2 USC 4578 - Restriction on payment of dual compensation by Secretary of Senate

Collapse to view only § 4578. Restriction on payment of dual compensation by Secretary of Senate

§ 4571. Senate pay adjustments; action by President pro tempore of Senate
§ 4572. Rates of compensation paid by Secretary of Senate; applicability of Senate pay adjustments by President pro tempore of Senate
§ 4573. Senate pay adjustments; action by President pro tempore of Senate
§ 4574. Limit on rate of compensation of Senate officers and employees
§ 4575. Gross rate of compensation of employees paid by Secretary of Senate
§ 4575a. Change in maximum rates of pay for statutory employees
§ 4576. Availability of appropriated funds for payment to an individual of pay from more than one position; conditions
§ 4577. Availability of appropriations during first three months of any fiscal year for aggregate of payments of gross compensation made to employees from Senate appropriation account for “Salaries, Officers and Employees”
§ 4578. Restriction on payment of dual compensation by Secretary of Senate
§ 4579. Student loan repayment program for Senate employees
§ 4580. Lump sum payment for accrued annual leave of Senate employees
§ 4581. Aggregate gross compensation of employee of Senator of State with population under 5,000,000

§ 4571. Senate pay adjustments; action by President pro tempore of Senate

(a) Each time the President adjusts the rates of pay of employees under section 5303 of title 5 (or section 5304 or 5304a of such title, as applied to employees employed in the pay locality of the Washington, D.C.-Baltimore, Maryland consolidated metropolitan statistical area) the President pro tempore of the Senate shall, as he considers appropriate—

(1)

(A) adjust the rates of pay of personnel whose pay is disbursed by the Secretary of the Senate, and any minimum or maximum rate applicable to any such personnel;

(B) in the case of such personnel appointed to positions for which the rates of pay for the particular positions were fixed by or pursuant to law at specific rates on the day before the effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020, adjust such rates; and

(C) in the case of such personnel appointed to positions for which the maximum rates of pay for the particular positions were fixed by or pursuant to law on the day before such effective date, adjust such maximum rates; and

(2) adjust any limitation or allowance applicable to such personnel;

by percentages which are equal or equivalent, insofar as practicable, to the percentages of the adjustments made by the President under such section 5303 (and, as the case may be, section 5304 or 5304a of such title, as applied to employees employed in the pay locality of the Washington, D.C.-Baltimore, Maryland consolidated metropolitan statistical area) for corresponding rates of pay for employees subject to the General Schedule contained in section 5332 of such title, subject to section 4575(f) of this title. Such rates, limitations, and allowances adjusted by the President pro tempore shall become effective on the first day of the month in which any adjustment becomes effective under such section 5303 or section 3(c) of this Act.

(b) The adjustments made by the President pro tempore shall be made in such manner as he considers advisable and shall have the force and effect of law.

(c) Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action.

(d) Any percentage used in any statute specifically providing for an adjustment in rates of pay in lieu of an adjustment made under section 5303 of title 5 and, as the case may be, section 5304 or 5304a of such title for any calendar year shall be treated as the percentage used in an adjustment made under such section 5303, 5304, or 5304a, as applicable, for purposes of subsection (a).

(e) For purposes of this section, the term “personnel” does not include any Senator.

(Pub. L. 91–656, § 4, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 92–298, § 3(a), May 17, 1972, 86 Stat. 146; Pub. L. 92–392, § 14(a), Aug. 19, 1972, 86 Stat. 575; Pub. L. 94–82, title II, § 204(d), Aug. 9, 1975, 89 Stat. 422; Pub. L. 100–202, § 101(i) [title III, § 311(a), (b)], Dec. 22, 1987, 101 Stat. 1329–290, 1329–310; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(4)(E)], Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. L. 106–554, § 1(a)(2) [title I, § 2], Dec. 21, 2000, 114 Stat. 2763, 2763A–96; Pub. L. 116–94, div. E, title II, § 212(a)(2)(A), Dec. 20, 2019, 133 Stat. 2774; Pub. L. 117–103, div. I, title II, § 213(a)(2)(A), Mar. 15, 2022, 136 Stat. 527.)

