House of Representatives pay adjustments; action by Chief Administrative Officer of House

2 U.S.C. § 4531

• Title: 2 — The Congress
• Chapter: SUBCHAPTER II—HOUSE OF REPRESENTATIVES
• Part: A

Text

(a) Whenever an adjustment under section 5303 of title 5 becomes effective with respect to rates of pay under the General Schedule, the Chief Administrative Officer of the House of Representatives, in such manner as he considers advisable—
(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 Chief Administrative Officer (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
(B) each monetary limitation on or monetary allowance for pay applicable to any such employee or class of employees;
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 Chief Administrative Officer considers appropriate, to the percentage of the adjustment under such section 5303;
(2) shall determine, with respect to the employees and classes of employees within the purview of this section whose pay is disbursed by the Chief Administrative Officer, the respective amounts of pay adjustments which are equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to corresponding increases in pay, as determined by the Chief Administrative Officer, made by the pay adjustment by the President; and
(3) shall transmit to the appropriate pay-fixing authority concerned in the House of Representatives a copy of his determinations with respect to the pay of those employees whose pay is fixed and adjusted by that authority.
(b) After consideration of the pay determinations transmitted by the Chief Administrative Officer, the pay-fixing authority concerned may adjust, notwithstanding the provisions contained in sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31, the rates of pay concerned in such manner as that authority considers appropriate.
(c) Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action.
(d) This section shall not be deemed to authorize any adjustment in the rates of pay of employees whose rates of pay are disbursed by the Chief Administrative Officer and are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices, including employees subject to the House Wage Schedule.
(e) No rate of pay for any position shall be adjusted under this section to an amount in excess of the rate of pay in effect for such position under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title.

History

(Pub. L. 91–656, §5, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 92–298, §3(b), May 17, 1972, 86 Stat. 146; Pub. L. 92–392, §14(b), Aug. 19, 1972, 86 Stat. 575; 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; Pub. L. 104–186, title II, §204(1), Aug. 20, 1996, 110 Stat. 1729; Pub. L. 116–94, div. E, title II, §212(b)(2), Dec. 20, 2019, 133 Stat. 2776.)

Editorial Notes

Editorial Notes

Codification
Section was formerly classified to section 60a–2 of this title prior to editorial reclassification and renumbering as this section.
In subsec. (b), "sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31" substituted for "section 665 of title 31, United States Code" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments
2019—Subsec. (e). Pub. L. 116–94, which directed amendment of section "4(e) of the Federal Pay Comparability Act of 1970 (2 U.S.C. 4531(e))" by amending subsec. (e) generally, was executed to section 5(e) of the Act, which is subsec. (e) of this section, to reflect the probable intent of Congress. Prior to amendment, subsec. (e) read as follows: "No rate of pay shall be adjusted under this section to an amount in excess of the rate of basic pay of level V of the Executive Schedule contained in section 5316 of title 5."
1996—Subsec. (a). Pub. L. 104–186, §204(1)(A), substituted "Chief Administrative Officer of the House of Representatives" for "Clerk of the House of Representatives" in introductory provisions.
Subsec. (a)(1). Pub. L. 104–186, §204(1)(D), substituted "Chief Administrative Officer" for "Clerk" in concluding provisions.
Subsec. (a)(1)(A). Pub. L. 104–186, §204(1)(B), substituted "Chief Administrative Officer" for "Clerk of the House".
Subsec. (a)(1)(B). Pub. L. 104–186, §204(1)(C), struck out ", including but not limited to—
"(i) the clerk hire allowance for each Member of the House of Representatives and the Resident Commissioner from Puerto Rico; and
"(ii) the allowances for additional office personnel in the offices of the Speaker, the majority leader, the minority leader, the majority whip, and the minority whip, of the House of Representatives"
after "class of employees".
Subsec. (a)(2). Pub. L. 104–186, §204(1)(E), substituted "Chief Administrative Officer" for "Clerk" in two places.
Subsec. (b). Pub. L. 104–186, §204(1)(F), substituted "Chief Administrative Officer" for "Clerk of the House".
Subsec. (d). Pub. L. 104–186, §204(1)(G), substituted "Chief Administrative Officer" for "Clerk of the House of Representatives".
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 adjustment 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".
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)(1)(A). 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".

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.

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.

Effective Date of 1972 Amendment
Amendment by Pub. L. 92–392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as an Effective Date note under section 5341 of Title 5, Government Organization and Employees.

Directive of the Speaker of the House of Representatives Implementing the Salary Comparability Policy in 1969 for Officers and Employees of the House of Representatives Required by Section 212 of the Federal Salary Act of 1967 [5 U.S.C. 5304 note]
Salary Directives of the Speaker of the House of Representatives were issued on the following dates:
June 17, 1969, increases eff. July 1, 1969, Cong. Rec., vol. 115, pt. 12, p. 16196.
June 11, 1968, increases eff. July 1, 1968, Cong. Rec., vol. 114, pt. 13, p. 16717.

Increases in Compensation
The following acts provided increases in compensation for elected officers and certain employees of the House of Representatives:
Pub. L. 85–462, §4(k), (l), June 20, 1958, 72 Stat. 209.
June 28, 1955, ch. 189, §4(c), 69 Stat. 176.
Oct. 24, 1951, ch. 554, §2(e), 65 Stat. 614.
Oct. 28, 1949, ch. 783, title I, §101(d), 63 Stat. 974.