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.

Page 5

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

(d) Adjudicatory subcommittees

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

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

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

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

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

(5) that an adjudicatory subcommittee shall determine, after receiving evidence, whether the counts in the statement have been proved and shall report its findings to the committee. Clause 5(d) of rule XI of the Rules of the House of Representatives shall not apply to any adjudicatory subcommittee.

(e) to (h) Omitted

(i) Advice and education

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

(2) The Office shall be headed by a director who shall be appointed by the chairman, in consultation with the ranking minority member, and shall be comprised of such staff as

the chairman determines is necessary to carry out the responsibilities of the Office.

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

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

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

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

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

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

(j) Effective date

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

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

CODIFICATION

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

ACCEPTANCE OF GIFTS; AMENDMENTS TO ADVISORY

OPINIONS

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

NONCAMPAIGN USE OF CAMPAIGN VEHICLES Section 802(e) of Pub. L. 101-194 provided that: "The Committee on Standards of Official Conduct of the House of Representatives shall issue an advisory opinion to provide for appropriate conditions for the incidental noncampaign use of vehicles owned or

leased by a campaign committee of a Member of the House of Representatives."

RESTRICTIONS ON REIMBURSABLE TRAVEL EXPENSES Section 805 of Pub. L. 101-194 provided that:

"(a) RESTRICTIONS.-The Committee on Standards of Official Conduct of the House of Representatives shall amend its advisory opinions relating to the acceptance of necessary travel expenses incurred on or after January 1, 1990, in connection with speaking engagements and similar events to

"(1) prohibit the acceptance of such expenses for more than 4 consecutive days in the case of domestic travel and 7 consecutive days (excluding travel days) in the case of foreign travel; and

"(2) permit the acceptance of travel expenses for the spouse or other family member in connection with any substantial participation event or fact-finding activity.

"(b) EXEMPTION AUTHORITY.-The Committee on Standards of Official Conduct of the House of Representatives is authorized to grant prior written exemptions from the limitations contained in subsection (a)(1) in exceptional circumstances."

§ 30a. Jury duty exemption of elected officials of legislative branch

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

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

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

CODIFICATION

Section is from the Legislative Branch Appropriations Act, 1991.

Sec.

31-1.

31-2.

31a-2b.

31b-7.

58a-4.

CHAPTER 3-COMPENSATION AND ALLOWANCES OF MEMBERS

Repealed.

Gifts and travel.

(a) Gifts.

(b) Limits on domestic and foreign travel by Members and staff of Senate. Transfer of funds from appropriations account of Majority and Minority Leaders of Senate to appropriations account for "Miscellaneous Items" within Senate contingent fund.

(a) Requests for transfers.

(b) Authority to incur expenses. (c) Authority to advance sums. Availability of entitlements of former Speaker for 5 years.

Metered charges on copiers; "Sergeant at Arms" and "user" defined; certification of services and equipment as official; deposit of payments; availability for expenditure.

Sec. 58c-1.

59e.

59f.

59g.

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 official 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 tabulations.

Mass mailing of information by Senators under frank; quarterly registration with Secretary of Senate.

§ 31. 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, § 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.)

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.

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.

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.

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.

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

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

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.

§ 31-1. Repealed. Pub. L. 102-90, title I, § 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.

§ 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

1 So in original. Probably should be followed by a comma.

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 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.

participating, the supervisors of such individuals where applicable; 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 Members 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.

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

'So in original. The semicolon probably should be a comma.

former par. (1) which read as follows: "No Member, officer, or employee of the Senate, or the spouse or dependent thereof, shall knowingly accept, directly or indirectly, any gift or gifts having an aggregate value exceeding $100 during a calendar year directly or indirectly from any person, organization, or corporation having a direct interest in legislation before the Congress or from any foreign national unless, in an unusual case, a waiver is granted by the Select Committee on Ethics."

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

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

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

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

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

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

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

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

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

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