United States Code

(1) effective on the first day of the month in which such pay adjustment by the President is made effective as described above, shall adjust

(A) each minimum and maximum rate of pay applicable to any employee or class of employees whose pay is disbursed by the Clerk of the House (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule of section 5332 of title 5 as a result of such adjustment); and

[See main edition for text of (B)]

by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as the Clerk considers appropriate, to the percentage of the adjustment under such section 5303;

[See main edition for text of (2) and (3); (b) to (e)]

(As amended Pub. L. 101-509, title V, § 529 [title I, § 101(b)(4)(F), (10)], Nov. 5, 1990, 104 Stat. 1427, 1440, 1442; Pub. L. 102-378, § 5(b), Oct. 2, 1992, 106 Stat. 1358.)

justment under section 5303 becomes effective with respect to rates of pay under the General Schedule," for "(a) Whenever a pay adjustment by the President under section 5305 of title 5 is made effective pursuant to subsection (a)(2), or subsections (c) to (m), inclusive, as the case may be, of such section 5305, or section 3(c) of this Act, then".

AMENDMENTS

1992-Subsec. (a). Pub. L. 102-378 inserted "of title 5" after "section 5303".

1990-Subsec. (a). Pub. L. 101-509, § 529 [title I, § 101(b)(4)(F)(i)], substituted "(a) Whenever an ad

Subsec. (a)(1). Pub. L. 101-509, § 529 [title I, § 101(b)(10)], made technical correction to Pub. L. 92-298 and Pub. L. 92-392, see 1972 Amendment note below.

Pub. L. 101-509, § 529 [title I, § 101(b)(4)(F)(iii)], in closing provisions, substituted "adjustment under such section 5303;" for "pay adjustment made by the President;".

Subsec. (a)(1XA). Pub. L. 101-509, § 529 [title I, § 101(b)(4)(F)(ii)], substituted "adjustment)" for "pay adjustment by the President)".

1972-Subsec. (a)(1). Pub. L. 92-298 and Pub. L. 92-392, as amended by Pub. L. 101-509, § 529 [title I, § 101(b)(10)], made identical substitutions in introductory provisions of "effective on the first day of the month in which such pay adjustments by the President" for "effective at the beginning of the first pay period commencing on or after the day on which such pay adjustment by the President".

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, 305] of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees.

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.

§ 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.

(As amended 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.

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

ORDER OF THE SPEAKER OF The United STATES HOUSE OF REPRESENTATIVES

MAY 11, 1993

Pursuant to the authority vested in the Speaker by section 311 of the Legislative Branch Appropriations Act, 1988, enacted by Public Law 100-202, as amended by Public Law 101-520 [this section], in order to ensure parity of treatment between personnel of the House of Representatives and certain other positions within the Government of the United States, it is herebyOrdered,

DEFINITION

SECTION 1. For the purposes of this Order, the term "employee" includes an Officer of the House (other than a Member of the House of Representatives).

ANNUAL SALARY RATES FOR SPECIFIED POSITIONS SECTION 2. (a) That annual rates of compensation of the Director of Non-Legislative and Financial Services, Clerk, Sergeant-At-Arms, Doorkeeper, Director of Postal Services, Director of House Information Services, Chaplain, Parliamentarian, Legislative Counsel, Law Revision Counsel and the General Counsel to the House shall be $122,932.

(b) The annual rates of compensation of the Deputy Director of Non-legislative Services, Deputy SergeantAt-Arms, Deputy Clerk, Deputy Director of House Information Systems and the Deputy General Counsel to the House shall be $116,251.

CERTAIN MAXIMUM RATES OF COMPENSATION

SECTION 3. (a) The following individuals are authorized to increase the annual rates of compensation of the employees specified, subject to applicable limitations adjusted by subsection 3(b) of this Order:

(1) The Speaker, for any employee under his jurisdiction;

(2) The Minority Leader for the six (6) employees referred to in Section 115 of Public Law 95-94 [2 U.S.C. 74c] and for the Republican position referred to in H. Res. 625 of the 89th Cong., 80 Stat. 369;

(3) The Majority and Minority Leaders, for any employee under their respective jurisdictions;

(4) The Majority and Minority Whips, for any employee under their respective jurisdictions;

(5) The Chief Deputy Majority and Minority Whips, for any employee under their respective jurisdiction;

(6) The Chairman of the Steering and Policy Committee, for any employee under his jurisdiction;

(7) The Chairmen of the Democratic Caucus and the Republican Conference, for any employee under their respective jurisdictions except for the Republican position referred to in H. Res. 625 of the 89th Cong., 80 Stat. 369;

(8) The Parliamentarian, for any employee under his jurisdiction (subject to the approval of the Speaker);

(9) The Legislative Counsel, for any employee under his jurisdiction (subject to the approval of the Speaker);

(10) The Law Revision Counsel, for any employee under his jurisdiction (subject to the approval of the Speaker).

