2 U.S.C. § 60a–2a (THE CONGRESS)
§ 60a–2a. 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; 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; Pub. L. 104–186, title II, § 204(2), Aug. 20, 1996, 110 Stat. 1729.)
heading: References in Text
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.
heading: Codification
text: Section is from the Congressional Operations Appropriations Act, 1988, which is title I of the Legislative Branch Appropriations Act, 1988.
heading: Amendments
text: 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).
heading: Order of the Speaker of the House of Representatives
heading: January 9, 2009
text: 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), in order to ensure parity of treatment between employees of the House of Representatives and certain other employees of the Government, it is hereby—
Ordered,
heading: pay for specified positions
text: Section 1. (a) The annual rate of pay for the Clerk, the Sergeant-at-Arms, the Chief Administrative Officer, the Chaplain, the Parliamentarian, the Legislative Counsel, the Law Revision Counsel, the General Counsel to the House, the Inspector General, the Director of Interparliamentary Affairs and the Director of the Office of Emergency Planning, Preparedness, and Operations is $172,500.
(b) Subject to the approval of the Speaker, the Clerk, the Sergeant-at-Arms, the General Counsel to the House, the Director of the Office of Emergency Planning, Preparedness, and Operations, the Attending Physician to the Congress, and the Law Revision Counsel may establish the pay for the Deputy Clerk, the Deputy Sergeant-at-Arms, the Deputy General Counsel, the Deputy Director of the Office of Emergency Planning, Preparedness, and Operations, the Chief of Staff to the Office of the Attending Physician, and, notwithstanding section 2(b)(2), the Deputy Law Revision Counsel, respectively, at a maximum annual rate of $170,696.
heading: pay for certain other positions
text: Sec. 2. (a) Subject to the maximums under subsection (b), the following Members, officers, and employees are authorized to establish annual rates of pay for their respective employees:
(1) The Speaker.
(2) The majority and minority leaders, including with respect to the minority leader, for the Republican employee under subsection (b)(1)(B)(i).
(3) The majority and minority whips.
(4) The chief deputy majority and minority whips.
(5) The Chairman of the Republican Steering Committee and the Chairman of the Republican Conference, other than for the Republican employee referred to in paragraph (2).
(6) The Chairman of the Democratic Steering and Policy Committee and the Chairman of the Democratic Caucus.
(7) The Parliamentarian, subject to the approval of the Speaker.
(8) The Legislative Counsel, subject to the approval of the Speaker.
(9) The Law Revision Counsel, subject to the approval of the Speaker.
(b)(1) The maximum annual rate under subsection (a) is $172,500 for—
(A) any employee whose maximum annual rate of pay, but for the pay authority of the Speaker under section 311(d) of the Legislative Branch Appropriations Act, 1988 (2 U.S.C. 60a–2a), would be subject to a maximum equal to the rate payable for level III or IV of the Executive Schedule; and
(B)(i) one employee of the Republican Conference and one employee of the Democratic Steering and Policy Committee, (ii) any employee in a position under 77 Stat. 817, (iii) 6 minority employees, (iv) the employee in the position in the Office of the Speaker created in 1967, (v) 3 employees in the Speaker’s Office for Legislative Floor Activities, and (vi) 3 further minority employees.
(2) The maximum annual rate under subsection (a) is $168,411 for any employee whose maximum annual rate of pay, but for the pay authority of the Speaker referred to in paragraph (1), would be subject to a maximum equal to the rate payable for level V of the Executive Schedule.
heading: pay for employees of committees
text: Sec. 3. (a) Except as provided in subsection (b), the chairman of a standing, special, or select committee of the House or of a joint committee of Congress, if applicable, may establish the pay for employees of the committee at a maximum annual rate of $168,411.
(b)(1) Each chairman may establish the pay for 3 employees at a maximum annual rate of $172,500, with one such employee to be designated by the ranking minority party member.
(2) Each chairman may establish the pay for 9 employees at a maximum annual rate of $170,696, with 3 such employees to be designated by the ranking minority party member, except that the Chairman of the Committee on Appropriations may so establish pay for 24 employees, with 7 such employees to be designated by the ranking minority party member.
heading: pay for employees of members
text: Sec. 4. Each Member of the House may establish the pay for employees in the office of the Member at a maximum annual rate of $168,411.
heading: miscellaneous pay provisions
text: Sec. 5. (a) Subject to the approval of the Speaker, the Clerk may establish the pay for 3 employees at a maximum annual rate of $168,411.
(b) Subject to the approval of the Speaker, the Sergeant-at-Arms may establish the pay—
(1) for 2 employees at a maximum annual rate of $168,411; and
(2) for 2 employees at a maximum annual rate equal to 75 percent of the maximum under paragraph (1).
(c) Subject to the approval of the Speaker, the Chief Administrative Officer may establish the pay—
(1) for 2 employees at a maximum annual rate of $168,411; and
(2) for 3 employees at a maximum annual rate of $170,696.
heading: general limitation
text: Sec. 6. The maximum annual rate of pay is $168,411 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.
heading: shared employees
text: Sec. 7. An employee who, under applicable rules and regulations, is paid from 2 or more House sources may receive pay totaling the highest limitation applicable to any of the positions the employee occupies.
heading: effective date
text: Sec. 8. The provisions of this Order shall take effect on January 1, 2009.
Nancy Pelosi
Speaker of the House
Prior Orders of the Speaker of the House of Representatives were issued on the following dates:
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.