1994 US Code
Title 2 - THE CONGRESS
CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS
Sec. 60a-2a - Rates of compensation disbursed by Clerk of House; adjustments by Speaker; “Member of the House of Representatives” defined

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§60a–2a . Rates of compensation disbursed by Clerk of House; adjustments by Speaker; “Member of the House of Representatives” defined

(1) Notwithstanding any other provision of this Act, or any other provision of law, rule, or regulation, on and after December 22, 1987, each time the President pro tempore of the Senate exercises any authority pursuant to any of the amendments made by this section with respect to rates of pay or any other matter relating to personnel whose pay is disbursed by the Secretary of the Senate, or whenever any of the events described in paragraph (2) occurs, the Speaker of the House of Representatives may adjust the rates of pay (and any minimum or maximum rate, limitation, or allowance) applicable to personnel whose pay is disbursed by the Clerk of the House of Representatives to the extent necessary to ensure—

(A) appropriate pay levels and relationships between and among positions held by personnel of the House of Representatives; and

(B) appropriate pay relationships between—

(i) positions referred to in subparagraph (A); and

(ii)(I) positions under subparagraphs (A) through (D) of section 356 of this title;

(II) positions held by personnel whose pay is disbursed by the Secretary of the Senate; and

(III) positions to which the General Schedule applies.

(2) The other events permitting an exercise of authority under this section are either—

(A) an adjustment under section 5303 of title 5 in rates of pay under the General Schedule; or

(B) an adjustment in rates of pay for Members of the House of Representatives (other than an adjustment which occurs by virtue of an adjustment described in subparagraph (A)).

(3) For the purpose of this section, the term “Member of the House of Representatives” means a Member of the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.

(Pub. L. 100–202, §101(i) [title III, §311(d)], Dec. 22, 1987, 101 Stat. 1329–290, 1329–310; Pub. L. 101–520, title III, §308, Nov. 5, 1990, 104 Stat. 2277; Pub. L. 102–90, title III, §308, Aug. 14, 1991, 105 Stat. 466.)

References in Text

This Act, referred to in par. (1), probably means the Legislative Branch Appropriations Act, 1988, Pub. L. 100–202, §101(i), Dec. 22, 1987, 101 Stat. 1329–290. For complete classification of this Act to the Code, see Tables.

The amendments made by this section, referred to in par. (1), means the amendments made by section 101(i) [title III, §311] of Pub. L. 100–202, Dec. 22, 1987, 101 Stat. 1329–290, 1329–310, which enacted this section, amended section 60a–1 of this title, and enacted provisions set out as a note under section 60a–1 of this title.

The General Schedule, referred to in pars. (1)(B)(i)(III) and (2)(A), is set out under section 5332 of Title 5, Government Organization and Employees.

Codification

Section is from the Congressional Operations Appropriations Act, 1988, which is title I of the Legislative Branch Appropriations Act, 1988.

Amendments

1991—Par. (2)(A). Pub. L. 102–90 substituted “5303” for “5305”.

1990—Pub. L. 101–520 designated existing provisions as par. (1), inserted “or whenever any of the events described in par. (2) occurs,” after “Secretary of the Senate,”, substituted “may adjust the rates of pay (and any minimum or maximum rate, limitation, or allowance) applicable to personnel whose pay is disbursed by the Clerk of the House of Representatives to the extent necessary to ensure—” and subpars. (A) and (B) for “may, with respect to personnel whose pay is disbursed by the Clerk of the House of Representatives, exercise the same authority to the extent necessary to ensure parity of treatment between personnel of the respective Houses of Congress having comparable duties and responsibilities.”, and added pars. (2) and (3).

Transfer of Functions

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Order of the Speaker of the House of Representatives I74January 17, 1995

Pursuant to the authority vested in the Speaker by section 311(d) of the Legislative Branch Appropriations Act, 1988 (2 U.S.C. 60a–2a), it is hereby—

Ordered,

definition

Section 1. As used in this Order, the term “employee” includes an Officer of the House (other than a Member of the House of Representatives).

pay for specified positions

Sec. 2. (a) The annual rate of pay for the Chief Administrative Officer, Clerk, Sergeant-at-Arms, Director of Postal Operations, Director of House Information Systems, Chaplain, Parliamentarian, Legislative Counsel, Law Revision Counsel, General Counsel to the House, and Inspector General is 2,932.

(b) The annual rate of pay for the Deputy General Counsel and Solicitor to the House is 0,000.

(c) The annual rate of pay for the Deputy Chief Administrative Officer, Deputy Sergeant-at-Arms, Deputy Clerk, and Deputy Director of House Information Systems is 6,251.

pay for certain other positions

Sec. 3. (a) Subject to subsection (b), annual rates of pay may be established—

(1) by the Speaker, for employees under the jurisdiction of the Speaker;

(2) by the majority and minority leaders, for employees under their respective jurisdictions, including with respect to the majority leader, the Republican employee referred to in House Resolution 625, 89th Congress, as enacted into permanent law by section 103 of the Legislative Branch Appropriation Act, 1967 (80 Stat. 369);

(3) by the majority and minority whips, for employees under their respective jurisdictions;

(4) by the chief deputy majority and minority whips, for employees under their respective jurisdictions;

(5) by the Chairman of the Republican Steering Committee and the Chairman of the Republican Conference, for employees under their respective jurisdictions, other than the Republican employee referred to in paragraph (2);

(6) by the Chairman of the Democratic Steering and Policy Committee and the Chairman of the Democratic Caucus, for employees under their respective jurisdictions;

(7) by the Parliamentarian, for any employee under the jurisdiction of the Parliamentarian (subject to the approval of the Speaker);

(8) by the Legislative Counsel, for any employee under the jurisdiction of the Legislative Counsel (subject to the approval of the Speaker); and

(9) by the Law Revision Counsel, for any employee under the jurisdiction of the Law Revision Counsel (subject to the approval of the Speaker).

