[USC02] 2 USC CHAPTER 45, SUBCHAPTER I, Part A: Amount and Type
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2 USC CHAPTER 45, SUBCHAPTER I, Part A: Amount and Type
From Title 2—THE CONGRESSCHAPTER 45—CONGRESSIONAL PAY AND BENEFITSSUBCHAPTER I—GENERAL

Part A—Amount and Type

§4501. Compensation of Members of Congress

(1) The annual rate of pay for—

(A) each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico,

(B) 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

(C) 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.

(2)(A) 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 (or if midway between multiples of $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.

(B) 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.)

References in Text

The General Schedule, referred to in par. (2), is set out under section 5332 of Title 5, Government Organization and Employees.

Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in par. (2)(A), is section 704(a)(1) of Pub. L. 101–194, which is set out as a note under section 5318 of Title 5.

Codification

Section was formerly classified to section 31 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1994—Par. (2). Pub. L. 103–356 designated existing provisions as subpar. (A), substituted "Subject to subparagraph (B), effective" for "Effective", and added subpar. (B).

1990—Par. (2). Pub. L. 101–509 substituted "5303" for "5305".

1989—Par. (2). Pub. L. 101–194 substituted "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" for "the overall average percentage (as set forth in the report transmitted to the Congress under such section 5305) of the adjustment in the rates of pay under the General Schedule".

1975Pub. L. 94–82 designated existing provisions as par. (1), substituted provisions that rate of pay of the specified parties shall be determined under section 351 et seq. of this title, as adjusted by par. (2) for provisions setting rate of compensation at $42,500 for Senators, Representatives, Delegates, and Resident Commissioner, $62,500 for Speaker, and $49,500 for President pro tempore of Senate and Majority and Minority Leaders of House and Senate, and added par. (2).

1969Pub. L. 91–67 increased compensation of Speaker from $43,000 to $62,500 per annum and compensation of Majority and Minority Leaders of both Houses of Congress from $35,000 to $49,500 per annum, and fixed compensation of President pro tempore of Senate at $49,500 per annum.

1965Pub. L. 89–301 inserted provisions setting rate of compensation of Majority and Minority Leaders of Senate and House of Representatives at $35,000 per annum each.

1964Pub. L. 88–426 increased compensation of Senators, Representatives and Resident Commissioner from $22,500 to $30,000 per annum and that of Speaker from $35,000 to $43,000 per annum, and eliminated provisions which related to Delegates from the Territories.

1955—Act Mar. 2, 1955, increased salaries of Senators, Representatives, Delegates, and Resident Commissioner from $12,500 a year to $22,500 and compensation of Speaker from $30,000 to $35,000 a year.

1949—Act Jan. 19, 1949, increased Speaker's salary from $20,000 per year to $30,000.

Effective Date of 1994 Amendment

Pub. L. 103–356, title I, §101, Oct. 13, 1994, 108 Stat. 3410, provided that the amendment made by that section is effective Dec. 31, 1994.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of Pub. L. 101–509, set out as a note under section 5301 of Title 5, Government Organization and Employees.

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 704(b) of Pub. L. 101–194, set out as a note under section 5318 of Title 5, Government Organization and Employees.

Effective Date of 1969 Amendment

Amendment by Pub. L. 91–67 effective Mar. 1, 1969, see section 3 of Pub. L. 91–67, set out as a note under section 104 of Title 3, The President.

Effective Date of 1965 Amendment

Amendment by Pub. L. 89–301 effective on first day of first pay period which begins on or after October 1, 1965, see section 17 of Pub. L. 89–301.

Effective Date of 1964 Amendment

Amendment by Pub. L. 88–426 effective at noon, Jan. 3, 1965, see section 501(b) of Pub. L. 88–426.

Effective Date of 1955 Amendment

Act Mar. 2, 1955, ch. 9, §5, 69 Stat. 11, provided that: "The provisions of this Act [amending this section, section 104 of Title 3, The President, section 7443 of Title 26, Internal Revenue Code, sections 5, 44, 135, 173, 213, 252, and 508 of Title 28, Judiciary and Judicial Procedure, section 101 of Title 48, Territories and Insular Possessions, and section 654 of Title 50, War and National Defense, and repealing section 31a of this title] shall take effect Mar. 1, 1955."

Effective Date of 1949 Amendment

Amendment by act Jan. 19, 1949, effective at noon, Jan. 20, 1949, see section 3 of act Jan. 19, 1949.

