2 USC CHAPTER 45, SUBCHAPTER II: HOUSE OF REPRESENTATIVES

From Title 2—THE CONGRESSCHAPTER 45—CONGRESSIONAL PAY AND BENEFITS

SUBCHAPTER II—HOUSE OF REPRESENTATIVES

Part A—Amount and Type

§4531. House of Representatives pay adjustments; action by Chief Administrative Officer of House

(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.

(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

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.

§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

(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

Order of the Speaker of the House of Representatives

Speaker Pelosi, December 30, 2022

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, it is hereby—

Ordered,

pay for specified positions

SEC. 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 $212,100.

(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.

maximum and minimum rates of pay

SEC. 2. (a) The maximum annual rate of pay is $212,100 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. (b) The minimum annual rate of pay is $45,000 for any full-time employee whose pay is disbursed by the Chief Administrative Officer, subject to the rules and regulations promulgated by the Committee on House Administration.

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. This Order be effective January 1, 2023.

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

May 6, 2022, eff. for pay periods on or after May 6, 2022; section 2(b) eff. Sept. 1, 2022.

Aug. 12, 2021, eff. Aug. 1, 2021.

Jan. 27, 2020, eff. Jan. 1, 2020.

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.

§4533. Single per annum gross rates of pay for employees

Whenever the rate of pay of an employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives is fixed or adjusted on or after the effective date of this section, that rate, as so fixed or adjusted, shall be a single per annum gross rate.

(Pub. L. 91–510, title IV, §471, Oct. 26, 1970, 84 Stat. 1193; Pub. L. 104–186, title II, §210(1), Aug. 20, 1996, 110 Stat. 1743.)

Editorial Notes

Codification

Section was formerly classified to section 331 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996—Pub. L. 104–186 substituted "Chief Administrative Officer" for "Clerk".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.

Inconsistent Provisions

Pub. L. 91–510, title IV, §477(b), Oct. 26, 1970, 84 Stat. 1195, provided that: "All provisions of law inconsistent with any provision of this Part [Part 7 of title IV of Pub. L. 91–510, see Tables for classification] are hereby superseded to the extent of the inconsistency."

[Pub. L. 91–510, title IV, §477(b), set out above, effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.]

§4534. Obsolete references in existing law to basic pay rates

In any case in which—

(1) the rate of pay of any employee or position, or class of employees or positions, the pay for whom or for which is disbursed by the Chief Administrative Officer of the House of Representatives, or any maximum or minimum rate with respect to any such employee, position, or class, is referred to in or provided by statute or House resolution; and

(2) the rate so referred to or provided is a basic rate with respect to which additional pay is provided by law;

such statutory provision or resolution shall be deemed to refer, in lieu of such basic rate, to the per annum gross rate which an employee receiving such basic rate immediately prior to the effective date of this section would receive, without regard to such statutory provision or resolution, under section 334 ¹ of this title on and after such date.

(Pub. L. 91–510, title IV, §475, Oct. 26, 1970, 84 Stat. 1195; Pub. L. 104–186, title II, §210(4), Aug. 20, 1996, 110 Stat. 1743.)

Editorial Notes

References in Text

Section 334 of this title, referred to in text, was repealed by Pub. L. 104–186, title II, §210(3)(A), Aug. 20, 1996, 110 Stat. 1743.

Codification

Section was formerly classified to section 335 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996—Par. (1). Pub. L. 104–186 substituted "Chief Administrative Officer" for "Clerk".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.

¹ See References in Text note below.

§4535. Saving provision

The provisions of this Part ¹ shall not be construed to—

(1) limit or otherwise affect any authority for the making of any appointment to, or for fixing or adjusting the pay for, any position for which the pay is disbursed by the Chief Administrative Officer of the House of Representatives; or

(2) affect the continuity of employment of, or reduce the pay of, any employee whose pay is disbursed by the Chief Administrative Officer of the House.

(Pub. L. 91–510, title IV, §476, Oct. 26, 1970, 84 Stat. 1195; Pub. L. 104–186, title II, §210(5), Aug. 20, 1996, 110 Stat. 1743.)

