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TITLE 2-THE CONGRESS

(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.

EFFECTIVE DATE

SECTION 7. The provisions of this Order are effective May 1, 1993. THOMAS S. FOLEY, Speaker.

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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.

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

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.

§ 60g-2. Lyndon Baines Johnson congressional interns

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.

§ 60j. Longevity compensation

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.

§ 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

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.

§ 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.

§ 601. 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.

(C) Exercise of rulemaking power

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 0-94-3: QL3

TITLE 2-THE CONGRESS

ployees who are defined as Senate employees, in section 1201(c)(1) of this title.

(3) Report to Congress

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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.

(c) Rights of employees

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

sidered to be invalidated for purposes of section 322 of such Act (2 U.S.C. 1221).

(h) Definitions

As used in this section:

(1) Employing office

The term "employing office" means the office with the final authority described in section 301(2) of such Act (2 U.S.C. 1201(2)).1 (2) Senate employee

The term "Senate employee” means an employee described in subparagraph (A) or (B) of section 301(c)(1) of such Act (2 U.S.C. 1201(c)(1)) who has been employed for at least 12 months on other than a temporary or intermittent basis by any employing office. (Pub. L. 103-3, title V, § 501, Feb. 5, 1993, 107 Stat. 27.)

REFERENCES IN TEXT

The Government Employee Rights Act of 1991, referred to in subsec. (b)(1)(B), is title III of Pub. L. 102-166, Nov. 21, 1991, 105 Stat. 1088, as amended, which is classified generally to chapter 23 (§ 1201 et seq.) of this title. For complete classification of this Act to the Code, see section 1201(a) of this title and Tables.

EFFECTIVE DATE

Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of Pub. L. 103-3, set out as a note under section 2601 of Title 29, Labor.

§ 60n. Leave for certain House employees (a) In general

The rights and protections under sections 2611 through 2615 of title 29 (other than section 2614(b) of title 29) shall apply to any employee in an employment position and any employing authority of the House of Representatives.

(b) Administration

In the administration of this section, the remedies and procedures under the Fair Employment Practices Resolution shall be applied. (c) "Fair Employment Practices Resolution" defined As used in this section, the term "Fair Employment Practices Resolution" means rule LI of the Rules of the House of Representatives. (Pub. L. 103-3, title V, § 502, Feb. 5, 1993, 107 Stat. 28.)

EFFECTIVE DATE

Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of Pub. L. 103-3, set out as a note under section 2601 of Title 29, Labor.

§ 61-1. Gross rate of compensation of employees paid by Secretary of Senate

[See main edition for text of (a) to (c)] (d) Compensation of employees in office of Senator; limitation; titles of positions

(1)(A) Except as is otherwise provided in subparagraphs (B) and (C), the aggregate of gross

So in original. Probably should be section "301(c)(2) of such Act (2 U.S.C. 1201(c)(2))."

compensation paid employees in the office of a Senator shall not exceed during each fiscal year the following:

$1,093,611 if the population of his State is less than 5,000,000;

$1,138,095 if such population is 5,000,000 but less than 6,000,000;

$1,182,580 if such population is 6,000,000 but less than 7,000,000;

$1,227,064 if such population is 7,000,000 but less than 8,000,000;

$1,271,548 if such population is 8,000,000 but less than 9,000,000;

$1,316,032 if such population is 9,000,000 but less than 10,000,000;

$1,360,516 if such population is 10,000,000 but less than 11,000,000;

$1,405,001 if such population is 11,000,000 but less than 12,000,000;

$1,449,485 if such population is 12,000,000 but less than 13,000,000;

$1,493,969 if such population is 13,000,000 but less than 14,000,000;

$1,538,454 if such population is 14,000,000 but less than 15,000,000;

$1,582,940 if such population is 15,000,000 but less than 16,000,000;

$1,627,424 if such population is 16,000,000 but less than 17,000,000;

$1,671,908 if such population is 17,000,000 but less than 18,000,000;

$1,700,366 if such population is 18,000,000 but less than 19,000,000;

$1,728,827 if such population is 19,000,000 but less than 20,000,000;

$1,757,286 if such population is 20,000,000 but less than 21,000,000;

$1,785,748 if such population is 21,000,000 but less than 22,000,000;

$1,814,208 if such population is 22,000,000 but less than 23,000,000;

$1,842,668 if such population is 23,000,000 but less than 24,000,000;

$1,871,127 if such population is 24,000,000 but less than 25,000,000;

$1,899,586 if such population is 25,000,000 but less than 26,000,000;

$1,928,048 if such population is 26,000,000 but less than 27,000,000;

$1,956,507 if such population is 27,000,000 but less than 28,000,000; and

$1,984,968 if such population is 28,000,000

or more.

[See main edition for text of undesignated pars., (B) and (C)]

(2) Within the limits prescribed by paragraph (1) of this subsection, Senators may fix the number and the rates of compensation of employees in their respective offices. The salary of an employee in a Senator's office shall not be fixed under this paragraph at a rate less than $1,655 or in excess of $129,059 per annum. A Senator may establish such titles for positions in his office as he may desire to designate, by written notification to the disbursing office of the Senate.

(e) Gross rate of compensation of employee of committee of Senate employed by joint committee, select committee, or standing committee (1), (2) Repealed. Pub. L. 96-304, title I, § 112(b)(1), July 8, 1980, 94 Stat. 892.

(3) No employee of a committee of the Senate shall be paid at a gross rate in excess of $128,564, in case of an employee of a joint committee the expenses of which are paid from the contingent fund of the Senate, $129,059, in case of an employee of a select committee (including the conference majority and conference minority of the Senate), or $130,915, in case of an employee of any standing committee (including the majority and minority policy committees) of the Senate. For the purpose of this paragraph, an employee of a subcommittee shall be considered to be an employee of the full committee.

