CHAPTER 45 - CONGRESSIONAL PAY AND BENEFITS

Title 2 > CHAPTER 45

Sections (48)

§ 4501 Compensation of Members of Congress

The annual rate of pay for— each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico, the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives, and the Speaker of the House of Representatives, shall be the rate determined for such positions under chapter 11 of this title, as adjusted by paragraph (2) of this section. Subject to subparagraph (B), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of title 5 in the rates of pay under the General Schedule, each annual rate referred to in paragraph (1) shall be adjusted by an amount, rounded to the nearest multiple of $100(orifmidwaybetweenmultiplesof$100, to the next higher multiple of $100), equal to the percentage of such annual rate which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect. In no event shall the percentage adjustment taking effect under subparagraph (A) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5 in the rates of pay under the General Schedule. ( Aug. 2, 1946, ch. 753 , title VI, § 601(a), 60 Stat. 850 ; Jan. 19, 1949, ch. 2, § 1(d) , 63 Stat. 4 ; Mar. 2, 1955, ch. 9, § 4(a) , 69 Stat. 11 ; Pub. L. 88–426, title II, § 204 , Aug. 14, 1964 , 78 Stat. 415 ; Pub. L. 89–301, § 11(e) , Oct. 29, 1965 , 79 Stat. 1120 ; Pub. L. 91–67, § 2 , Sept. 15, 1969 , 83 Stat. 107 ; Pub. L. 94–82, title II, § 204(a) , Aug. 9, 1975 , 89 Stat. 421 ; Pub. L. 101–194, title VII, § 704(a)(2)(B) , Nov. 30, 1989 , 103 Stat. 1769 ; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(4)(D)] , Nov. 5, 1990 , 104 Stat. 1427 , 1439; Pub. L. 103–356, title I, § 101(1) , Oct. 13, 1994 , 108 Stat. 3410 .)

§ 4502 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

Effective beginning with fiscal year 1983, and continuing each year thereafter, such sums as hereafter may be necessary for “Compensation of Members” (and administrative expenses related thereto), as authorized by law and at such level recommended by the President for Federal employees for that fiscal year are hereby appropriated from money in the Treasury not otherwise appropriated. Such sums when paid shall be in lieu of any sums accrued in prior years but not paid. For purposes of this subsection, the term “Member” means each Member of the Senate and the House of Representatives, the Resident Commissioner from Puerto Rico, the Delegates from the District of Columbia, Guam, Virgin Islands, and American Samoa, and the Vice President. ( Pub. L. 97–51, § 130(c) , Oct. 1, 1981 , 95 Stat. 966 .)

§ 4503 Jury and witness service by Senate and House employees

(a) Definitions For purposes of this section— “employee” means any individual whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives; and “court of the United States” has the meaning given it by section 451 of title 28 and includes the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands.

(b) Service as juror or witness in connection with a judicial proceeding; prohibition against reduction of pay The pay of an employee shall not be reduced during a period of absence with respect to which the employee is summoned (and permitted to respond to such summons by the appropriate authority of the House of the Congress disbursing his pay), in connection with a judicial proceeding by a court or authority responsible for the conduct of that proceeding, to serve— as a juror; or other than as provided in subsection (c) of this section, as a witness on behalf of any party in connection with any judicial proceeding to which the United States, the District of Columbia, or a State or local government is a party; in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico, the Canal Zone, or the Trust Territory of the Pacific Islands. For purposes of this subsection, “judicial proceeding” means any action, suit, or other judicial proceeding, including any condemnation, preliminary, informational, or other proceeding of a judicial nature, but does not include an administrative proceeding.

(c) Official duty An employee is performing official duty during the period with respect to which he is summoned (and is authorized to respond to such summons by the House of the Congress disbursing his pay), or is assigned by such House, to— testify or produce official records on behalf of the United States or the District of Columbia; or testify in his official capacity or produce official records on behalf of a party other than the United States or the District of Columbia.

(d) Prohibition on receipt of jury or witness fees An employee may not receive fees for service— as juror in a court of the United States or the District of Columbia; or as a witness on behalf of the United States or the District of Columbia. If an employee receives an amount (other than travel expenses) for service as a juror or witness during a period in which his pay may not be reduced under subsection (b) of this section, or for which he is performing official duty under subsection (c) of this section, the employee shall remit such amount to the officer who disburses the pay of the employee, which amount shall be covered into the general fund of the Treasury as miscellaneous receipts.

(e) Travel expenses An employee summoned (and authorized to respond to such summons by the House of the Congress disbursing his pay), or assigned by such House, to testify or produce official records on behalf of the United States is entitled to travel expenses. If the case involves an activity in connection with which he is employed, the travel expenses shall be paid from funds otherwise available for the payment of travel expenses of such House in accordance with travel regulations of that House. If the case does not involve such an activity, the department, agency, or independent establishment of the United States on whose behalf he is so testifying or producing records shall pay to the employee his travel expenses out of appropriations otherwise available, and in accordance with regulation applicable, to that department, agency, or independent establishment for the payment of travel expenses. An employee summoned (and permitted to respond to such summons by the House of the Congress disbursing his pay), or assigned by such House, to testify in his official capacity or produce official records on behalf of a party other than the United States, is entitled to travel expenses, unless any travel expenses are paid to the employee for his appearance by the court, authority, or party which caused him to be summoned.

(f) Rules and regulations The Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives are authorized to prescribe, for employees of their respective Houses, such rules and regulations as may be necessary to carry out the provisions of this section.

(g) Congressional consent not conferred for production of official records or to testimony concerning activities related to employment No provision of this section shall be construed to confer the consent of either House of the Congress to the production of official records of that House or to testimony by an employee of that House concerning activities related to his employment.

§ 4504 Nonpay status for Congressional employees studying under Congressional staff fellowships

(a) With respect to each employee of the Senate or House of Representatives— whose compensation is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, and who, on or after January 1, 1963 shall have been separated from employment with the Senate or House of Representatives in order to pursue certain studies under a congressional staff fellowship awarded by the American Political Science Association, the period of time covered by such fellowship shall be held and considered to be service (in a nonpay status) in employment with the Senate or House of Representatives, as the case may be, at the rate of compensation received immediately prior to separation (including any increases in compensation provided by law during the period covered by such fellowship) for the purposes of the provisions of law specified in subsection (b), if the award of such fellowship to such employee is certified to the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate, by the appointing authority concerned or, in the event of the death or disability of such appointing authority, is established to the satisfaction of the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives by records or other evidence.

(b) The provisions of law referred to in subsection (a) are— subchapter III (relating to civil service retirement) of chapter 83 of title 5; chapter 87 (relating to Federal employees group life insurance) of title 5; and chapter 89 (relating to Federal employees group health insurance) of title 5.

§ 4505 Voluntary separation incentive payments

(a) Authority to offer payments Notwithstanding any other provision of law, the head of any office in the legislative branch may establish a program under which voluntary separation incentive payments may be offered to eligible employees of the office to encourage such employees to separate from service voluntarily (whether by retirement or resignation), in accordance with this section.

(b) Amount and administration of payments A voluntary separation incentive payment made under this section— shall be paid in a lump sum after the employee’s separation; shall be equal to the lesser of— an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5 , if the employee were entitled to payment under such section (without adjustment for any previous payment made); or an amount determined by the head of the office involved, not to exceed $25,000; may be made only in the case of an employee who voluntarily separates (whether by retirement or resignation) under this section; shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5 based on any other separation; and shall be paid from appropriations or funds available for the payment of the basic pay of the employee.

(c) Plan No voluntary separation incentive payment may be paid under this section with respect to an office unless the head of the office submits a plan described in paragraph (2) to each applicable committee described in paragraph (3), and each applicable committee approves the plan. A plan described in this paragraph with respect to an office is a plan containing the following information: The specific positions and functions to be reduced or eliminated. A description of which categories of employees will be offered incentives. The time period during which incentives may be paid. The number and amounts of voluntary separation incentive payments to be offered. A description of how the office will operate without the eliminated positions and functions. For purposes of this subsection, the “applicable committee” with respect to an office means any committee of the House of Representatives or Senate with jurisdiction over the activities of the office under the applicable rules of the House of Representatives and the Senate (as determined by the head of the office), but does not include the Committees on Appropriations of the House of Representatives and the Senate.

(d) Repealed. Pub. L. 112–74, div. G, title I, § 1401(a)(1), Dec. 23, 2011, 125 Stat. 1134

(e) Eligible employee defined In this section, an “eligible employee” is an employee (as defined in section 2105, 1 United States Code) or a Congressional employee (as defined in section 2107, 2 United States Code) who— is serving under an appointment without time limitation; and has been currently employed for a continuous period of at least 3 years. An “eligible employee” does not include any of the following: A reemployed annuitant under subchapter III of chapter 83 or 84 of title 5 or another retirement system for employees of the Government. An employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of chapter 83 or 84 of title 5 or another retirement system for employees of the Government. An employee who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance. An employee who has previously received any voluntary separation incentive payment from the Federal Government under this section or any other authority. An employee covered by statutory reemployment rights who is on transfer employment with another organization. Any employee who— during the 36-month period preceding the date of separation of that employee, performed service for which a student loan repayment benefit was or is to be paid under section 5379 of title 5 or any other authority; during the 24-month period preceding the date of separation of that employee, performed service for which a recruitment or relocation bonus was or is to be paid under section 5753 of such title or any other authority; or during the 12-month period preceding the date of separation of that employee, performed service for which a retention bonus was or is to be paid under section 5754 of such title or any other authority.

(f) Repayment for individuals returning to Government employment Subject to paragraph (2), an employee who has received a voluntary separation incentive payment under this section and accepts employment with the Government of the United States within 5 years after the date of the separation on which the payment is based shall be required to repay the entire amount of the incentive payment to the office that paid the incentive payment. If the employment is with an Executive agency (as defined by section 105 of title 5 , but excluding the Government Accountability Office), the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment required under this subsection if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment required under this subsection if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment required under this subsection if the individual involved possesses unique abilities and is the only qualified applicant available for the position. For purposes of paragraph (1) (but not paragraph (2)), the term “employment” includes employment under a personal services contract with the United States.

(g) Effective date This section shall take effect on December 8, 2004 , and shall apply with respect to the portion of fiscal year 2005 occurring on and after December 8, 2004 , and to each succeeding fiscal year.

§ 4506 Death gratuity payments as gifts

Any death gratuity payment at any time specifically appropriated by any Act of Congress or at any time made out of the applicable accounts of the House of Representatives or the contingent fund of the Senate shall be held to have been a gift. ( June 5, 1952, ch. 369 , Ch. I, 66 Stat. 101 ; Pub. L. 104–186, title II, § 203(6) , Aug. 20, 1996 , 110 Stat. 1725 .)

§ 4507 Longevity compensation

(a) Eligible employees This section shall apply 1 to— each employee of the Senate whose compensation is paid from the appropriation for Salaries, Officers and Employees under the following headings: Office of the Secretary, including individuals employed under authority of section 6538 of this title ; Office of the Sergeant at Arms and Doorkeeper, except employees designated as “special employees”; and Offices of the Secretaries for the Majority and the Minority; each employee of the Senate authorized by Senate resolution to be appointed by the Secretary of the Senate or the Sergeant at Arms and Doorkeeper, except employees designated as “special employees”; and each employee of the Capitol Guide Service established under section 2166 2 of this title.

(b) Rate of compensation; limitation on increases; computation of service; effective date of payment Except as provided in paragraph (2), an employee to whom this section applies shall be paid, during any period of continuous creditable service, additional annual compensation (hereinafter referred to as “longevity compensation”) at the rate of $482 for (A) each year of creditable service performed for the first five years and (B) each two years of creditable service performed during the twenty-year period following the first five years. The amount of longevity compensation which may be paid to an employee, when added to his regular annual compensation, shall not exceed the maximum annual compensation which may be paid to Senate employees generally as prescribed by law or orders of the President pro tempore issued under authority of section 4571 of this title . For purposes of this section— creditable service includes (i) service performed as an employee described in subsection (a), (ii) service performed as a member of the Capitol Police or as an employee of the United States Capitol Telephone Exchange while compensation therefor is disbursed by the Clerk of the House of Representatives, and (iii) service which is creditable for purposes of this section as in effect on September 30, 1978 ; in computing length of continuous creditable service, only creditable service performed subsequent to August 31, 1957 , shall be taken into account, except that, in the case of service as an employee employed under authority of section 6538 of this title , only creditable service performed subsequent to January 2, 1971 , shall be taken into account; and continuity of creditable service shall not be deemed to be broken by separations from service of not more than thirty days, by the performance of service as an employee (other than an employee subject to the provisions of this section) whose compensation is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives, or by the performance of active military service in the armed forces of the United States, but periods of such separations and service shall not be creditable service. Longevity compensation shall be payable on and after the first day of the first month following completion of each period of creditable service upon which such compensation is based.

§ 4508 Longevity compensation for telephone operators on United States telephone exchange and members of Capitol Police paid by Chief Administrative Officer of House

The provisions of subsections (a) and (b) of section 4507 1 of this title (as amended by section 110 of Pub. L. 95–391 ), shall apply to telephone operators (including the chief operator and assistant chief operators) on the United States Capitol telephone exchange and members of the Capitol Police whose compensation is disbursed by the Chief Administrative Officer of the House of Representatives in the same manner and to the same extent as such provisions apply to individuals whose compensation is disbursed by the Secretary of the Senate. For purposes of so applying such subsections, creditable service shall include service performed as an employee of the United States Capitol telephone exchange or a member of the Capitol Police whether compensation therefor is disbursed by the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate. ( Pub. L. 95–391, title III, § 310 , Sept. 30, 1978 , 92 Stat. 790 ; Pub. L. 104–186, title II, § 204(8) , Aug. 20, 1996 , 110 Stat. 1731 .)

§ 4509 Longevity compensation not applicable to individuals paid by Secretary of Senate; savings provision

Section 4507 of this title on or after October 1, 1983 shall not apply to any individual whose pay is disbursed by the Secretary of the Senate; except that, any individual who prior to such date was entitled to longevity compensation under such section on the basis of service performed prior to such date shall continue to be entitled to such compensation, but no individual shall accrue any longevity compensation on the basis of service performed on or after such date. ( Pub. L. 98–51, title I, § 107 , July 14, 1983 , 97 Stat. 267 .)

§ 4521 Mode of payment

The compensation of Members and Delegates shall be passed as public accounts, and paid out of the public Treasury. (R.S. § 46.)

§ 4522 Deductions for withdrawal

When any Member or Delegate withdraws from his seat and does not return before the adjournment of Congress, he shall, in addition to the sum deducted for each day, forfeit a sum equal to the amount which would have been allowed by law for his mileage in returning home; and such sum shall be deducted from his compensation, unless the withdrawal is with the leave of the Senate or House of Representatives respectively. (R.S. § 41.)

§ 4523 Deductions for delinquent indebtedness

Whenever a Representative, Delegate, Resident Commissioner, or a United States Senator, shall fail to pay any sum or sums due from such person to the House of Representatives or Senate, respectively, the appropriate committee or officer of the House of Representatives or Senate, as the case may be, having jurisdiction of the activity under which such debt arose, shall certify such delinquent sum or sums to the Chief Administrative Officer of the House of Representatives in the case of an indebtedness to the House of Representatives and to the Secretary of the Senate in the case of an indebtedness to the Senate, and such latter officials are authorized and directed, respectively, to deduct from any salary, mileage, or expense money due to any such delinquent such certified amounts or so much thereof as the balance or balances due such delinquent may cover. Sums so deducted by the Secretary of the Senate shall be disposed of by him in accordance with existing law, and sums so deducted by the Chief Administrative Officer of the House of Representatives shall be disposed of by him in accordance with existing law. ( June 19, 1934, ch. 648 , title I, § 1, 48 Stat. 1024 ; Pub. L. 104–186, title II, § 203(8) , Aug. 20, 1996 , 110 Stat. 1726 .)