Editorial Notes

References in Text

This Part, referred to in text, means Part 7 (§§471–477) of title IV of Pub. L. 91–510, Oct. 26, 1970, 84 Stat. 1193. For complete classification of Part 7 to the Code, see Tables.

Codification

Section was formerly classified to section 336 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996—Pars. (1), (2). Pub. L. 104–186 substituted "Chief Administrative Officer" for "Clerk".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of this title.

¹ See References in Text note below.

§4536. Student loan repayment program for House employees

(a) Program to cover student loan repayment, educational assistance, and professional development for House employees

(1) Establishment

The Chief Administrative Officer shall establish a program under which an employing office of the House of Representatives may agree—

(A) to repay (by direct payment on behalf of the employee) any student loan previously taken out by an employee of the office;

(B) to make direct payments on behalf of an employee of the office or to reimburse an employee of the office for expenses paid by the employee for the employee's educational and professional development; and

(C) to make direct payments on behalf of an employee of the office or to reimburse an employee of the office for credentialing, professional accreditation, professional licensure, and professional certification expenses paid by the employee.

(2) Exclusion of members

For purposes of this section, a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) shall not be considered to be an employee of the House of Representatives.

(b) Lifetime limit on aggregate payments made on behalf of any individual

The aggregate amount of payments made on behalf of any individual under the program under this section by all employing offices of the House of Representatives may not exceed $80,000.

(c) Regulations

The Committee on House Administration shall promulgate such regulations as may be necessary to carry out the program under this section.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out the program under this section during fiscal year 2003 and each succeeding fiscal year.

(Pub. L. 108–7, div. H, title I, §105, Feb. 20, 2003, 117 Stat. 354; Pub. L. 116–260, div. I, title I, §114(a), Dec. 27, 2020, 134 Stat. 1636; Pub. L. 117–328, div. I, title I, §114(a), Dec. 29, 2022, 136 Stat. 4923.)

Editorial Notes

Codification

Section was formerly classified to section 60c–6 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of the Consolidated Appropriations Resolution, 2003.

Amendments

2022—Subsec. (a). Pub. L. 117–328 amended subsec. (a) generally. Prior to amendment, text read as follows: "The Chief Administrative Officer shall establish a program under which an employing office of the House of Representatives may agree to repay (by direct payment on behalf of the employee) any student loan previously taken out by an employee of the office. For purposes of this section, a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) shall not be considered to be an employee of the House of Representatives."

2020—Subsecs. (b) to (d). Pub. L. 116–260 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–328, div. I, title I, §114(b), Dec. 29, 2022, 136 Stat. 4923, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to payments made during fiscal year 2023 or any succeeding fiscal year."

Effective Date of 2020 Amendment

Pub. L. 116–260, div. I, title I, §114(b)(1), Dec. 27, 2020, 134 Stat. 1636, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2021 and each succeeding fiscal year."

Permitting Additional Payments on Behalf of Individuals Whose Payments Reached Prior Limit

Pub. L. 116–260, div. I, title I, §114(b)(2), Dec. 27, 2020, 134 Stat. 1636, provided that: "In promulgating regulations to carry out the amendment made by subsection (a) [amending this section], the Committee on House Administration of the House of Representatives shall include regulations to permit payments to be made under the program under section 105 of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 4536) on behalf of an individual who—

"(A) is an employee of an employing office of the House during fiscal year 2021 or any succeeding fiscal year;

"(B) prior to fiscal year 2021, had payments made on the individual's behalf under the program under such section; and

"(C) prior to fiscal year 2021, became ineligible to have payments made on the individual's behalf under the program because the aggregate amount of the payments made on the individual's behalf under the program reached the limit on such aggregate amount which (under regulations promulgated by the Committee) was in effect prior to fiscal year 2021."

