member in connection standards of conduct, together with any rec- with any substantial participation event or fact-findommendations thereon.
ing activity. (C) Recommending to the committee for its "(b) EXEMPTION AUTHORITY.–The Committee on consideration formal advisory opinions of Standards of Official Conduct of the House of Repre. general applicability.
sentatives is authorized to grant prior written exemp(D) Developing and carrying out, subject to
tions from the limitations contained in subsection the approval of the chairman, periodic educa
(a)(1) in exceptional circumstances." tional briefings for Members, officers and employees of the House on those laws, rules, reg.
8 30a. Jury duty exemption of elected officials of leg.
islative branch ulations, or other standards of conduct applicable to them.
(a) Notwithstanding any other provision of (4) No information provided to the Commit
Federal, State or local law, no elected official of tee on Standards of Official Conduct by a
the legislative branch of the United States GovMember, officer or employee of the House of
ernment shall be required to serve on a grand Representatives when seeking advice regarding
or petit jury, convened by any Federal, State or prospective conduct of such Member, officer or
local court, whether such service is requested employee may be used as the basis for initiating by judicial summons or by some other means of an investigation under clause 4(e)(1)(B) of rule
compulsion. X of the Rules of the House of Representa
(b) “Elected official of the legislative branch" tives, if such Member, officer or employee acts shall mean each Member of the United States in accordance with the written advice of the House of Representatives, the Delegates from committee.
the District of Columbia, Guam, the American (j) Effective date
Virgin Islands, and American Samoa, and the
Resident Commissioner from Puerto Rico, and This section shall take effect immediately
each United States Senator. before noon January 3, 1991, except that subsections (g), (h), and (i) shall take effect on (Pub. L. 101-520, title III, § 310, Nov. 5, 1990, January 1, 1990.
104 Stat. 2278.) (Pub. L. 101-194, title VIII, § 803, Nov. 30, 1989,
CODIFICATION 103 Stat. 1774.)
Section is from the Legislative Branch AppropriaCODIFICATION
tions Act, 1991. Section is comprised of section 803 of Pub. L. 101-194. Subsecs. (a) and (e) to (h) of section 803
CHAPTER 3–COMPENSATION AND amended the Rules of the House of Representatives
ALLOWANCES OF MEMBERS which are not classified to the Code.
31-2. Gifts and travel. Section 801(e) of Pub. L. . 101-194 provided that:
(a) Gifts. “The Committee on Standards of Official Conduct of
(b) Limits on domestic and foreign travel the House of Representatives shall amend its advisory
by Members and staff of Senate. opinions relating to the acceptance of gifts (1) to pro
31a-2b. Transfer of funds from appropriations achibit lodging received as personal hospitality in excess
count of Majority and Minority Leaders of of 30 days in any calendar year from any individual
Senate to appropriations account for "Misunless a written waiver is granted by the committee
cellaneous Items" within Senate continand (2) to exempt gifts of food and beverages con
gent fund. sumed not in connection with gifts of lodging from
(a) Requests for transfers. coverage under clause 4 of rule XLIII of the Rules of the House of Representatives.”
(b) Authority to incur expenses.
(c) Authority to advance sums. NONCAMPAIGN USE OF CAMPAIGN VEHICLES
31b-7. Availability of entitlements of former SpeakSection 802(e) of Pub. L. 101-194 provided that:
er for 5 years. “The Committee on Standards of Official Conduct of 58a-4. Metered charges on copiers; “Sergeant at the House of Representatives shall issue an advisory
Arms" and "user" defined; certification of opinion to provide for appropriate conditions for the
services and equipment as official; deposit incidental noncampaign use of vehicles owned or
of payments; availability for expenditure.
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 Aug. 2, 1946.
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 official 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.
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”.
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.
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.
831. Compensation of Members of Congress
[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 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. (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, 82, 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,
8 529 [title I, $ 101(b)(4)(D)], 104 Stat. 1427, 1439.)
SALARY INCREASES 1994—Pub. L. 103-6, 87, 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.
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 bas 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.
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.
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title.
8 31-1. Repealed. Pub. L. 102-90, title I, 8 6(c), Aug.
14, 1991, 105 Stat. 451
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.
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,
8 31-2. Gifts and travel (a) Gifts
(1) No Member, officer, or employee of the Senate, or the spouse or dependent thereof, shall knowingly accept, directly or indirectly, any gift or gifts in any calendar year aggregating more than the minimal value as established by section 7342(a)(5) of title 5 or $250, whichever is greater · 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
2 See References in Text note below.
So in original. Probably should be capitalized. •So in original. The comma probably should not appear.
So in original. Probably should be followed by a comma.