§ 4572. Rates of compensation paid by Secretary of Senate; applicability of Senate pay adjustments by President pro tempore of Senate

No provision of this Act or of any Act enacted after October 1, 1976, which specifies a rate of compensation (including a maximum rate) for any position or employee whose compensation is disbursed by the Secretary of the Senate shall, unless otherwise specifically provided therein, be construed to affect the applicability of section 4571 of this title to such rate.

(Pub. L. 94–440, title I, § 107, Oct. 1, 1976, 90 Stat. 1444.)

§ 4573. Senate pay adjustments; action by President pro tempore of Senate

(a) Whenever, after November 5, 1990, there is an adjustment in rates of pay for Senators (other than an adjustment which occurs by virtue of an adjustment under section 5303 of title 5 in rates of pay under the General Schedule), the President pro tempore of the Senate may, notwithstanding any other provision of law, rule, or regulation, adjust the rate of pay (and any minimum or maximum rate, limitation, or allowance) applicable to personnel whose pay is disbursed by the Secretary of the Senate (including such personnel appointed to positions for which the specific amount of the rate of pay for the particular position is fixed by statute on the day before the effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020 and such personnel appointed to positions for which the maximum rates of pay for the particular positions were fixed by or pursuant to law on the day before such effective date), subject to section 4575(f) of this title.

(b) Adjustments made by the President pro tempore under this section shall be made in such manner as he considers advisable and shall have the force and effect of law.

(Pub. L. 101–520, title III, § 315, Nov. 5, 1990, 104 Stat. 2283; Pub. L. 102–90, title III, § 308, Aug. 14, 1991, 105 Stat. 466; Pub. L. 116–94, div. E, title II, § 212(a)(2)(B), Dec. 20, 2019, 133 Stat. 2775; Pub. L. 117–103, div. I, title II, § 213(a)(2)(B), Mar. 15, 2022, 136 Stat. 527.)

§ 4574. Limit on rate of compensation of Senate officers and employees

No officer or employee of the Senate shall receive pay for any services performed by him at any rate higher than that provided for the office or employment to which he has been regularly appointed.

(Aug. 5, 1882, ch. 390, § 1, 22 Stat. 270.)

§ 4575. Gross rate of compensation of employees paid by Secretary of Senate

(a) Annual rate; certification

(1) Whenever the rate of compensation of any employee whose compensation is disbursed by the Secretary of the Senate is fixed or adjusted on or after October 1, 1980, such rate as so fixed or adjusted shall be at a single whole dollar per anspan gross rate and may not include a fractional part of a dollar.

(2) New or changed rates of compensation (other than changes in rates which are made by law) of any such employee (other than an employee who is an elected officer of the Senate) shall be certified in writing to the Disbursing Office of the Senate (and, for purposes of this paragraph, a new rate of compensation refers to compensation in the case of an appointment, transfer from one Senate appointing authority to another, or promotion by an appointing authority to a position the compensation for which is fixed by law). In the case of an appointment or other new rate of compensation, the certification must be received by such office on or before the day the rate of new compensation is to become effective. In any other case, the changed rate of compensation shall take effect on the first day of the month in which such certification is received (if such certification is received within the first ten days of such month), on the first day of the month after the month in which such certification is received (if the day on which such certification is received is after the twenty-fifth day of the month in which it is received), and on the sixteenth day of the month in which such certification is received (if such certification is received after the tenth day and before the twenty-sixth day of such month). Notwithstanding the preceding sentence, if the certification for a changed rate of compensation for an employee specifies an effective date of such change, such change shall become effective on the date so specified, but only if the date so specified is the first or sixteenth day of a month and is after the effective date prescribed in the preceding sentence; and, notwithstanding such sentence and the preceding provisions of this sentence, any changed rate of compensation for a new employee or an employee transferred from one appointing authority to another shall take effect on the date of such employee’s appointment or transfer (as the case may be) if such date is later than the effective date for such changed rate of compensation as prescribed by such sentence.