§ 4524 Withholding of charitable contributions from salaries paid by Secretary of Senate and from employees of Architect of Capitol

(a) Definitions For purposes of this section, the term— “Secretary” means the Secretary of the Senate; and “Architect” means the Architect of the Capitol.

(b) Notice; deduction and transmission The Secretary and the Architect shall notify individuals whose pay is disbursed by the Secretary or who are employees of the Architect, including employees of the Botanic Garden or the Senate Restaurants of the opportunity to have amounts withheld from their pay pursuant to this section for contribution to national voluntary health and welfare agencies designated by the Director of the Office of Personnel Management pursuant to Executive Order 10927, dated March 18, 1961 . Upon request by such an individual specifying the amount to be withheld and one Combined Federal Campaign Center in the Washington metropolitan area to receive such amount, the Secretary, the Architect, or any other officer who disburses the pay of such individual, as the case may be, shall— withhold such amount from the pay of such individual; and transmit (not less than once each calendar quarter) the amount so withheld to the Combined Federal Campaign Center as specified in such request.

(c) Time of withholding and transmission The Secretary and the Architect shall, to the extent practicable, carry out subsection (b) at or about the time of the Combined Federal Campaign and other fundraising in the executive branch of the Federal Government conducted pursuant to Executive Order 10927, dated March 18, 1961 , and at such other times as each such officer deems appropriate.

(d) Amount No amount shall be withheld under subsection (b) from the pay of any individual for any pay period if the amount of such pay for such period is less than the sum of— the amount specified to be withheld from such pay under subsection (b) for such period; plus the amount of all other withholdings from such pay for such period. No amount may be specified by an individual to be withheld for any pay period under subsection (b) which is less than— 50 cents, if the pay period of such individual is biweekly or semimonthly; or $1, if the pay period of such individual is monthly.

(e) Provisions as not imposing duty, burden, requirement or penalty on United States, Senate, or any officer or employee of United States; effect of filing paper This section imposes no duty, burden, or requirement upon the United States, the Senate, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the Senate, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. Any paper, form, document, or any other item filed with the Secretary under this section is a paper of the Senate within the provisions of rule XXX of the Standing Rules of the Senate.

(f) Rules and regulations The Secretary and the Architect are authorized to issue rules and regulations they consider appropriate in carrying out their duties under this section.

§ 4531 House of Representatives pay adjustments; action by Chief Administrative Officer of House

(a) Whenever an adjustment under section 5303 of title 5 becomes effective with respect to rates of pay under the General Schedule, the Chief Administrative Officer of the House of Representatives, in such manner as he considers advisable— effective on the first day of the month in which such pay adjustment by the President is made effective as described above, shall adjust— each minimum and maximum rate of pay applicable to any employee or class of employees whose pay is disbursed by the Chief Administrative Officer (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule of section 5332 of title 5 as a result of such adjustment); and each monetary limitation on or monetary allowance for pay applicable to any such employee or class of employees; by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as the Chief Administrative Officer considers appropriate, to the percentage of the adjustment under such section 5303; shall determine, with respect to the employees and classes of employees within the purview of this section whose pay is disbursed by the Chief Administrative Officer, the respective amounts of pay adjustments which are equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to corresponding increases in pay, as determined by the Chief Administrative Officer, made by the pay adjustment by the President; and shall transmit to the appropriate pay-fixing authority concerned in the House of Representatives a copy of his determinations with respect to the pay of those employees whose pay is fixed and adjusted by that authority.

(b) After consideration of the pay determinations transmitted by the Chief Administrative Officer, the pay-fixing authority concerned may adjust, notwithstanding the provisions contained in sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31, the rates of pay concerned in such manner as that authority considers appropriate.

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

(d) This section shall not be deemed to authorize any adjustment in the rates of pay of employees whose rates of pay are disbursed by the Chief Administrative Officer and are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices, including employees subject to the House Wage Schedule.

(e) No rate of pay for any position shall be adjusted under this section to an amount in excess of the rate of pay in effect for such position under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title .

§ 4532 Rates of compensation disbursed by Chief Administrative Officer of House; adjustments by Speaker; “Member of the House of Representatives” defined

Notwithstanding any other provision of this Act, or any other provision of law, rule, or regulation, on and after December 22, 1987 , each time the President pro tempore of the Senate exercises any authority pursuant to any of the amendments made by this section with respect to rates of pay or any other matter relating to personnel whose pay is disbursed by the Secretary of the Senate, or whenever any of the events described in paragraph (2) occurs, the Speaker of the House of Representatives may adjust the rates of pay (and any minimum or maximum rate, limitation, or allowance) applicable to personnel whose pay is disbursed by the Chief Administrative Officer of the House of Representatives to the extent necessary to ensure— appropriate pay levels and relationships between and among positions held by personnel of the House of Representatives; appropriate pay relationships between— positions referred to in subparagraph (A); and positions under subparagraphs (A) through (D) of section 356 of this title ; positions held by personnel whose pay is disbursed by the Secretary of the Senate; and positions to which the General Schedule applies; and the maintenance of the pay relationship described in paragraph (3). The other events permitting an exercise of authority under this section are either— an adjustment under section 5303 of title 5 in rates of pay under the General Schedule; or an adjustment in rates of pay for Members of the House of Representatives (other than an adjustment which occurs by virtue of an adjustment described in subparagraph (A)). The pay relationship described in this paragraph is the relationship in existence as of the effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020 between— an annual rate of pay of $173,900; and the annual rate of pay of a Member of the House of Representatives who is not the Speaker, Majority Leader, or Minority Leader of the House. For the purpose of this section, the term “Member of the House of Representatives” means a Member of the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. ( Pub. L. 100–202, § 101(i) [title III, § 311(d)] , Dec. 22, 1987 , 101 Stat. 1329–290 , 1329–310; Pub. L. 101–520, title III, § 308 , Nov. 5, 1990 , 104 Stat. 2277 ; Pub. L. 102–90, title III, § 308 , Aug. 14, 1991 , 105 Stat. 466 ; Pub. L. 104–186, title II, § 204(2) , Aug. 20, 1996 , 110 Stat. 1729 ; Pub. L. 116–94, div. E, title II, § 212(b)(1) , Dec. 20, 2019 , 133 Stat. 2776 .)

§ 4533 Single per annum gross rates of pay for employees

Whenever the rate of pay of an employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives is fixed or adjusted on or after the effective date of this section, that rate, as so fixed or adjusted, shall be a single per annum gross rate. ( Pub. L. 91–510, title IV, § 471 , Oct. 26, 1970 , 84 Stat. 1193 ; Pub. L. 104–186, title II, § 210(1) , Aug. 20, 1996 , 110 Stat. 1743 .)

§ 4534 Obsolete references in existing law to basic pay rates

In any case in which— the rate of pay of any employee or position, or class of employees or positions, the pay for whom or for which is disbursed by the Chief Administrative Officer of the House of Representatives, or any maximum or minimum rate with respect to any such employee, position, or class, is referred to in or provided by statute or House resolution; and the rate so referred to or provided is a basic rate with respect to which additional pay is provided by law; such statutory provision or resolution shall be deemed to refer, in lieu of such basic rate, to the per annum gross rate which an employee receiving such basic rate immediately prior to the effective date of this section would receive, without regard to such statutory provision or resolution, under section 334 1 of this title on and after such date. ( Pub. L. 91–510, title IV, § 475 , Oct. 26, 1970 , 84 Stat. 1195 ; Pub. L. 104–186, title II, § 210(4) , Aug. 20, 1996 , 110 Stat. 1743 .)

