Senate Shared Employee Act

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 Representa- 1 tives of the United States of America in Congress assembled, 2 2 † S 5086 ES SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Senate Shared Em- 2 ployee Act’’. 3 SEC. 2. ALLOWING SENATORS, COMMITTEES, LEADERSHIP 4 OFFICES, AND OTHER OFFICES OF THE SEN- 5 ATE TO SHARE EMPLOYEES. 6 (a) IN GENERAL.—Section 114 of the Legislative 7 Branch Appropriation Act, 1978 (2 U.S.C. 4576) is 8 amended— 9 (1) by inserting ‘‘(a)’’ before ‘‘Notwith- 10 standing’’; 11 (2) by striking ‘‘position, each of’’ and all that 12 follows through the period at the end and inserting 13 the following: ‘‘qualifying position if the aggregate 14 gross pay from those positions does not exceed— 15 ‘‘(1) the maximum rate specified in section 16 105(d)(2) of the Legislative Branch Appropriation 17 Act, 1968 (2 U.S.C. 4575(d)(2)), as amended and 18 modified; or 19 ‘‘(2) in a case where 1 or more of the individ- 20 ual’s qualifying positions are positions described in 21 subsection (d)(2)(B), the maximum rate specified in 22 section 105(e)(3) of the Legislative Branch Appro- 23 priation Act, 1968 (2 U.S.C. 4575(e)(3)), as amend- 24 ed and modified.’’; and 25 (3) by adding at the end the following: 26 3 † S 5086 ES ‘‘(b)(1) For an individual serving in more than 1 1 qualifying position under subsection (a), the cost of any 2 travel for official business shall be paid by the office au- 3 thorizing the travel. 4 ‘‘(2) Messages for each electronic mail account used 5 in connection with carrying out the official duties of an 6 individual serving in more than 1 qualifying position under 7 subsection (a) may be delivered to and sent from a single 8 handheld communications device provided to the individual 9 for purposes of official business. 10 ‘‘(3)(A) For purposes of the Ethics in Government 11 Act of 1978 (5 U.S.C. App.), the rate of basic pay for 12 an individual serving in more than 1 qualifying position 13 under subsection (a) shall be the total basic pay received 14 by the individual from all such positions. 15 ‘‘(B) For an individual serving in more than one 16 qualifying position under subsection (a), for purposes of 17 the rights and obligations described in, or described in the 18 provisions applied under, title II of the Congressional Ac- 19 countability Act of 1995 (2 U.S.C. 1311 et seq.) related 20 to practices used at a time when the individual is serving 21 in such a qualifying position with an employing office, the 22 rate of pay for the individual shall be the individual rate 23 of pay received from the employing office. 24 4 † S 5086 ES ‘‘(c)(1) If the duties of a qualifying position under 1 subsection (a) include information technology services and 2 support, an individual may only serve in the qualifying po- 3 sition and 1 or more additional qualifying positions under 4 such subsection if the individual is in compliance with each 5 information technology standard and policy established for 6 Senate offices by the Office of the Sergeant at Arms and 7 Doorkeeper of the Senate. 8 ‘‘(2) Notwithstanding subsection (a), an employee 9 serving in a qualifying position in the Office of the Sec- 10 retary of the Senate or the Office of the Sergeant at Arms 11 and Doorkeeper of the Senate may serve in an additional 12 qualifying position only if— 13 ‘‘(A) the other qualifying position is with the 14 other Office; or 15 ‘‘(B) the Committee on Rules and Administra- 16 tion of the Senate has approved the arrangement. 17 ‘‘(d) In this section, the term ‘qualifying position’ 18 means a position that— 19 ‘‘(1) is designated as a shared position for pur- 20 poses of this section by the Senator or other head 21 of the office in which the position is located; and 22 ‘‘(2) is one of the following: 23 ‘‘(A) A position— 24 5 † S 5086 ES ‘‘(i) that is in the office of a Senator; 1 and 2 ‘‘(ii) the pay of which is disbursed by 3 the Secretary of the Senate. 4 ‘‘(B) A position— 5 ‘‘(i) that is in any committee of the 6 Senate (including a select or special com- 7 mittee) or a joint committee of Congress; 8 and 9 ‘‘(ii) the pay of which is disbursed by 10 the Secretary of the Senate out of an ap- 11 propriation under the heading ‘INQUIRIES 12 AND INVESTIGATIONS’ or ‘JOINT ECO- 13 NOMIC COMMITTEE’, or a heading relating 14 to a Joint Congressional Committee on In- 15 augural Ceremonies. 16 ‘‘(C) A position— 17 ‘‘(i) that is in another office (exclud- 18 ing the Office of the Vice President and 19 the Office of the Chaplain of the Senate); 20 and 21 ‘‘(ii) the pay of which is disbursed by 22 the Secretary of the Senate out of an ap- 23 propriation under the heading ‘SALARIES, 24 OFFICERS AND EMPLOYEES’. 25 6 † S 5086 ES ‘‘(D) A position— 1 ‘‘(i) that is filled pursuant to section 2 105 of the Second Supplemental Appro- 3 priations Act, 1978 (2 U.S.C. 6311); and 4 ‘‘(ii) the pay of which is disbursed by 5 the Secretary of the Senate out of an ap- 6 propriation under the heading ‘MISCELLA- 7 NEOUS ITEMS’.’’. 8 (b) EFFECTIVE DATE.—The amendments made by 9 subsection (a) shall take effect beginning on the day that 10 is 6 months after the date of enactment of this Act. 11 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.