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

Federal law — U.S. Code and appendices · legal_authorities

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

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Source location: Title 2, Chapter 45, § 4576; chapter-045-congressional-pay-and-benefits.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section4575/d/2&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section4575/e/3&num=0&edition=prelim), 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.),11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section6311&num=0&edition=prelim); and (ii) the pay of which is disbursed by the Secretary of the Senate out of an appropriation under the heading “miscellaneous items”.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 6311 — Organizational expenses of Senator-elect

**(a) Appointment of employees by Secretary of Senate to assist; termination of employment** Upon the recommendation of a Senator-elect (other than an incumbent Senator or a Senator elected to fill a vacancy), the Secretary of the Senate shall appoint two employees to assist such Senator-elect. Any employee so appointed shall serve through the day before the date on which the Senator-elect recommending his appointment commences his service as a Senator, except that his employment may be terminated before such day upon recommendation of such Senator-elect. **(b) Payment of salaries of appointed employees; funding; maximum amount** (1) Salaries of employees appointed under subsection (a) shall be paid from the appropriation for “Administrative, Clerical, and Legislative Assistance to Senators”. (2) Salaries paid to employees appointed upon recommendation of a Senator-elect under subsection (a) shall be charged against the amount of compensation which may be paid to employees in his office under [section 4575(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section4575/d&num=0&edition=prelim) (hereinafter referred to as the “clerk-hire allowance”), for the fiscal year in which his service as a Senator commences. The total amount of salaries paid to employees so appointed upon recommendation of a Senator-elect shall be charged against his clerk-hire allowance for each month in such fiscal year beginning with the month in which his service as a Senator commences (until the total amount has been charged) by whichever of the following amounts is greater: (1) one-ninth of the amount of salaries so paid, or (2) the amount by which the aggregate amount of his clerk-hire allowance which may be paid as of the close of such month under [sectio

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1311 — Rights and protections under title VII of Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Rehabilitation Act of 1973, and title I of Americans with Disabilities Act of 1990

**(a) Discriminatory practices prohibited** All personnel actions affecting covered employees shall be made free from any discrimination based on— (1) race, color, religion, sex, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964 ([42 U.S.C. 2000e–2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–2&num=0&edition=prelim)); (2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 ([29 U.S.C. 633a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section633a&num=0&edition=prelim)); or (3) disability, within the meaning of section 501 of the Rehabilitation Act of 1973 ([29 U.S.C. 791](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section791&num=0&edition=prelim)) and sections 102 through 104 of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12112–121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112–121&num=0&edition=prelim)14). **(b) Remedy** (1) **Civil rights** — The remedy for a violation of subsection (a)(1) shall be— (A) such remedy as would be appropriate if awarded under section 706(g) of the Civil Rights Act of 1964 ([42 U.S.C. 2000e–5(g)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–5/g&num=0&edition=prelim)); and (B) such compensatory damages as would be appropriate if awarded under [section 1981 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1981&num=0&edition=prelim), or as would be appropriate if awarded under sections 1981a(a)(1), 1981a(b)(2), and, irrespective of the size of the employing office, 1981a(b)(3)(D) of title 42. (2) **Age discrimination** — The remedy for a violation o

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1301 — Definitions

**(a) In general** Except as otherwise specifically provided in this chapter, as used in this chapter: (1) **Board** — The term “Board” means the Board of Directors of the Office of Congressional Workplace Rights. (2) **Chair** — The term “Chair” means the Chair of the Board of Directors of the Office of Congressional Workplace Rights. (3) **Covered employee** — The term “covered employee” means any employee of— (A) the House of Representatives; (B) the Senate; (C) the Office of Congressional Accessibility Services; (D) the Capitol Police; (E) the Congressional Budget Office; (F) the Office of the Architect of the Capitol; (G) the Office of the Attending Physician; (H) the Office of Congressional Workplace Rights; (I) the Office of Technology Assessment; (J) the Library of Congress, except for [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351&num=0&edition=prelim); or (K) the John C. Stennis Center for Public Service Training and Development. (4) **Employee** — The term “employee” includes an applicant for employment and a former employee. (5) **Employee of the Office of the Architect of the Capitol** — The term “employee of the Office of the Architect of the Capitol” includes any employee of the Office of the Architect of the Capitol or the Botanic Garden. (6) **Employee of the Capitol Police** — The term “employee of the Capitol Police” includes any member or officer of the Capitol Police. (7) **Employee of the House of Representatives** — The term “employee of the House of Representatives” includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives, or another official designated by the H