§ 4535 Saving provision

The provisions of this Part 1 shall not be construed to— limit or otherwise affect any authority for the making of any appointment to, or for fixing or adjusting the pay for, any position for which the pay is disbursed by the Chief Administrative Officer of the House of Representatives; or affect the continuity of employment of, or reduce the pay of, any employee whose pay is disbursed by the Chief Administrative Officer of the House. ( Pub. L. 91–510, title IV, § 476 , Oct. 26, 1970 , 84 Stat. 1195 ; Pub. L. 104–186, title II, § 210(5) , Aug. 20, 1996 , 110 Stat. 1743 .)

§ 4536 Student loan repayment program for House employees

(a) Program to cover student loan repayment, educational assistance, and professional development for House employees The Chief Administrative Officer shall establish a program under which an employing office of the House of Representatives may agree— to repay (by direct payment on behalf of the employee) any student loan previously taken out by an employee of the office; to make direct payments on behalf of an employee of the office or to reimburse an employee of the office for expenses paid by the employee for the employee’s educational and professional development; and to make direct payments on behalf of an employee of the office or to reimburse an employee of the office for credentialing, professional accreditation, professional licensure, and professional certification expenses paid by the employee. For purposes of this section, a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) shall not be considered to be an employee of the House of Representatives.

(b) Lifetime limit on aggregate payments made on behalf of any individual The aggregate amount of payments made on behalf of any individual under the program under this section by all employing offices of the House of Representatives may not exceed $80,000.

(c) Regulations The Committee on House Administration shall promulgate such regulations as may be necessary to carry out the program under this section.

(d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the program under this section during fiscal year 2003 and each succeeding fiscal year.

§ 4537 Lump sum payment for accrued annual leave of House employees

(a) Approval; amount; source of payments Upon the approval of the appropriate employing authority, an employee of the House of Representatives may be paid a lump sum for the accrued annual leave of the employee or for any other purpose. The lump sum— shall be paid in an amount not more than the lesser of— the amount of the monthly pay of the employee, as determined by the Chief Administrative Officer of the House of Representatives; or in the case of a lump sum payment for the accrued annual leave of the employee, the amount equal to the monthly pay of the employee, as determined by the Chief Administrative Officer of the House of Representatives, divided by 30, and multiplied by the number of days of the accrued annual leave of the employee; shall be paid— for clerk hire employees, from the clerk hire allowance of the Member; for committee employees, from amounts appropriated for committees; and for other employees, from amounts appropriated to the employing authority; and shall be based on the rate of pay in effect with respect to the employee on the last day of employment of the employee.

(b) Regulations The Committee on House Oversight shall have authority to prescribe regulations to carry out this section.

(c) “Employee of the House of Representatives” defined As used in this section, the term “employee of the House of Representatives” means an employee whose pay is disbursed by the Clerk of the House of Representatives or the Chief Administrative Officer of the House of Representatives, as applicable, except that such term does not include a uniformed or civilian support employee under the Capitol Police Board.

(d) Separations after June 30, 1995 Payments under this section may be made with respect to separations from employment taking place after June 30, 1995 .

§ 4538 Reimbursement of residential telecommunications expenses for House Members, officers, and employees

(a) Notwithstanding any other provision of law, official resources may be used during a fiscal year (beginning with fiscal year 1999), in accordance with regulations of the Committee on House Oversight, to reimburse a Member, officer, or employee of the House of Representatives for the ordinary and necessary expenses related to the official use of telecommunications lines in the residence of the Member, officer, or employee.

(b) The Committee on House Oversight shall promulgate such regulations as are necessary to implement this section.

§ 4551 Day for paying salaries of the House of Representatives

The usual day for paying salaries in or under the House of Representatives shall be the last day of each month, except that if the last day of a month falls on a Saturday, Sunday, or a legal public holiday, the Chief Administrative Officer of the House of Representatives shall pay such salaries on the first weekday which precedes the last day. ( Pub. L. 107–68, title I, § 116(a) , Nov. 12, 2001 , 115 Stat. 573 .)

§ 4552 Certificates to pay rolls of employees of House

The Clerk, Sergeant at Arms, and Chief Administrative Officer of the House of Representatives shall make certificate each month to their respective pay rolls, stating whether the persons named in such pay rolls and employed in their respective departments have been actually present at their respective places of duty and have actually performed the services for which compensation is provided in said pay rolls, and in each case where a person carried on such pay roll has been absent and has not performed the services in whole or in part for which payment is proposed, the reason for such absence and for such nonperformance of services shall be stated. ( Mar. 3, 1901, ch. 830, § 1 , 31 Stat. 968 ; Pub. L. 104–186, title II, § 204(41) , Aug. 20, 1996 , 110 Stat. 1736 .)

§ 4553 Gratuities for survivors of deceased House employees; computation

The Chief Administrative Officer of the House of Representatives is on and after July 2, 1954 , authorized to pay, from the applicable accounts of the House of Representatives, a gratuity to the widow, widower, or heirs-at-law, of each deceased employee of the House an amount equal to one month’s salary for each year or part of year of the first six years service of such employee plus one-half of one month’s salary for each year or part of year of such service in excess of six years to and including the eighteenth year of such service. Service computed hereunder shall include all Federal civilian employment, and military service where such service interrupted Federal civilian employment. ( July 2, 1954, ch. 455 , title I, 68 Stat. 403 ; Pub. L. 104–186, title II, § 204(70) , Aug. 20, 1996 , 110 Stat. 1740 .)

§ 4554 Waiver by Speaker of House of claims of United States arising out of erroneous payments to officers or employees paid by Chief Administrative Officer of House

(a) Waiver of claim for erroneous payment of pay or allowances A claim of the United States against a person arising out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, on or after July 25, 1974 , to an officer or employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by the Speaker of the House.

(b) Investigation and report An application for waiver of a claim shall be investigated by the Chief Administrative Officer of the House of Representatives who shall submit a written report of his investigation to the Speaker of the House.

(c) Prohibition of waiver The Speaker of the House may not exercise his authority under this section to waive any claim— if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the officer or employee or any other person having an interest in obtaining a waiver of the claim; or if the application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered.

(d) Credit for waiver In the audit and settlement of the accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section.

(e) Effect of waiver An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes.

(f) Construction with other laws This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States.

(g) Rules and regulations The Speaker of the House shall prescribe rules and regulations to carry out the provisions of this section.

§ 4555 Withholding of State income tax by Chief Administrative Officer of House

(a) Agreement with proper State official; covered individuals Until otherwise provided by law, the Chief Administrative Officer of the House of Representatives shall, in accordance with subsections (b), (c), and (d) enter into an agreement with any State, at the request for agreement from the proper State official. The agreement shall provide that the Chief Administrative Officer shall withhold State income tax in the case of each Member and employee who is subject to such income tax and who voluntarily requests such withholding.

(b) Number of remittances authorized Any agreement entered into under subsection (a) shall not require the Chief Administrative Officer to remit sums withheld pursuant to any such agreement more often than once each calendar quarter.

(c) Acceptance or disapproval of proposed agreement by Committee on House Administration The Chief Administrative Officer shall, before entering into any agreement under subsection (a), transmit a statement with respect to the proposed agreement to the Committee on House Administration of the House of Representatives (hereinafter in this section and section 4556 of this title referred to as the “committee”). Such statement shall set forth a detailed description of the proposed agreement, together with any other information which the committee may require. If the committee does not disapprove, through appropriate action, any proposed agreement transmitted to the committee under paragraph (1) no later than ten legislative days after receiving such proposed agreement, then the Chief Administrative Officer may enter into such proposed agreement. The Chief Administrative Officer may not enter into any proposed agreement if such proposed agreement is disapproved by the committee under this paragraph.

