II 

116TH CONGRESS 

2D SESSION S. 5086 

To allow Senators, Senators-elect, committees of the Senate, leadership offices, 

and other offices of the Senate to share employees, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 1, 2021 

Ms. KLOBUCHAR introduced the following bill; which was read twice, 

considered, read the third time, and passed 

A BILL 

To allow Senators, Senators-elect, committees of the Senate, 

leadership offices, and other offices of the Senate to 

share employees, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Senate Shared Em5 ployee Act’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 5086 CPS

1 SEC. 2. ALLOWING SENATORS, COMMITTEES, LEADERSHIP 

2 OFFICES, AND OTHER OFFICES OF THE SEN3 ATE TO SHARE EMPLOYEES. 

4 (a) IN GENERAL.—Section 114 of the Legislative 

5 Branch Appropriation Act, 1978 (2 U.S.C. 4576) is 

6 amended— 

7 (1) by inserting ‘‘(a)’’ before ‘‘Notwith8 standing’’; 

9 (2) by striking ‘‘position, each of’’ and all that 

10 follows through the period at the end and inserting 

11 the following: ‘‘qualifying position if the aggregate 

12 gross pay from those positions does not exceed— 

13 ‘‘(1) the maximum rate specified in section 

14 105(d)(2) of the Legislative Branch Appropriation 

15 Act, 1968 (2 U.S.C. 4575(d)(2)), as amended and 

16 modified; or 

17 ‘‘(2) in a case where 1 or more of the individ18 ual’s qualifying positions are positions described in 

19 subsection (d)(2)(B), the maximum rate specified in 

20 section 105(e)(3) of the Legislative Branch Appro21 priation Act, 1968 (2 U.S.C. 4575(e)(3)), as amend22 ed and modified.’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(b)(1) For an individual serving in more than 1 

25 qualifying position under subsection (a), the cost of any 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 5086 CPS

1 travel for official business shall be paid by the office au2 thorizing the travel. 

3 ‘‘(2) Messages for each electronic mail account used 

4 in connection with carrying out the official duties of an 

5 individual serving in more than 1 qualifying position under 

6 subsection (a) may be delivered to and sent from a single 

7 handheld communications device provided to the individual 

8 for purposes of official business. 

9 ‘‘(3)(A) For purposes of the Ethics in Government 

10 Act of 1978 (5 U.S.C. App.), the rate of basic pay for 

11 an individual serving in more than 1 qualifying position 

12 under subsection (a) shall be the total basic pay received 

13 by the individual from all such positions. 

14 ‘‘(B) For an individual serving in more than one 

15 qualifying position under subsection (a), for purposes of 

16 the rights and obligations described in, or described in the 

17 provisions applied under, title II of the Congressional Ac18 countability Act of 1995 (2 U.S.C. 1311 et seq.) related 

19 to practices used at a time when the individual is serving 

20 in such a qualifying position with an employing office, the 

21 rate of pay for the individual shall be the individual rate 

22 of pay received from the employing office. 

23 ‘‘(c)(1) If the duties of a qualifying position under 

24 subsection (a) include information technology services and 

25 support, an individual may only serve in the qualifying poVerDate Sep 11 2014 21:31 Jan 01, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5086.CPS S5086

pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 5086 CPS

1 sition and 1 or more additional qualifying positions under 

2 such subsection if the individual is in compliance with each 

3 information technology standard and policy established for 

4 Senate offices by the Office of the Sergeant at Arms and 

5 Doorkeeper of the Senate. 

6 ‘‘(2) Notwithstanding subsection (a), an employee 

7 serving in a qualifying position in the Office of the Sec8 retary of the Senate or the Office of the Sergeant at Arms 

9 and Doorkeeper of the Senate may serve in an additional 

10 qualifying position only if— 

11 ‘‘(A) the other qualifying position is with the 

12 other Office; or 

13 ‘‘(B) the Committee on Rules and Administra14 tion of the Senate has approved the arrangement. 

15 ‘‘(d) In this section, the term ‘qualifying position’ 

16 means a position that— 

17 ‘‘(1) is designated as a shared position for pur18 poses of this section by the Senator or other head 

19 of the office in which the position is located; and 

20 ‘‘(2) is one of the following: 

21 ‘‘(A) A position— 

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

23 and 

24 ‘‘(ii) the pay of which is disbursed by 

25 the Secretary of the Senate. 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 5086 CPS

1 ‘‘(B) A position— 

2 ‘‘(i) that is in any committee of the 

3 Senate (including a select or special com4 mittee) or a joint committee of Congress; 

5 and 

6 ‘‘(ii) the pay of which is disbursed by 

7 the Secretary of the Senate out of an ap8 propriation under the heading ‘INQUIRIES

9 AND INVESTIGATIONS’ or ‘JOINT ECO10 NOMIC COMMITTEE’, or a heading relating 

11 to a Joint Congressional Committee on In12 augural Ceremonies. 

13 ‘‘(C) A position— 

14 ‘‘(i) that is in another office (exclud15 ing the Office of the Vice President and 

16 the Office of the Chaplain of the Senate); 

17 and 

18 ‘‘(ii) the pay of which is disbursed by 

19 the Secretary of the Senate out of an ap20 propriation under the heading ‘SALARIES, 

21 OFFICERS AND EMPLOYEES’. 

22 ‘‘(D) A position— 

23 ‘‘(i) that is filled pursuant to section 

24 105 of the Second Supplemental Appro25 priations Act, 1978 (2 U.S.C. 6311); and 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 5086 CPS

1 ‘‘(ii) the pay of which is disbursed by 

2 the Secretary of the Senate out of an ap3 propriation under the heading ‘MISCELLA4 NEOUS ITEMS’.’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 subsection (a) shall take effect beginning on the day that 

7 is 6 months after the date of enactment of this Act. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS