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.
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
(C) the maintenance of the pay relationship described in paragraph (3).
(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.
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.
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.
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.
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.
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
(C) for other employees, from amounts appropriated to the employing authority; 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Source: United States Code / CFR (uscode.house.gov, govinfo.gov) — U.S. federal law, public domain (17 U.S.C. § 105).