Effective Date

Act Aug. 2, 1946, ch. 753, title VI, §601(a), 60 Stat. 850, provided that the salary rates provided by such section 601(a) are effective Jan. 3, 1947.

Short Title of 2013 Amendment

Pub. L. 113–3, §1, Feb. 4, 2013, 127 Stat. 51, provided that: "This Act [see Tables for classification] may be cited as the 'No Budget, No Pay Act of 2013'."

Short Title of 1996 Amendment

Pub. L. 104–186, §1(a), Aug. 20, 1996, 110 Stat. 1718, provided that: "This Act [see Tables for classification] may be cited as the 'House of Representatives Administrative Reform Technical Corrections Act'."

Short Title of 1964 Amendment

Pub. L. 88–426, title II, §201, Aug. 14, 1964, 78 Stat. 413, provided that: "This title [see Tables for classification] may be cited as the 'Federal Legislative Salary Act of 1964'."

Holding Salaries of Members of Congress in Escrow Upon Failure To Agree to Budget Resolution

Pub. L. 113–3, §3, Feb. 4, 2013, 127 Stat. 51, provided that:

"(a) Holding Salaries in Escrow.—

"(1) In general.—If by April 15, 2013, a House of Congress has not agreed to a concurrent resolution on the budget for fiscal year 2014 pursuant to section 301 of the Congressional Budget Act of 1974 [2 U.S.C. 632], during the period described in paragraph (2) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period.

"(2) Period described.—With respect to a House of Congress, the period described in this paragraph is the period which begins on April 16, 2013, and ends on the earlier of—

"(A) the day on which the House of Congress agrees to a concurrent resolution on the budget for fiscal year 2014 pursuant to section 301 of the Congressional Budget Act of 1974 [2 U.S.C. 632]; or

"(B) the last day of the One Hundred Thirteenth Congress.

"(3) Withholding and remittance of amounts from payments held in escrow.—The payroll administrator shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) that would apply to the payment if the payment were not subject to paragraph (1).

"(4) Release of amounts at end of the congress.—In order to ensure that this section is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh article of amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Thirteenth Congress.

"(5) Role of secretary of the treasury.—The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section.

"(b) Treatment of Delegates as Members.—In this section, the term 'Member' includes a Delegate or Resident Commissioner to the Congress.

"(c) Payroll Administrator Defined.—In this section, the 'payroll administrator' of a House of Congress means—

"(1) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and

"(2) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section."

Cost of Living Adjustment

Pub. L. 116–94, §7, Dec. 20, 2019, 133 Stat. 2536, provided that: "Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments for Members of Congress) during fiscal year 2020."

Similar provisions were contained in the following prior acts:

Pub. L. 115–244, div. B, title II, §212, Sept. 21, 2018, 132 Stat. 2946.

Pub. L. 115–141, §7(a), Mar. 23, 2018, 132 Stat. 351.

Pub. L. 114–223, div. C, §175, as added by Pub. L. 114–254, div. A, §101(3), Dec. 10, 2016, 130 Stat. 1012.

Pub. L. 114–113, §9, Dec. 18, 2015, 129 Stat. 2245.

Pub. L. 113–235, §8, Dec. 16, 2014, 128 Stat. 2133.

Pub. L. 113–46, div. A, §146, Oct. 17, 2013, 127 Stat. 565.

Pub. L. 112–240, title VIII, §802, Jan. 2, 2013, 126 Stat. 2369.

Pub. L. 111–165, §1, May 14, 2010, 124 Stat. 1185.

Pub. L. 111–8, div. J, §103, Mar. 11, 2009, 123 Stat. 988.

Pub. L. 109–289, div. B, title I, §115, as added by Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 12.

Pub. L. 103–6, §7, Mar. 4, 1993, 107 Stat. 35.

Annual Rate of Pay Increase for Certain Members of Congress Serving On or After July 1, 1983

Pub. L. 98–63, title I, §908(d), (f), July 30, 1983, 97 Stat. 338, which provided that, effective with respect to service as a Member performed on or after July 1, 1983, and notwithstanding any other provision of law, in the case of a Member serving in office or position of Senator, President pro tempore of Senate, Majority Leader of Senate, or Minority Leader of Senate during a calendar year, the annual rate of pay paid to such Member for such service would not be less than the annual rate of pay payable for such position on Dec. 17, 1982, increased by 15 percent and rounded in accordance with section 5318 of Title 5, was repealed by Pub. L. 102–90, title I, §6(c), Aug. 14, 1991, 105 Stat. 451.

