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2 U.S.C. § 25 (THE CONGRESS)
§ 25. Oath of Speaker, Members, and Delegates
At the first session of Congress after every general election of Representatives, the oath of office shall be administered by any Member of the House of Representatives to the Speaker; and by the Speaker to all the Members and Delegates present, and to the Clerk, previous to entering on any other business; and to the Members and Delegates who afterward appear, previous to their taking their seats.
The Clerk of the House of Representatives of the Eightieth and each succeeding Congress shall cause the oath of office to be printed, furnishing two copies to each Member and Delegate who has taken the oath of office in accordance with law, which shall be subscribed in person by the Member or Delegate, who shall thereupon deliver them to the Clerk, one to be filed in the records of the House of Representatives, and the other to be recorded in the Journal of the House and in the Congressional Record; and such signed copies, or certified copies thereof, or of either of such records thereof, shall be admissible in evidence in any court of the United States, and shall be held conclusive proof of the fact that the signer duly took the oath of office in accordance with law.
(R.S. § 30; Feb. 18, 1948, ch. 53, 62 Stat. 20.)
heading: Editorial Notes
heading: Codification
text: R.S. § 30 derived from act June 1, 1789, ch. 1, § 2, 1 Stat. 23.
The last paragraph of this section, which permitted Members and Delegates of the House of Representatives of the Eightieth Congress to subscribe and deliver two signed copies of the printed oath of office at any time before the expiration of the Eightieth Congress, was omitted.
heading: Amendments
text: 1948—Act Feb. 18, 1948, added last two paragraphs to provide a way by which any Member of House of Representatives can establish by record evidence the fact that the Member took the oath of office and so became a Member.
2 U.S.C. § 25a (THE CONGRESS)
§ 25a. Delegate to House of Representatives from District of Columbia
(a) The people of the District of Columbia shall be represented in the House of Representatives by a Delegate, to be known as the “Delegate to the House of Representatives from the District of Columbia”, who shall be elected by the voters of the District of Columbia in accordance with the District of Columbia Election Act. The Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting, shall have all the privileges granted a Representative by section 6 of Article I of the Constitution, and shall be subject to the same restrictions and regulations as are imposed by law or rules on Representatives. The Delegate shall be elected to serve during each Congress.
(b) No individual may hold the office of Delegate to the House of Representatives from the District of Columbia unless on the date of his election—
(1) he is a qualified elector (as that term is defined in section 2(2) of the District of Columbia Election Act) of the District of Columbia;
(2) he is at least twenty-five years of age;
(3) he holds no other paid public office; and
(4) he has resided in the District of Columbia continuously since the beginning of the three-year period ending on such date.
He shall forfeit his office upon failure to maintain the qualifications required by this subsection.
(Pub. L. 91–405, title II, § 202, Sept. 22, 1970, 84 Stat. 848.)
heading: Editorial Notes
heading: References in Text
text: The District of Columbia Election Act, referred to in subsecs. (a) and (b)(1), is act Aug. 12, 1955, ch. 862, 69 Stat. 699, as amended, which is not classified to the Code.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 91–405, title II, § 206(b), Sept. 22, 1970, 84 Stat. 855, provided that: “This title and the amendments made by this title [enacting this section and section 25b of this title and amending section 2106 of Title 5, Government Organization and Employees, sections 4342, 6954, and 9342 of Title 10, Armed Forces, sections 201, 203, 204, 591, 594, and 595 of Title 18, Crimes and Criminal Procedure, and section 10307 of Title 52, Voting and Elections] shall take effect on the date of its enactment [Sept. 22, 1970].”
2 U.S.C. § 26 (THE CONGRESS)
§ 26. Roll of Representatives-elect
Before the first meeting of each Congress the Clerk of the next preceding House of Representatives shall make a roll of the Representatives-elect, and place thereon the names of those persons, and of such persons only, whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States. In case of a vacancy in the office of Clerk of the House of Representatives, or of the absence or inability of the Clerk to discharge the duties imposed on him by law or custom relative to the preparation of the roll of Representatives or the organization of the House, those duties shall devolve on the Sergeant at Arms of the next preceding House of Representatives.
(R.S. §§ 31–33; Pub. L. 104–186, title II, § 202(2), Aug. 20, 1996, 110 Stat. 1724.)
heading: Editorial Notes
heading: Codification
text: R.S. § 31 derived from acts Feb. 21, 1867, ch. 56, § 1, 14 Stat. 397 and Mar. 3, 1863, ch. 108, 12 Stat. 804.
