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2 U.S.C. § 4576 (THE CONGRESS)
§ 4576. Availability of appropriated funds for payment to an individual of pay from more than one position; conditions
Notwithstanding any other provision of law, appropriated funds are available for payment to an individual of pay from more than one position, each of which is either in the office of a Senator and the pay of which is disbursed by the Secretary of the Senate or is in another office and the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the heading “Salaries, Officers, and Employees”, if the aggregate gross pay from those positions does not exceed the maximum rate specified in section 4575(d)(2) of this title.
(Pub. L. 95–94, title I, § 114, Aug. 5, 1977, 91 Stat. 665; Pub. L. 95–240, title II, § 207, Mar. 7, 1978, 92 Stat. 117; Pub. L. 100–202, § 101(i) [title I, § 9], Dec. 22, 1987, 101 Stat. 1329–290, 1329–295.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 61–1a of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
Section is from the Congressional Operations Appropriation Act, 1978, which is title I of the Legislative Branch Appropriation Act, 1978.
heading: Amendments
text: 1987—Pub. L. 100–202 amended section generally. Prior to amendment, section read as follows: “Notwithstanding any other provision of law, appropriated funds are available for payment to an individual of pay from more than one position, the pay for each of which is disbursed by the Secretary of the Senate out of an appropriation under the heading ‘Salaries, Officers and Employees’, if the aggregate gross pay from those positions does not exceed the amount specified in section 61–1(d)(2)(ii) of this title.”
1978—Pub. L. 95–240 substituted provisions relating to pay disbursed by Secretary of Senate from appropriation with the heading for salaries, etc., for provisions requiring positions to be in office of a Senator and the pay for each disbursed by Secretary of Senate.
2 U.S.C. § 4577 (THE CONGRESS)
§ 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.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 61–1b of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriation Act, 1985, which is title I of the Legislative Branch Appropriations Act, 1985.
2 U.S.C. § 4578 (THE CONGRESS)
§ 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.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 66a of this title prior to editorial reclassification and renumbering as this section.
2 U.S.C. § 4580 (THE CONGRESS)
§ 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—
(1) the head of the employing office—
(A) has approved a written leave policy authorizing employees to accrue leave and establishing the conditions upon which accrued leave may be paid; and
(B) submits written certification to the Financial Clerk of the Senate of the number of days of annual leave accrued by the employee for which payment is to be made under the written leave policy of the employing office; and
(2) there are sufficient funds to cover the lump sum payment.
(b) Rates
(1) A lump sum payment under this section shall not exceed the lesser of—
(A) twice the monthly rate of pay of the employee; or
(B) the product of the daily rate of pay of the employee and the number of days of accrued annual leave of the employee.
(2) The Secretary of the Senate shall determine the rates of pay of an employee under paragraph (1)(A) and (B) on the basis of the annual rate of pay of the employee in effect on the date of termination of employment.
(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—
(1) “employee of the Senate” means any employee whose pay is disbursed by the Secretary of the Senate, except that the term does not include a member of the Capitol Police or a civilian employee of the Capitol Police; and
(2) “head of the employing office” means any person with the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of an individual whose pay is disbursed by the Secretary of the Senate.
(Pub. L. 106–554, § 1(a)(2) [title I, § 6], Dec. 21, 2000, 114 Stat. 2763, 2763A–97.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified as a note under section 60o of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 2001, which is title I of the Legislative Branch Appropriations Act, 2001.
2 U.S.C. § 4581 (THE CONGRESS)
§ 4581. Aggregate gross compensation of employee of Senator of State with population under 5,000,000
(a) Notwithstanding the provisions of section 4575(d)(1) of this title, and except as otherwise provided in subparagraph (C) of such subsection (d)(1), the aggregate of gross compensation paid employees in the office of a Senator shall not exceed during each fiscal year $1,012,083 if the population of his State is less than 5,000,000.
(b) Subsection (a) shall take effect October 1, 1991.
(Pub. L. 102–90, title I, § 5, Aug. 14, 1991, 105 Stat. 450.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 61–1c of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1992, which is title I of the Legislative Branch Appropriations Act, 1992.
2 U.S.C. § 4592 (THE CONGRESS)
§ 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.)
heading: Editorial Notes
heading: References in Text
text: Section 50 of the Revised Statutes, referred to in text, was classified to section 38 of this title and was repealed by Pub. L. 104–186, title II, § 203(4), Aug. 20, 1996, 110 Stat. 1725. See section 5305 of this title.
heading: Codification
text: Section was formerly classified to section 36a of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1972—Pub. L. 92–607 inserted provisions for designation of a beneficiary by Senators and officers and employees whose compensation is disbursed by Secretary of Senate to whom shall be paid any unpaid balance of salary or other sums due such person at time of death.
2 U.S.C. § 4595 (THE CONGRESS)
§ 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.