Salary Increases

For adjustment of pay rates under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organization and Employees.

For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of this title.

For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of Title 5, Government Organization and Employees.

§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.)

Codification

Section was formerly classified as a note under section 31 of this title prior to editorial reclassification and renumbering as this section.

§4503. Jury and witness service by Senate and House employees

(a) Definitions

For purposes of this section—

(1) "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

(2) "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—

(1) as a juror; or

(2) 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—

(1) testify or produce official records on behalf of the United States or the District of Columbia; or

(2) 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

(1) An employee may not receive fees for service—

(A) as juror in a court of the United States or the District of Columbia; or

(B) as a witness on behalf of the United States or the District of Columbia.


(2) 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

(1) 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.

(2) 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.

(Pub. L. 91–563, §6, Dec. 19, 1970, 84 Stat. 1478; Pub. L. 94–310, §2, June 15, 1976, 90 Stat. 687; Pub. L. 104–186, title II, §204(74), (75), Aug. 20, 1996, 110 Stat. 1741.)

References in Text

For definition of Canal Zone, referred to in subsec. (b), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Codification

Section was formerly classified to section 130b of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996—Subsec. (a)(1). Pub. L. 104–186, §204(74), substituted "Chief Administrative Officer" for "Clerk".

Subsec. (f). Pub. L. 104–186, §204(75), substituted "House Oversight" for "House Administration".

1976—Subsec. (b)(2). Pub. L. 94–310 substituted "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" for "as a witness on behalf of a party other than the United States, the District of Columbia, or a private party".

Change of Name

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

Effective Date of 1976 Amendment

Pub. L. 94–310, §4, June 15, 1976, 90 Stat. 687, provided that: "The amendments made by this Act [amending this section and sections 6322 and 8906 of Title 5, Government Organization and Employees] shall take effect on October 1, 1976, or on the date of the enactment of this Act [June 15, 1976], whichever date is later."

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Termination of United States District Court for the District of the Canal Zone

For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30 month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203(a) of Pub. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.

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

(a) With respect to each employee of the Senate or House of Representatives—

(1) whose compensation is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, and

(2) 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—

(1) subchapter III (relating to civil service retirement) of chapter 83 of title 5;

(2) chapter 87 (relating to Federal employees group life insurance) of title 5; and

(3) chapter 89 (relating to Federal employees group health insurance) of title 5.

(Pub. L. 89–379, Mar. 30, 1966, 80 Stat. 94; Pub. L. 104–186, title II, §204(73), Aug. 20, 1996, 110 Stat. 1741.)

Codification

Section was formerly classified to section 130a of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996Pub. L. 104–186 designated existing provisions as subsec. (a), in par. (1) substituted "Chief Administrative Officer" for "Clerk", in provisions following par. (2) substituted "the purposes of the provisions of law specified in subsection (b), if the award" for "the purposes of—

"(A) subchapter III (relating to civil service retirement) of chapter 83 of title 5,

"(B) chapter 87 (relating to Federal employees group life insurance) of title 5, and

"(C) chapter 89 (relating to Federal employees group health insurance) of title 5,

if the award", "Chief Administrative Officer of the House of Representatives, as appropriate" for "Clerk of the House of Representatives, as appropriate", and "Chief Administrative Officer of the House of Representatives by records" for "Clerk of the House by records", and added subsec. (b).

§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—

(1) shall be paid in a lump sum after the employee's separation;

(2) shall be equal to the lesser of—

(A) 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

(B) an amount determined by the head of the office involved, not to exceed $25,000;


(3) may be made only in the case of an employee who voluntarily separates (whether by retirement or resignation) under this section;

(4) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit;

(5) 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

(6) shall be paid from appropriations or funds available for the payment of the basic pay of the employee.

(c) Plan

(1) Plan required for making payments

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.

(2) Contents of plan

A plan described in this paragraph with respect to an office is a plan containing the following information:

(A) The specific positions and functions to be reduced or eliminated.

(B) A description of which categories of employees will be offered incentives.

(C) The time period during which incentives may be paid.

(D) The number and amounts of voluntary separation incentive payments to be offered.

(E) A description of how the office will operate without the eliminated positions and functions.

(3) Applicable committee

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

(1) In general

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—

(A) is serving under an appointment without time limitation; and

(B) has been currently employed for a continuous period of at least 3 years.