(b) Conversion; increase in compensation

(d) Compensation of employees in office of Senator; limitation; titles of positions

(1)

(A) Except as is otherwise provided in subparagraphs (B) and (C), the aggregate of gross compensation paid employees in the office of a Senator shall not exceed during each fiscal year the following: 1

1 See Codification note below.

$1,518,333 if the population of the State is less than 5,000,000;$1,573,297 if such population is 5,000,000 but less than 6,000,000;$1,628,265 if such population is 6,000,000 but less than 7,000,000;$1,683,230 if such population is 7,000,000 but less than 8,000,000;$1,738,197 if such population is 8,000,000 but less than 9,000,000;$1,793,161 if such population is 9,000,000 but less than 10,000,000;$1,848,130 if such population is 10,000,000 but less than 11,000,000;$1,903,096 if such population is 11,000,000 but less than 12,000,000;$1,958,061 if such population is 12,000,000 but less than 13,000,000;$2,013,027 if such population is 13,000,000 but less than 14,000,000;$2,122,960 if such population is 15,000,000 but less than 16,000,000;$2,177,928 if such population is 16,000,000 but less than 17,000,000;$2,232,894 if such population is 17,000,000 but less than 18,000,000;$2,268,057 if such population is 18,000,000 but less than 19,000,000;$2,303,224 if such population is 19,000,000 but less than 20,000,000;$2,338,391 if such population is 20,000,000 but less than 21,000,000;$2,373,558 if such population is 21,000,000 but less than 22,000,000;$2,408,725 if such population is 22,000,000 but less than 23,000,000;$2,443,891 if such population is 23,000,000 but less than 24,000,000;$2,479,054 if such population is 24,000,000 but less than 25,000,000;$2,514,218 if such population is 25,000,000 but less than 26,000,000;$2,549,387 if such population is 26,000,000 but less than 27,000,000;$2,584,552 if such population is 27,000,000 but less than 28,000,000; and$2,619,720 if such population is 28,000,000 or more.(I) the population of such State (as determined for purposes of this paragraph) for the preceding fiscal year; or(II) the population of such State as of the first day of such fiscal year, as determined by the latest census (provisional or otherwise) conducted prior to such first day by the Bureau of the Census within the Department of Commerce.

For any fiscal year, the population of a State shall be deemed to be whichever of the following is the higher:

If the population of any State, as determined under the preceding sentence, is not evenly divisible by 1,000,000, the population of such State shall be deemed to be increased to the next higher multiple of 1,000,000.

If, for any period after a fiscal year has begun, the census figures of the most recent census conducted prior to the first day of such year have not been officially released, then, for such period, in the administration of this paragraph, it shall be assumed that the population of each State is the same as such State’s population (as determined for purposes of this paragraph) for the preceding fiscal year.

In the event that the term of office of a Senator begins after the first month of a fiscal year or ends (except by reason of death, resignation, or expulsion) before the last month of a fiscal year, the aggregate amount available for gross compensation of employees in the office of such Senator for such year shall be the applicable amount contained in the preceding table, divided by 12, and multiplied by the number of months in such year which are included in the Senator’s term of office, counting any fraction of a month as a full month.

(B) In the case of gross compensation paid to employees in the office of a Senator for the period commencing January 1, 1988, and ending September 30, 1988, the total of—

(i) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such period, plus

(ii) the expenses paid to or on behalf of such Senator under authority of section 6314 of this title (as determined after application of subsection (b) of such section, but without regard to paragraph (2)(A)(iv) thereof),

shall not exceed the aggregate of—

(iii) subject to the next sentence, the amount by which (I) the aggregate of the gross compensation which may be paid to employees in the office of such Senator for the fiscal year ending September 30, 1988, as determined under this subsection (but without regard to this subparagraph), exceeds (II) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for that part of such fiscal year which precedes January 1, 1988, plus

(iv) the amount described in section 6314(b)(2)(A)(iii) of this title.

In the event that the term of office of a Senator begins after the first month of the period which commences January 1, 1988, and ends September 30, 1988, or ends (except by reason of death, resignation, or expulsion) before the last month of such period, the amount computed pursuant to clause (iii) of this subparagraph (but before application of this sentence) shall be recalculated as follows: such amount, as so computed, shall be divided by 9, and multiplied by the number of months in such period which are included in the Senator’s term of office, counting any fraction of a month as a full month.