(d) Number and effective date of requests for withholding; change of designated State; revocation of request A Member or employee may have in effect at any time only one request for withholding under subsection (a), and such Member or employee may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholding is effective on the first day of the month in which the request is processed by the Chief Administrative Officer, but in no event later than on the first day of the first month beginning after the day on which such request is received by the Chief Administrative Officer, except that— when the Chief Administrative Officer first enters into an agreement with a State under subsection (a), a request for withholding shall be effective on such date as the Chief Administrative Officer may determine; when an individual first receives an appointment as an employee, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment; and when an individual first becomes a Member, the request shall be effective on the day such individual takes the oath of office as a Member, if the individual makes the request at such time. A Member or employee may change the State designated by such Member or employee for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. A Member or employee also may revoke any request of such Member or employee for withholding. Any change in the State designated or revocation is effective on the first day of the month in which the request or the revocation is processed by the Chief Administrative Officer, but in no event later than on the first day of the first month beginning after the day on which such request or revocation is received by the Chief Administrative Officer.

(e) Provisions as not imposing duty, burden, requirement or penalty on United States, House, or any officer or employee of United States; effect of filing paper, form, or document with Chief Administrative Officer This section and section 4556 of this title impose no duty, burden, or requirement upon the United States, the House of Representatives, or any officer or employee of the United States, except as specifically provided in this section and section 4556 of this title . Nothing in this section and section 4556 of this title shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the House of Representatives, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section and section 4556 of this title . Any paper, form, document, or any other item filed with, or submitted to, the Chief Administrative Officer under this section and section 4556 of this title is considered to be a paper of the House of Representatives within the provisions of the Rules of the House of Representatives.

§ 4556 State income tax withholding; definitions

For purposes of section 4555 of this title and this section— the term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States; the term “Member” means a Member of the House of Representatives, the Delegates from the District of Columbia, Guam, and the Virgin Islands, and the Resident Commissioner from Puerto Rico; and the term “legislative days” does not include any calendar day on which the House of Representatives is not in session. ( Pub. L. 94–440, title II, § 101 , Oct. 1, 1976 , 90 Stat. 1448 .)

§ 4557 Withholding of charitable contributions by Chief Administrative Officer of House

(a) Authority Until otherwise provided by law and except as provided in subsection (c), the Chief Administrative Officer of the House of Representatives shall— notify employees of the opportunity to have amounts withheld from their compensation for contribution to charitable organizations; and if an employee files with such officer a voluntary request specifying the amount to be withheld and one Combined Federal Campaign Center in the Washington metropolitan area to receive such amount— withhold such amount from the compensation of such employee, and transmit (not less than once each calendar quarter) the amount so withheld to the Combined Federal Campaign Center as specified in such request.

(b) Time of fundraising activities The Chief Administrative Officer of the House of Representatives shall, to the extent practicable, carry out subsection (a) at or about the time of the Combined Federal Campaign and other fundraising in the executive branch of the Federal Government conducted pursuant to Executive Order 10927, dated March 18, 1961 , and at such other times as such officer deems appropriate.

(c) Minimum amounts withheld No amount shall be withheld under subsection (a) from the compensation of any employee for any pay period if the amount of such compensation for such period is less than the sum of— the amount specified to be withheld from such compensation under subsection (a) for such period, plus the amount of all other withholdings from such compensation for such period. No amount may be specified by an employee to be withheld for any pay period under subsection (a) which is less than— 50 cents, if the pay period of such individual is biweekly or semimonthly; or $1, if the pay period of such individual is monthly.

(d) Duty, burden, or requirement not imposed This section imposes no duty, burden, or requirement upon the United States, the House of Representatives, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the House of Representatives, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. Any paper, form, document, or any other item filed with, or submitted to, the Chief Administrative Officer of the House of Representatives under this section is considered to be a paper of the House of Representatives within the provisions of the Rules of the House of Representatives.

§ 4558 Withholding of charitable contributions; definitions

For purposes of section 4557 of this title — the term “charitable organizations” means national voluntary health and welfare agencies designated by the Director of the Office of Personnel Management pursuant to Executive Order 10927, dated March 19, 1961 ; and the term “employee” means any employee of the House of Representatives whose compensation is disbursed by the Chief Administrative Officer of the House of Representatives. ( Pub. L. 95–391, title I, § 111 , Sept. 30, 1978 , 92 Stat. 777 ; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979 , 43 F.R. 36037, 92 Stat. 3783 ; Pub. L. 104–186, title II, § 204(5)(B) , Aug. 20, 1996 , 110 Stat. 1730 .)

§ 4559 Certification of indebtedness of employees of House; withholding of amount

Whenever an employee of the House of Representatives becomes indebted to the House of Representatives and fails to pay the indebtedness, the chairman of the committee or the elected officer of the House of Representatives that has jurisdiction over the activity under which the indebtedness arises may certify to the Chief Administrative Officer of the House of Representatives the amount of the indebtedness. The Chief Administrative Officer of the House of Representatives is authorized to withhold the amount so certified from any amount which is disbursed by him and which is due to, or on behalf of, such employee. Whenever an amount is withheld under this section, the appropriate account shall be credited in an amount equal to the amount so withheld. As used in this section, the term “employee of the House of Representatives” means any person in the legislative branch of the Government whose salary, wages, or other compensation is disbursed by the Chief Administrative Officer of the House of Representatives. ( Pub. L. 85–492 , July 2, 1958 , 72 Stat. 293 ; Pub. L. 104–186, title II, § 204(42) , Aug. 20, 1996 , 110 Stat. 1736 .)

§ 4560 Deductions by Chief Administrative Officer in disbursement of gratuity appropriations

The Chief Administrative Officer of the House of Representatives is authorized, in the disbursement of gratuity appropriations, to make deductions of such amounts as may be due to or through his office or as may be due the House of Representatives. ( May 29, 1928, ch. 853, § 1 , 45 Stat. 885 ; Pub. L. 104–186, title II, § 204(26) , Aug. 20, 1996 , 110 Stat. 1734 .)

§ 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— 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; 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 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 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.

§ 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.

§ 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 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 annum gross rate and may not include a fractional part of a dollar. 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 The rate of compensation of each employee whose compensation is disbursed by the Secretary of the Senate which was fixed before August 1, 1967 , at a basic rate with respect to which additional compensation is payable by law shall be converted as of such date to the lowest per annum gross rate which is a multiple of $180andwhichisnotlessthantheaggregaterateofcompensation(basiccompensationplusadditionalcompensationprovidedbylaw)whichsuchemployeewasreceivingimmediatelypriortosuchdate.AnyincrementsoflongevitycompensationtowhichanemployeebecameentitledpriortoAugust1,1967,undersection4507(b)ofthistitleshallbeexcludedinconvertingsuchemployee’srateofcompensationunderthissubsection,butsuchemployee’srateofgrosscompensationshallbeincreasedby$540 (which shall be considered to be an increase under section 4507(b) of this title ) for each such increment.

(c) Reference in other provisions to basic rates and additional compensation as reference to per annum gross rate In any case in which the rate of compensation of any employee or position, or class of employees or positions, the compensation for which is disbursed by the Secretary of the Senate, or any maximum or minimum rate with respect to any such employee, position, or class, is referred to in or provided by statute or Senate resolution, and the rate so referred to or provided is a basic rate with respect to which additional compensation is provided by law, such statutory provision or resolution shall be deemed to refer, in lieu of such basic rate, to the per annum gross rate which an employee receiving such basic rate immediately prior to August 1, 1967 , would receive (without regard to such statutory provision or resolution) under subsection (b) on and after such date.