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 101 — Executive departments

The Executive departments are:

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 4501 — Compensation of Members of Congress

(1) The annual rate of pay for— (A) each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico, (B) the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives, and (C) the Speaker of the House of Representatives, shall be the rate determined for such positions under chapter 11 of this title, as adjusted by paragraph (2) of this section. (2) (A) Subject to subparagraph (B), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under [section 5303 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5303&num=0&edition=prelim) in the rates of pay under the General Schedule, each annual rate referred to in paragraph (1) shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the percentage of such annual rate which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect. (B) In no event shall the percentage adjustment taking effect under subparagraph (A) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under [section 5303 of title 5](https://uscode.house.gov

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 61–1a — Transferred

### Statutory Notes #### Codification Section 61–1a was editorially reclassified as [section 4576 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section4576&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1311 — Rights and protections under title VII of

Page 309 TITLE 2—THE CONGRESS § 1311 15 (§ 651 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables. The Employee Polygraph Protection Act of 1988, re- ferred to in subsec. (a)(8), is Pub. L. 100–347, June 27, 1988, 102 Stat. 646, which is classified generally to chap- ter 22 (§ 2001 et seq.) of Title 29. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 2001 of Title 29 and Tables. The Worker Adjustment and Retraining Notification Act, referred to in subsec. (a)(9), is Pub. L. 100–379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§ 2101 et seq.) of Title 29. For complete clas- sification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Tables. The Rehabilitation Act of 1973, referred to in subsec. (a)(10), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. The Genetic Information Nondiscrimination Act of 2008, referred to in subsec. (c)(1), is Pub. L. 110–233, May 21, 2008, 122 Stat. 881. Title II of the Act is classified generally to chapter 21F (§ 2000ff et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000ff of Title 42 and Tables. AMENDMENTS 2019—Subsec. (a)(12). Pub. L. 116–92 added par. (12). 2018—Subsec. (c). Pub. L. 115–397 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Subsec. (a)(12) of this

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 4576 — Availability of appropriated funds for

Page 565 TITLE 2—THE CONGRESS § 4576 COMPENSATION OF ADMINISTRATIVE ASSISTANT CHARGED TO SENATOR Act Oct. 28, 1949, ch. 783, title I, § 101(c)(1), 63 Stat. 974, provided that: ‘‘The basic compensation of the adminis- trative assistant to a Senator shall be charged against the aggregate amount authorized to be paid for clerical assistance and messenger service in the office of such Senator.’’ ADDITIONAL INCREASE IN CLERK HIRE Act Oct. 28, 1949, ch. 783, title I, § 101(c)(2), 63 Stat. 974, provided that: ‘‘The aggregate amount of the basic compensation authorized to be paid for clerical assist- ance and messenger service in the office of each Sen- ator is increased by $11,520.’’ INCREASE OF CLERK HIRE FOR SENATORS Act Dec. 20, 1944, ch. 617, § 2(b), 58 Stat. 832, effective Jan. 1, 1945, provided: ‘‘The aggregate amount of the basic compensation authorized to be paid to employees in the offices of Senators (including employees of standing committees of which Senators are chairmen) is hereby increased by (1) $4,020 in the case of each Sen- ator from a State which has a population of less than four million inhabitants and (2) by $5,040 in the case of each Senator from a State which has a population of four million or more inhabitants.’’ RATE OF PAY FOR SENATE COMMITTEE STAFF MEMBERS FOR 1977 COMMITTEE SYSTEM REORGANIZATION Pub. L. 95–4, Feb. 16, 1977, 91 Stat. 12, provided: ‘‘That (a) notwithstanding the limitations contained in sec- tion 105(e) of the Legislative Branch Appropriation Act, 1968, as amended and modified [2 U.S.C. 4575(e)], each el- igible staff member of a new committee to whom sec- tion 703(d) of the Committee System Reorganization Amendments of 1977 [S. Res. 4, Feb. 4, 1977] applies may, during the transition period of such new com-

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