Pub. L. 95-26, tit. I, ch. VIII, sec. 106

Sec. 106. (a) In accordance with subsection (g) of section 705 of Senate Resolution 4, 95th Congress, agreed to February 4 (legislative day, February 1), 1977, each Senator shall, except as otherwise provided in this section, receive each fiscal year an amount equal to three times the amount referred to in section 105(e) (1) of the Legislative Branch Appropriation Act, 1968, as amended and modified. Such amount may be used by a Senator only to employ individuals for the purpose of assisting him in connection with his membership on commit-tees of the Senate. Each Senator shall designate the committee with respect to which any individual is so employed to assist him. (b) (1) In the case of a Senator who is the chairman or ranking minority member of any committee, or of any subcommittee that receives funding to employ staff assistance separately from the funding authority for staff of the full committee, the amount referred to in subsection (a) shall be reduced by the amount referred to in section 105(e)(1) of the Legislative Branch Appropriation Act, 1968, as amended and modified, for each such committee or subcommittee. (2) In the case of a Senator who is authorized by a committee, a subcommittee thereof, or the chairman of a committee or subcommittee, as appropriate, to recommend or approve the appointment to the staff of such committee or subcommittee of one or more individuals for the purpose of assisting such Senator in his duties as a member of such committee or subcommittee, the amount referred to in subsection (a) shall be reduced, for each such committee or subcommittee, by an amount equal to (A) the aggregate annual gross rates of compensation of all staff employees of that committee or subcommittee (i) whose appointment is made, approved, or recommended and (ii) whose continued employment is not disapproved by such Senator, if such employees are employed for the purpose of assisting such Senator in his duties as a member of such committee or subcommittee thereof as the case may be, or (B) the amount referred to in section 105(e) (1) of the Legislative Branch Appropriation Act, 1968, as amended and modified whichever is less. (3) In the case of a Senator who is serving on more than three committees, one of the committees on which he is serving, as selected by him, shall not lie taken into account for purposes of paragraphs (1) and (2). Any such Senator shall notify the Secretary of the Senate of the committee selected by him under this paragraph. (4) In the case of a Senator who is the chairman or ranking minority member of a subcommittee that receives funding to employ staff assistance separately from the funding authority for the full committee, if the amount of funds made available to him to employ staff assistance is less than the amount referred to in section 105(e) (1) of the Legislative Branch Appropriation Act, 1968, as amended and modified, then paragraph (1) shall not apply with respect to such subcommittee during the period March 1, 1977, through September 30, 1977. (c) (1) An employee appointed under this section shall be designated as such and certified by the Senator who appoints him to the chairman and ranking minority member of the committee designated by such Senator and shall be accorded all privileges of a professional staff member (whether permanent or investigatory) of such committee 91 STAT. 84including access to all committee sessions and files, except that any such committee may restrict access to its sessions to one staff member per Senator at a time and require, if classified material is being handled or discussed, that any staff member possess the appropriate security clearance before being allowed access to such material or to discussion of it. (2) If (A) a Senator’s service on a committee terminates (other than by reason of his ceasing to be a Member of the Senate) or a Senator’s status on a committee as the chairman or ranking minority member of such committee or a subcommittee thereof changes, and (B) the appointment of an employee appointed under this section and designated to such committee by such Senator would (but for this paragraph) thereby terminate, such employee shall, subject to the provisions of subsection (e), be continued as an employee appointed by such Senator under this section until whichever of the following first occurs: (1) the close of the tenth day following the day on which such Senator’s service on such committee terminates or his status on such committee changes or (2) the effective date on which such Senator notifies the Secretary of the Senate, in writing, that such employee, is no longer to be continued as an employee appointed under this section. An employee whose appointment is continued under this paragraph shall perform such duties as the Senator who appointed him may assign. (d) An employee appointed under this section shall not receive compensation in excess of that provided for an employee under section 105(e)(1) of the Legislative Branch Appropriation Act, 1968, as amended and modified. (e) The aggregate of payments of gross compensation made to employees under this section during each fiscal year shall not exceed at any time during such fiscal year one-twelfth of the total amount to which the Senator is entitled under this section (after application of the reductions required under subsection (b)) multiplied by the number of months (counting a fraction of a month as a month) elapsing from the first month in that fiscal year in which the Senator holds the office of Senator through the end of the current month for which the payment of gross compensation is to be made. In any fiscal year in which a Senator does not hold the office of Senator at least part of each month of that year, the aggregate amount available for gross compensation of employees under this section shall be the total amount to which the Senator is entitled under this section (after application of the reductions required under subsection (b)) divided by twelve, and multiplied by the number of months the Senator holds such office during that fiscal year, counting any fraction of a month as a full month. (f) Section 108 of the Legislative Branch Appropriation Act, 1976 (2 U.S.C. 72alc), is repealed. (g) (1) This section shall take effect on March 1, 1977. (2) Any designation, or change of designation, made by a Senator before the date of the enactment of this Act under section 705 of Senate Resolution 4, 95th Congress, agreed to February 4 (legislative day, February 1), 1977, shall be treated as a designation or change made under this section. (3) The amount of any accrued surplus available to any Senator under section 108 of the Legislative Branch Appropriation Act, 1976, at the close of February 28, 1977, shall be available to that Senator during the period beginning on March 1, 1977, and ending on September 30, 1977, for the purpose of this section. 91 STAT. 85 (4) The aggregate amount available to a Senator for gross compensation of employees appointed under this section during the period beginning on March 1, 1977, and ending on September 30, 1977 (other than any amount available under paragraph (3)), shall be seven--twelfths of the total amount to which the Senator is entitled under this section (after application of the reductions required by subsection (b)) for the fiscal year ending on September 30, 1977.