§ 4576. Availability of appropriated funds for payment to an individual of pay from more than one position; conditions

Footnotes

1. 1 See References in Text note below.

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. 1977

   Pub. L. 95–94 title I § 114 · 91 Stat. 1254

   Enacted · 2 U.S.C. § 4576

   Pub. L. 95–94, title I, § 114, Aug. 5, 1977, 91 Stat. 665

   Source evidence

   Code source credit
   Pub. L. 95–94, title I, § 114, Aug. 5, 1977, 91 Stat. 665

   Enacted provision · exact public law section
   Sec. 114. Notwithstanding any other provision of law, appropriated 2 USC 61–1a. funds are available for payment to an individual of pay from more than one position, each of which is in the office of a Senator and the pay for which is disbursed by the Secretary of the Senate, if the aggregate gross pay from those positions does not exceed the amount specified in section 105(d) (2) (ii) of the Legislative Appropriations Act of 1968, as amended and modified. 2 USC 61–1.

2. 1978

   Supplemental Appropriations Act, 1978

   Pub. L. 95–240 title II § 207 · 92 Stat. 107

   Substituted · 2 U.S.C. § 4576

   Pub. L. 95–240 substituted provisions relating to pay disbursed by Secretary of Senate from appropriation with the heading for salaries, etc., for provisions requiring positions to be in office of a Senator and the pay for each disbursed by Secretary of Senate

   Source evidence

   Code amendment note
   Pub. L. 95–240 substituted provisions relating to pay disbursed by Secretary of Senate from appropriation with the heading for salaries, etc., for provisions requiring positions to be in office of a Senator and the pay for each disbursed by Secretary of Senate.

   Enacted provision · exact public law section
   Sec. 207. Section 114 of the Legislative Branch Appropriation Act, 1978, is amended by striking out “each of which is in the office of a 2 USC 61–1a. Senator and the pay for which is disbursed by the Secretary of the Senate” and inserting in lieu thereof “the pay for each of which is disbursed by the Secretary of the Senate out of an appropriation under the heading ‘Salaries, Officers and Employees’.”.

3. 1987

   Department of Commerce Appropriation Act, 1988

   Pub. L. 100–202 § 101(i)(tI)(s9) · 101 Stat. 1329

   Amended · 2 U.S.C. § 4576

   Pub. L. 100–202 amended section generally. Prior to amendment, section read as follows: “Notwithstanding any other provision of law, appropriated funds are available for payment to an individual of pay from more than one position, the pay for each of which is disbursed by the Secretary of the Senate out of an appropriation under the heading ‘Salaries, Officers and Employees’, if the aggregate gross pay from those positions does not exceed the amount specified in section 61–1(d)(2)(ii) of this title.”

   Source evidence

   Code amendment note
   Pub. L. 100–202 amended section generally. Prior to amendment, section read as follows: “Notwithstanding any other provision of law, appropriated funds are available for payment to an individual of pay from more than one position, the pay for each of which is disbursed by the Secretary of the Senate out of an appropriation under the heading ‘Salaries, Officers and Employees’, if the aggregate gross pay from those positions does not exceed the amount specified in section 61–1(d)(2)(ii) of this title.”

   Enacted provision · exact public law section
   Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

4. 2021

   Senate Shared Employee Act

   Pub. L. 117–10 § 2(a)(1) · 135 Stat. 259

   1. Amended · 2 U.S.C. § 4576(a)

      Pub. L. 117–10, § 2(a)(1), (2), designated existing provisions as subsec. (a)

   2. Substituted · 2 U.S.C. § 4576(a)

      Pub. L. 117–10, § 2(a)(1), (2), substituted “qualifying position if the aggregate gross pay from those positions does not exceed—” and pars. (1) and (2) for “position, each of which is either in the office of a Senator and the pay of which is disbursed by the Secretary of the Senate or is in another office and the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the heading ‘Salaries, Officers, and Employees’, if the aggregate gross pay from those positions does not exceed the maximum rate specified in section 4575(d)(2) of this title.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 117–10, § 2(a)(1), (2), designated existing provisions as subsec. (a) and substituted “qualifying position if the aggregate gross pay from those positions does not exceed—” and pars. (1) and (2) for “position, each of which is either in the office of a Senator and the pay of which is disbursed by the Secretary of the Senate or is in another office and the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the heading ‘Salaries, Officers, and Employees’, if the aggregate gross pay from those positions does not exceed the maximum rate specified in section 4575(d)(2) of this title.”