(C) In the case of gross compensation paid to employees in the office of a Senator for the fiscal year beginning October 1, 1988, or any fiscal year thereafter, the total of—

(i) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such year, plus

shall not exceed the aggregate of—

(iii) the amount determined under subparagraph (A) for such year, plus

(iv) the amount described in section 6314(b)(3) of this title (as determined without regard to subparagraph (A)(ii) and (iv) thereof).

(2) Within the limits prescribed by paragraph (1) of this subsection, Senators may fix the number and the rates of compensation of employees in their respective offices. The salary of an employee in a Senator’s office shall not be fixed under this paragraph at a rate less than $3,293 1 or in excess of the annual rate of basic pay in effect for level II of the Executive Schedule under section 5313 of title 5. A Senator may establish such titles for positions in his office as he may desire to designate, by written notification to the disbursing office of the Senate.

(e) Gross rate of compensation of employee of committee of Senate employed by joint committee, select committee, or standing committee

(1), (2) Repealed. Pub. L. 96–304, title I, § 112(b)(1), July 8, 1980, 94 Stat. 892.

(3)

(A) In this paragraph—

(i) the term “committee of the Senate” means—(I) any standing committee (including the majority and minority policy committees) of the Senate;(II) any select committee (including the conference majority and conference minority of the Senate); or(III) any joint committee the expenses of which are paid from the contingent fund of the Senate; and

(ii) an employee of a subcommittee shall be considered to be an employee of the full committee.

(B) Subject to adjustment as provided by law, no employee of a committee of the Senate shall be paid at a per anspan gross rate in excess of the annual rate of basic pay in effect for level II of the Executive Schedule under section 5313 of title 5.

(f) General limitation

(Pub. L. 90–57, § 105(a)–(f), (j), July 28, 1967, 81 Stat. 141–144; Pub. L. 90–206, title II, § 214 (j)–(l), Dec. 16, 1967, 81 Stat. 637; Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 340; Pub. L. 91–510, title III, § 305, Oct. 26, 1970, 84 Stat. 1181; Pub. L. 91–656, § 4, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 633; Pub. L. 92–607, ch. V, § 505, Oct. 31, 1972, 86 Stat. 1505; Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93–245, ch. VI, Jan. 3, 1974, 87 Stat. 1078; Pub. L. 93–255, § 1, Mar. 27, 1974, 88 Stat. 52; Pub. L. 93–371, § 6, Aug. 13, 1974, 88 Stat. 430; Pub. L. 94–59, title I, § 102, July 25, 1975, 89 Stat. 274; Pub. L. 94–440, title I, § 101(a), Oct. 1, 1976, 90 Stat. 1443; Pub. L. 95–94, title I, § 111(d), Aug. 5, 1977, 91 Stat. 663; Pub. L. 95–391, title I, § 104(b), Sept. 30, 1978, 92 Stat. 772; Pub. L. 95–482, § 112, Oct. 18, 1978, 92 Stat. 1605; Pub. L. 96–304, title I, §§ 107(a), 112(b)(1), July 8, 1980, 94 Stat. 890, 892; Pub. L. 98–181, title I, § 1203(a), Nov. 30, 1983, 97 Stat. 1289; Pub. L. 98–367, title I, §§ 3(a), 12(a), (b), July 17, 1984, 98 Stat. 475, 476; Pub. L. 100–71, title I, § 3(a), July 11, 1987, 101 Stat. 423; Pub. L. 100–137, § 1(c)(1), Oct. 21, 1987, 101 Stat. 818; Pub. L. 100–202, § 101(i) [title I, § 1(a)], Dec. 22, 1987, 101 Stat. 1329–290, 1329–293; Pub. L. 104–186, title II, § 204(9), Aug. 20, 1996, 110 Stat. 1731; Pub. L. 105–18, title II, § 7001, June 12, 1997, 111 Stat. 192; Pub. L. 105–55, title I, § 5, Oct. 7, 1997, 111 Stat. 1181; Pub. L. 105–275, title I, § 8, Oct. 21, 1998, 112 Stat. 2434; Pub. L. 106–57, title I, § 2, Sept. 29, 1999, 113 Stat. 411; Pub. L. 107–68, title I, § 106, Nov. 12, 2001, 115 Stat. 568; Pub. L. 108–7, div. H, title I, § 3, Feb. 20, 2003, 117 Stat. 349; Pub. L. 108–83, title I, § 1, Sept. 30, 2003, 117 Stat. 1010; Pub. L. 108–447, div. G, title I, § 1, Dec. 8, 2004, 118 Stat. 3168; Pub. L. 109–55, title I, § 1, Aug. 2, 2005, 119 Stat. 568; Pub. L. 110–161, div. H, title I, §§ 1, 4(a), Dec. 26, 2007, 121 Stat. 2220, 2221; Pub. L. 111–8, div. G, title I, § 1, Mar. 11, 2009, 123 Stat. 814; Pub. L. 111–68, div. A, title I, § 1, Oct. 1, 2009, 123 Stat. 2026; Pub. L. 116–94, div. E, title II, § 212(a)(1)(A), Dec. 20, 2019, 133 Stat. 2773; Pub. L. 117–103, div. I, title I, § 102, title II, § 213(a)(1), Mar. 15, 2022, 136 Stat. 505, 527.)