§4537. Lump sum payment for accrued annual leave of House employees

(a) Approval; amount; source of payments

Upon the approval of the appropriate employing authority, an employee of the House of Representatives may be paid a lump sum for the accrued annual leave of the employee or for any other purpose. The lump sum—

(1) shall be paid in an amount not more than the lesser of—

(A) the amount of the monthly pay of the employee, as determined by the Chief Administrative Officer of the House of Representatives; or

(B) in the case of a lump sum payment for the accrued annual leave of the employee, the amount equal to the monthly pay of the employee, as determined by the Chief Administrative Officer of the House of Representatives, divided by 30, and multiplied by the number of days of the accrued annual leave of the employee;

(2) shall be paid—

(A) for clerk hire employees, from the clerk hire allowance of the Member;

(B) for committee employees, from amounts appropriated for committees; and

(3) shall be based on the rate of pay in effect with respect to the employee on the last day of employment of the employee.

(b) Regulations

The Committee on House Oversight shall have authority to prescribe regulations to carry out this section.

(c) "Employee of the House of Representatives" defined

As used in this section, the term "employee of the House of Representatives" means an employee whose pay is disbursed by the Clerk of the House of Representatives or the Chief Administrative Officer of the House of Representatives, as applicable, except that such term does not include a uniformed or civilian support employee under the Capitol Police Board.

(d) Separations after June 30, 1995

Payments under this section may be made with respect to separations from employment taking place after June 30, 1995.

(Pub. L. 104–53, title I, §109, Nov. 19, 1995, 109 Stat. 522; Pub. L. 105–55, title I, §103(a), Oct. 7, 1997, 111 Stat. 1183.)

Editorial Notes

Codification

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

Section is from the Congressional Operations Appropriations Act, 1996, which is title I of the Legislative Branch Appropriations Act, 1996.

Amendments

1997—Subsec. (a). Pub. L. 105–55, §103(a)(1), (2), in introductory provisions, struck out "who is separated from employment," after "House of Representatives" and substituted "of the employee or for any other purpose" for "of the employee".

Subsec. (a)(1)(B). Pub. L. 105–55, §103(a)(3), substituted "in the case of a lump sum payment for the accrued annual leave of the employee, the amount" for "the amount".

Statutory Notes and Related Subsidiaries

Change of Name

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

Effective Date of 1997 Amendment

Pub. L. 105–55, title I, §103(b), Oct. 7, 1997, 111 Stat. 1183, provided that: "The amendments made by subsection (a) [amending this section] shall apply to fiscal years beginning on or after October 1, 1997."

§4538. Reimbursement of residential telecommunications expenses for House Members, officers, and employees

(a) Notwithstanding any other provision of law, official resources may be used during a fiscal year (beginning with fiscal year 1999), in accordance with regulations of the Committee on House Oversight, to reimburse a Member, officer, or employee of the House of Representatives for the ordinary and necessary expenses related to the official use of telecommunications lines in the residence of the Member, officer, or employee.

(b) The Committee on House Oversight shall promulgate such regulations as are necessary to implement this section.

(Pub. L. 105–275, title I, §109, Oct. 21, 1998, 112 Stat. 2439.)

Editorial Notes

Codification

Section was formerly classified to section 127b of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriations Act, 1999, which is title I of the Legislative Branch Appropriations Act, 1999.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

Part B—Administration

§4551. Day for paying salaries of the House of Representatives

The usual day for paying salaries in or under the House of Representatives shall be the last day of each month, except that if the last day of a month falls on a Saturday, Sunday, or a legal public holiday, the Chief Administrative Officer of the House of Representatives shall pay such salaries on the first weekday which precedes the last day.

(Pub. L. 107–68, title I, §116(a), Nov. 12, 2001, 115 Stat. 573.)

Editorial Notes

Codification

Section was formerly classified to section 60d–1 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriations Act, 2002, which is title I of the Legislative Branch Appropriations Act, 2002.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 107–68, title I, §116(c), Nov. 12, 2001, 115 Stat. 573, provided that: "This section [enacting this section and repealing sections 60d, 60e, and 60e–1 of this title] and the amendments made by this section shall apply with respect to pay periods beginning after the expiration of the 1-year period which begins on the date of the enactment of this Act [Nov. 12, 2001]."