   Enacted provision · exact public law section
   (1) by inserting “(a)” before “Notwithstanding”;

   Effective date note
   Pub. L. 117–10, § 2(b), Apr. 23, 2021, 135 Stat. 261, provided that: “The amendments made by subsection (a) [amending this section] shall take effect beginning on the day that is 6 months after the date of enactment of this Act [Apr. 23, 2021].”

5. 2021

   Senate Shared Employee Act

   Pub. L. 117–10 § 2(a)(3) · 135 Stat. 259

   Added · 2 U.S.C. § 4576(b)(d)

   Pub. L. 117–10, § 2(a)(3), added subsecs. (b) to (d)

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 117–10, § 2(a)(3), added subsecs. (b) to (d).

   Enacted provision · exact public law section
   (3) by adding at the end the following: “(b) (1) For an individual serving in more than 1 qualifying position under subsection (a), the cost of any travel for official business shall be paid by the office authorizing the travel. “(2) Messages for each electronic mail account used in connection with carrying out the official duties of an individual serving in more than 1 qualifying position under subsection (a) may be delivered to and sent from a single handheld communications device provided to the individual for purposes of official business. “(3) (A) For purposes of the Ethics in Government Act of 1978 (5 U.S.C. App.), the rate of basic pay for an individual serving in more than 1 qualifying position under subsection (a) shall be the total basic pay received by the individual from all such positions. “(B) For an individual serving in more than one qualifying position under subsection (a), for purposes of the rights and obligations described in, or described in the provisions applied under, title II of the Congressional Accountability Act of 1995 (2 U.S.C. 1311 et seq.) related to practices used at a time when the individual is serving in such a qualifying position with an employing office, the rate of pay for the individual shall be the individual rate of pay received from the employing office. “(c) (1) If the duties of a qualifying position under subsection (a) include information technology services and support, an individual may only serve in the qualifying position and 1 or more additional qualifying positions under such subsection if the individual is in compliance with each information technology standard and policy established for Senate offices by the Office of the Sergeant at Arms and Doorkeeper of the Senate. “(2) Notwithstanding subsection (a), an employee serving in a qualifying position in the Office of the Secretary of the Senate or the Office of the Sergeant at Arms and Doorkeeper of the Senate may serve in an additional qualifying position only if— “(A) the other qualifying position is with the other Office; or “(B) the Committee on Rules and Administration of the Senate has approved the arrangement. “(d) In this section, the term ‘qualifying position’ means a position that— “(1) is designated as a shared position for purposes of this section by the Senator or other head of the office in which the position is located; and “(2) is one of the following: “(A) A position— “(i) that is in the office of a Senator; and “(ii) the pay of which is disbursed by the Secretary of the Senate. “(B) A position— “(i) that is in any committee of the Senate (including a select or special committee) or a joint committee of Congress; and “(ii) the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the heading ‘inquiries and investigations’ or ‘Joint Economic Committee’, or a heading relating to a Joint Congressional Committee on Inaugural Ceremonies. “(C) A position— “(i) that is in another office (excluding the Office of the Vice President and the Office of the Chaplain of the Senate); and “(ii) the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the heading ‘Salaries, Officers and Employees’. “(D) A position— “(i) that is filled pursuant to section 105 of the Second Supplemental Appropriations Act, 1978 (2 U.S.C. 6311); and “(ii) the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the heading ‘miscellaneous items’.” .

   Effective date note
   Pub. L. 117–10, § 2(b), Apr. 23, 2021, 135 Stat. 261, provided that: “The amendments made by subsection (a) [amending this section] shall take effect beginning on the day that is 6 months after the date of enactment of this Act [Apr. 23, 2021].”

6 of 6 references resolved to an enrolled provision