2 U.S.C. § 5305 — Disposition of unpaid salary and other

Page 597 TITLE 2—THE CONGRESS § 5308 § 5305. Disposition of unpaid salary and other sums on death of Representative or Resident Commissioner When any individual who has been elected a Member of, or Resident Commissioner to, the House of Representatives dies after the com- mencement of the Congress to which he has been elected, any unpaid balance of salary and other sums due such individual shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and such payment shall be a bar to the recovery by any other person of amounts so paid: First, to the beneficiary or beneficiaries des- ignated by such individual in writing to receive such unpaid balance and other sums due filed with the Chief Administrative Officer of the House of Representatives and received by the Chief Administrative Officer prior to such indi- vidual’s death; Second, if there be no such beneficiary, to the widow or widower of such individual; Third, if there be no beneficiary or surviving spouse, to the child or children of such indi- vidual, and descendants of deceased children, by representation; Fourth, if none of the above, to the parents of such individual, or the survivor of them; Fifth, if there be none of the above, to the duly appointed legal representative of the estate of the deceased individual, or if there be none, to the person or persons determined to be entitled thereto under the laws of the domicile of the de- ceased individual. (July 2, 1954, ch. 455, title I, § 105, 68 Stat. 409; Pub. L. 86–102, July 23, 1959, 73 Stat. 224; Pub. L. 104–186, title II, § 203(5), Aug. 20, 1996, 110 Stat. 1725.) Editorial Notes CODIFICATION Section was formerly classified to section 38a of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1996—Pub. L. 104–186 struck out ‘‘(including amounts held in the trust fund account in the office of the Ser- geant at Arms)’’ after ‘‘due such individual’’ in first un- designated par. and substituted ‘‘Chief Administrative Officer of the House of Representatives and received by the Chief Administrative Officer’’ for ‘‘Sergeant at Arms, and received by the Sergeant at Arms’’ in second undesignated par. 1959—Pub. L. 86–102 inserted provisions including amounts held in trust fund account, authorizing an in- dividual to designate a beneficiary or beneficiaries, and prescribing order of precedence in cases where no des- ignation of beneficiary has been made. § 5306. Deductions for absence The Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives) shall de- duct from the monthly payments (or other peri- odic payments authorized by law) of each Mem- ber or Delegate the amount of his salary for each day that he has been absent from the House, unless such Member or Delegate assigns as the reason for such absence the sickness of himself or of some member of his family. (R.S. § 40; Pub. L. 97–51, § 112(d), Oct. 1, 1981, 95 Stat. 963; Pub. L. 104–186, title II, § 203(7), Aug. 20, 1996, 110 Stat. 1726; Pub. L. 109–55, title I, § 5, Aug. 2, 2005, 119 Stat. 568.) Editorial Notes CODIFICATION Section was formerly classified to section 39 of this title prior to editorial reclassification and renumbering as this section. R.S. § 40 derived from act Aug. 16, 1856, ch. 123, § 6, 11 Stat. 49. AMENDMENTS 2005—Pub. L. 109–55 struck out ‘‘Secretary of the Sen- ate and the’’ before ‘‘Chief Administrative Officer’’, ‘‘, respectively,’’ before ‘‘shall deduct from’’, ‘‘, respectively’’ before ‘‘, unless such Member’’, and ‘‘Senate or’’ after ‘‘absent from the’’. 1996—Pub. L. 104–186 substituted ‘‘the Chief Adminis- trative Officer of the House of Representatives (upon certification by the Clerk of the House of Representa- tives)’’ for ‘‘Sergeant-at-Arms of the House’’. 1981—Pub. L. 97–51 substituted ‘‘from the monthly payments (or other periodic payments authorized by law)’’ for ‘‘from the monthly payments’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–51 effective in the case of compensation payable for months after December 1981, see section 112(e) of Pub. L. 97–51, set out as a note under section 6301 of this title. § 5307. Certification of salary and mileage ac- counts Salary and mileage accounts of Representa- tives and Delegates shall be certified by the Speaker of the House of Representatives; and such certificates shall be conclusive upon all the departments and officers of the Government. (R.S. §§ 47, 48; Pub. L. 108–447, div. G, title I, § 11, Dec. 8, 2004, 118 Stat. 3171.) Editorial Notes CODIFICATION Section was formerly classified to section 48 of this title prior to editorial reclassification and renumbering as this section. R.S. § 47 derived from acts July 28, 1866, ch. 296, § 17, 14 Stat. 323, and Jan. 22, 1818, ch. 5, § 3, 3 Stat. 404. R.S. § 48 derived from act Sept. 30, 1850, ch. 90, § 1, 9 Stat. 523. R.S. § 47 constitutes first clause and R.S. § 48 con- stitutes remainder. Words ‘‘mileage accounts’’ substituted for words ‘‘ac- counts for traveling expenses in going to and returning from Congress’’ based on text of section 17 of act July 28, 1866, ch. 296, 14 Stat. 323. AMENDMENTS 2004—Pub. L. 108–447 substituted ‘‘of Representatives and Delegates shall be certified’’ for ‘‘of Senators shall be certified by the President of the Senate, and those of Representatives and Delegates’’. § 5308. Substitute to sign certificates for salary and accounts The Speaker is authorized to designate from time to time some one from among those ap- pointed by him and appropriated for and em-