§ 4575a. Change in maximum rates of pay for statutory employees

(i) Fixed salary positions

(ii) Positions with maximums

(Pub. L. 116–94, div. E, title II, § 212(a)(1)(B), Dec. 20, 2019, 133 Stat. 2774.)

§ 4576. Availability of appropriated funds for payment to an individual of pay from more than one position; conditions

(a) Notwithstanding any other provision of law, appropriated funds are available for payment to an individual of pay from more than one qualifying position if the aggregate gross pay from those positions does not exceed—

(1) the maximum rate specified in section 4575(d)(2) of this title, as amended and modified; or

(2) in a case where 1 or more of the individual’s qualifying positions are positions described in subsection (d)(2)(B), the maximum rate specified in section 4575(e)(3) of this title, as amended and modified.

(b)

(1) For an individual serving in more than 1 qualifying position under subsection (a), the cost of any travel for official business shall be paid by the office authorizing the travel.

(2) Messages for each electronic mail account used in connection with carrying out the official duties of an individual serving in more than 1 qualifying position under subsection (a) may be delivered to and sent from a single handheld communications device provided to the individual for purposes of official business.

(3)

(A) For purposes of the Ethics in Government Act of 1978 (5 U.S.C. App.),1

1 See References in Text note below.

the rate of basic pay for an individual serving in more than 1 qualifying position under subsection (a) shall be the total basic pay received by the individual from all such positions.

(B) For an individual serving in more than one qualifying position under subsection (a), for purposes of the rights and obligations described in, or described in the provisions applied under, title II of the Congressional Accountability Act of 1995 (2 U.S.C. 1311 et seq.) related to practices used at a time when the individual is serving in such a qualifying position with an employing office, the rate of pay for the individual shall be the individual rate of pay received from the employing office.

(c)

(1) If the duties of a qualifying position under subsection (a) include information technology services and support, an individual may only serve in the qualifying position and 1 or more additional qualifying positions under such subsection if the individual is in compliance with each information technology standard and policy established for Senate offices by the Office of the Sergeant at Arms and Doorkeeper of the Senate.

(2) Notwithstanding subsection (a), an employee serving in a qualifying position in the Office of the Secretary of the Senate or the Office of the Sergeant at Arms and Doorkeeper of the Senate may serve in an additional qualifying position only if—

(A) the other qualifying position is with the other Office; or

(B) the Committee on Rules and Administration of the Senate has approved the arrangement.

(d) In this section, the term “qualifying position” means a position that—

(1) is designated as a shared position for purposes of this section by the Senator or other head of the office in which the position is located; and

(2) is one of the following:

(A) A position—

(i) that is in the office of a Senator; and

(ii) the pay of which is disbursed by the Secretary of the Senate.

(B) A position—

(i) that is in any committee of the Senate (including a select or special committee) or a joint committee of Congress; and

(ii) the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the span “inquiries and investigations” or “Joint Economic Committee”, or a span relating to a Joint Congressional Committee on Inaugural Ceremonies.

(i) that is in another office (excluding the Office of the Vice President and the Office of the Chaplain of the Senate); and

(ii) the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the span “Salaries, Officers and Employees”.

(D) A position—

(i) that is filled pursuant to section 6311 of this title; and

(ii) the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the span “miscellaneous items”.