(b) The authority granted in subsection 3(a) of this Order shall be subject to the following limitations:

(1) For any employee whose maximum annual rate of compensation is established in Section 3(a) of the Order of the Speaker dated January 20, 1988 or whose rate of compensation is limited by law, rule or regulation to an annual rate of compensation not in excess of the annual rate of pay provided for Levels III or IV of the Executive Schedule and for the positions referred to in H. Res. 625 of the 89th Congress and H. Res. 119 of the 95th Congress [2 U.S.C. 74c]; 80 Stat. 369; 82 Stat. 413; and, 77 Stat. 417[817], the annual rate of pay shall not exceed $122,932;

(2) For any employee whose maximum annual rate of compensation is established in Section 3(b) of the Order of the Speaker dated January 20, 1988 or whose rate of compensation is limited by law, rule or regulation to an annual rate of pay not in excess of the annual rate of pay provided for Level V of the Executive Schedule the annual rate of pay shall not exceed $108,234.

(c) The following individuals are authorized to increase the annual rates of compensation of the employee specified, subject to the limitation provided in subsection 3(d) of this Order:

(1) The Chairman of any standing, special, select or joint committee of the House or, in the case of joint committees of the House and Senate, for any employee of their respective committee; and

(2) Each Member of the House, for any employee of his office.

(d) The maximum rate of compensation for any individual whose rate of compensation is set pursuant to the authority provided in subsection 3(c) of this order is $108,234 except that each Committee Chairman may set the rate of compensation of three (3) committee employees at a maximum rate of $122,932 (with one of the employees to be designated by the Ranking Minority Member of the Committee) and nine (9) committee employees (ten (10) for the Chairman of the Committee on Foreign Affairs and nineteen (19) for the Chairman of the Committee on Appropriations) at a maximum rate of $116,251 (with three (3) of the employees to be designated by the Ranking Minority Member, except for the Committee on Appropriations fow [sic] which six (6) of the employees shall be designated by the Ranking Minority Member).

(e) The Director of Non-Legislative Services is authorized to set the rate of compensation for two (2) employees under his jurisdiction, including the Chief of the Finance Office, at a maximum rate of $108,234 (subject to the approval of the Speaker).

(f) The Doorkeeper is authorized to set the rate of compensation for two (2) employees under his jurisdiction at a maximum rate of $108,234 (subject to the approval of the Speaker).

(g) The Clerk is authorized to set the rate of compensation of three (3) employees under his jurisdiction, including the Special Deputy to the Clerk/FEC, at a maximum rate of $108,234 (subject to the approval of the Speaker).

(h) The Sergeant-At-Arms is authorized to set the rate of compensation for two (2) employees under his jurisdiction, including the General Counsel to the Capitol Police Board, at a maximum rate of $108,234 (subject to the approval of the Speaker) and (3) three employees at a maximum rate equal to 75% of that rate (subject to the approval of the Speaker).

(i) The number of positions and the rates of compensations for the positions described in subsections (e) through (h) of this section may be adjusted at any time by the Speaker to accommodate the transfer of responsibilities to the Director of Non-legislative and Financial Services.

GENERAL LIMITATION

SECTION 4. The maximum annual rate of compensation for any employee whose compensation is disbursed by the Clerk of the House and who is not otherwise provided for in this Order nor otherwise limited by provision of law, rule or regulation shall be $108,234.

SHARED EMPLOYEES

SECTION 5. An employee who is, consistent with the applicable rules and regulations, paid from funds from two or more House sources, may receive compensation totaling the highest limitation applicable to any of the positions the employee occupies. This provision does not provide any additional funds to any office and does not increase the number of employees who can be compensated at levels higher than the general limitation provided for by Section 4.