§4552. Certificates to pay rolls of employees of House

The Clerk, Sergeant at Arms, and Chief Administrative Officer of the House of Representatives shall make certificate each month to their respective pay rolls, stating whether the persons named in such pay rolls and employed in their respective departments have been actually present at their respective places of duty and have actually performed the services for which compensation is provided in said pay rolls, and in each case where a person carried on such pay roll has been absent and has not performed the services in whole or in part for which payment is proposed, the reason for such absence and for such nonperformance of services shall be stated.

(Mar. 3, 1901, ch. 830, §1, 31 Stat. 968; Pub. L. 104–186, title II, §204(41), Aug. 20, 1996, 110 Stat. 1736.)

Editorial Notes

Codification

Section was formerly classified to section 89 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996—Pub. L. 104–186 substituted "and Chief Administrative Officer" for "Doorkeeper, and Postmaster".

§4553. Gratuities for survivors of deceased House employees; computation

The Chief Administrative Officer of the House of Representatives is on and after July 2, 1954, authorized to pay, from the applicable accounts of the House of Representatives, a gratuity to the widow, widower, or heirs-at-law, of each deceased employee of the House an amount equal to one month's salary for each year or part of year of the first six years service of such employee plus one-half of one month's salary for each year or part of year of such service in excess of six years to and including the eighteenth year of such service. Service computed hereunder shall include all Federal civilian employment, and military service where such service interrupted Federal civilian employment.

(July 2, 1954, ch. 455, title I, 68 Stat. 403; Pub. L. 104–186, title II, §204(70), Aug. 20, 1996, 110 Stat. 1740.)

Editorial Notes

Codification

Section was formerly classified to section 125 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996—Pub. L. 104–186 substituted "Chief Administrative Officer of the House of Representatives" for "Clerk of the House" and "applicable accounts of the House of Representatives" for "contingent fund of the House".

§4554. Waiver by Speaker of House of claims of United States arising out of erroneous payments to officers or employees paid by Chief Administrative Officer of House

(a) Waiver of claim for erroneous payment of pay or allowances

A claim of the United States against a person arising out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, on or after July 25, 1974, to an officer or employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by the Speaker of the House.

(b) Investigation and report

An application for waiver of a claim shall be investigated by the Chief Administrative Officer of the House of Representatives who shall submit a written report of his investigation to the Speaker of the House.

(c) Prohibition of waiver

The Speaker of the House may not exercise his authority under this section to waive any claim—

(1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the officer or employee or any other person having an interest in obtaining a waiver of the claim; or

(2) if the application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered.

(d) Credit for waiver

In the audit and settlement of the accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section.

(e) Effect of waiver

An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes.

(f) Construction with other laws

This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States.

(g) Rules and regulations

The Speaker of the House shall prescribe rules and regulations to carry out the provisions of this section.

(Pub. L. 93–359, §3, July 25, 1974, 88 Stat. 395; Pub. L. 104–186, title II, §204(76), Aug. 20, 1996, 110 Stat. 1742; Pub. L. 104–316, title I, §102(c), Oct. 19, 1996, 110 Stat. 3828.)

Editorial Notes

Codification

Section was formerly classified to section 130d of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996—Subsec. (a). Pub. L. 104–316 struck out ", if the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official" before period at end.

Pub. L. 104–186 substituted "Chief Administrative Officer" for "Clerk".

Subsec. (b). Pub. L. 104–186 substituted "Chief Administrative Officer" for "Clerk".

§4555. Withholding of State income tax by Chief Administrative Officer of House

(a) Agreement with proper State official; covered individuals

Until otherwise provided by law, the Chief Administrative Officer of the House of Representatives shall, in accordance with subsections (b), (c), and (d) enter into an agreement with any State, at the request for agreement from the proper State official. The agreement shall provide that the Chief Administrative Officer shall withhold State income tax in the case of each Member and employee who is subject to such income tax and who voluntarily requests such withholding.

(b) Number of remittances authorized

Any agreement entered into under subsection (a) shall not require the Chief Administrative Officer to remit sums withheld pursuant to any such agreement more often than once each calendar quarter.

