2 U.S.C. § 4579
In this section:
The term "departure date" means the earlier of-
The term "departing Senator or Vice President" means a Senator or Vice President who will not serve in the next term due to retirement, resignation, a decision to not seek reelection, or a failure to secure reelection.
The term "eligible employee" means an individual, except as provided under subsection (b)(3)-
The term "employee of the Senate"-
The term "employing office"-
The term "Secretary" means the Secretary of the Senate.
The term "student loan" means-
The head of an employing office and an eligible employee may enter into a written service agreement under which-
A service agreement under this paragraph shall contain-
The Secretary shall establish standard service agreements for employing offices to use in carrying out this section.
On entering into a service agreement under this section, the employing office shall submit a copy of the service agreement to the Secretary.
Notwithstanding section 5379 of title 5, an employee of the Office of Congressional Accessibility Services may not participate in the student loan repayment program through an agreement under that section and participate in the student loan repayment program through a service agreement under this section at the same time.
Except as provided in subparagraph (B), the term of the required period of employment under a service agreement under this section shall be 1 year. On completion of the required period of employment under such a service agreement, the eligible employee and the employing office may enter into additional service agreements for successive 1-year periods of employment.
After the date that is 1 year before the departure date of a departing Senator or Vice President, the departing Senator or Vice President may enter into a service agreement under this section with an eligible employee of the office of the Senator or Vice President (including an eligible employee who has completed a required period of employment under a previous service agreement) that includes a required period of employment that-
The amount of student loan payments made under service agreements under this section on behalf of an eligible employee may not exceed-
Any student loan payment made under this section in any month may not result in the sum of the payment and the compensation of an employee for that month exceeding 1/12th of the applicable annual maximum gross compensation limitation under section 4575(d)(2), (e), or (f) of this title.
Student loan payments made under this section under a service agreement shall begin the first day of the pay period after the date on which the agreement is signed and received by the Secretary, and shall be made on a monthly basis.
An employee shall not be eligible for continued student loan payments under a service agreement under this section and (except in a case in which an employee's duty is terminated under paragraph (2) or an employing office assumes responsibilities under paragraph (3)) shall reimburse the Senate for the amount of all student loan payments made on behalf of the employee under the agreement, if, before the employee completes the required period of employment specified in the agreement-
The duty of an eligible employee to fulfill the required period of employment under the service agreement shall be terminated if-
An employing office who hires an eligible employee during a required period of employment (including a required period of employment described in subsection (c)(1)(B)) under such a service agreement may assume the remaining obligations (as of the date of the hiring) of the employee's prior employing office under the agreement.
If an eligible employee fails to reimburse the Senate for the amount owed under paragraph (1), such amount shall be collected-
Any amount repaid by, or recovered from, an eligible employee under this section shall be credited to the subaccount for the employing office from which the amount involved was originally paid. Any amount so credited shall be merged with other sums in such subaccount for the employing office and shall be available for the same purposes, and subject to the same limitations (if any), as the sums with which such amount is merged.
Not later than January 1, 2003, and each January 1 thereafter, the Secretary shall prepare and submit to the Committee on Rules and Administration of the Senate and the Committee on Appropriations of the Senate, a report for the fiscal year preceding the fiscal year in which the report is submitted, that contains information specifying-
Such report shall not include any information which is considered confidential or could disclose the identity of individual employees or employing offices. Information required to be contained in the report of the Secretary under section 4108 of this title shall not be considered to be personal information for purposes of this paragraph.
The Secretary shall establish and maintain a central account from which student loan payments available under this section shall be paid on behalf of eligible employees.
The Secretary shall ensure that, within the account established under subparagraph (A), a separate subaccount is established for each employing office to be used by each such office to make student loan payments under this section. Such student loan payments shall be made from any funds available to the employing office for student loan payments that are contained in the subaccount for the office.
Amounts in each subaccount established under this paragraph shall not be made available for any purpose other than to make student loan payments under this section.