(Pub. L. 95–94, title I, § 114, Aug. 5, 1977, 91 Stat. 665; Pub. L. 95–240, title II, § 207, Mar. 7, 1978, 92 Stat. 117; Pub. L. 100–202, § 101(i) [title I, § 9], Dec. 22, 1987, 101 Stat. 1329–290, 1329–295; Pub. L. 117–10, § 2(a), Apr. 23, 2021, 135 Stat. 259.)

§ 4577. Availability of appropriations during first three months of any fiscal year for aggregate of payments of gross compensation made to employees from Senate appropriation account for “Salaries, Officers and Employees”

At no time during the first three months of any fiscal year (commencing with the fiscal year which begins October 1, 1984) shall the aggregate of payments of gross compensation made to employees out of any line item appropriation within the Senate appropriation account for “Salaries, Officers and Employees” (other than the line item appropriations, within such account for “Administrative, clerical, and legislative assistance to Senators” and for “Agency contributions”) exceed twenty-five per centum of the total amount available for such line item appropriations for such fiscal year.

(Pub. L. 98–367, title I, § 4, July 17, 1984, 98 Stat. 475.)

§ 4578. Restriction on payment of dual compensation by Secretary of Senate

Unless otherwise specifically authorized by law, no part of any appropriation disbursed by the Secretary of the Senate shall be available for payment of compensation to any person holding any position, for any period for which such person received compensation for holding any other position, the compensation for which is disbursed by the Secretary of the Senate.

(June 27, 1956, ch. 453, 70 Stat. 360.)

§ 4579. Student loan repayment program for Senate employees

(a) DefinitionsIn this section:

(1) Departure dateThe term “departure date” means the earlier of—

(A) the date on which the term of a departing Senator or Vice President ends; or

(B) the date on which the departing Senator or Vice President will retire or resign.

(2) Departing Senator or Vice President

(3) Eligible employeeThe term “eligible employee” means an individual, except as provided under subsection (b)(3)—

(A) who is an employee of the Senate; and

(B) whose rate of pay as an employee of the Senate, on the date on which such eligibility is determined, does not exceed the rate of basic pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5.

(4) Employee of the SenateThe term “employee of the Senate”—

(A) has the meaning given the term under section 1301 of this title; and

(B) includes any employee of the Office of Congressional Accessibility Services whose pay is disbursed by the Secretary of the Senate.

(5) Employing officeThe term “employing office”—

(A) means the employing office, as defined under section 1301 of this title, of an employee of the Senate; and

(B) includes the Office of Congressional Accessibility Services with respect to employees of that office whose pay is disbursed by the Secretary of the Senate.

(6) Secretary

(7) Student loanThe term “student loan” means—

(A) a loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a et seq., or 1087aa et seq.); and

(B) a health education assistance loan made or insured under part A of title VII of the Public Health Service Act (42 U.S.C. 292 et seq.), or under part E of title VIII of such Act (42 U.S.C. 297a et seq.).

(b) Senate student loan repayment program

(1) Service agreements

(A) In generalThe head of an employing office and an eligible employee may enter into a written service agreement under which—

(i) the employing office shall agree to repay, by direct payments on behalf of the eligible employee, any student loan indebtedness of the eligible employee that is outstanding at the time the eligible employee and the employing office enter into the agreement, subject to this section; and

(ii) the eligible employee shall agree to complete the required period of employment described in subsection (c)(1) with the employing office in exchange for the student loan payments.

(B) Contents of service agreements

(i) ContentsA service agreement under this paragraph shall contain—(I) the start and end dates of the required period of employment covered by the agreement;(II) the monthly amount of the student loan payments to be provided by the employing office;(III) the employee’s agreement to reimburse the Senate under the conditions set forth in subsection (d)(1);(IV) disclosure of the program limitations provided for in subsection (d)(4) and paragraphs (2), (3), (6), and (7) of subsection (f);(V) other terms to which the employing office and employee agree (such as terms relating to job responsibilities or job performance expectations); and(VI) any other terms prescribed by the Secretary.