R.S. §§ 32 and 33 derived from act Feb. 21, 1867, ch. 56, § 2, 14 Stat. 397.
R.S. § 31 constitutes first sentence; R.S. § 32 constitutes second sentence; and R.S. § 33 constituted the third sentence, prior to repeal by Pub. L. 104–186. See 1996 Amendment note below.
heading: Amendments
text: 1996—Pub. L. 104–186 struck out third sentence which read as follows: “In case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or of the absence or inability of both to act, the duties of the Clerk relative to the preparation of the roll of the House of Representatives or the organization of the House shall be performed by the Doorkeeper of the next preceding House of Representatives.” See Codification note above.
2 U.S.C. § 27 (THE CONGRESS)
§ 27. Change of place of meeting
Whenever Congress is about to convene, and from the prevalence of contagious sickness, or the existence of other circumstances, it would, in the opinion of the President, be hazardous to the lives or health of the members to meet at the seat of Government, the President is authorized, by proclamation, to convene Congress at such other place as he may judge proper.
(R.S. § 34.)
heading: Editorial Notes
heading: Codification
text: R.S. § 34 derived from act Apr. 3, 1794, ch. 17, 1 Stat. 353.
2 U.S.C. § 28 (THE CONGRESS)
§ 28. Parliamentary precedents of House of Representatives
(a) Periodic compilation; other useful materials; index digest; date of completion
The Parliamentarian of the House of Representatives, at the beginning of the fifth fiscal year following the completion and publication of the parliamentary precedents of the House authorized by the Legislative Branch Appropriation Act, 1966 (79 Stat. 270; Public Law 89–90), and at the beginning of each fifth fiscal year thereafter, shall commence the compilation and preparation for printing of the parliamentary precedents of the House of Representatives, together with such other materials as may be useful in connection therewith, and an index digest of such precedents and other materials. Each such compilation and preparation for printing of the parliamentary precedents of the House shall be completed by the close of the fiscal year immediately following the fiscal year in which such work is commenced.
(b) Form, number, and distribution of compilation
As so compiled and prepared, such precedents and other materials and index digest shall be printed on pages of such size, and in such type and format, as the Parliamentarian may determine and shall be printed in such numbers and for such distribution as may be provided by law enacted prior to printing.
(c) Appointment and compensation of personnel; utilization of services of personnel of Federal agencies
For the purpose of carrying out each such compilation and preparation, the Parliamentarian may—
(1) subject to the approval of the Speaker, appoint (as employees of the House of Representatives) clerical and other personnel and fix their respective rates of pay; and
(2) utilize the services of personnel of the Library of Congress and the Government Publishing Office.
(Pub. L. 91–510, title III, § 331, Oct. 26, 1970, 84 Stat. 1186; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)
heading: Editorial Notes
heading: References in Text
text: The Legislative Branch Appropriation Act, 1966, referred to in subsec. (a), is Pub. L. 89–90, July 27, 1965, 79 Stat. 265. For complete classification of this Act to the Code, see Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “Government Publishing Office” substituted for “Government Printing Office” in subsec. (c)(2) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
heading: Effective Date
text: Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.
2 U.S.C. § 28a (THE CONGRESS)
§ 28a. Compilation of the Precedents of House of Representatives; date of completion; biennial update; printing and availability of copies
The Speaker is authorized and directed to complete the Compilation of the Precedents of the House of Representatives by January 1, 1977, and prepare an updated compilation of such precedents every two years thereafter. Copies of the Compilation of Precedents shall be printed in sufficient quantity to be available to every Member and the standing committees of the House of Representatives.
(Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.)
heading: Editorial Notes
heading: Codification
text: Section is based on section 208 of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93–554.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 93–554 provided that the enactment of House Resolution No. 988, Ninety-third Congress, into permanent law is effective Jan. 2, 1975.
2 U.S.C. § 28b (THE CONGRESS)
§ 28b. Printing and binding as public document of Precedents of House of Representatives; number of sets authorized
(a) There shall be printed and bound as a public document two thousand sets of the Prec­edents of the House of Representatives compiled and prepared by Lewis Deschler (hereinafter in sections 28b to 28e of this title referred to as the “Precedents”) in accordance with the provisions of the Legislative Branch Appropriation Act, 1966 (Public Law 89–90; 79 Stat. 265).
(b) The number of sets authorized to be printed and bound by or pursuant to sections 28b to 28e of this title shall be in lieu of the usual number of copies for binding and distribution required by section 701 of title 44.
