Rates of compensation disbursed by Chief Administrative Officer of House; adjustments by Speaker; "Member of the House of Representatives" defined

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§4532. Rates of compensation disbursed by Chief Administrative Officer 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 Chief Administrative Officer 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;

(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; and


(C) the maintenance of the pay relationship described in paragraph (3).


(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) The pay relationship described in this paragraph is the relationship in existence as of the effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020 between-

(A) an annual rate of pay of $173,900; and

(B) the annual rate of pay of a Member of the House of Representatives who is not the Speaker, Majority Leader, or Minority Leader of the House.


(4) 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 ; Pub. L. 104–186, title II, §204(2), Aug. 20, 1996, 110 Stat. 1729 ; Pub. L. 116–94, div. E, title II, §212(b)(1), Dec. 20, 2019, 133 Stat. 2776 .)


Editorial Notes

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 4571 of this title, and enacted provisions set out as a note under section 4571 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.

The effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020, referred to in par. (3), is the effective date of section 212 of div. E of Pub. L. 116–94, which is set out in a note below.

Codification

Section was formerly classified to section 60a–2a of this title prior to editorial reclassification and renumbering as this section.

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

Amendments

2019-Par. (1)(C). Pub. L. 116–94, §212(b)(1)(A), added subpar. (C).

Pars. (3), (4). Pub. L. 116–94, §212(b)(1)(B), (C), added par. (3) and redesignated former par. (3) as (4).

1996-Par. (1). Pub. L. 104–186 substituted "Chief Administrative Officer of the House of Representatives" for "Clerk of the House of Representatives".

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).


Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Amendment by Pub. L. 116–94 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 a note under section 282b of this title.

Order of the Speaker of the House of Representatives

Speaker Pelosi, January 27, 2020

Pursuant to the authority vested in the Speaker by section 311(d) of the Legislative Branch Appropriations Act, 1988, as amended by section 212(b) of the Legislative Branch Appropriations Act, 2020 (2 U.S.C. 4532), in order to ensure parity of treatment between employees of the House of Representatives and certain other employees of the Government and to maintain the pay relationship between employees of the House of Representatives and the rate of pay of a Member of the House of Representatives who is not the Speaker, Majority Leader, or Minority Leader of the House, it is hereby-

Ordered,

pay for specified positions

SECTION 1. (a) The annual rate of pay for the Clerk, the Sergeant-at-Arms, the Chief Administrative Officer, the Chaplain, the General Counsel to the House, the Inspector General, the Director of Interparliamentary Affairs, the Attending Physician, and one additional position in the Office of the Sergeant at Arms with duties related to emergency preparedness, planning and operations is $173,900.

(b) Subject to the maximum established under subsection (a), the annual rate of pay for the following positions is subject to the approval of the Speaker:

(1) The Parliamentarian.

(2) The Legislative Counsel.

(3) The Law Revision Counsel.

pay for other positions

SEC. 2. The maximum annual rate of pay is $173,900 for any employee whose pay is disbursed by the Chief Administrative Officer and is not otherwise provided for in this Order or otherwise limited by law, rule, or regulation.

pay for shared employees

SEC. 3. An employee who, under applicable rules and regulations, is paid from two (2) or more House sources may receive pay totaling the highest limitation applicable to any of the positions the employee occupies.

effective date

SEC. 4. The provisions of this Order shall take effect on January 1, 2020.

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

Jan. 9, 2009, eff Jan. 1, 2009, as amended.

Jan. 8, 2008, eff. Jan. 1, 2008.

Dec. 18, 2005, eff. Jan. 1, 2006.

Jan. 7, 2005, eff. Jan. 1, 2005.

Feb. 3, 2004, eff. Jan. 1, 2004.

Jan. 3, 2004, eff. Jan. 1, 2004.

Jan. 9, 2003, eff. Jan. 1, 2003.

Jan. 5, 2002, eff. Jan. 1, 2002.

Jan. 5, 2001, eff. Jan. 1, 2001.

Jan. 5, 2000, eff. Jan. 1, 2000.

Feb. 3, 1999, eff. Feb. 1, 1999.

Jan. 24, 1997, eff. Feb. 1, 1997.

Jan. 17, 1995, eff. Jan. 4, 1995.

May 11, 1993, eff. May 1, 1993, as amended.

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.


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