(d) Compensation of employees in office of Senator; limitation; titles of positions 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 $1,518,333ifthepopulationoftheStateislessthan5,000,000;$1,573,297 if such population is 5,000,000 but less than 6,000,000; $1,628,265ifsuchpopulationis6,000,000butlessthan7,000,000;$1,683,230 if such population is 7,000,000 but less than 8,000,000; $1,738,197ifsuchpopulationis8,000,000butlessthan9,000,000;$1,793,161 if such population is 9,000,000 but less than 10,000,000; $1,848,130ifsuchpopulationis10,000,000butlessthan11,000,000;$1,903,096 if such population is 11,000,000 but less than 12,000,000; $1,958,061ifsuchpopulationis12,000,000butlessthan13,000,000;$2,013,027 if such population is 13,000,000 but less than 14,000,000; $2,067,994ifsuchpopulationis14,000,000butlessthan15,000,000;$2,122,960 if such population is 15,000,000 but less than 16,000,000; $2,177,928ifsuchpopulationis16,000,000butlessthan17,000,000;$2,232,894 if such population is 17,000,000 but less than 18,000,000; $2,268,057ifsuchpopulationis18,000,000butlessthan19,000,000;$2,303,224 if such population is 19,000,000 but less than 20,000,000; $2,338,391ifsuchpopulationis20,000,000butlessthan21,000,000;$2,373,558 if such population is 21,000,000 but less than 22,000,000; $2,408,725ifsuchpopulationis22,000,000butlessthan23,000,000;$2,443,891 if such population is 23,000,000 but less than 24,000,000; $2,479,054ifsuchpopulationis24,000,000butlessthan25,000,000;$2,514,218 if such population is 25,000,000 but less than 26,000,000; $2,549,387ifsuchpopulationis26,000,000butlessthan27,000,000;$2,584,552 if such population is 27,000,000 but less than 28,000,000; and $2,619,720ifsuchpopulationis28,000,000ormore.Foranyfiscalyear,thepopulationofaStateshallbedeemedtobewhicheverofthefollowingisthehigher:thepopulationofsuchState(asdeterminedforpurposesofthisparagraph)fortheprecedingfiscalyear;orthepopulationofsuchStateasofthefirstdayofsuchfiscalyear,asdeterminedbythelatestcensus(provisionalorotherwise)conductedpriortosuchfirstdaybytheBureauoftheCensuswithintheDepartmentofCommerce.IfthepopulationofanyState,asdeterminedundertheprecedingsentence,isnotevenlydivisibleby1,000,000,thepopulationofsuchStateshallbedeemedtobeincreasedtothenexthighermultipleof1,000,000.If,foranyperiodafterafiscalyearhasbegun,thecensusfiguresofthemostrecentcensusconductedpriortothefirstdayofsuchyearhavenotbeenofficiallyreleased,then,forsuchperiod,intheadministrationofthisparagraph,itshallbeassumedthatthepopulationofeachStateisthesameassuchState’spopulation(asdeterminedforpurposesofthisparagraph)fortheprecedingfiscalyear.IntheeventthatthetermofofficeofaSenatorbeginsafterthefirstmonthofafiscalyearorends(exceptbyreasonofdeath,resignation,orexpulsion)beforethelastmonthofafiscalyear,theaggregateamountavailableforgrosscompensationofemployeesintheofficeofsuchSenatorforsuchyearshallbetheapplicableamountcontainedintheprecedingtable,dividedby12,andmultipliedbythenumberofmonthsinsuchyearwhichareincludedintheSenator’stermofoffice,countinganyfractionofamonthasafullmonth.InthecaseofgrosscompensationpaidtoemployeesintheofficeofaSenatorfortheperiodcommencingJanuary1,1988,andendingSeptember30,1988,thetotalof—theaggregateamountofgrosscompensationwhichispaidtoemployeesintheofficeofsuchSenatorforsuchperiod,plustheexpensespaidtooronbehalfofsuchSenatorunderauthorityofsection6314ofthistitle(asdeterminedafterapplicationofsubsection(b)ofsuchsection,butwithoutregardtoparagraph(2)(A)(iv)thereof),shallnotexceedtheaggregateof—subjecttothenextsentence,theamountbywhich(I)theaggregateofthegrosscompensationwhichmaybepaidtoemployeesintheofficeofsuchSenatorforthefiscalyearendingSeptember30,1988,asdeterminedunderthissubsection(butwithoutregardtothissubparagraph),exceeds(II)theaggregateamountofgrosscompensationwhichispaidtoemployeesintheofficeofsuchSenatorforthatpartofsuchfiscalyearwhichprecedesJanuary1,1988,plustheamountdescribedinsection6314(b)(2)(A)(iii)ofthistitle.IntheeventthatthetermofofficeofaSenatorbeginsafterthefirstmonthoftheperiodwhichcommencesJanuary1,1988,andendsSeptember30,1988,orends(exceptbyreasonofdeath,resignation,orexpulsion)beforethelastmonthofsuchperiod,theamountcomputedpursuanttoclause(iii)ofthissubparagraph(butbeforeapplicationofthissentence)shallberecalculatedasfollows:suchamount,assocomputed,shallbedividedby9,andmultipliedbythenumberofmonthsinsuchperiodwhichareincludedintheSenator’stermofoffice,countinganyfractionofamonthasafullmonth.InthecaseofgrosscompensationpaidtoemployeesintheofficeofaSenatorforthefiscalyearbeginningOctober1,1988,oranyfiscalyearthereafter,thetotalof—theaggregateamountofgrosscompensationwhichispaidtoemployeesintheofficeofsuchSenatorforsuchyear,plustheexpensespaidtooronbehalfofsuchSenatorunderauthorityofsection6314ofthistitle(asdeterminedafterapplicationofsubsection(b)ofsuchsection,butwithoutregardtoparagraph(3)(A)(ii)and(iv)thereof),shallnotexceedtheaggregateof—theamountdeterminedundersubparagraph(A)forsuchyear,plustheamountdescribedinsection6314(b)(3)ofthistitle(asdeterminedwithoutregardtosubparagraph(A)(ii)and(iv)thereof).Withinthelimitsprescribedbyparagraph(1)ofthissubsection,Senatorsmayfixthenumberandtheratesofcompensationofemployeesintheirrespectiveoffices.ThesalaryofanemployeeinaSenator’sofficeshallnotbefixedunderthisparagraphataratelessthan$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 , (2) Repealed. Pub. L. 96–304, title I, § 112(b)(1) , July 8, 1980 , 94 Stat. 892 . In this paragraph— the term “committee of the Senate” means— any standing committee (including the majority and minority policy committees) of the Senate; any select committee (including the conference majority and conference minority of the Senate); or any joint committee the expenses of which are paid from the contingent fund of the Senate; and an employee of a subcommittee shall be considered to be an employee of the full committee. Subject to adjustment as provided by law, no employee of a committee of the Senate shall be paid at a per annum 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 No officer or employee whose compensation is disbursed by the Secretary of the Senate shall be paid gross compensation 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 , unless expressly authorized by law. The limitation on the minimum rate of gross compensation under this subsection shall not apply to any member or civilian employee of the Capitol Police whose compensation is disbursed by the Secretary of the Senate.

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

For any position for which the Secretary of the Senate disburses the pay for the position and 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 this section, on and after such effective date the amount of the rate of pay for such position shall be fixed by the President pro tempore in an amount not to exceed the maximum rate of pay in effect under section 4575(f) of this title . For any position for which the Secretary of the Senate disburses the pay for the position and for which the maximum rate of pay for the particular position is fixed by statute on the day before the effective date of the amendments made by this section, on and after such effective date the maximum rate of pay for such position shall be fixed by the President pro tempore, which shall not exceed the maximum rate of pay in effect under section 4575(f) of this title . ( 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— the maximum rate specified in section 4575(d)(2) of this title , as amended and modified; or 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) 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. 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. For purposes of the Ethics in Government Act of 1978 (5 U.S.C. App.), 1 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. 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) 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. 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— the other qualifying position is with the other Office; or 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— 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 is one of the following: A position— that is in the office of a Senator; and the pay of which is disbursed by the Secretary of the Senate. A position— that is in any committee of the Senate (including a select or special committee) or a joint committee of Congress; and the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the heading “inquiries and investigations” or “Joint Economic Committee”, or a heading relating to a Joint Congressional Committee on Inaugural Ceremonies. A position— that is in another office (excluding the Office of the Vice President and the Office of the Chaplain of the Senate); and the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the heading “Salaries, Officers and Employees”. A position— that is filled pursuant to section 6311 of this title ; and the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the heading “miscellaneous items”.

