§ 1832. Assignment and reassignment of personnel

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.

1. 1979

   Pub. L. 96–86 § 101(c) · 93 Stat. 656

   Enacted · 2 U.S.C. § 1832

   Pub. L. 96–86, § 101(c), Oct. 12, 1979, 93 Stat. 657

   Source evidence

   Code source credit
   Pub. L. 96–86, § 101(c), Oct. 12, 1979, 93 Stat. 657

   Enacted provision · exact public law section
   (c) Notwithstanding the provisions of sections 102 and 106 of this joint resolution, such amounts as may be necessary for continuing projects and activities to the extent and in the manner as provided in H.R. 4390, entitled the Legislative Branch Appropriation Act, 1980, as reported June 7, 1979 (except as to executive salaries which are covered subsequently) and such amounts as may be necessary for continuing projects or activities for which disbursements are made by the Secretary of the Senate, and the Senate items under the Architect of the Capitol, to the extent and in the manner which would be provided for in the budget estimates, as amended, for fiscal year 1980. For the fiscal year 1980, funds available for payment to executive Executive employees. 5 USC 5318 note. employees, which includes Members of Congress, who under existing law are entitled to approximately 12.9 percent increase in pay, shall not be used to pay any such employee or elected or appointed official any sum in excess of 5.5 percent increase in existing pay and such sum if accepted shall be in lieu of the 12.9 percent due for such fiscal year. Provided, further, That for the purpose of carrying out this provision 5 USC 5318 note. and notwithstanding the provisions of the Federal Pay Comparability Act of 1970, the Executive Salary Cost-Of-Living Adjustment 5 USC 5301 note. 5 USC 5312 note. Act, or any other related provision of law, which would provide an approximate 12.9 percent increase in pay for certain Federal officials for pay periods beginning on or after October 1, 1979, and notwithstanding section 102 of this joint resolution, the provisions of section 304 of the Legislative Branch Appropriation Act, 1979, which limit 92 Stat. 788. the pay for certain Federal offices and positions, shall apply to funds appropriated by this joint resolution or any Act for the fiscal year 1980, except that in applying such limitation the term “at a rate which exceeds by more than 5.5 percent the rate” shall be substituted for the term “at a rate which exceeds the rate” where it appears in subsection (a) of such section for the purpose of limiting pay increases to 5.5 percent. Any additional payment under existing law is not to be construed as an increase in salary or emoluments within the meaning of Article I, section 6, Clause 2 of the Constitution, except that: USC prec. title 1. Judicial appointments, civil action. (1) Any Member of Congress, whether he voted to confirm or not to confirm the appointment of any judge appointed during the 96th Congress to the United States Court of Appeals for the District of Columbia, or whether he abstained from, or was not present for such vote, may bring a civil action in the United States District Court for the District of Columbia or in any United States District Court in the State he represents to contest the constitutionality of the appointment and continuance in office of said Circuit Judge on the ground that such appointment and continuance in office is in violation of Article I, section 6, clause 2 of the Constitution; (2) The designated United States District Courts shall have exclusive jurisdiction, without regard to the sum or value of the matter in controversy, to determine the validity of such appointment and continuance in office; (3) Any action brought under this section shall be heard and determined by a panel of three judges in accordance with the provisions of section 2284 of title 28, United States Code. Any appeal from the action of a court convened pursuant to such section shall lie to the Supreme Court; and (4) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited. For purposes of this subsection, H.R. 4390, as reported June 7, 1979, shall be treated as appropriating $11,000,000 under the headings “OFFICE OF TECHNOLOGY ASSESSMENT,” “Salaries and Expenses”; $200,300,000 under the headings “GENERAL ACCOUNTING OFFICE”, “Salaries and Expenses”; and $50,707,000 under headings “JOINT ITEMS”, “Official Mail Costs”. No funds contained in this section shall be used to remodel the gallery in Statuary Hall in the Capitol into carrels or into any other structure constituting additional office or work space for Members of Congress.

1 of 1 references resolved to an enrolled provision