(Pub. L. 104–197, title I, § 9, Sept. 16, 1996, 110 Stat. 2398.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 60p of this title prior to editorial reclassification and renumbering as this section.
Section is from the Congressional Operations Appropriations Act, 1997, which is title I of the Legislative Branch Appropriations Act, 1997.
2 U.S.C. § 4701 (THE CONGRESS)
§ 4701. Subletting duties of employees of Senate or House
No employee of Congress, either in the Senate or House, shall sublet to, or hire, another to do or perform any part of the duties or work attached to the position to which he was appointed.
(Mar. 2, 1895, ch. 177, § 1, 28 Stat. 771.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 101 of this title prior to editorial reclassification and renumbering as this section.
2 U.S.C. § 4702 (THE CONGRESS)
§ 4702. Notification of post-employment restrictions for Members of Congress and employees
(a) Notification of post-employment restrictions
After a Member of Congress or an elected officer of either House of Congress leaves office, or after the termination of employment with the House of Representatives or the Senate of an employee who is covered under paragraph (2), (3), (4), or (5) of section 207(e) of title 18, the Clerk of the House of Representatives, after consultation with the Committee on Standards of Official Conduct, or the Secretary of the Senate, as the case may be, shall notify the Member, officer, or employee of the beginning and ending date of the prohibitions that apply to the Member, officer, or employee under section 207(e) of that title.
(b) Posting on Internet
The Clerk of the House of Representatives, with respect to notifications under subsection (a) relating to Members, officers, and employees of the House, and the Secretary of the Senate, with respect to such notifications relating to Members, officers, and employees of the Senate, shall post the information contained in such notifications on the public Internet site of the Office of the Clerk or the Secretary of the Senate, as the case may be, in a format that, to the extent technically practicable, is searchable, sortable, and downloadable.
(Pub. L. 110–81, title I, § 103, Sept. 14, 2007, 121 Stat. 739.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 104d of this title prior to editorial reclassification and renumbering as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
heading: Effective Date
text: Pub. L. 110–81, title I, § 105(c), Sept. 14, 2007, 121 Stat. 741, provided that:
“(1) Notification of post-employment restrictions.—
Subsection (a) of section 103 [2 U.S.C. 4702(a)] shall take effect on the 60th day after the date of the enactment of this Act [Sept. 14, 2007].
“(2) Posting of information.—
Subsection (b) of section 103 [2 U.S.C. 4702(b)] shall take effect January 1, 2008, except that the Secretary of the Senate and the Clerk of the House of Representatives shall post the information contained in notifications required by that subsection that are made on or after the effective date provided under paragraph (1) of this subsection.”
2 U.S.C. § 4713 (THE CONGRESS)
§ 4713. Reporting payments made to witnesses before Committee on Standards of Official Conduct
Notwithstanding any other provision of law or any other rule or regulation, any information on payments made by the Committee on Standards of Official Conduct of the House of Representatives to an individual for attendance as a witness before the Committee in executive session during a Congress shall be reported not later than the second semiannual report filed under section 5535 of this title in the following Congress.
(Pub. L. 105–275, title I, § 105, Oct. 21, 1998, 112 Stat. 2439.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified as a note under section 104b of this title prior to editorial reclassification and renumbering as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
2 U.S.C. § 4721 (THE CONGRESS)
§ 4721. Referral of ethics violations by Senate Ethics Committee to Government Accountability Office for investigation
If the Committee on Ethics of the Senate determines that there is a reasonable basis to believe that a Member, officer, or employee of the Senate may have committed an ethics violation, the committee may request the Office of Special Investigations of the Government Accountability Office to conduct factfinding and an investigation into the matter. The Office of Special Investigations shall promptly investigate the matter as directed by the committee.
(Pub. L. 101–194, title V, § 501, Nov. 30, 1989, 103 Stat. 1753; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 72a–1g of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in section catchline and text.
2 U.S.C. § 4722 (THE CONGRESS)
§ 4722. Mandatory Senate ethics training for Members and staff
(a) Training program
The Select Committee on Ethics shall conduct ongoing ethics training and awareness programs for Members of the Senate and Senate staff.
(b) Requirements
The ethics training program conducted by the Select Committee on Ethics shall be completed by—
(1) new Senators or staff not later than 60 days after commencing service or employment; and
(2) Senators and Senate staff serving or employed on September 14, 2007, not later than 165 days after September 14, 2007.
(Pub. L. 110–81, title V, § 553, Sept. 14, 2007, 121 Stat. 773.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 72a–1h of this title prior to editorial reclassification and renumbering as this section.
2 U.S.C. § 4723 (THE CONGRESS)
§ 4723. Annual report by Select Committee on Ethics
The Select Committee on Ethics of the Senate shall issue an annual report due no later than January 31, describing the following:
(1) The number of alleged violations of Senate rules received from any source, including the number raised by a Senator or staff of the committee.
