CHAPTER 2.-ORGANIZATION OF CONGRESS

Sec.
29a.

29b.

The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat. R.S. § 28.

When a President of the Senate has not taken the oath of office, it shall be administered to him by any Member of the Senate.

Presiding officer of Senate may administer oaths

The presiding officer, for the time being, of the Senate of the United States, shall have power to administer all oaths and affirmations that are or may be required by the Constitution, or by law, to be taken by any Senator, officer of the Senate, witness, or other person, in respect to any matter within the jurisdiction of the Senate.

Apr. 18, 1876, c. 66, § 1, 19 Stat. 34.

§ 24. Secretary of Senate or assistant secretary may administer oaths The Secretary of the Senate, and the assistant secretary thereof, shall, respectively, have power to administer any oath or affirmation required

by law, or by the rules or orders of the Senate, to be taken by any officer of the Senate, and to any witness produced before it.

As amended July 9, 1971, Pub. L. 92-51, § 101, 85 Stat. 125.

Change of Name. The assistant secretary of the Senate deemed the successor in references to the chief clerk of the Senate

in all laws, rules, resolutions,

and orders, effective July 1, 1971, under provisions of Pub. L. 92-51, set out as section 61a-7 of this title.

§ 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. As amended Feb. 18, 1948, c. 53, 62 Stat. 20.

Library references: United States C7, 17; Codification. The last paragraph of this section, which permitted Members and Delegates of the House 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, is omitted as executed.

1948 Amendment. Act Feb. 18, 1948. cited to text, amended section by adding last two paragraphs to provide a way by which any Member of the House of Representatives can establish by record evidence the fact that he took the oath of office and so became a member.

Delegate from District of Columbia; Effective Date. Pub. L. 91-405. Title II, § 201(a), Sept. 22, 1970. 84 Stat. 852, provided that:

"(a) The provisions of law which appear in

"(1) section 25 [this section] (relating to oath of office),

"(2) section 31 (relating to compensation),

"(3) section 34 (relating to payment of compensation),

"(4) section 35 (relating to payment of compensation),

"(5) section 37 (relating to payment of compensation),

"(6) section 38a (relating to compensation),

"(7) section 39 (relating to deductions for absence),

"(8) section 40 (relating to deductions for withdrawal),

"(9) section 40a (relating to deductions for delinquent indebtedness),

"(10) section 41 (relating to prohibition on allowance for newspapers),

"(11) section 42c (relating to postage allowance),

"(12) section 46b (relating to stationery allowance),

"(13) section 46b-1 (relating to stationery allowance),

C.J.S. United States §§ 9, 10, 24, 25.

"(14) section 46b-2 (relating to stationery allowance),

"(15) section 46g (relating to telephone, telegraph, and radio-telegraph allowance),

"(16) section 47 (relating to payment of compensation),

"(17) section 48 (relating to payment of compensation),

"(18) section 49 (relating to payment of compensacion),

"(19) section 50 (relating to payment of compensation).

"(20) section 54 (relating to provision of United States Code Annotated or Federal Code Annotated),

"(21) section 60g-1 (relating to clerk hire),

"(22) section 60g-2(a) (relating to interns),

"(23) section 80 (relating to payment of compensation),

"(24) section 81 (relating to payment of compensation),

"(25) section 82 (relating to payment of compensation),

"(26) section 92 (relating to clerk hire),

"(27) section 92b (relating to pay of clerical assistants),

"(28) section 112e

(relating to electrical and mechanical office equipment), "(29) section 122 (relating to office space in the District of Columbia), and "(30) section 123b (relating to use of House Recording Studio),

of title 2 of the United States Code [this title] shall apply with respect to the Delegate to the House of Representatives from the District of Columbia in the same manner and to the same extent as they apply with respect to a Representative. The Federal Corrupt Practices Act [chapter 8 of this title; see, also, section 602 of Title 18] and the Federal Contested Election Act [chapter 12 of this title] shall apply with respect to the Delegate to the House of Representatives from the District of

Columbia in the same manner and to the same extent as they apply with respect to a Representative."

Section 206(b) of Pub. L. 91-405 provided in part that section 204(a) of Pub. L. 91405 and amendments of section 2106 of Title 5, sections 4342(a) (5), 6954(a) (5), and 9342(a) (5) of Title 5, sections 201(a). 203 (a) (1), (b), 204, 591, 594, and 595 of Title 18, and section 19731(c) of Title 42 shall take effect on Sept. 22, 1970.

Delegates from Guam and Virgin Islands. Provisions respecting representation in Congress by a Delegate from Guam and Virgin Islands to the House of Representatives, see section 1711 et seq. of Title 48, Territories and Insular Possessions.