SECTION 6. The Speaker and the Minority Leader may each designate one employee of one Legislative Service Organization who may be paid at a maximum rate of compensation of $116,251. This provision does not provide any additional funds to any office.

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

Feb. 27, 1992, increases effective Jan. 1, 1992.
Jan. 28, 1991, increases effective Jan. 1, 1991.
Feb. 8, 1990, increases effective Feb. 1, 1990.
Jan. 20, 1988, increases effective Jan. 1, 1988.

§ 60d. Officers and employees paid by Clerk of House; payment of December salary

TRANSFER OF FUNCTIONS

§ 60e. Payment of salary for months other than December by Clerk of House to officers and employees

TRANSFER OF FUNCTIONS

§ 60e-1a. Withholding of State income tax by Clerk and Sergeant at Arms of House

TRANSFER OF FUNCTIONS

Certain functions of Clerk and Sergeant at Arms 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.

§ 60e-1c. Withholding of charitable contributions by Clerk of House

TRANSFER OF FUNCTIONS

§ 60e-1d. Withholding of charitable contributions; definitions

TRANSFER OF FUNCTIONS

§ 60g-2. Lyndon Baines Johnson congressional interns

TRANSFER OF FUNCTIONS

§ 60j. Longevity compensation

TRANSFER OF FUNCTIONS

§ 60j-2. Longevity compensation for telephone operators on United States telephone exchange and members of Capitol Police paid by Clerk of House

TRANSFER OF FUNCTIONS

§ 60k. Application of rights and protections of Fair Labor Standards Act of 1938 to Congressional and Architect of Capitol employees

(a) House employees

(1) In general

Not later than 180 days after the date the minimum wage rate prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is increased pursuant to the amendment made by section 2, the rights and protections under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall apply with respect to any employee in an employment position in the House of Representatives and to any employing authority of the House of Representatives.

(2) Administration

In the administration of this subsection, the remedies and procedures under the Fair Employment Practices Resolution shall be applied. As used in this paragraph, the term "Fair Employment Practices Resolution" means House Resolution 558, One Hundredth Congress, agreed to October 4, 1988, as continued in effect by House Resolution 15, One Hundred First Congress, agreed to January 3, 1989.

(b) Architect of Capitol employees

Not later than 180 days after the date the minimum wage rate prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is increased pursuant to the amendment made by section 2, the rights and protections under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall apply with respect to individuals employed under the Office of the Architect of the Capitol.

(Pub. L. 101-157, § 8, Nov. 17, 1989, 103 Stat. 944.)

REFERENCES IN TEXT

Section 2, referred to in text, is section 2 of Pub. L. 101-157, Nov. 17, 1989, 103 Stat. 938, which amended section 206(a)(1) of Title 29, Labor, to increase the minimum wage.

The Fair Labor Standards Act of 1938, referred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

House Resolution 558, referred to in subsec. (a)(2), was made applicable during the One Hundred Second Congress by Rule LI of the Rules of the House of Representatives of the One Hundred Second Congress. For the One Hundred Third Congress, Rule LI was amended generally and, as so amended, contains provisions relating to fair employment practices.

§ 60%. Coverage of House and agencies of legislative branch

(a) Coverage of House

(1) In general

Notwithstanding any provision of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or of other law, the purposes of such title shall, subject to paragraph (2), apply in their entirety to the House of Representatives.

(2) Employment in House

(A) Application

The rights and protections under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) shall, subject to subparagraph (B), apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House of Representatives.

(B) Administration

(i) In general

In the administration of this paragraph, the remedies and procedures made applicable pursuant to the resolution described in clause (ii) shall apply exclusively. (ii) Resolution

The resolution referred to in clause (i) is the Fair Employment Practices Resolution (House Resolution 558 of the One Hundredth Congress, as agreed to October 4, 1988), as incorporated into the Rules of the House of Representatives of the One Hundred Second Congress as Rule LI, or any other provision that continues in effect the provisions of such resolution.

The provisions of subparagraph (B) are enacted by the House of Representatives as an exercise of the rulemaking power of the House of Representatives, with full recognition of the right of the House to change its rules, in the same manner, and to the same extent as in the case of any other rule of the House.