(ii) Standard service agreements

(2) Submission of agreements

(3) Exclusion from participation in dual programs

(1) Period of employment

(A) In general

(B) Departing Senators and Vice PresidentsAfter the date that is 1 year before the departure date of a departing Senator or Vice President, the departing Senator or Vice President may enter into a service agreement under this section with an eligible employee of the office of the Senator or Vice President (including an eligible employee who has completed a required period of employment under a previous service agreement) that includes a required period of employment that—

(i) is less than 1 year; and

(ii) shall end on the last day of the last full pay period ending on or before the departure date of the departing Senator or Vice President.

(2) Amount of payments

(A) In generalThe amount of student loan payments made under service agreements under this section on behalf of an eligible employee may not exceed—

(i) $833 in any month; or

(ii) a total of $80,000.

(B) Payments included in gross compensation limitations

(3) Timing of payments

(d) Loss of eligibility for student loan payments and obligation to reimburse

(1) In generalAn employee shall not be eligible for continued student loan payments under a service agreement under this section and (except in a case in which an employee’s duty is terminated under paragraph (2) or an employing office assumes responsibilities under paragraph (3)) shall reimburse the Senate for the amount of all student loan payments made on behalf of the employee under the agreement, if, before the employee completes the required period of employment specified in the agreement—

(A) the employee voluntarily separates from service with the employing office;

(B) the employee engages in misconduct or does not maintain an acceptable level of performance, as determined by the head of the employing office; or

(2) Termination of agreementThe duty of an eligible employee to fulfill the required period of employment under the service agreement shall be terminated if—

(A) funds are not made available to cover the cost of the student loan repayment program carried out under this section;

(B) the employee and the head of the employing office involved mutually agree to terminate the service agreement;

(D) the employee separates from service with the office of a departing Senator or Vice President.

(3) Another employing office

(4) Failure of employee to reimburseIf an eligible employee fails to reimburse the Senate for the amount owed under paragraph (1), such amount shall be collected—

(A) under section 6568(c) of this title or section 5514 of title 5 if the eligible employee is employed by any other office of the Senate or agency of the Federal Government; or

(B) under other applicable provisions of law if the eligible employee is not employed by any other office of the Senate or agency of the Federal Government.

(5) Crediting of amounts

(e) Records and reports

(1) In generalNot later than January 1, 2003, and each January 1 thereafter, the Secretary shall prepare and submit to the Committee on Rules and Administration of the Senate and the Committee on Appropriations of the Senate, a report for the fiscal year preceding the fiscal year in which the report is submitted, that contains information specifying—

(A) the number of eligible employees that received student loan payments under this section; and

(B) the costs of such payments, including—

(i) the amount of such payments made for each eligible employee;

(ii) the amount of any reimbursement amounts for early separation from service or whether any waivers were provided with respect to such reimbursements; and

(iii) any other information determined to be relevant by the Committee on Rules and Administration of the Senate or the Committee on Appropriations of the Senate.

(2) Confidentiality

(f) Other administrative matters

(1) Account

(A) In general

(B) Office subaccounts

(2) Beginning of paymentsStudent loan payments may begin under this section with respect to an eligible employee upon—

(A) the receipt by the Secretary of a signed service agreement; and

(B) verification by the Secretary with the holder of the loan that the eligible employee has an outstanding student loan balance that qualifies for payment under this section.

(3) Limitation

(4) Payment on multiple loans

(5) Treatment of payments

(6) No relief from liability

(7) Change in payments

(A) Reduction

(i) In general

(ii) NoticeIf the head of an employing office decides to reduce the amount of student loan payments to an eligible employee under clause (i)—(I) the employing office shall concurrently notify the eligible employee and the Secretary of the Senate of the reduction; and(II) not later than 30 days after the date of the concurrent notice, the eligible employee may terminate the service agreement.

(B) IncreaseNotwithstanding the terms of a service agreement under this section, the head of an employing office, with the consent of an eligible employee, may increase the amount of student loan payments made under the agreement with the eligible employee, if—

(i) the office has adequate funds available for the purpose of agreements under this section;

(ii) the amount of the increased payment does not exceed the limitations under this section; and

(iii) the total amount of the loan payments to be made (including such increase) during the remainder of the required period of employment does not exceed the amount of student loan indebtedness of the eligible employee as of the date of the increase.

