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Title 2 — The Congress

Chapter 53 — House of Representatives Members

§ 5306. Deductions for absence

Statutory text

The Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives) shall deduct from the monthly payments (or other periodic payments authorized by law) of each Member 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. R.S. § 40

    Enacted · 2 U.S.C. § 5306

    R.S. § 40

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code source credit
    R.S. § 40

  2. Pub. L. 97–51 § 112(d) · 95 Stat. 958

    Substituted · 2 U.S.C. § 5306

    Pub. L. 97–51 substituted “from the monthly payments (or other periodic payments authorized by law)” for “from the monthly payments”

    Source evidence

    Code amendment note
    Pub. L. 97–51 substituted “from the monthly payments (or other periodic payments authorized by law)” for “from the monthly payments”.

    Enacted provision · exact public law section
    (d) Section 40 of the Revised Statutes (2 U.S.C. 39) is amended by inserting “(or other periodic payments authorized by law)” immediately after “monthly payments”.

    Effective date note
    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.

  3. House of Representatives Administrative Reform Technical Corrections Act

    Pub. L. 104–186 title II § 203(7) · 110 Stat. 1718

    Substituted · 2 U.S.C. § 5306

    Pub. L. 104–186 substituted “the Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives)” for “Sergeant-at-Arms of the House”

    Source evidence

    Code amendment note
    Pub. L. 104–186 substituted “the Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives)” for “Sergeant-at-Arms of the House”.

    Enacted provision · exact public law section
    (7) Section 40 of the Revised Statutes of the United States (2 U.S.C. 39) is amended by striking out “Sergeant-at-Arms of the House” and inserting in lieu thereof “the Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives)”.

  4. Pub. L. 109–55 title I § 5 · 119 Stat. 565

    Struck · 2 U.S.C. § 5306

    Pub. L. 109–55 struck out “Secretary of the Senate and the” before “Chief Administrative Officer”, “, respectively,” before “shall deduct from”, “, respectively” before “, unless such Member”, and “Senate or” after “absent from the”

    Source evidence

    Code amendment note
    Pub. L. 109–55 struck out “Secretary of the Senate and the” before “Chief Administrative Officer”, “, respectively,” before “shall deduct from”, “, respectively” before “, unless such Member”, and “Senate or” after “absent from the”.

    Enacted provision · exact public law section
    Sec. 5. Absences. Section 40 of the Revised Statutes (2 U.S.C. 39) is amended by— (1) striking “Secretary of the Senate and the”; (2) striking “, respectively, shall” and inserting “shall”; (3) striking “Senate or”; and (4) striking “, respectively, unless” and inserting “, unless”.

3 of 4 references resolved to an enrolled provision · 1 unresolved

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.

Amendments1981–2005 · 3 rounds

2005

Pub. L. 109–55 struck out “Secretary of the Senate 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 Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives)” 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.

Credits

1981–2005 · 4 acts
  1. R.S. § 40
  2. 1981Pub. L. 97–51, § 112(d), , 95 Stat. 963
  3. 1996Pub. L. 104–186, title II, § 203(7), , 110 Stat. 1726
  4. 2005Pub. L. 109–55, title I, § 5, , 119 Stat. 568.
Show as published

(R.S. § 40; Pub. L. 97–51, § 112(d), , 95 Stat. 963; Pub. L. 104–186, title II, § 203(7), , 110 Stat. 1726; Pub. L. 109–55, title I, § 5, , 119 Stat. 568.)

Parsed from the official OLRC USLM XML in data/usc_all/usc02.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t2/s5306