§ 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) Definitions In this section: The term “departure date” means the earlier of— the date on which the term of a departing Senator or Vice President ends; or the date on which the departing Senator or Vice President will retire or resign. The term “departing Senator or Vice President” means a Senator or Vice President who will not serve in the next term due to retirement, resignation, a decision to not seek reelection, or a failure to secure reelection. The term “eligible employee” means an individual, except as provided under subsection (b)(3)— who is an employee of the Senate; and 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 . The term “employee of the Senate”— has the meaning given the term under section 1301 of this title ; and includes any employee of the Office of Congressional Accessibility Services whose pay is disbursed by the Secretary of the Senate. The term “employing office”— means the employing office, as defined under section 1301 of this title , of an employee of the Senate; and includes the Office of Congressional Accessibility Services with respect to employees of that office whose pay is disbursed by the Secretary of the Senate. The term “Secretary” means the Secretary of the Senate. The term “student loan” means— 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 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 The head of an employing office and an eligible employee may enter into a written service agreement under which— 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 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. A service agreement under this paragraph shall contain— the start and end dates of the required period of employment covered by the agreement; the monthly amount of the student loan payments to be provided by the employing office; the employee’s agreement to reimburse the Senate under the conditions set forth in subsection (d)(1); disclosure of the program limitations provided for in subsection (d)(4) and paragraphs (2), (3), (6), and (7) of subsection (f); other terms to which the employing office and employee agree (such as terms relating to job responsibilities or job performance expectations); and any other terms prescribed by the Secretary. The Secretary shall establish standard service agreements for employing offices to use in carrying out this section. On entering into a service agreement under this section, the employing office shall submit a copy of the service agreement to the Secretary. Notwithstanding section 5379 of title 5 , an employee of the Office of Congressional Accessibility Services may not participate in the student loan repayment program through an agreement under that section and participate in the student loan repayment program through a service agreement under this section at the same time.

(c) Program conditions Except as provided in subparagraph (B), the term of the required period of employment under a service agreement under this section shall be 1 year. On completion of the required period of employment under such a service agreement, the eligible employee and the employing office may enter into additional service agreements for successive 1-year periods of employment. After 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— is less than 1 year; and 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. The amount of student loan payments made under service agreements under this section on behalf of an eligible employee may not exceed— $833inanymonth;oratotalof$80,000. Any student loan payment made under this section in any month may not result in the sum of the payment and the compensation of an employee for that month exceeding 1 ⁄ 12 th of the applicable annual maximum gross compensation limitation under section 4575(d)(2), (e), or (f) of this title. Student loan payments made under this section under a service agreement shall begin the first day of the pay period after the date on which the agreement is signed and received by the Secretary, and shall be made on a monthly basis.

(d) Loss of eligibility for student loan payments and obligation to reimburse An 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— the employee voluntarily separates from service with the employing office; the employee engages in misconduct or does not maintain an acceptable level of performance, as determined by the head of the employing office; or the employee violates any condition of the agreement. The duty of an eligible employee to fulfill the required period of employment under the service agreement shall be terminated if— funds are not made available to cover the cost of the student loan repayment program carried out under this section; the employee and the head of the employing office involved mutually agree to terminate the service agreement; the agreement is terminated as provided under subsection (f)(7)(A); or the employee separates from service with the office of a departing Senator or Vice President. An employing office who hires an eligible employee during a required period of employment (including a required period of employment described in subsection (c)(1)(B)) under such a service agreement may assume the remaining obligations (as of the date of the hiring) of the employee’s prior employing office under the agreement. If an eligible employee fails to reimburse the Senate for the amount owed under paragraph (1), such amount shall be collected— 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 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. Any amount repaid by, or recovered from, an eligible employee under this section shall be credited to the subaccount for the employing office from which the amount involved was originally paid. Any amount so credited shall be merged with other sums in such subaccount for the employing office and shall be available for the same purposes, and subject to the same limitations (if any), as the sums with which such amount is merged.

(e) Records and reports Not 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— the number of eligible employees that received student loan payments under this section; and the costs of such payments, including— the amount of such payments made for each eligible employee; the amount of any reimbursement amounts for early separation from service or whether any waivers were provided with respect to such reimbursements; and 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. Such report shall not include any information which is considered confidential or could disclose the identity of individual employees or employing offices. Information required to be contained in the report of the Secretary under section 4108 of this title shall not be considered to be personal information for purposes of this paragraph.

(f) Other administrative matters The Secretary shall establish and maintain a central account from which student loan payments available under this section shall be paid on behalf of eligible employees. The Secretary shall ensure that, within the account established under subparagraph (A), a separate subaccount is established for each employing office to be used by each such office to make student loan payments under this section. Such student loan payments shall be made from any funds available to the employing office for student loan payments that are contained in the subaccount for the office. Amounts in each subaccount established under this paragraph shall not be made available for any purpose other than to make student loan payments under this section. Student loan payments may begin under this section with respect to an eligible employee upon— the receipt by the Secretary of a signed service agreement; and 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. Student loan payments may be made under this section only with respect to the amount of student loan indebtedness of the eligible employee that is outstanding on the date on which the employee and the employing office enter into a service agreement under this section. Such payments may not be made under this section on a student loan that is in default or arrears. Student loan payments may be made under this section with respect to more than 1 student loan of an eligible employee at the same time or separately, if the total payments on behalf of such employee do not exceed the limits under subsection (c)(2)(A). Student loan payments made on behalf of an eligible employee under this section shall be in addition to any basic pay and other forms of compensation otherwise payable to the eligible employee, and shall be subject to withholding for income and employment tax obligations as provided for by law. An agreement to make student loan payments under this section shall not exempt an eligible employee from the responsibility or liability of the employee with respect to the loan involved and the eligible employee shall continue to be responsible for making student loan payments on the portion of any loan that is not covered under the terms of the service agreement. Notwithstanding the terms of a service agreement under this section, the head of an employing office may reduce the amount of student loan payments made under the agreement if adequate funds are not available to such office. If the head of an employing office decides to reduce the amount of student loan payments to an eligible employee under clause (i)— the employing office shall concurrently notify the eligible employee and the Secretary of the Senate of the reduction; and not later than 30 days after the date of the concurrent notice, the eligible employee may terminate the service agreement. Notwithstanding 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— the office has adequate funds available for the purpose of agreements under this section; the amount of the increased payment does not exceed the limitations under this section; and 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. A service agreement under this section shall not be construed to create a right to, promise of, or entitlement to the continued employment of the eligible employee. A student loan payment under this section shall not be construed to be an entitlement for any eligible employee. A student loan payment under this section— 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 shall not be included in Federal wages for purposes of chapter 85 of such title (relating to unemployment compensation).

(g) Allocation of funds In this subsection, the term “maximum amount”, used with respect to a fiscal year, means— in the case of an employing office described in subsection (h)(1)(A), the amount described in that subsection for that fiscal year; and in the case of an employing office described in subsection (h)(1)(B), the amount described in that subsection for that fiscal year. From 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— the maximum amount for that employing office for that fiscal year; or 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. In the case of an employing office that is a Committee of the Senate, the funds allocated under this subsection shall be apportioned between the majority and minority staff of the committee in the same manner as amounts are apportioned between the staffs for salaries.

(h) Authorization of appropriations There are authorized to be appropriated (or otherwise made available from appropriations) to carry out this section the following amounts for each fiscal year: 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. 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. Amounts provided under this section shall be subject to annual appropriations.

(i) Effective date This section shall apply to fiscal year 2002 and each fiscal year thereafter.