(f) General limitation

No officer or employee whose compensation is disbursed by the Secretary of the Senate shall be paid gross compensation at a rate less than $1,655 or in excess of $129,059 unless expressly authorized by law.

[See main edition for text of (g); credits]

AMENDMENTS

1993-Subsec. (d)(1)(A). The table was revised upward, effective Jan. 1, 1993, by section 6(b) of Salary Directive of President pro tempore of the Senate, Dec. 17, 1992, set out as a note under section 60a-1 of this title. Prior to such upward revision, the table was set out as follows:

"$1,054,591 if the population of his State is less than 5,000,000;

"$1,097,487 if such population is 5,000,000 but less than 6,000,000;

"$1,140,385 if such population is 6,000,000 but less than 7,000,000;

"$1,183,282 if such population is 7,000,000 but less than 8,000,000;

"$1,226,179 if such population is 8,000,000 but less than 9,000,000;

"$1,269,076 if such population is 9,000,000 but less than 10,000,000;

"$1,311,973 if such population is 10,000,000 but less than 11,000,000;

"$1,354,870 if such population is 11,000,000 but less than 12,000,000;

"$1,397,767 if such population is 12,000,000 but less than 13,000,000;

"$1,440,664 if such population is 13,000,000 but less than 14,000,000;

"$1,483,562 if such population is 14,000,000 but less than 15,000,000;

"$1,526,460 if such population is 15,000,000 but less than 16,000,000;

"$1,569,357 if such population is 16,000,000 but less than 17,000,000;

"$1,612,254 if such population is 17,000,000 but less than 18,000,000;

"$1,639,697 if such population is 18,000,000 but less than 19,000,000;

"$1,667,142 if such population is 19,000,000 but less than 20,000,000;

"$1,694,586 if such population is 20,000,000 but less than 21,000,000;

“$1,722,032 if such population is 21,000,000 but less than 22,000,000;

"$1,749,477 if such population is 22,000,000 but less than 23,000,000;

"$1,776,921 if such population is 23,000,000 but less than 24,000,000;

"$1,804,365 if such population is 24,000,000 but less than 25,000,000;

"$1,831,809 if such population is 25,000,000 but less than 26,000,000;

"$1,859,255 if such population is 26,000,000 but less than 27,000,000;

"$1,886,699 if such population is 27,000,000 but less than 28,000,000; and

"$1,914,144 if such population is 28,000,000 or more." Subsec. (d)(2). Figures "$1,595" and "$124,959" increased, effective Jan. 1, 1993, to "$1,655" and "$129,059", respectively, see section 6(c) of Salary Directive of President pro tempore of the Senate, Dec. 17, 1992, set out as a note under section 60a-1 of this title.

Subsec. (e)(3). Figures "$124,464", "$124,959", and "$126,815" to be deemed to refer, effective Jan. 1, 1993, to the figures "$128,564", "$129,059", and "$130,915", respectively, see section 5(b) of Salary Directive of President pro tempore of the Senate, Dec. 17, 1992, set out as a note under section 60a-1 of this title.

Subsec. (f). Figures "$1,595" and "$124,959" to be deemed to refer, effective Jan. 1, 1993, to the figures "$1,655" and "$129,059”, respectively, see section 7(a), (b) of Salary Directive of President pro tempore of the Senate, Dec. 17, 1992, set out as a note under section 60a-1 of this title.

1992-Subsec. (d)(1)(A). The table was revised upward, effective Jan. 1, 1992, by section 6(b) of Salary Directive of President pro tempore of the Senate, Dec. 18, 1991, formerly set out as a note under section 60a-1 of this title.

Subsec. (d)(2). Figures "$1,530" and "$97,359" increased, effective Jan. 1, 1992, to "$1,595" and "$124,959", respectively, see section 6(c) of Salary Directive of President pro tempore of the Senate, Dec. 18, 1991, formerly set out as a note under section 60a-1 of this title.

Subsec. (e)(3). Figures "$96,864", "$97,359", and "$99,215" to be deemed to refer, effective Jan. 1, 1992, to the figures "$124,464", "$124,959", and "$126,815", respectively, see section 5(b) of Salary Directive of President pro tempore of the Senate, Dec. 18, 1991, formerly set out as a note under section 60a-1 of this title.

Subsec. (f). Figures "$1,530" and "$97,359" to be deemed to refer, effective Jan. 1, 1992, to the figures "$1,595" and "$124,959", respectively, see section 7(a), (b) of Salary Directive of President pro tempore of the Senate, Dec. 18, 1991, formerly set out as a note under section 60a-1 of this title.

1991-Subsec. (d)(1)(A). The table was revised upward, effective Jan. 1, 1991, by section 6(b) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, formerly set out as a note under section 60a-1 of this title.

Subsec. (d)(2). Figures "$1,469" and "$84,959” increased, effective Jan. 1, 1991, to "$1,530" and "$97,359", respectively, see section 6(c) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, formerly set out as a note under section 60a-1 of this title.

Subsec. (e)(3). Figures "$84,464", "$84,959", and "$86,815" (as increased to "$93,364", "$93,859", and "$95,715", respectively) to be deemed to refer, effective Jan. 1, 1991, to the figures "$96,864", "$97,359", and "$99,215", respectively, see section 5(b) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, formerly set out as a note under section 60a-1 of this title.

Subsec. (f). Figures "$1,469" and "$84,959" (as increased to $93,859) to be deemed to refer, effective Jan. 1, 1991, to the figures "$1,530" and "$97,359”, respectively, see section 7(a), (b) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, formerly set out as a note under section 60a-1 of this title.

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