(2) Exclusions

An "eligible employee" does not include any of the following:

(A) A reemployed annuitant under subchapter III of chapter 83 or 84 of title 5 or another retirement system for employees of the Government.

(B) 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.

(C) An employee who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance.

(D) An employee who has previously received any voluntary separation incentive payment from the Federal Government under this section or any other authority.

(E) An employee covered by statutory reemployment rights who is on transfer employment with another organization.

(F) Any employee who—

(i) 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;

(ii) 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

(iii) 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

(1) In general

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.

(2) Waiver for individuals possessing unique abilities

(A) 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.

(B) 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.

(C) 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.

(3) Treatment of personal services contracts

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.

(Pub. L. 108–447, div. G, title II, §210, Dec. 8, 2004, 118 Stat. 3194; Pub. L. 112–74, div. G, title I, §1401(a), Dec. 23, 2011, 125 Stat. 1134.)

Codification

Section was formerly classified to section 60q of this title prior to editorial reclassification and renumbering as this section.

Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.

Amendments

2011—Subsec. (d). Pub. L. 112–74, §1401(a)(1), struck out subsec. (d). Prior to amendment, text read as follows: "This section shall not apply to any office which is an Executive agency under section 105 of title 5 or any employee of such an office."

Subsec. (f)(2)(A). Pub. L. 112–74, §1401(a)(2), substituted "title 5, but excluding the Government Accountability Office" for "title 5".

Effective Date of 2011 Amendment

Pub. L. 112–74, div. G, title I, §1401(c), Dec. 23, 2011, 125 Stat. 1134, provided that: "The amendments made by this section [amending this section and section 3521 of Title 5, Government Organization and Employees] shall apply with respect to voluntary separation incentive payments made during fiscal year 2012 or any succeeding fiscal year."

1 So in original. Probably should be "2105 of title 5,".

2 So in original. Probably should be "2107 of title 5,".

§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.)

Codification

Section was formerly classified identically to sections 38b and 125a of this title. Section 38b was omitted from the Code and section 125a was editorially reclassified and renumbered as this section.

Amendments

1996Pub. L. 104–186 substituted "applicable accounts of the House of Representatives or the contingent fund" for "contingent fund of the House of Representatives or".

§4507. Longevity compensation

(a) Eligible employees

This section shall apply 1 to—

(1) each employee of the Senate whose compensation is paid from the appropriation for Salaries, Officers and Employees under the following headings:

(A) Office of the Secretary, including individuals employed under authority of section 6538 of this title;

(B) Office of the Sergeant at Arms and Doorkeeper, except employees designated as "special employees"; and

(C) Offices of the Secretaries for the Majority and the Minority;


(2) 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

(3) 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

(1) 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.

(2) 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.

(3) For purposes of this section—

(A) 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;

(B) 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

(C) 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.


(4) 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.

(Pub. L. 87–730, §106(a), (b), (d), Oct. 2, 1962, 76 Stat. 694, 695; Pub. L. 88–454, §104(b), Aug. 20, 1964, 78 Stat. 550; Pub. L. 90–57, §105(g), July 28, 1967, 81 Stat. 143; Pub. L. 90–206, title II, §214(n), Dec. 16, 1967, 81 Stat. 637; Pub. L. 91–656, §4, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 93–371, Aug. 13, 1974, 88 Stat. 436; Pub. L. 95–240, title II, §205, Mar. 7, 1978, 92 Stat. 117; Pub. L. 95–391, title I, §110(a), Sept. 30, 1978, 92 Stat. 774; Pub. L. 96–304, title I, §107(b), July 8, 1980, 94 Stat. 890.)

References in Text

Section 2166 of this title, referred to in subsec. (a)(3), was repealed by Pub. L. 110–437, title IV, §422(a), Oct. 20, 2008, 122 Stat. 4996.

Codification

Section was formerly classified to section 60j 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.

Subsecs. (a) and (b) of this section are from subsecs. (a) and (b) of section 106 of the Legislative Branch Appropriation Act, 1963 (Pub. L. 87–730). Subsec. (c) of this section was the second sentence of subsec. (d) of section 106, and was repealed by section 104(b) of Pub. L. 88–454. Subsec. (c) of section 106 repealed section 60i of this title, and the first sentence of subsec. (d) of section 106 repealed section 105 of the Legislative Branch Appropriation Act, 1959.

Amendments

1982—Subsec. (b)(1). Figure "463" deemed to refer to the figure "482", effective Oct. 1, 1982, pursuant to Pub. L. 91–656, §4, see section 10 of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982, set out as a note under section 60a–1 of this title.