(c) Acceptance or disapproval of proposed agreement by Committee on House Administration

(1) The Chief Administrative Officer shall, before entering into any agreement under subsection (a), transmit a statement with respect to the proposed agreement to the Committee on House Administration of the House of Representatives (hereinafter in this section and section 4556 of this title referred to as the "committee"). Such statement shall set forth a detailed description of the proposed agreement, together with any other information which the committee may require.

(2) If the committee does not disapprove, through appropriate action, any proposed agreement transmitted to the committee under paragraph (1) no later than ten legislative days after receiving such proposed agreement, then the Chief Administrative Officer may enter into such proposed agreement. The Chief Administrative Officer may not enter into any proposed agreement if such proposed agreement is disapproved by the committee under this paragraph.

(d) Number and effective date of requests for withholding; change of designated State; revocation of request

(1) A Member or employee may have in effect at any time only one request for withholding under subsection (a), and such Member or employee may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholding is effective on the first day of the month in which the request is processed by the Chief Administrative Officer, but in no event later than on the first day of the first month beginning after the day on which such request is received by the Chief Administrative Officer, except that—

(A) when the Chief Administrative Officer first enters into an agreement with a State under subsection (a), a request for withholding shall be effective on such date as the Chief Administrative Officer may determine;

(B) when an individual first receives an appointment as an employee, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment; and

(C) when an individual first becomes a Member, the request shall be effective on the day such individual takes the oath of office as a Member, if the individual makes the request at such time.

(2) A Member or employee may change the State designated by such Member or employee for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. A Member or employee also may revoke any request of such Member or employee for withholding. Any change in the State designated or revocation is effective on the first day of the month in which the request or the revocation is processed by the Chief Administrative Officer, but in no event later than on the first day of the first month beginning after the day on which such request or revocation is received by the Chief Administrative Officer.

(e) Provisions as not imposing duty, burden, requirement or penalty on United States, House, or any officer or employee of United States; effect of filing paper, form, or document with Chief Administrative Officer

This section and section 4556 of this title impose no duty, burden, or requirement upon the United States, the House of Representatives, or any officer or employee of the United States, except as specifically provided in this section and section 4556 of this title. Nothing in this section and section 4556 of this title shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the House of Representatives, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section and section 4556 of this title. Any paper, form, document, or any other item filed with, or submitted to, the Chief Administrative Officer under this section and section 4556 of this title is considered to be a paper of the House of Representatives within the provisions of the Rules of the House of Representatives.

(Pub. L. 94–440, title II, §101, Oct. 1, 1976, 90 Stat. 1448; Pub. L. 104–186, title II, §204(4), Aug. 20, 1996, 110 Stat. 1730.)

Editorial Notes

Codification

Section was formerly classified to section 60e–1a of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.

Section is based on section 1 of House Resolution No. 732, Ninety-fourth Congress, Nov. 4, 1975, which was enacted into permanent law by Pub. L. 94–440.

Amendments

1996—Subsec. (a). Pub. L. 104–186, §204(4)(B), substituted "provide that the Chief Administrative Officer shall withhold" for "provide that—

"(1) the Clerk, in the case of employees whose compensation is disbursed by the Clerk; and

"(2) the Sergeant at Arms, in the case of Members of the House of Representatives;

shall withhold".

Pub. L. 104–186, §204(4)(A), substituted "Chief Administrative Officer of the House of Representatives shall, in accordance with" for "Clerk of the House of Representatives (hereinafter in this section and section 60e–1b of this title referred to as the 'Clerk') and the Sergeant at Arms of the House of Representatives (hereinafter in this section and section 60e–1b of this title referred to as the 'Sergeant at Arms') shall, in accordance with the provisions of".

Subsec. (b). Pub. L. 104–186, §204(4)(C), substituted "Chief Administrative Officer" for "Clerk or the Sergeant at Arms".

Subsec. (c)(1). Pub. L. 104–186, §204(4)(D), substituted "Chief Administrative Officer" for "Clerk and the Sergeant at Arms".

