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- mittee, be paid gross annual compensation at the rate which that eligible staff member was receiving on Jan- uary 4, 1977. ‘‘(b) For purposes of subsection (a), the terms ‘eligi- ble staff member’, ‘new committee’, and ‘transition pe- riod’ have the meanings given to them by section 701 of the Committee System Reorganization Amendments of 1977 [S. Res. 4, Feb. 4, 1977].’’ 1970 INCREASE IN PAY RATES OF CERTAIN EMPLOYEES OF LEGISLATIVE BRANCH Adjustment by President pro tempore of Senate with respect to the Senate, by Finance Clerk of House with respect to the House of Representatives, and by Archi- tect of the Capitol with respect to the Office of the Ar- chitect of the Capitol, effective on the first day of the first pay period which begins on or after Dec. 27, 1969, of the rates of pay of employees of the legislative branch subject to section 214 of Pub. L. 90–206, with cer- tain exceptions, by the amounts of the adjustment for corresponding rates for employees subject to the Gen- eral Schedule, set out in section 5332 of Title 5, which had been made by section 2 of Pub. L. 91–231 raising such rates by 6 percent, see Pub. L. 91–231, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees. 1968 AND 1969 INCREASES IN COMPENSATION OF EMPLOYEES This section deemed amended on and after July 1, 1969, see Salary Directives of President pro tempore of the Senate, June 12, 1968, and June 17, 1969, formerly set out as notes under section 60a–1 of this title. RATES OF PAY FOR EMPLOYEES OF SENATE SELECT COMMITTEE TO STUDY GOVERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES Pub. L. 94–32, title I, § 5, June 12, 1975, 89 Stat. 183, provided in part that: ‘‘Notwithstanding paragraph (3) of section 105(e) of the Legislative Branch Appropria- tions Act, 1968, as amended [2 U.S.C. 4575(e)(3)], two em- ployees of the Senate Select Committee to Study Gov- ernmental Operations With Respect to Intelligence Ac- tivities may be paid at the highest gross rate provided in subparagraph (A) of such paragraph, and eleven em- ployees of such committee may be paid at the next highest gross rate provided in such subparagraph.’’ SECRETARY OF SENATE TO FIX COMPENSATION OF LEGISLATIVE CLERK AND JOURNAL CLERK Pub. L. 86–213, Sept. 1, 1959, 73 Stat. 443, authorized Secretary of Senate to fix compensation of legislative clerk and journal clerk, on and after Sept. 1, 1959, at not to exceed $7,620 basic per annum each. § 4575a. Change in maximum rates of pay for statutory employees (i) Fixed salary positions For any position for which the Secretary of the Senate disburses the pay for the position and for which the specific amount of the rate of pay for the particular position is fixed by stat- ute on the day before the effective date of the amendments made by this section, on and after such effective date the amount of the rate of pay for such position shall be fixed by the President pro tempore in an amount not to exceed the maximum rate of pay in effect under section 4575(f) of this title. (ii) Positions with maximums For any position for which the Secretary of the Senate disburses the pay for the position and for which the maximum rate of pay for the particular position is fixed by statute on the day before the effective date of the amendments made by this section, on and after such effective date the maximum rate of pay for such position shall be fixed by the President pro tempore, which shall not exceed the maximum rate of pay in effect under section 4575(f) of this title. (Pub. L. 116–94, div. E, title II, § 212(a)(1)(B), Dec. 20, 2019, 133 Stat. 2774.) Editorial Notes REFERENCES IN TEXT The effective date of the amendments made by this section, referred to in text, is the effective date of sec- tion 212 of Pub. L. 116–94, which is set out in a note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the later of the first day of the first applicable pay period beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as an Effective Date of 2019 Amendment note under section 282b of this title. § 4576. Availability of appropriated funds for payment to an individual of pay from more than one position; conditions (a) Notwithstanding any other provision of law, appropriated funds are available for pay- ment 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 modi- fied; or Page 566 TITLE 2—THE CONGRESS § 4576 1 See References in Text note below. (2) in a case where 1 or more of the individ- ual’s qualifying positions are positions de- scribed 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 indi- vidual for purposes of official business. (3)(A) For purposes of the Ethics in Govern- ment 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 pur- poses 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 of- fice, the rate of pay for the individual shall be the individual rate of pay received from the em- ploying office. (c)(1) If the duties of a qualifying position under subsection (a) include information tech- nology 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 Of- fice of the Sergeant at Arms and Doorkeeper of the Senate. (2) Notwithstanding subsection (a), an em- ployee serving in a qualifying position in the Of- fice 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 po- sition only if— (A) the other qualifying position is with the other Office; or (B) the Committee on Rules and Administra- tion of the Senate has approved the arrange- ment. (d) In this section, the term ‘‘qualifying posi- tion’’ means a position that— (1) is designated as a shared position for pur- poses of this section by the Senator or other head of the office in which the position is lo- cated; 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 Sen- ate (including a select or special com- mittee) or a joint committee of Congress; and (ii) the pay of which is