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

2 U.S.C. § 4576

• Title: 2 — The Congress
• Chapter: SUBCHAPTER III—SENATE
• Part: A

Text

(a) Notwithstanding any other provision of law, appropriated funds are available for payment to an individual of pay from more than one qualifying position if the aggregate gross pay from those positions does not exceed—
(1) the maximum rate specified in section 4575(d)(2) of this title, as amended and modified; or
(2) in a case where 1 or more of the individual's qualifying positions are positions described in subsection (d)(2)(B), the maximum rate specified in section 4575(e)(3) of this title, as amended and modified.
(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.),1 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 6311 of this title; and
(ii) the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the heading "miscellaneous items".

History

(Pub. L. 95–94, title I, §114, Aug. 5, 1977, 91 Stat. 665; Pub. L. 95–240, title II, §207, Mar. 7, 1978, 92 Stat. 117; Pub. L. 100–202, §101(i) [title I, §9], Dec. 22, 1987, 101 Stat. 1329–290, 1329–295; Pub. L. 117–10, §2(a), Apr. 23, 2021, 135 Stat. 259.)

Editorial Notes

Editorial Notes

References in Text
The Ethics in Government Act of 1978, referred to in subsec. (b)(3)(A), is Pub. L. 95–521, Oct. 26, 1978, 92 Stat. 1824. Titles I, IV, and V of the Act were classified principally to the Appendix to Title 5, Government Organization and Employees, and were substantially repealed and restated in chapter 131 (§13101 et seq.) of Title 5 by Pub. L. 117–286, §§3(c), 7, Dec. 27, 2022, 136 Stat. 4266, 4361. For complete classification of this Act to the Code, see Tables. For disposition of sections of the Act into chapter 131 of Title 5, see Disposition Table preceding section 101 of Title 5.
The Congressional Accountability Act of 1995, referred to in subsec. (b)(3)(B), is Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3. Title II of the Act is classified principally to subchapter II (§1311 et seq.) of chapter 24 of this title. For complete classification of this Act to the Code, see Short Title note under section 1301 of this title and Tables.

Codification
Section was formerly classified to section 61–1a of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
Section is from the Congressional Operations Appropriation Act, 1978, which is title I of the Legislative Branch Appropriation Act, 1978.

Amendments
2021—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."
Subsecs. (b) to (d). Pub. L. 117–10, §2(a)(3), added subsecs. (b) to (d).
1987—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."
1978—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.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment
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]."