Subsec. (c)(2). Pub. L. 104–186, §204(4)(E), substituted "Chief Administrative Officer" for "Clerk or the Sergeant at Arms, as the case may be," in two places.

Subsecs. (d), (e). Pub. L. 104–186, §204(4)(F), substituted "Chief Administrative Officer" for "Clerk or the Sergeant at Arms" wherever appearing.

§4556. State income tax withholding; definitions

For purposes of section 4555 of this title and this section—

(1) the term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States;

(2) the term "Member" means a Member of the House of Representatives, the Delegates from the District of Columbia, Guam, and the Virgin Islands, and the Resident Commissioner from Puerto Rico; and

(3) the term "legislative days" does not include any calendar day on which the House of Representatives is not in session.

(Pub. L. 94–440, title II, §101, Oct. 1, 1976, 90 Stat. 1448.)

Editorial Notes

Codification

Section was formerly classified to section 60e–1b of this title prior to editorial reclassification and renumbering as this section.

Section is based on section 2 of House Resolution No. 732, Ninety-fourth Congress, Nov. 4, 1975, which was enacted into permanent law by Pub. L. 94–440.

§4557. Withholding of charitable contributions by Chief Administrative Officer of House

(a) Authority

Until otherwise provided by law and except as provided in subsection (c), the Chief Administrative Officer of the House of Representatives shall—

(1) notify employees of the opportunity to have amounts withheld from their compensation for contribution to charitable organizations; and

(2) if an employee files with such officer a voluntary request specifying the amount to be withheld and one Combined Federal Campaign Center in the Washington metropolitan area to receive such amount—

(A) withhold such amount from the compensation of such employee, and

(B) transmit (not less than once each calendar quarter) the amount so withheld to the Combined Federal Campaign Center as specified in such request.

(b) Time of fundraising activities

The Chief Administrative Officer of the House of Representatives shall, to the extent practicable, carry out subsection (a) at or about the time of the Combined Federal Campaign and other fundraising in the executive branch of the Federal Government conducted pursuant to Executive Order 10927, dated March 18, 1961, and at such other times as such officer deems appropriate.

(c) Minimum amounts withheld

(1) No amount shall be withheld under subsection (a) from the compensation of any employee for any pay period if the amount of such compensation for such period is less than the sum of—

(A) the amount specified to be withheld from such compensation under subsection (a) for such period, plus

(B) the amount of all other withholdings from such compensation for such period.

(2) No amount may be specified by an employee to be withheld for any pay period under subsection (a) which is less than—

(A) 50 cents, if the pay period of such individual is biweekly or semimonthly; or

(B) $1, if the pay period of such individual is monthly.

(d) Duty, burden, or requirement not imposed

This section imposes no duty, burden, or requirement upon the United States, the House of Representatives, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the House of Representatives, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. Any paper, form, document, or any other item filed with, or submitted to, the Chief Administrative Officer of the House of Representatives under this section is considered to be a paper of the House of Representatives within the provisions of the Rules of the House of Representatives.

(Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777; Pub. L. 104–186, title II, §204(5)(A), Aug. 20, 1996, 110 Stat. 1730.)

Editorial Notes

References in Text

Executive Order 10927, dated March 18, 1961, referred to in subsec. (b), was revoked, and is covered, by Ex. Ord. No. 12353, Mar. 23, 1982, 47 F.R. 12785.

Codification

Section was formerly classified to section 60e–1c of this title prior to editorial reclassification and renumbering as this section.

Section is based on section 1 of House Resolution No. 12, Ninety-fifth Congress, August 5, 1977, which was enacted into permanent law by Pub. L. 95–391.

Amendments

1996—Subsec. (a). Pub. L. 104–186, §204(5)(A)(i), substituted "Chief Administrative Officer" for "Clerk" in introductory provisions.

Subsecs. (b), (d). Pub. L. 104–186, §204(5)(A)(ii), substituted "Chief Administrative Officer of the House of Representatives" for "Clerk".