Student loan payments may begin under this section with respect to an eligible employee upon-
Student loan payments may be made under this section only with respect to the amount of student loan indebtedness of the eligible employee that is outstanding on the date on which the employee and the employing office enter into a service agreement under this section. Such payments may not be made under this section on a student loan that is in default or arrears.
Student loan payments may be made under this section with respect to more than 1 student loan of an eligible employee at the same time or separately, if the total payments on behalf of such employee do not exceed the limits under subsection (c)(2)(A).
Student loan payments made on behalf of an eligible employee under this section shall be in addition to any basic pay and other forms of compensation otherwise payable to the eligible employee, and shall be subject to withholding for income and employment tax obligations as provided for by law.
An agreement to make student loan payments under this section shall not exempt an eligible employee from the responsibility or liability of the employee with respect to the loan involved and the eligible employee shall continue to be responsible for making student loan payments on the portion of any loan that is not covered under the terms of the service agreement.
Notwithstanding the terms of a service agreement under this section, the head of an employing office may reduce the amount of student loan payments made under the agreement if adequate funds are not available to such office.
If the head of an employing office decides to reduce the amount of student loan payments to an eligible employee under clause (i)-
Notwithstanding the terms of a service agreement under this section, the head of an employing office, with the consent of an eligible employee, may increase the amount of student loan payments made under the agreement with the eligible employee, if-
A service agreement under this section shall not be construed to create a right to, promise of, or entitlement to the continued employment of the eligible employee.
A student loan payment under this section shall not be construed to be an entitlement for any eligible employee.
A student loan payment under this section-
In this subsection, the term "maximum amount", used with respect to a fiscal year, means-
From the total amount made available to carry out this section for a fiscal year, there shall be allocated to each employing office for that fiscal year-
In the case of an employing office that is a Committee of the Senate, the funds allocated under this subsection shall be apportioned between the majority and minority staff of the committee in the same manner as amounts are apportioned between the staffs for salaries.
There are authorized to be appropriated (or otherwise made available from appropriations) to carry out this section the following amounts for each fiscal year:
Amounts provided under this section shall be subject to annual appropriations.
This section shall apply to fiscal year 2002 and each fiscal year thereafter.
2 U.S.C. § 4579
EDITORIAL NOTES
REFERENCES IN TEXTThe Higher Education Act of 1965, referred to in subsec. (a)(5)(A), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219. Parts B, D, and E of title IV of the Act are classified to parts B (§1071 et seq.), D (§1087a et seq.), and E (§1087aa et seq.), respectively, of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. The Public Health Service Act, referred to in subsec. (a)(5)(B), is act July 1, 1944, ch. 373, 58 Stat. 682. Part A of title VII of the Act is classified generally to part A (§292 et seq.) of subchapter V of chapter 6A of Title 42, The Public Health and Welfare. Part E of title VIII of the Act is classified generally to part E (§297a et seq.) of subchapter VI of chapter 6A of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.Section 6568(c) of this title, referred to in subsec. (d)(4)(A), was in the original "section 104(c) of the Legislative Appropriation Act, 1977", and was translated as reading "section 104(c) of the Legislative Branch Appropriation Act, 1977", to reflect the probable intent of Congress.Section 4108 of this title, referred to in subsec. (e)(2), was in the original "section 105(a) of the Legislative Branch Act, 1965", and was translated as reading "section 105(a) of the Legislative Branch Appropriation Act, 1965", to reflect the probable intent of Congress.
CODIFICATIONSection was formerly classified to section 60c-5 of this title prior to editorial reclassification and renumbering as this section.Section is from the Congressional Operations Appropriations Act, 2002, which is title I of the Legislative Branch Appropriations Act, 2002.