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

(a) Authorization The 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— the head of the employing office— has approved a written leave policy authorizing employees to accrue leave and establishing the conditions upon which accrued leave may be paid; and 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 there are sufficient funds to cover the lump sum payment.

(b) Rates A lump sum payment under this section shall not exceed the lesser of— twice the monthly rate of pay of the employee; or the product of the daily rate of pay of the employee and the number of days of accrued annual leave of the employee. 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.

(c) Source of payment Any payment under this section shall be paid from the appropriation account or fund used to pay the employee.

(d) Reemployment refund If an individual who received a lump sum payment under this section is reemployed as an employee of the Senate before the end of the period covered by the lump sum payment, the individual shall refund an amount equal to the applicable pay covering the period between the date of reemployment and the expiration of the lump sum period. Such amount shall be deposited to the appropriation account or fund used to pay the lump sum payment.

(e) Regulations The Committee on Rules and Administration of the Senate may prescribe regulations to carry out this section.

(f) Definitions In this section, the term— “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 “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.

§ 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 .

§ 4591 Vice President, Senators, officers, and employees paid by Secretary of Senate; payment of salary; advance payment

The compensation of the Vice President, Senators, and officers and employees, whose compensation is disbursed by the Secretary of the Senate, shall be payable on the fifth day of the month following the month in which such compensation accrued, except that— Repealed. Pub. L. 97–51, § 111(a)(1) , Oct. 1, 1981 , 95 Stat. 962 ; when such fifth or twentieth day falls on Saturday, Sunday, or on a legal holiday (including any holiday on which the banks of the District of Columbia are closed pursuant to law), such compensation shall be payable on the next preceding workday; and any part of such compensation accrued for any month may, in the discretion of the Secretary of the Senate, be paid prior to the day specified in the preceding provisions of this section. For purposes of title 26 and for accounting and reporting purposes, disbursements made in accordance with this section on the fifth day of a month, or on the next preceding workday if such fifth day falls on Saturday, Sunday, or a legal holiday, shall be considered to have been made on the last day of the preceding month. ( Pub. L. 86–426, § 1 , Apr. 20, 1960 , 74 Stat. 53 ; Pub. L. 92–136, § 6 , Oct. 11, 1971 , 85 Stat. 378 ; Pub. L. 96–38, title I, § 108(a) , July 25, 1979 , 93 Stat. 113 ; Pub. L. 97–51 , §§ 111(a), 112(a), Oct. 1, 1981 , 95 Stat. 962 ; Pub. L. 97–257, title I, § 105(a) , Sept. 10, 1982 , 96 Stat. 849 ; Pub. L. 99–514, § 2 , Oct. 22, 1986 , 100 Stat. 2095 .)

§ 4592 Payment of sums due deceased Senators and Senate personnel

Under regulations prescribed by the Secretary of the Senate, a person serving as a Senator or officer or employee whose compensation is disbursed by the Secretary of the Senate may designate a beneficiary or beneficiaries to be paid any unpaid balance of salary or other sums due such person at the time of his death. When any person dies while so serving, any such unpaid balance shall be paid by the disbursing officer of the Senate to the designated beneficiary or beneficiaries. If no designation has been made, such unpaid balance shall be paid to the widow or widower of that person, or if there is no widow or widower, to the next of kin or heirs at law of that person. Section 50 of the Revised Statutes 1 shall not be effective as to persons included within the foregoing. ( Jan. 6, 1951, ch. 1213 , Ch. I, § 1, 64 Stat. 1224 ; Pub. L. 92–607 , ch. V, § 503, Oct. 31, 1972 , 86 Stat. 1505 .)

§ 4593 Waiver by Secretary of Senate of claims of United States arising out of erroneous payments to Vice President, Senator, or Senate employee paid by Secretary of Senate

(a) Waiver of claim for erroneous payment of pay or allowances A claim of the United States against a person arising out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, on or after July 25, 1974 , to the Vice President, a Senator, or to an officer or employee whose pay is disbursed by the Secretary of the Senate, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by the Secretary of the Senate. An application for waiver shall be investigated by the Financial Clerk of the Senate who shall submit a written report of his investigation to the Secretary of the Senate. An application for waiver of a claim in an amount aggregating more than $1,500 may also be investigated by the Comptroller General of the United States who shall submit a written report of his investigation to the Secretary of the Senate.

(b) Prohibition of waiver The Secretary of the Senate may not exercise his authority under this section to waive any claim— if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the Vice President, the Senator, the officer or employee, or any other person having an interest in obtaining a waiver of the claim; or if the application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered.

(c) Credit for waiver In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section.

(d) Effect of waiver An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes.

(e) Construction with other laws This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States.

(f) Rules and regulations The Secretary of the Senate shall promulgate rules and regulations to carry out the provisions of this section.

§ 4594 Withholding and remittance of State income tax by Secretary of Senate

(a) Agreement by Secretary with appropriate State official; covered individuals Whenever— the law of any State provides for the collection of an income tax by imposing upon employers generally the duty of withholding sums from the compensation of employees and remitting such sums to the authorities of such State; and such duty to withhold is imposed generally with respect to the compensation of employees who are residents of such State; then the Secretary of the Senate is authorized, in accordance with the provisions of this section, to enter into an agreement with the appropriate official of that State to provide for the withholding and remittance of sums for individuals— whose pay is disbursed by the Secretary; and who request the Secretary to make such withholdings for remittance to that State.

(b) Number of remittances authorized Any agreement entered into under subsection (a) of this section shall not require the Secretary to remit such sums more often than once each calendar quarter.

(c) Requests by individuals of Secretary for withholding and remittance; amount of withholding; number and effective date of requests; change of designated State; revocation of request; rules and regulations An individual whose pay is disbursed by the Secretary may request the Secretary to withhold sums from his pay for remittance to the appropriate authorities of the State that he designates. Amounts of withholdings shall be made in accordance with those provisions of the law of that State which apply generally to withholding by employers. An individual may have in effect at any time only one request for withholdings, and he may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholdings is effective on the first day of the first month commencing after the day on which the request is received in the Disbursing Office of the Senate, except that— when the Secretary first enters into an agreement with a State, a request for withholdings shall be effective on such date as the Secretary may determine; and when an individual first receives an appointment, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment. An individual may change the State designated by him for the purposes of having withholdings made and request that the withholdings be remitted in accordance with such change, and he may also revoke his request for withholdings. Any change in the State designated or revocation is effective on the first day of the first month commencing after the day on which the request for change or the revocation is received in the Disbursing Office. The Secretary is authorized to issue rules and regulations he considers appropriate in carrying out this subsection.

(d) Time or times of agreements by Secretary The Secretary may enter into agreements under subsection (a) of this section at such time or times as he considers appropriate.

(e) Provisions as not imposing duty, burden, requirement or penalty on United States, Senate, or any officer or employee of United States; effect of filing paper, form, or document with Secretary This section imposes no duty, burden, or requirement upon the United States, the Senate, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the Senate, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. Any paper, form, or document filed with the Secretary under this section is a paper of the Senate within the provisions of rule XXX of the Standing Rules of the Senate.

(f) “State” defined For the purposes of this section, “State” means any of the States of the United States and the District of Columbia.

§ 4595 Payment for unaccrued leave

(a) In general The Financial Clerk of the Senate is authorized to accept from an individual whose pay is disbursed by the Secretary of 1 Senate a payment representing pay for any period of unaccrued annual leave used by that individual, as certified by the head of the employing office of the individual making the payment.

(b) Withholding The Financial Clerk of the Senate is authorized to withhold the amount referred to in subsection (a) from any amount which is disbursed by the Secretary of the Senate and which is due to or on behalf of the individual described in subsection (a).

(c) Deposit Any payment accepted under this section shall be deposited in the general fund of the Treasury as miscellaneous receipts.

(d) “Head of the employing office” defined As used in this section, the term “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.

(e) Applicability This section shall apply to fiscal year 1996 and each fiscal year thereafter.