(8) No right to continued employment

(9) No entitlement

(10) Treatment of paymentsA student loan payment under this section—

(A) shall not be basic pay of an employee for purposes of chapters 83 and 84 of title 5 (relating to retirement) and chapter 87 of such title (relating to life insurance coverage); and

(B) shall not be included in Federal wages for purposes of chapter 85 of such title (relating to unemployment compensation).

(g) Allocation of funds

(1) Maximum amountIn this subsection, the term “maximum amount”, used with respect to a fiscal year, means—

(A) in the case of an employing office described in subsection (h)(1)(A), the amount described in that subsection for that fiscal year; and

(B) in the case of an employing office described in subsection (h)(1)(B), the amount described in that subsection for that fiscal year.

(2) AllocationFrom the total amount made available to carry out this section for a fiscal year, there shall be allocated to each employing office for that fiscal year—

(A) the maximum amount for that employing office for that fiscal year; or

(B) if the total amount is not sufficient to provide the maximum amount to each employing office, an amount that bears the same relationship to the total amount as the maximum amount for that employing office for that fiscal year bears to the total of the maximum amounts for all employing offices for that fiscal year.

(3) Apportionment

(h) Authorization of appropriations

(1) In generalThere are authorized to be appropriated (or otherwise made available from appropriations) to carry out this section the following amounts for each fiscal year:

(A) For each employing office that is the personal office of a Senator, an amount equal to 2.5 percent of the total sums appropriated for the fiscal year involved for administrative and clerical salaries for such office.

(B) For each other employing office, an amount equal to 2.5 percent of the total sums appropriated for the fiscal year involved for salaries for such office.

(2) Limitation

(i) Effective date

(Pub. L. 107–68, title I, § 102, Nov. 12, 2001, 115 Stat. 563; Pub. L. 107–117, div. B, § 916, Jan. 10, 2002, 115 Stat. 2324; Pub. L. 112–74, div. G, title I, § 1001(a), (b), Dec. 23, 2011, 125 Stat. 1124; Pub. L. 115–141, div. I, title I, § 103(a), Mar. 23, 2018, 132 Stat. 772; Pub. L. 116–260, div. I, title I, § 105(a), Dec. 27, 2020, 134 Stat. 1632.)

§ 4580. Lump sum payment for accrued annual leave of Senate employees

(a) AuthorizationThe head of the employing office of an employee of the Senate may, upon termination of employment of the employee, authorize payment of a lump sum for the accrued annual leave of that employee if—

(1) the head of the employing office—

(A) has approved a written leave policy authorizing employees to accrue leave and establishing the conditions upon which accrued leave may be paid; and

(B) submits written certification to the Financial Clerk of the Senate of the number of days of annual leave accrued by the employee for which payment is to be made under the written leave policy of the employing office; and

(2) there are sufficient funds to cover the lump sum payment.

(b) Rates

(1) A lump sum payment under this section shall not exceed the lesser of—

(A) twice the monthly rate of pay of the employee; or

(B) the product of the daily rate of pay of the employee and the number of days of accrued annual leave of the employee.

(2) The Secretary of the Senate shall determine the rates of pay of an employee under paragraph (1)(A) and (B) on the basis of the annual rate of pay of the employee in effect on the date of termination of employment.

(d) Reemployment refund

(e) Regulations

(f) DefinitionsIn this section, the term—

(1) “employee of the Senate” means any employee whose pay is disbursed by the Secretary of the Senate, except that the term does not include a member of the Capitol Police or a civilian employee of the Capitol Police; and

(2) “head of the employing office” means any person with the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of an individual whose pay is disbursed by the Secretary of the Senate.

(Pub. L. 106–554, § 1(a)(2) [title I, § 6], Dec. 21, 2000, 114 Stat. 2763, 2763A–97.)

§ 4581. Aggregate gross compensation of employee of Senator of State with population under 5,000,000

(a) Notwithstanding the provisions of section 4575(d)(1) of this title, and except as otherwise provided in subparagraph (C) of such subsection (d)(1), the aggregate of gross compensation paid employees in the office of a Senator shall not exceed during each fiscal year $1,012,083 if the population of his State is less than 5,000,000.

(b) Subsection (a) shall take effect October 1, 1991.

(Pub. L. 102–90, title I, § 5, Aug. 14, 1991, 105 Stat. 450.)