(b) Instrumentalities of Congress (1) In general

The rights and protections under this title 1 and title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) shall, subject to paragraph (2), apply with respect to the conduct of each instrumentality of the Congress. (2) Establishment of remedies and procedures by instrumentalities

The chief official of each instrumentality of the Congress shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to paragraph (1). Such remedies and procedures shall apply exclusively, except for the em

1 See References in Text note below.

75-801 O-94-3: QL3

TITLE 2-THE CONGRESS

The Civil Rights Act of 1964, referred to in subsecs. (a)(1), (2)(A) and (b)(1), is Pub. L. 88-352, July 2, 1964, 78 Stat. 252, as amended. Title VII of the Act is classified generally to subchapter VI (§ 2000e et seq.) of chapter 21 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 2000a of Title 42 and Tables.

Rule LI of the Rules of the House of Representatives, referred to in subsec. (a)(2)(B)(ii), was amended generally for the One Hundred Third Congress and, as so amended, contains provisions relating to fair employment practices.

This title, referred to in subsec. (b)(1), is title I of Pub. L. 102-166, Nov. 21, 1991, 105 Stat. 1071, which enacted this section and section 1981a of Title 42, The Public Health and Welfare, amended section 626 of Title 29, Labor, and sections 1981, 1988, 2000e, 2000e-1, 2000e-2, 2000e-4, 2000e-5, 2000e-16, 12111, and 12112 of Title 42, and enacted provisions set out as notes under sections 1981, 2000e, and 2000e-4 of Title 42. For complete classification of title I to the Code, see Tables.

EFFECTIVE DATE

Section effective Nov. 21, 1991, except as otherwise provided, see section 402(a) of Pub. L. 102-166, set out as an Effective Date of 1991 Amendment note under section 1981 of Title 42, The Public Health and Welfare.

§ 60m. Leave for certain Senate employees (a) Coverage

The rights and protections established under sections 2611 through 2615 of title 29 shall apply with respect to a Senate employee and an employing office. For purposes of such application, the term "eligible employee" means a Senate employee and the term "employer" means an employing office.

(b) Consideration of allegations

(1) Applicable provisions

The provisions of sections 304 through 313 of the Government Employee Rights Act of 1991 (2 U.S.C. 1204–1213) shall, except as pro

Page 26 vided in subsections (d) and (e) of this section

(A) apply with respect to an allegation of a violation of a provision of sections 2611 through 2615 of title 29, with respect to Senate employment of a Senate employee; and

(B) apply to such an allegation in the same manner and to the same extent as such sections of the Government Employee Rights Act of 1991 apply with respect to an allegation of a violation under such Act [2 U.S.C. 1201 et seq.).

(2) Entity

Such an allegation shall be addressed by the Office of Senate Fair Employment Practices or such other entity as the Senate may designate.

The Office of Senate Fair Employment Practices shall ensure that Senate employees are informed of their rights under sections 2611 through 2615 of title 29.

(d) Limitations

A request for counseling under section 305 of such Act [2 U.S.C. 1205] by a Senate employee alleging a violation of a provision of sections 2611 through 2615 of title 29 shall be made not later than 2 years after the date of the last event constituting the alleged violation for which the counseling is requested, or not later than 3 years after such date in the case of a willful violation of section 2615 of title 29.

(e) Applicable remedies

The remedies applicable to individuals who demonstrate a violation of a provision of sections 2611 through 2615 of title 29 shall be such remedies as would be appropriate if awarded under paragraph (1) or (3) of section 2617(a) of title 29.

(f) Exercise of rulemaking power

The provisions of subsections (b), (c), (d), and (e) of this section, except as such subsections apply with respect to section 309 of the Government Employee Rights Act of 1991 (2 U.S.C. 1209), are enacted by the Senate as an exercise of the rulemaking power of the Senate, with full recognition of the right of the Senate to change its rules, in the same manner, and to the same extent, as in the case of any other rule of the Senate. No Senate employee may commence a judicial proceeding with respect to an allegation described in subsection (b)(1) of this section, except as provided in this section. (g) Severability

Notwithstanding any other provision of law, if any provision of section 309 of the Government Employee Rights Act of 1991 (2 U.S.C. 1209), or of subsection (b)(1) of this section insofar as it applies such section 309 to an allegation described in subsection (b)(1)(A) of this section, is invalidated, both such section 309, and subsection (b)(1) of this section insofar as it applies such section 309 to such an allegation, shall have no force and effect, and shall be con

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