(b)(1) The annual rate of pay under subsection (a) may not exceed 2,932 for—

(A) any employee whose maximum annual rate of pay was established by section 3(a) of the Order of the Speaker dated January 20, 1988, for the period to which that Order applied;

(B) any employee whose annual rate of pay, but for section 311(d) of the Legislative Branch Appropriations Act, 1988 (2 U.S.C. 60a–2a), would be subject, by law, rule, or regulation, to a maximum equal to the rate payable for level III or IV of the Executive Schedule;

(C) any employee in a position referred to in House Resolution 625, 89th Congress, as enacted into permanent law by section 103 of the Legislative Branch Appropriation Act, 1967 (80 Stat. 369), section 1 of House Resolution 119, 95th Congress, as enacted into permanent law by section 115 of the Legislative Branch Appropriation Act, 1978 (2 U.S.C. 74c), 82 Stat. 413, or 77 Stat. 817;

(D) any of 3 employees of the Office of Floor Assistants under section 223(b) of House Resolution 6, 104th Congress; or

(E) any of the 3 employees under the second sentence of House Resolution 7, 104th Congress.

(2) The annual rate of pay under subsection (a) may not exceed 8,234 for—

(A) any employee whose maximum annual rate of pay was established by section 3(b) of the Order of the Speaker dated January 20, 1988, for the period to which that Order applied; or

(B) any employee whose annual rate of pay, but for section 311(d) of the Legislative Branch Appropriations Act, 1988 (2 U.S.C. 60a–2a), would be subject, by law, rule, or regulation, to a maximum equal to the rate payable for level V of the Executive Schedule.

pay for employees of committees and members

Sec. 4. (a) Subject to subsection (b), annual rates of pay may be established—

(1) by the chairman of a standing, special, or select committee of the House or of a joint committee of Congress, if applicable, for employees of the committee; and

(2) by each Member of the House, for employees in the office of the Member.

(b)(1) Except as provided in paragraphs (2) and (3), the annual rate of pay under subsection (a) may not exceed 8,234.

(2) Under subsection (a)(1), each chairman may establish a maximum rate of 2,932 for 3 employees, with one such employee to be designated by the ranking minority party member of the committee.

(3) Under subsection (a)(1), each chairman may establish a maximum rate of 6,251 for 9 employees, 10 employees in the case of the Committee on International Relations and 24 employees in the case of the Committee on Appropriations, with 3 such employees to be designated by the ranking minority party member, other than in the case of the Committee on Appropriations, in which case 7 such employees shall be designated by the ranking minority party member.

miscellaneous pay provisions

Sec. 5. (a) The Chief Administrative Officer may establish annual rates of pay for 2 employees under the jurisdiction of the Chief Administrative Officer, including the Chief of the Finance Office, at a maximum rate of 8,234 (subject to the approval of the Speaker).

(b) The Clerk may establish annual rates of pay for 3 employees under the jurisdiction of the Clerk at a maximum rate of 8,234 (subject to the approval of the Speaker).

(c) The Sergeant-at-Arms may establish annual rates of pay for 2 employees under the jurisdiction of the Sergeant-at-Arms, including the General Counsel to the Capitol Police Board, at a maximum rate of 8,234 (subject to the approval of the Speaker) and 3 employees at a maximum rate equal to 75 percent of that rate (subject to the approval of the Speaker).

(d) The Speaker may, at any time, adjust the number of positions under subsections (a) through (c) and the rates of pay for those positions to accommodate the transfer of responsibilities to the Chief Administrative Officer.

general limitation

Sec. 6. The maximum annual rate of pay is 8,234 for any employee whose pay is disbursed by the Clerk of the House and is not otherwise provided for in this Order or otherwise limited by law, rule or regulation.

shared employees

Sec. 7. An employee who, under applicable rules and regulations, is paid from funds from 2 or more House sources, may receive pay totaling the highest limitation applicable to any of the positions the employee occupies. This section does not provide additional funds to any office and does not increase the number of employees who may be paid at levels higher than the limitation under section 6.

effective date

Sec. 8. The provisions of this Order shall take effect on January 4, 1995.

Newt Gingrich,

Speaker.

Prior Orders of the Speaker of the House of Representatives were issued on the following dates:

May 11, 1993, eff. May 1, 1993.

Feb. 27, 1992, eff. Jan. 1, 1992.

Jan. 28, 1991, eff. Jan. 1, 1991.

Feb. 8, 1990, eff. Feb. 1, 1990.

Jan. 20, 1988, eff. Jan. 1, 1988.