2 U.S.C. § 6311 — Organizational expenses of Senator-elect

Page 638 TITLE 2—THE CONGRESS § 6311 R.S. § 51. AMENDMENTS 1935—Act Feb. 13, 1935, inserted proviso as to com- mencement of salaries of Senators elected during a sine die adjournment on day following their election and provision as to commencement of salaries of Senators elected during a session to succeed appointees on day they qualify but that upon failure to qualify their sala- ries are to commence on day following sine die adjourn- ment of Senate and struck out provision that salaries of Senators elected to fill vacancies are to commence on day they qualify. 1934—Act June 19, 1934, made nonsubstantive changes in grammar and punctuation. 1931—Act Feb. 6, 1931, made nonsubstantive changes in grammar and punctuation and struck out ‘‘to fill such vacancies’’ after ‘‘When no appointments have been made’’. Statutory Notes and Related Subsidiaries CONSTITUTIONAL PROVISIONS The first section of amendment XX to the Constitu- tion provides in part: ‘‘* * * the terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.’’ SUBCHAPTER II—EMPLOYEES, EXPENSES, AND ALLOWANCES § 6311. Organizational expenses of Senator-elect (a) Appointment of employees by Secretary of Senate to assist; termination of employment Upon the recommendation of a Senator-elect (other than an incumbent Senator or a Senator elected to fill a vacancy), the Secretary of the Senate shall appoint two employees to assist such Senator-elect. Any employee so appointed shall serve through the day before the date on which the Senator-elect recommending his ap- pointment commences his service as a Senator, except that his employment may be terminated before such day upon recommendation of such Senator-elect. (b) Payment of salaries of appointed employees; funding; maximum amount (1) Salaries of employees appointed under sub- section (a) shall be paid from the appropriation for ‘‘Administrative, Clerical, and Legislative Assistance to Senators’’. (2) Salaries paid to employees appointed upon recommendation of a Senator-elect under sub- section (a) shall be charged against the amount of compensation which may be paid to employ- ees in his office under section 4575(d) of this title (hereinafter referred to as the ‘‘clerk-hire allow- ance’’), for the fiscal year in which his service as a Senator commences. The total amount of sala- ries paid to employees so appointed upon rec- ommendation of a Senator-elect shall be charged against his clerk-hire allowance for each month in such fiscal year beginning with the month in which his service as a Senator commences (until the total amount has been charged) by whichever of the following amounts is greater: (1) one-ninth of the amount of sala- ries so paid, or (2) the amount by which the ag- gregate amount of his clerk-hire allowance which may be paid as of the close of such month under section 4575(d)(1)(B) of this title exceeds the aggregate amount of his clerk-hire allow- ance actually paid as of the close of such month. (c) Payment of transportation and per diem ex- penses of Senator-elect and appointed em- ployees for one round trip from home State to Washington, D.C. for business of impend- ing Congress; funding; maximum amount Each Senator-elect and each employee ap- pointed under subsection (a) is authorized one round trip from the home State of the Senator- elect to Washington, D.C., and return, for the purposes of attending conferences, caucuses, or organizational meetings, or for any other offi- cial business connected with the impending Con- gress. In addition, each Senator-elect and each such employee is authorized per diem for not more than seven days while en route to and from Washington, D.C., and while in Washington, D.C. Such transportation and per diem expenses shall be in the same amounts as are payable to Sen- ators and employees in the office of a Senator under section 6314(e) of this title, and shall be paid from the contingent fund of the Senate upon itemized vouchers certified by the Senator- elect concerned and approved by the Secretary of the Senate. (d) Payment of telegrams, telephone services, and stationery expenses (1) Each Senator-elect is authorized to be re- imbursed for expenses incurred for telegrams, telephone services, and stationery related to his position as a Senator-elect in an amount not ex- ceeding one-twelfth of the total amount of ex- penses authorized to be paid to or on behalf of a Senator from the State which he will represent under section 6314 of this title. Reimbursement to a Senator-elect under this subsection shall be paid from the contingent fund of the Senate upon itemized vouchers certified by such Sen- ator-elect and approved by the Secretary of the Senate. (2) Amounts reimbursed to a Senator-elect under this subsection shall be charged against the amount of expenses which are authorized to be paid to him or on his behalf under section 6314 of this title, for each of the twelve months beginning with the month in which his service as a Senator commences (until all of such amounts have been charged) by whichever of the following amounts is greater: (1) one-twelfth of the amounts so reimbursed, or (2) the amount by which the aggregate amount authorized to be so paid under section 6314(c) of this title as of the close of such month exceeds the aggregate amount actually paid under such section 6314 as of the close of such month. (e) Effective Date This section shall take effect on October 1, 1978. (Pub. L. 95–355, title I, § 105, Sept. 8, 1978, 92 Stat. 534; Pub. L. 104–197, title I, § 2, Sept. 16, 1996, 110 Stat. 2397.) Editorial Notes CODIFICATION