(Pub. L. 94–551, § 1, Oct. 18, 1976, 90 Stat. 2537.)
heading: Editorial Notes
heading: References in Text
text: The Legislative Branch Appropriation Act, 1966, referred to in text, is Pub. L. 89–90, July 27, 1965, 79 Stat. 265. For complete classification of this Act to the Code, see Tables.
2 U.S.C. § 28d (THE CONGRESS)
§ 28d. Distribution of Precedents by Director of the Government Publishing Office for official use; particular distribution; marking and ownership of sets
(a) The Director of the Government Publishing Office shall make the following distribution of sets of the Precedents;
(1) to each standing or joint committee of the Congress which is in existence on October 18, 1976, or which is established after October 18, 1976, four sets;
(2) to the office of the Legislative Counsel of the House of Representatives, five sets;
(3) to the office of the Legislative Counsel of the Senate, five sets;
(4) to the library of the House of Representatives, four sets;
(5) to the library of the Senate, two sets;
(6) to the library of the Supreme Court of the United States, nine sets;
(7) to the office of the Official Reporter of Debates of the House of Representatives, three sets; and
(8) to the office of the Official Reporter of Debates of the Senate, three sets.
(b) Each set of Precedents distributed by the Director of the Government Publishing Office under subsection (a) of this section shall be for official use. Each such set shall be legibly stamped on the front cover “Property of the United States Government.” Each such set, upon delivery, shall become and remain the property of the United States, and may not be removed from the building in which is located the designated library or office, as the case may be.
(Pub. L. 94–551, § 3, Oct. 18, 1976, 90 Stat. 2538; Pub. L. 113–235, div. H, title I, § 1301(d), Dec. 16, 2014, 128 Stat. 2537.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “Director of the Government Publishing Office” substituted for “Public Printer” in text on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents. Substitution was also made in section catchline that had been supplied editorially.
2 U.S.C. § 29 (THE CONGRESS)
§ 29. Condensed and simplified versions of House precedents; other useful materials in summary form; form and distribution to Members of Congress, Resident Commissioner from Puerto Rico, and others; appointment and compensation of personnel; utilization of services of personnel of Federal agencies
The Parliamentarian of the House of Representatives shall prepare, compile, and maintain on a current basis and in cumulative form, for each Congress commencing with the Ninety-third Congress a condensed and, insofar as practicable, up-to-date version of all of the parliamentary precedents of the House of Representatives which have current use and application in the House, together with informative text prepared by the Parliamentarian and other useful related material in summary form. The Parliamentarian shall have such matter printed for each Congress on pages of such size and in such type and format as he considers advisable to promote the usefulness of such matter to the Members of the House and shall provide a printed copy thereof to each Member in each Congress, including the Resident Commissioner from Puerto Rico, and may make such other distribution of such printed copies as he considers advisable. In carrying out this section, the Parliamentarian may appoint and fix the pay of personnel and utilize the services of personnel of the Library of Congress and the Government Publishing Office.
(Pub. L. 91–510, title III, § 332, Oct. 26, 1970, 84 Stat. 1186; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “Government Publishing Office” substituted for “Government Printing Office” in text on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
heading: Effective Date
text: Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.
(THE CONGRESS)
§§ 29b, 29c. Omitted
heading: Editorial Notes
heading: Codification
text: Section 29b, based on section 204 of House Resolution No. 988, Ninety-third Congress, Oct. 8, 1974, which was enacted into permanent law, effective Jan. 2, 1975, by Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777, established a Commission on Information and Facilities in House of Representatives to be composed of nine members of the House appointed by Speaker, required Speaker to appoint an Advisory Council to assist Commission in carrying out its functions, required Commission to conduct study of informational problems, facilities and space, and House legislative counsel requirements, provided for the scope of study of informational problems, and required Commission to make an annual progress report to Speaker, to complete study of House legislative counsel requirements by Jan. 1, 1976, and to submit a final report by Jan. 2, 1977.
Section 29c, based on clause 10, rule I, of the Rules of the House of Representatives as in effect before July 17, 1984, relating to the Office for the Bicentennial for the House of Representatives, established by House Resolution No. 621, Ninety-seventh Congress, Dec. 17, 1982, which was enacted into permanent law by Pub. L. 98–367, title I, § 102, July 17, 1984, 98 Stat. 479, established in House of Representatives an Office for the Bicentennial of the House of Representatives to coordinate planning of commemoration of two-hundredth anniversary of House of Representatives and to be staffed by a professional historian appointed by Speaker without regard to political affiliation and solely on basis of fitness to perform duties of the position and to serve at pleasure of Speaker, and provided that the Office cease to exist not later than Sept. 30, 1989, unless otherwise provided by law or resolution. Office of the Historian of the House of Representatives was established by clause 10, rule I, of the Rules of the House of Representatives, as added on Jan. 3, 1989 (H. Res. 5, 101st Congress).
2 U.S.C. § 30 (THE CONGRESS)
§ 30. Term of service of Members of Congress as trustees or directors of corporations or institutions appropriated for
In all cases where Members of Congress or Senators are appointed to represent Congress on any board of trustees or board of directors of any corporation or institution to which Congress makes any appropriation, the term of said Members or Senators, as such trustee or director, shall continue until the expiration of two months after the first meeting of the Congress chosen next after their appointment.
(Mar. 3, 1893, ch. 199, § 1, 27 Stat. 553.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 722 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1, Sept. 13, 1982, 96 Stat. 877.
2 U.S.C. § 30a (THE CONGRESS)
§ 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.)
heading: Editorial Notes
heading: Codification
text: Section is from the Legislative Branch Appropriations Act, 1991.
2 U.S.C. § 30b (THE CONGRESS)
§ 30b. Notice of objecting to proceeding
(a) In general
The Majority and Minority Leaders of the Senate or their designees shall recognize a notice of intent of a Senator who is a member of their caucus to object to proceeding to a measure or matter only if the Senator—
(1) following the objection to a unanimous consent to proceeding to, and, or passage of, a measure or matter on their behalf, submits the notice of intent in writing to the appropriate leader or their designee; and
(2) not later than 6 session days after the submission under paragraph (1), submits for inclusion in the Congressional Record and in the applicable calendar section described in subsection (b) the following notice:
“I, Senator ____, intend to object to proceedings to ____, dated ____ for the following reasons ____.”.
(b) Calendar
(1) In general
The Secretary of the Senate shall establish for both the Senate Calendar of Business and the Senate Executive Calendar a separate section entitled “Notice of Intent to Object to Proceeding”.
(2) Content
The section required by paragraph (1) shall include—
(A) the name of each Senator filing a notice under subsection (a)(2);
(B) the measure or matter covered by the calendar that the Senator objects to; and
(C) the date the objection was filed.
(3) Notice
A Senator who has notified their respective leader and who has withdrawn their objection within the 6 session day period is not required to submit a notification under subsection (a)(2).
(c) Removal
A Senator may have an item with respect to the Senator removed from a calendar to which it was added under subsection (b) by submitting for inclusion in the Congressional Record the following notice:
“I, Senator ____, do not object to proceed to ____, dated ____.”.
(Pub. L. 110–81, title V, § 512, Sept. 14, 2007, 121 Stat. 759.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 110–81, title V, § 556, Sept. 14, 2007, 121 Stat. 774, provided that: “Except as otherwise provided in this title [enacting this section, sections 4722, 4723, 4726, 4727, and 4728 of this title, and provisions set out as notes under this section and section 4726 of this title], this title shall take effect on the date of enactment of this title [Sept. 14, 2007].”
heading: Exercise of Rulemaking Powers
text: Pub. L. 110–81, title V, § 555, Sept. 14, 2007, 121 Stat. 774, provided that:
“The Senate adopts the provisions of this title [see Effective Date note above]—
“(1) as an exercise of the rulemaking power of the Senate; and
“(2) with full recognition of the constitutional right of the Senate to change those rules at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.”
2 U.S.C. § 31 (THE CONGRESS)
§ 31. Transferred
heading: Editorial Notes
heading: Codification
text: Section 31 was editorially reclassified as section 4501 of this title.
heading: Prior Provisions
text: 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.
heading: Statutory Notes and Related Subsidiaries
heading: Appropriation of Funds for Compensation of Members of Congress and for Administrative Expenses at Levels Authorized by Law and Recommended by the President for Federal Employees
text: Pub. L. 97–51, § 130(c), Oct. 1, 1981, 95 Stat. 966, which related to appropriation of funds for compensation of Members of Congress and for administrative expenses at levels authorized by law and recommended by the President for Federal employees, was editorially reclassified as section 4502 of this title.
heading: Commission on Judicial and Congressional Salaries
text: Act Aug. 7, 1953, ch. 353, 67 Stat. 485, which established a Commission to determine appropriate rates of salaries for justices and judges of courts of United States and for Vice President, Speaker of House of Representatives, and Members of Congress, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 657.