disbursed by the Secretary of the Senate out of an appro- priation under the heading ‘‘inquiries and investigations’’ or ‘‘Joint Economic Com- mittee’’, 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 Of- fice of the Chaplain of the Senate); and (ii) the pay of which is disbursed by the Secretary of the Senate out of an appro- priation under the heading ‘‘Salaries, Offi- cers 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 appro- priation under the heading ‘‘miscellaneous items’’. (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 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 prin- cipally to the Appendix to Title 5, Government Organi- zation 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 pre- ceding section 101 of Title 5. The Congressional Accountability Act of 1995, re- ferred to in subsec. (b)(3)(B), is Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3. Title II of the Act is classified prin- cipally 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 renum- bering 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 Appro- priation 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), des- ignated existing provisions as subsec. (a) and sub- stituted ‘‘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 of- fice 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 ‘Sala- ries, Officers, and Employees’, if the aggregate gross Page 567 TITLE 2—THE CONGRESS § 4579 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 sub- secs. (b) to (d). 1987—Pub. L. 100–202 amended section generally. Prior to amendment, section read as follows: ‘‘Notwith- standing 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 ap- propriation under the heading ‘Salaries, Officers and Employees’, if the aggregate gross pay from those posi- tions 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 appropria- tion 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, pro- vided 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].’’ § 4577. Availability of appropriations during first three months of any fiscal year for aggregate of payments of gross compensation made to employees from Senate appropriation ac- count for ‘‘Salaries, Officers and Employees’’ At no time during the first three months of any fiscal year (commencing with the fiscal year which begins October 1, 1984) shall the aggregate of payments of gross compensation made to em- ployees out of any line item appropriation with- in the Senate appropriation account for ‘‘Sala- ries, Officers and Employees’’ (other than the line item appropriations, within such account for ‘‘Administrative, clerical, and legislative as- sistance to Senators’’ and for ‘‘Agency contribu- tions’’) exceed twenty-five per centum of the total amount available for such line item appro- priations for such fiscal year. (Pub. L. 98–367, title I, § 4, July 17, 1984, 98 Stat. 475.) Editorial Notes CODIFICATION Section was formerly classified to section 61–1b of this title prior to editorial reclassification and renum- bering as this section. Section is from the Congressional Operations Appro- priation Act, 1985, which is title I of the Legislative Branch Appropriations Act, 1985. § 4578. Restriction on payment of dual compensa- tion by Secretary of Senate Unless otherwise specifically authorized by law, no part of any appropriation disbursed by the Secretary of the Senate shall be available for payment of compensation to any person holding any position, for any period for which such person received compensation for holding any other position, the compensation for which is disbursed by the Secretary of the Senate. (June 27, 1956, ch. 453, 70 Stat. 360.) Editorial Notes CODIFICATION Section was formerly classified to section 66a of this title prior to editorial reclassification and renumbering as this section. § 4579. Student loan repayment program for Sen- ate employees (a) Definitions In this section: (1) Departure date The term ‘‘departure date’’ means the ear- lier of— (A) the date on which the term of a depart- ing Senator or Vice President ends; or (B) the date on which the departing Sen- ator or Vice President will retire or resign. (2) Departing Senator or Vice President The term ‘‘departing Senator or Vice Presi- dent’’ means a Senator or Vice President who will not serve in the next term due to retire- ment, resignation, a decision to not seek re- election, or a failure to secure reelection. (3) Eligible employee The term ‘‘eligible employee’’ means an in- dividual, except as provided under subsection (b)(3)— (A) who is an employee of the Senate; and (B) whose rate of pay as an employee of the Senate, on the date on which such eligi- bility is determined, does not exceed the rate of basic pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5. (4) Employee of the Senate The term ‘‘employee of the Senate’’— (A) has the meaning given the term under section 1301 of this title; and (B) includes any employee of the Office of Congressional Accessibility Services whose pay is disbursed by the Secretary of the Sen- ate. (5) Employing office The term ‘‘employing office’’— (A) means the employing office, as defined under section 1301 of this title, of an em- ployee of the Senate; and (B) includes the Office of Congressional Accessibility Services with respect to em- ployees of that office whose pay is disbursed by the Secretary of the Senate. (6) Secretary The term ‘‘Secretary’’ means the Secretary of the Senate. (7) Student loan The term ‘‘student loan’’ means— (A) a loan made, insured, or guaranteed under part B, D, or E of title IV of the High- er Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a et seq., or 1087aa et seq.); and (B) a health education assistance loan made or insured under part A of title VII of the Public Health Service Act (42 U.S.C. 292 et seq.), or under part E of title VIII of such Act (42 U.S.C. 297a et seq.).