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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5086 Engrossed in Senate (ES)]

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116th CONGRESS
  2d Session
                                S. 5086

_______________________________________________________________________

                                 AN ACT

 
To allow Senators, Senators-elect, committees of the Senate, leadership 
 offices, and other offices of the Senate to share employees, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senate Shared Employee Act''.

SEC. 2. ALLOWING SENATORS, COMMITTEES, LEADERSHIP OFFICES, AND OTHER 
              OFFICES OF THE SENATE TO SHARE EMPLOYEES.

    (a) In General.--Section 114 of the Legislative Branch 
Appropriation Act, 1978 (2 U.S.C. 4576) is amended--
            (1) by inserting ``(a)'' before ``Notwithstanding'';
            (2) by striking ``position, each of'' and all that follows 
        through the period at the end and inserting the following: 
        ``qualifying position if the aggregate gross pay from those 
        positions does not exceed--
            ``(1) the maximum rate specified in section 105(d)(2) of 
        the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 
        4575(d)(2)), as amended and modified; or
            ``(2) in a case where 1 or more of the individual's 
        qualifying positions are positions described in subsection 
        (d)(2)(B), the maximum rate specified in section 105(e)(3) of 
        the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 
        4575(e)(3)), as amended and modified.''; and
            (3) by adding at the end the following:
    ``(b)(1) For an individual serving in more than 1 qualifying 
position under subsection (a), the cost of any travel for official 
business shall be paid by the office authorizing the travel.
    ``(2) Messages for each electronic mail account used in connection 
with carrying out the official duties of an individual serving in more 
than 1 qualifying position under subsection (a) may be delivered to and 
sent from a single handheld communications device provided to the 
individual for purposes of official business.
    ``(3)(A) For purposes of the Ethics in Government Act of 1978 (5 
U.S.C. App.), the rate of basic pay for an individual serving in more 
than 1 qualifying position under subsection (a) shall be the total 
basic pay received by the individual from all such positions.
    ``(B) For an individual serving in more than one qualifying 
position under subsection (a), for purposes of the rights and 
obligations described in, or described in the provisions applied under, 
title II of the Congressional Accountability Act of 1995 (2 U.S.C. 1311 
et seq.) related to practices used at a time when the individual is 
serving in such a qualifying position with an employing office, the 
rate of pay for the individual shall be the individual rate of pay 
received from the employing office.
    ``(c)(1) If the duties of a qualifying position under subsection 
(a) include information technology services and support, an individual 
may only serve in the qualifying position and 1 or more additional 
qualifying positions under such subsection if the individual is in 
compliance with each information technology standard and policy 
established for Senate offices by the Office of the Sergeant at Arms 
and Doorkeeper of the Senate.
    ``(2) Notwithstanding subsection (a), an employee serving in a 
qualifying position in the Office of the Secretary of the Senate or the 
Office of the Sergeant at Arms and Doorkeeper of the Senate may serve 
in an additional qualifying position only if--
            ``(A) the other qualifying position is with the other 
        Office; or
            ``(B) the Committee on Rules and Administration of the 
        Senate has approved the arrangement.
    ``(d) In this section, the term `qualifying position' means a 
position that--
            ``(1) is designated as a shared position for purposes of 
        this section by the Senator or other head of the office in 
        which the position is located; and
            ``(2) is one of the following:
                    ``(A) A position--
                            ``(i) that is in the office of a Senator; 
                        and
                            ``(ii) the pay of which is disbursed by the 
                        Secretary of the Senate.
                    ``(B) A position--
                            ``(i) that is in any committee of the 
                        Senate (including a select or special 
                        committee) or a joint committee of Congress; 
                        and
                            ``(ii) the pay of which is disbursed by the 
                        Secretary of the Senate out of an appropriation 
                        under the heading `inquiries and 
                        investigations' or `Joint Economic Committee', 
                        or a heading relating to a Joint Congressional 
                        Committee on Inaugural Ceremonies.
                    ``(C) A position--
                            ``(i) that is in another office (excluding 
                        the Office of the Vice President and the Office 
                        of the Chaplain of the Senate); and
                            ``(ii) the pay of which is disbursed by the 
                        Secretary of the Senate out of an appropriation 
                        under the heading `Salaries, Officers and 
                        Employees'.
                    ``(D) A position--
                            ``(i) that is filled pursuant to section 
                        105 of the Second Supplemental Appropriations 
                        Act, 1978 (2 U.S.C. 6311); and
                            ``(ii) the pay of which is disbursed by the 
                        Secretary of the Senate out of an appropriation 
                        under the heading `miscellaneous items'.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect beginning on the day that is 6 months after the date of 
enactment of this Act.

            Passed the Senate January 1, 2021.

            Attest:

                                                             Secretary.
116th CONGRESS

  2d Session

                                S. 5086

_______________________________________________________________________

                                 AN ACT

To allow Senators, Senators-elect, committees of the Senate, leadership 
 offices, and other offices of the Senate to share employees, and for 
                            other purposes.
```