Title 5 — Government Organization and Employees
Part III · Chapter 21 — Definitions
§ 2107. Congressional employee
Statutory text
For the purpose of this title, “Congressional employee” means—
an employee of either House of Congress, of a committee of either House, or of a joint committee of the two Houses;
an elected officer of either House who is not a Member of Congress;
the Legislative Counsel of either House and an employee of his office;
a member or employee of the Capitol Police;
an employee of a Member of Congress if the pay of the employee is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives;
[(6)
Repealed. Pub. L. 90–83, § 1(5)(A), , 81 Stat. 196.]
the Architect of the Capitol and an employee of the Architect of the Capitol;
an employee of the Botanic Garden; and
an employee of the Office of Congressional Accessibility Services.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 2107
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 409
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 409Public Law not identified
Added · 5 U.S.C. § 2107(9)
Par. (9). Pub. L. 91—510 added par. (9)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Par. (9). Pub. L. 91—510 added par. (9).House of Representatives Administrative Reform Technical Corrections Act
Pub. L. 104–186 title II § 215(1) · 110 Stat. 1718
Substituted · 5 U.S.C. § 2107(5)
Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”
Source evidence
Code amendment note
Par. (5). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.Enacted provision · exact public law section
(1) Section 2107(5) of title 5, United States Code, is amended by striking out “Clerk” and inserting in lieu thereof “Chief Administrative Officer”.Capitol Visitor Center Act of 2008
Pub. L. 110–437 title IV § 422(c) · 122 Stat. 4983
Amended · 5 U.S.C. § 2107(9)
Pub. L. 110–437 amended par. (9) generally. Prior to amendment, par. (9) read as follows: “an employee of the Capitol Guide Service.”
Source evidence
Code amendment note
Par. (9). Pub. L. 110–437 amended par. (9) generally. Prior to amendment, par. (9) read as follows: “an employee of the Capitol Guide Service.”Enacted provision · exact public law section
(c) Treatment as Congressional Employees for Retirement Purposes.— Section 2107(9) of title 5, United States Code, is amended to read as follows: “(9) an employee of the Office of Congressional Accessibility Services.” .United States Capitol Police Administrative Technical Corrections Act of 2009
Pub. L. 111–145 § 7(a) · 124 Stat. 49
Inserted · 5 U.S.C. § 2107(4)
Pub. L. 111–145, inserted “or employee” after “member”
Source evidence
Code amendment note
Par. (4). Pub. L. 111–145, inserted “or employee” after “member”.Enacted provision · exact public law section
(a) Definition of Congressional Employee.— Section 2107(4) of title 5, United States Code, is amended by inserting “or employee” after “member”.Effective date note
Pub. L. 111–145, § 7(d), Mar. 4, 2010, 124 Stat. 56, provided that: “The amendments made by this section [amending this section and sections 5515, 5531, 5533, and 5537 of this title] shall take effect as though enacted as part of section 1018 of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907).”
3 of 5 references resolved to an enrolled provision · 1 partial · 1 unresolved
Notes
Historical and Revision Notes
1966 Act
The section is supplied to avoid the necessity of defining “Congressional employee” each time the term is used in this title.
| 1967 Act | ||
|---|---|---|
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
| 2107(6) | 2:126–1. | July 27, 1965, Pub. L. 89–90, § 101 (proviso on p. 265), 79 Stat. 265. |
| 2107(8) | 5 App.: 2251(c). | Sept. 26, 1966, Pub. L. 89–604, § 1(a), 80 Stat. 846. |
Paragraph (6), relating to Official Reporters of Debates of the Senate and their employees, is eliminated as unnecessary on authority of the act of (2 U.S.C. 126–1). Pursuant to that act, the Official Reporters and their employees became employees of the Senate; accordingly, they are now included within the definition of “Congressional employee” under paragraph (1).
In paragraph (8), based on the act of (5 App. U.S.C. 2251(c)), the word “officers” is omitted as included in “employees,” and the words “United States” preceding the words “Botanic Garden” are omitted as unnecessary.
Editorial Notes
Amendments1970–2010 · 4 rounds
2010
Par. (4). Pub. L. 111–145, inserted “or employee” after “member”.
2008
Par. (9). Pub. L. 110–437 amended par. (9) generally. Prior to amendment, par. (9) read as follows: “an employee of the Capitol Guide Service.”
1996
Par. (5). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.
1970
Par. (9). Pub. L. 91—510 added par. (9).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Pub. L. 111–145, § 7(d), , 124 Stat. 56, provided that: “The amendments made by this section [amending this section and sections 5515, 5531, 5533, and 5537 of this title] shall take effect as though enacted as part of section 1018 of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907).”
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–437 effective first day of first pay period (applicable to employees transferred under section 2241 of Title 2, The Congress) on or after 30 days after , see section 422(d) of Pub. L. 110–437, set out as a note under section 1301 of Title 2.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–510 effective immediately prior to noon on June. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as a note under section 4301 of Title 2, The Congress.