1981—Subsec. (b)(1). Figure "$441" deemed to refer to the figure "$463", effective Oct. 1, 1981, pursuant to Pub. L. 91–656, §4, see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981, set out as a note under section 60a–1 of this title.

1980—Subsec. (b)(1). Figure "404" deemed to refer to the figure "441", effective Oct. 1, 1980, pursuant to Pub. L. 91–656, §4, see section 10 of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980, set out as a note under section 60a–1 of this title.

Pub. L. 96–304 substituted "$404" for "two times the multiple contained in section 1(a) of the applicable Order of the President Pro Tempore of the Senate issued under authority of section 60a–1 of this title".

1978—Subsec. (a). Pub. L. 95–391 in par. (1) substituted cls. (A) to (C) for provisions respecting heading "Office of the Secretary", except the Assistant to the Majority and the Assistant to the Minority, in par. (2) substituted provisions relating to employees appointed by the Secretary of the Senate or the Sergeant at Arms and Doorkeeper, under a Senate resolution, for provisions relating to employees under the heading "Office of Sergeant at Arms and Doorkeeper", in par. (3) substituted provisions relating to employees of the Capitol Guide Service for provisions relating to employees under the heading "Official Reporters of Debates", and struck out pars. (4) to (8) relating to, respectively, employees under heading "Offices of the Secretaries for the Majority and the Minority", employees appointed by the Secretary or Sergeant at Arms, telephone operators on the United States Capitol exchange, members of the Capitol Police, and the Chief Guide, etc., of the Capitol Guide Service.

Pub. L. 95–240 inserted reference to Deputy Chief Guide in par. (8).

Subsec. (b). Pub. L. 95–391 substituted provisions setting forth requirements respecting the computation, except as provided in par. (2), of additional annual compensation for any employee to whom this section applies during any period of continuous creditable service, for provisions setting forth requirements respecting the computation of additional gross compensation for any employee to whom this section applies during any period of continuous service.

1977—Subsec. (b). Figure "1,002" deemed to refer to the figure "1,074", effective Oct. 1, 1977, pursuant to Pub. L. 91–656, §4, see section 4(c) of Salary Directive of President pro tempore of the Senate, Sept. 29, 1977, set out as a note under section 60a–1 of this title.

1976—Subsec. (b). Figure "954" deemed to refer to the figure "1,002", effective Oct. 1, 1976, pursuant to Pub. L. 91–656, §4, see section 4(d) of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, set out as a note under section 60a–1 of this title.

1975—Subsec. (b). Figure "906" deemed to refer to the figure "954", effective Oct. 1, 1975, pursuant to Pub. L. 91–656, §4, see section 4(d) of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975, set out as a note under section 60a–1 of this title.

1974—Subsec. (a)(8). Pub. L. 93–371 added par. (8).

Subsec. (b). Figure "855" deemed to refer to the figure "906", effective Oct. 1, 1974, pursuant to Pub. L. 91–656, §4, see section 4(d) of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974, set out as a note under section 60a–1 of this title.

1973—Subsec. (b). Figure "816" deemed to refer to the figure "855", effective Oct. 1, 1973, pursuant to Pub. L. 91–656, §4, see section 4(d) of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973, set out as a note under section 60a–1 of this title.

1972—Subsec. (b). Figure "777" deemed to refer to the figure "816" pursuant to Pub. L. 91–656, §4, see section 4(d) of Salary Directive of President pro tempore of the Senate, Dec. 16, 1972, set out as a note under section 60a–1 of this title.

1971—Subsec. (b). Figure "738" deemed to refer to the figure "777", effective Jan. 1, 1972, pursuant to Pub. L. 91–656, §4, see section 4(d) of Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, set out as a note under section 60a–1 of this title.

Figure "696" deemed to refer to the figure "738", effective Feb. 1, 1971, pursuant to Pub. L. 91–656, see section 4(d) of Salary Directive of President pro tempore of the Senate, Jan. 15, 1971, set out as a note under section 60a–1 of this title.

1969—Subsec. (b). Figure "597", as increased by Order of June 12, 1968, deemed, on and after July 1, 1969, to refer to the figure "657", pursuant to Pub. L. 90–206, §225(h), see section 4(c) of Salary Directive of President pro tempore of the Senate, June 17, 1969, set out as a note under section 60a–1 of this title.