AMENDMENTS2020-Subsec. (c)(2)(A)(i). Pub. L. 116-260, §105(a)(1)(A), substituted "$833" for "$500".Subsec. (c)(2)(A)(ii). Pub. L. 116-260, §105(a)(1)(B), substituted "$80,000" for "$40,000".Subsec. (h)(1). Pub. L. 116-260, §105(a)(2), substituted "2.5 percent" for "2 percent" in subpars. (A) and (B). 2018-Subsec. (a)(1), (2). Pub. L. 115-141, §103(a)(1)(B), added pars. (1) and (2). Former pars. (1) and (2) redesignated (3) and (4), respectively.Subsec. (a)(3). Pub. L. 115-141, §103(a)(1)(A), redesignated par. (1) as (3). Former par. (3) redesignated (5). Subsec. (a)(3)(B). Pub. L. 115-141, §103(a)(1)(C), substituted "rate of basic pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5." for "rate of basic pay for an employee for a position at ES-1 of the Senior Executive Schedule as provided for in subchapter VIII of chapter 53 of title 5 (including any locality pay adjustment applicable to the Washington, D.C.-Baltimore Maryland consolidated metropolitan statistical area)." Subsec. (a)(4) to (7). Pub. L. 115-141, §103(a)(1)(A), redesignated pars. (2) to (5) as (4) to (7), respectively. Subsec. (b)(1)(A)(ii). Pub. L. 115-141, §103(a)(2), struck out "1-year" before "required period". Subsec. (c)(1). Pub. L. 115-141, §103(a)(3), designated existing provisions as subpar. (A), inserted heading, substituted "Except as provided in subparagraph (B), the term" for "The term", and added subpar. (B). Subsec. (d)(2). Pub. L. 115-141, §103(a)(4)(A), struck out "or" at end of subpar. (A), substituted a semicolon for "under subsection (f)(7)." at end of subpar. (B), and added subpars. (C) and (D).Subsec. (d)(3). Pub. L. 115-141, §103(a)(4)(B), inserted "(including a required period of employment described in subsection (c)(1)(B))" after "required period of employment".Subsec. (f)(7). Pub. L. 115-141, §103(a)(5), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: "Notwithstanding the terms of a service agreement under this section, the head of an employing office may reduce the amount of student loan payments made under the agreement if adequate funds are not available to such office. If the head of the employing office decides to reduce the amount of student loan payments for an eligible employee, the head of the office and the employee may mutually agree to terminate the service agreement." 2011-Subsec. (a)(1). Pub. L. 112-74, §1001(a)(1), inserted ",except as provided under subsection (b)(3)" after "means an individual" in introductory provisions.Subsec. (a)(2), (3). Pub. L. 112-74, §1001(a)(2), added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:"(2) EMPLOYEE OF THE SENATE.-The term 'employee of the Senate' has the meaning given the term in section 1301 of this title."(3) EMPLOYING OFFICE.-The term 'employing office' means the employing office, as defined in section 1301 of this title, of an employee of the Senate."Subsec. (b)(3). Pub. L. 112-74, §1001(b), added par. (3). 2002-Subsec. (a). Pub. L. 107-117, §916(1), redesignated pars. (2) to (6) as (1) to (5), respectively, and struck out heading and text of former par. (1). Text read as follows: "The term 'Committee' means the Committee on Rules and Administration of the Senate."Subsec. (g)(1). Pub. L. 107-117, §916(2), substituted "subsection (h)(1)(A)" for "subsection (i)(1)(A)" in subpar. (A) and "subsection (h)(1)(B)" for "subsection (i)(1)(B)" in subpar. (B).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116-260, div. I, title I, §105(b), Dec. 27, 2020, 134 Stat. 1632, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on March 1, 2021."
EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115-141, div. I, title I, §103(b), Mar. 23, 2018, 132 Stat. 774, provided that: "The amendments made by this section [amending this section] shall-"(1) take effect on the date of enactment of this Act [Mar. 23, 2018]; and"(2) apply to a service agreement under section 102 of the Legislative Branch Appropriations Act, 2002 (2 U.S.C. 4579) that is in effect on the date of enactment of this Act or entered into on or after the date of enactment of this Act."
EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112-74, div. G, title I, §1001(c), Dec. 23, 2011, 125 Stat. 1124, provided that: "The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Dec. 23, 2011] and apply to service agreements entered into under section 102 of the Legislative Branch Appropriations Act, 2002 (2 U.S.C. 60c-5) [now 2 U.S.C. 4579] or section 5379 of title 5, United States Code, on or after that date."