§4558. Withholding of charitable contributions; definitions

For purposes of section 4557 of this title—

(1) the term "charitable organizations" means national voluntary health and welfare agencies designated by the Director of the Office of Personnel Management pursuant to Executive Order 10927, dated March 19, 1961; and

(2) the term "employee" means any employee of the House of Representatives whose compensation is disbursed by the Chief Administrative Officer of the House of Representatives.

(Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 104–186, title II, §204(5)(B), Aug. 20, 1996, 110 Stat. 1730.)

Editorial Notes

References in Text

Executive Order 10927, dated March 18, 1961, referred to in par. (1), was revoked, and is covered, by Ex. Ord. No. 12353, Mar. 23, 1982, 47 F.R. 12785.

Codification

Section was formerly classified to section 60e–1d of this title prior to editorial reclassification and renumbering as this section.

Section is based on section 2 of House Resolution No. 12, Ninety-fifth Congress, August 5, 1977, which was enacted into permanent law by Pub. L. 95–391.

Amendments

1996—Par. (1). Pub. L. 104–186, §204(5)(B)(i), inserted "and" at end.

Par. (2). Pub. L. 104–186, §204(5)(B)(ii), (iv), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "the term 'Clerk' means the Clerk of the House of Representatives;".

Par. (3). Pub. L. 104–186, §204(5)(B)(iii), (iv), substituted "Chief Administrative Officer of the House of Representatives" for "Clerk" and redesignated par. (3) as (2).

Executive Documents

Transfer of Functions

"Director of the Office of Personnel Management" substituted for "Chairman of the Civil Service Commission" in par. (1) pursuant to Reorg. Plan No. 2 of 1978, §102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in United States Civil Service Commission and Chairman thereof to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

§4559. Certification of indebtedness of employees of House; withholding of amount

Whenever an employee of the House of Representatives becomes indebted to the House of Representatives and fails to pay the indebtedness, the chairman of the committee or the elected officer of the House of Representatives that has jurisdiction over the activity under which the indebtedness arises may certify to the Chief Administrative Officer of the House of Representatives the amount of the indebtedness. The Chief Administrative Officer of the House of Representatives is authorized to withhold the amount so certified from any amount which is disbursed by him and which is due to, or on behalf of, such employee. Whenever an amount is withheld under this section, the appropriate account shall be credited in an amount equal to the amount so withheld. As used in this section, the term "employee of the House of Representatives" means any person in the legislative branch of the Government whose salary, wages, or other compensation is disbursed by the Chief Administrative Officer of the House of Representatives.

(Pub. L. 85–492, July 2, 1958, 72 Stat. 293; Pub. L. 104–186, title II, §204(42), Aug. 20, 1996, 110 Stat. 1736.)

Editorial Notes

Codification

Section was formerly classified to section 89a of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996—Pub. L. 104–186 substituted "and fails to pay the indebtedness, the chairman of the committee or the elected officer of the House of Representatives that has jurisdiction over the activity under which the indebtedness arises may certify to the Chief Administrative Officer of the House of Representatives the amount of the indebtedness" for ", or to the trust fund account in the office of the Sergeant at Arms of the House of Representatives, and such employee fails to pay such indebtedness, the chairman of the committee, or the elected officer, of the House of Representatives having jurisdiction of the activity under which such indebtedness arose, is authorized to certify to the Clerk of the House of Representatives the amount of such indebtedness" in first sentence and "Chief Administrative Officer" for "Clerk" in second and last sentences.

§4560. Deductions by Chief Administrative Officer in disbursement of gratuity appropriations

The Chief Administrative Officer of the House of Representatives is authorized, in the disbursement of gratuity appropriations, to make deductions of such amounts as may be due to or through his office or as may be due the House of Representatives.

(May 29, 1928, ch. 853, §1, 45 Stat. 885; Pub. L. 104–186, title II, §204(26), Aug. 20, 1996, 110 Stat. 1734.)

Editorial Notes

Codification

Section was formerly classified to section 80a of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996—Pub. L. 104–186 substituted "Chief Administrative Officer of the House of Representatives" for "Sergeant-at-Arms of the House".