§ 26. Koll of Representatives-elect

Legislative History. For legislative history and purpose of Act Feb. 14, 1948, cited to text. see 1948 U.S.Code Cong. Service. p. 1048.

Before the first meeting of each Congress the Clerk of the next preceding House of Representatives shall make a roll of the Representativeselect, and place thereon the names of these 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. 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. R.S. §§ 31, 32, 33.

§ 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.

§ 28. Parliamentary precedents of House of Representatives-Periodic compilation; other useful materials; index digest; date of completion

(a) The Parliamentarian of the House of Representatives, at the beginning of 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.

Form, number, and distribution of compilation

(b) 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.

Appointment and compensation of personnel; utilization of services

of personnel of Federal agencies

(c) 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 Printing Office.

Pub. L. 91-510, Title III, § 331, Oct. 26, 1970, 84 Stat. 1186.

References in Text. Legislative Branch Appropriation Act, 1966 (79 Stat. 270; Public Law 89-90), referred to in subsec. (a), is classified in part in the Code to sections 42a, 43b, 53, 61h, 72a-3, 126–1, 126b, and 127 of this title, section 166a of Title 40, and section 6a-1 of Title 41, was formerly classified to sections 46c, 46d, and 46d-2 of this title, and is classified as notes under sections 60a, 61c, and 127 of this title.

§ 28a.

Effective Date. Section effective immediately prior to noon on Jan. 3, 1971, see section 601 (1) of Pub. L. 91-510, set out as a note under section 72a of this title.

Legislative History. For legislative history and purpose of Pub. L. 91-510, see 1970 U.S.Code Cong. and Adm.News p. 4417.

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, § 101, Dec. 27, 1974, 88 Stat. 1777.

Codification. Section is based on section 208 of House Resolution No. 988. Oct. 8, 1974, which was enacted into permanent law by Pub. L. 93-554.

§ 28b.

Effective Date. Section 101 of Pub. L. 93-554 provided in part that the enactment of House Resolution No. 988, Ninety-third Congress, into permanent law is effective on Jan. 2, 1975. This section is derived from enactment into permanent law of section 208 of House Res. No. 988.

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.

(b) The number of sets authorized to be printed and bound by or pursuant to this joint resolution 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.

References in Text. The Legislative Branch Appropriation Act, 1966, referred to in text, is Pub. L. 89-90, July 27, 1965,

§ 28c.

79 Stat. 265. For distribution in the Code

of such Act, see Tables volume.

Distribution of Precedents by Public Printer-Delivery to Members of Ninety-fifth Congress; marking of volumes

(a) The Public Printer shall deliver one set of the Precedents to each Senator or Representative in, or Delegate or Resident Commissioner to, the Ninety-fifth Congress. The name of the Member to whom the set is delivered shall be legibly stamped on the front cover of each volume of the set.

Members of Congress following Ninety-fifth Congress not already
having sets of Precedents; necessity of written request
to Superintendent of Documents for set

(b) Each Senator or Representative in, or Delegate or Resident Commissioner to, each Congress following the Ninety-fifth Congress who has not theretofore received a set of the Precedents shall be entitled to re

ceive one set of the Precedents, upon transmitting a written request for such set to the Superintendent of Documents.

Additional distribution of sets

(c) The Public Printer shall make the following distribution of sets of the Precedents:

(1) to the office of the Vice President, to the office of the speaker of the House of Representatives, and to the office of the President pro tempore of the Senate, each, five sets;

(2) to the office of the majority leader of the House of Representatives and to the office of the minority leader of the House of Representatives, each, three sets;

(3) to the Parliamentarian of the House of Representatives, sixty sets;

(4) to the Parliamentarian of the Senate, five sets;

(5) to the Clerk of the House of Representatives, to the Sergeant at Arms of the House of Representatives, and to the Doorkeeper of the House of Representatives, each, two sets;

(6) to the Secretary of the Senate and to the Sergeant at Arms of the Senate, each, two sets;

(7) to the superintendent of the House document room, two sets; (8) to the superintendent of the Senate document room, two sets;

(9) to the Library of Congress, for international exchange and for official use in Washington, District of Columbia, one hundred and fifty sets;

(10) to the National Archives, three sets;

(11) to the government of the District of Columbia, twelve sets; (12) to the Smithsonian Institute, two sets;

(13) to the library of each legislative branch of each State, territory, and possession of the United States, one set; and

(14) to the Superintendent of Documents, eight hundred and sixteen sets for distribution to the depository library system. Pub. L. 94-551, § 2, Oct. 18, 1976, 90 Stat. 2537.

§ 28d. Distribution of Precedents by Public Printer for official use; particular distribution; marking and ownership of sets

(a) The Public Printer 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 Public Printer under subsection (a) of this section shall be for official use. Each such set