(2) A list of the number of alleged violations that were dismissed—
(A) for lack of subject matter jurisdiction or, in which, even if the allegations in the complaint are true, no violation of Senate rules would exist; or
(B) because they failed to provide sufficient facts as to any material violation of the Senate rules beyond mere allegation or assertion.
(3) The number of alleged violations in which the committee staff conducted a preliminary inquiry.
(4) The number of alleged violations that resulted in an adjudicatory review.
(5) The number of alleged violations that the committee dismissed for lack of substantial merit.
(6) The number of private letters of admonition or public letters of admonition issued.
(7) The number of matters resulting in a disciplinary sanction.
(8) Any other information deemed by the committee to be appropriate to describe its activities in the preceding year.
(Pub. L. 110–81, title V, § 554, Sept. 14, 2007, 121 Stat. 773.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 72a–1i of this title prior to editorial reclassification and renumbering as this section.
2 U.S.C. § 4724 (THE CONGRESS)
§ 4724. Amendment to Senate conflict of interest rule
(a) Except as provided by subsection (b), any employee of the Senate who is required to file a report pursuant to Senate rules shall refrain from participating personally and substantially as an employee of the Senate in any contact with any agency of the executive or judicial branch of Government with respect to non-legislative matters affecting any non-governmental person in which the employee has a significant financial interest.
(b) Subsection (a) shall not apply if an employee first advises his supervisor of his significant financial interest and obtains from such supervisor a written waiver stating that the participation of the employee is necessary. A copy of each such waiver shall be filed with the Select Committee.
(Pub. L. 101–194, title IX, § 903, Nov. 30, 1989, 103 Stat. 1781.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 60–2 of this title prior to editorial reclassification and renumbering as this section.
2 U.S.C. § 4727 (THE CONGRESS)
§ 4727. Senate privately paid travel public website
(a) Travel disclosure
Not later than January 1, 2008, the Secretary of the Senate shall establish a publicly available website without fee or without access charge, that contains information on travel that is subject to disclosure under paragraph 2 of rule XXXV of the Standing Rules of the Senate, that includes, with respect to travel occurring on or after January 1, 2008—
(1) a search engine;
(2) uniform categorization by Member, dates of travel, and any other common categories associated with congressional travel; and
(3) forms filed in the Senate relating to officially related travel.
(b) Retention
The Secretary of the Senate shall maintain the information posted on the public Internet site of the Office of the Secretary under this section for a period not longer than 4 years after receiving the information.
(c) Extension of authority
If the Secretary of the Senate is unable to meet the deadline established under subsection (a), the Committee on Rules and Administration of the Senate may grant an extension of the Secretary of the Senate.
(e) 1 Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
(Pub. L. 110–81, title V, § 546, Sept. 14, 2007, 121 Stat. 772.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 104g of this title prior to editorial reclassification and renumbering as this section.
2 U.S.C. § 4728 (THE CONGRESS)
§ 4728. Notification of post-employment restrictions for Senators and employees
(a) In general
After a Senator or an elected officer of the Senate leaves office or after the termination of employment with the Senate of an employee of the Senate, the Secretary of the Senate shall notify the Member, officer, or employee of the beginning and ending date of the prohibitions that apply to the Member, officer, or employee under rule XXXVII of the Standing Rules of the Senate.
(b) Effective date
This section shall take effect 60 days after September 14, 2007.
(Pub. L. 110–81, title V, § 535, Sept. 14, 2007, 121 Stat. 766.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 104f of this title prior to editorial reclassification and renumbering as this section.
2 U.S.C. § 4903 (THE CONGRESS)
§ 4903. Education of other minors who are Senate employees
The facilities provided for the education of Congressional and Supreme Court pages shall be available from and after January 2, 1947, also for the education of such other minors who are Senate employees as may be certified by the Secretary of the Senate to receive such education.
(Mar. 22, 1947, ch. 20, title I, 61 Stat. 16; Pub. L. 98–367, title I, § 103, July 17, 1984, 98 Stat. 479; Pub. L. 104–186, title II, § 204(35), Aug. 20, 1996, 110 Stat. 1735.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 88b of this title prior to editorial reclassification and renumbering as this section.
The first paragraph of this section is based on act Mar. 22, 1947.
The second paragraph was based on H. Res. No. 279, Ninety-eighth Congress, July 21, 1983, enacted into permanent law by Pub. L. 98–367. See 1996 Amendment note below.
heading: Amendments
text: 1996—Pub. L. 104–186, in first par., substituted “Senate employees” for “congressional employees” and struck out “and the Clerk of the House of Representatives” after “Secretary of the Senate”, and struck out second par. which read as follows: “This section shall not apply to any minor who is an employee of the House of Representatives or to any educational facility under the House of Representatives Page Board.”