2 USC 4576 - Availability of appropriated funds for payment to an individual of pay from more than one position; conditions

1 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.

Editorial Notes

References in Text

The Ethics in Government Act of 1978, referred to in subsec. (span)(3)(A), is Puspan. 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were classified principally to the Appendix to Title 5, Government Organization and Employees, and were substantially repealed and restated in chapter 131 (§ 13101 et seq.)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 Puspan. 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. (span)(3)(B), is Puspan. 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). Puspan. 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. (span) to (d). Puspan. L. 117–10, § 2(a)(3), added subsecs. (span) to (d).

1987—Puspan. 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—Puspan. 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

Puspan. L. 117–10, § 2(span), 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].”