1968—Subsec. (b). Figure "564", deemed, on and after July 1, 1968, to refer to the figure "597", pursuant to Pub. L. 90–206, §225(h), see section 1(h) of Salary Directive of President pro tempore of the Senate, June 12, 1968, set out as a note under section 60a–1 of this title.

1967—Subsec. (b). Pub. L. 90–206, §214(n), substituted "$564" for "540".

Pub. L. 90–57 substituted in first sentence "gross compensation" and "$540 per annum" for "basic compensation" and "$120 per annum" and struck out "if at the time of such payment the annual rate of basic compensation (exclusive of longevity compensation) of the position in which employed is less than $1,800, or $180 per annum if at such time such rate is $1,800 or more," before "for each five years of service".

1964—Subsec. (c). Pub. L. 88–454 repealed subsec. (c) which related to increases for members of Capitol Police.

Effective Date of 1980 Amendment

Pub. L. 96–304, title I, §107(d), July 8, 1980, 94 Stat. 890, provided that: "The amendments made by this section [amending this section, section 4575, and former section 60j–3 of this title] shall take effect on October 1, 1980."

Effective Date of 1978 Amendments

Pub. L. 95–391, title I, §110(b), Sept. 30, 1978, 92 Stat. 775, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first month which begins after the date of the enactment of this Act [Sept. 30, 1978]. The gross compensation of employees entitled to longevity compensation on such first day under section 106 of the Legislative Branch Appropriation Act, 1963 [this section], shall be adjusted in accordance with the provisions of such section as amended by subsection (a). No increase in compensation by reason of such amendment shall take effect for any pay period beginning before such first day, and no monetary benefit by reason of such amendment shall accrue for any period before such first day."

Pub. L. 95–240, title II, §205, Mar. 7, 1978, 92 Stat. 117, provided that the amendment made by that section is effective Oct. 1, 1977.

Effective Date of 1967 Amendments

Amendment by Pub. L. 90–206 effective at beginning of first pay period which begins on or after Dec. 16, 1967, see section 220(a)(3) of Pub. L. 90–206, set out as a note under section 603 of Title 28, Judiciary and Judicial Procedure.

Amendment by Pub. L. 90–57 effective Aug. 1, 1967, see section 105(k) of Pub. L. 90–57, set out as an Effective Date note under section 4575 of this title.

Effective Date of 1964 Amendment

Amendment by Pub. L. 88–454 effective Sept. 1, 1964, see section 104(d) of Pub. L. 88–454, set out as a note under section 1927 of this title.

Effective Date

Pub. L. 87–730, §106(e), Oct. 2, 1962, 76 Stat. 695, provided that: "This section [enacting this section and amending former section 60i of this title] shall become effective on September 1, 1962."

Transfer of Functions

For transfer of authorities, personnel, assets, and liabilities of the Capitol Guide Service to the Office of the Capitol Visitor Center and the Office of Congressional Accessibility Services, see sections 2241 and 2252 of this title.

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Inapplicability of Section to Certain Employees

This section not to apply, on or after Oct. 1, 1983, to any individual whose pay is disbursed by the Secretary of the Senate except for individuals entitled to longevity compensation prior to Oct. 1, 1983, on the basis of service performed prior to such date, see section 4509 of this title.

1 See Inapplicability of Section to Certain Employees note below.

2 See References in Text note below.

§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.)

Codification

Section was formerly classified to section 60j–2 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996Pub. L. 104–186 struck out "(a)" before "The provisions" and substituted "Chief Administrative Officer" for "Clerk" in two places.

Transfer of Functions

Statutory functions, duties, or authority of Chief Administrative Officer of the House of Representatives or the Secretary of the Senate as disbursing officers for the Capitol Police transferred to Chief of the Capitol Police, and references in any law or resolution before Feb. 20, 2003, to funds paid or disbursed by Chief Administrative Officer of the House of Representatives and Secretary of the Senate relating to pay and allowances of Capitol Police employees deemed to refer to Chief of the Capitol Police. See section 1907(a) of this title.

Inapplicability of Section 4507 to Certain Employees

Section 4507 of this title, referred to in text, not to apply, on or after Oct. 1, 1983, to any individual whose pay is disbursed by the Secretary of the Senate except for individuals entitled to longevity compensation prior to Oct. 1, 1983, on the basis of service performed prior to such date, see section 4509 of this title.

1 See Inapplicability of Section 4507 to Certain Employees note below.

§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.)

Codification

Section was formerly classified to section 60j–4 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984.