Section was formerly classified to section 43d of this title prior to editorial reclassification and renumbering as this section. Page 639 TITLE 2—THE CONGRESS § 6313 AMENDMENTS 1996—Subsec. (d)(1). Pub. L. 104–197 substituted ‘‘, telephone services, and stationery’’ for ‘‘and tele- phone services’’. Statutory Notes and Related Subsidiaries SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT References in any law, rule, regulation, or order to Senate appropriation account for Administrative, Cler- ical, and Legislative Assistance Allowance to Senators deemed references to the ‘‘Senators’ Official Personnel and Office Expense Account’’, see section 6313(2) of this title. § 6312. Clerks to Senators-elect A Senator entitled to receive his own salary may appoint the usual clerical assistants al- lowed Senators. (Mar. 2, 1895, ch. 177, § 1, 28 Stat. 766; Feb. 20, 1923, ch. 98, 42 Stat. 1266; June 19, 1934, ch. 648, title I, § 1, 48 Stat. 1022.) Editorial Notes CODIFICATION Section was formerly classified to section 67 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1934—Act June 19, 1934, struck out provisions as to maximum of four clerical assistants and as to their compensation. § 6313. Senators’ Official Personnel and Office Expense Account (1) Effective January 1, 1988, there shall be, within the contingent fund of the Senate, a sep- arate appropriation account to be known as the ‘‘Senators’ Official Personnel and Office Expense Account’’ (hereinafter in this section referred to as the ‘‘Senators’ Account’’). (2) The Senators’ Account shall be used for the funding of all items, activities, and expenses which, immediately prior to January 1, 1988, were funded under either (A) the Senate appro- priation account for ‘‘Administrative, Clerical, and Legislative Assistance Allowance to Sen- ators’’ (hereinafter in this section referred to as the ‘‘Senators’ Clerk Hire Allowance Account’’) under the headings ‘‘SENATE’’ and ‘‘Salaries, Officers and Employees’’, or (B) that part of the account, within the contingent fund of the Sen- ate, for ‘‘Miscellaneous Items’’ (hereinafter in this section referred to as the ‘‘Senators’ Offi- cial Office Expense Account’’) which is available for allocation to Senatorial Official Office Ex- pense Accounts. In addition, the Senators’ Ac- count shall be used for the funding of agency contributions payable with respect to compensa- tion payable by such account, but moneys ap- propriated to such account for this purpose shall not be available for any other purpose. The ac- count, which in clause (A) of the first sentence of this paragraph is identified as the ‘‘Senators’ Clerk Hire Allowance Account’’ and the ac- count, which in clause (B) of such sentence is identified as the ‘‘Senators’ Official Office Ex- pense Account’’ shall, when referred to in other law, rule, regulation, or order (whether referred to by such name or any other) shall on and after January 1, 1988, be deemed to refer to the ‘‘Sen- ators’ Official Personnel and Office Expense Ac- count’’. (3)(A) Effective on January 1, 1988, there shall be transferred to the Senators’ Account from the Senators’ Clerk Hire Allowance Account all funds therein which were available for expendi- ture or obligation during the fiscal year ending September 30, 1988, and from the Senators’ Offi- cial Office Expense Account so much of the funds therein as was available for expenditure or obligation for the period commencing January 1, 1988, and ending September 30, 1988; except that the Senators’ Official Office Expense Account shall remain in being solely for the purpose of being available to pay for any authorized item, activity, or expense, for which funds therein had been obligated, but not paid, prior to such trans- fer. (B) Any of the funds transferred to the Sen- ators’ Account from the Senators’ Clerk Hire Allowance Account pursuant to subparagraph (A) which, prior to such transfer, had been obli- gated, but not expended, for any authorized item, activity, or expense, shall be available to pay for such item, activity, or expense in like manner as if such transfer had not been made. (4) On January 1, 1988, there shall be trans- ferred to the Senators’ Account, from the appro- priation account for ‘‘Agency Contributions’’, under the headings ‘‘SENATE’’ and ‘‘Salaries, Officers and Employees’’, so much of the moneys in such account as was appropriated for the pur- pose of making agency contributions for admin- istrative, clerical, and legislative assistance to Senators with respect to compensation payable for the period commencing January 1, 1988, and ending September 30, 1988; and the moneys so transferred shall be available only for the pay- ment of such agency contributions with respect to such compensation. (5) Vouchers shall not be required for the dis- bursement, from the Senators’ Account, of sala- ries of employees in the office of a Senator. (6) Effective on and after October 1, 1997, the Senators’ Account shall be available for the pay- ment of franked mail expenses of Senators. (Pub. L. 100–137, § 1(a), Oct. 21, 1987, 101 Stat. 814; Pub. L. 105–55, title I, § 3(b), Oct. 7, 1997, 111 Stat. 1180.) Editorial Notes REFERENCES IN TEXT This section, referred to in pars. (1) and (2), means section 1 of Pub. L. 100–137, Oct. 21, 1987, 101 Stat. 814, which enacted this section, amended sections 4575 and 6314 of this title, and enacted provisions set out as notes under sections 4575 and 6314 of this title. CODIFICATION Section was formerly classified to section 58c of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1997—Par. (6). Pub. L. 105–55 added par. (6).