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Title 2 — The Congress

Part B · Chapter 28 — Architect of the Capitol

§ 1849. Compensation of certain positions under jurisdiction of Architect of the Capitol

Statutory text

The Architect of the Capitol may fix the rate of basic pay for not more than 32 positions at a rate not to exceed the highest total rate of pay for the Senior Executive Service under subchapter VIII of chapter 53 of title 5 for the locality involved.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 101–520 title I § 108 · 104 Stat. 2254

    Enacted · 2 U.S.C. § 1849

    Pub. L. 101–520, title I, § 108, Nov. 5, 1990, 104 Stat. 2268

    Source evidence

    Code source credit
    Pub. L. 101–520, title I, § 108, Nov. 5, 1990, 104 Stat. 2268

    Enacted provision · exact public law section
    Sec. 108. administrative provisions (a) Effective as of the first day of the first applicable pay period beginning on or after the date of enactment of this Act, the compensation of the Director of Engineering (under the Architect of the Capitol) shall be equal to the rate of basic pay payable for level V of the Executive Schedule. (b) (1) Effective beginning with any pay period beginning on or after the date of enactment of this Act, the Architect of the Capitol may fix the rate of basic pay— (A) for not more than one of the positions under paragraph (2) at a rate not to exceed the rate payable for grade GS–18 of the General Schedule; and (B) for any other position under paragraph (2), at such rate as the Architect considers appropriate for such position, not to exceed the rate payable for step 2 of grade GS–17 of the General Schedule. (2) Authority under paragraph (1) may be exercised with respect to any of the following positions under the jurisdiction of the Architect of the Capitol: (A) The Senior Landscape Architect. (B) The Administrative Assistant. (C) The Executive Officer. (D) The Budget Officer. (E) The General Counsel. (F) The Superintendent of the Senate Office Buildings. (G) The Superintendent of the House Office Buildings. (H) The Supervising Engineer of the United States Capitol.

  2. Pub. L. 102–90 § 104(a)(3) · 105 Stat. 447

    Inserted · 2 U.S.C. § 1849(b)(1)

    Pub. L. 102–90, § 104(a)(3), inserted sentence at end relating to maximum rate allowable for Senior Executive Service

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 102–90, § 104(a)(3), inserted sentence at end relating to maximum rate allowable for Senior Executive Service.

  3. Pub. L. 102–90 § 104(a)(1) · 105 Stat. 447

    Substituted · 2 U.S.C. § 1849(b)(1)(A)

    Pub. L. 102–90, § 104(a)(1), substituted “90 percent of the maximum rate allowable for the Senior Executive Service;” for “the rate payable for grade GS–18 of the General Schedule;”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 102–90, § 104(a)(1), substituted “90 percent of the maximum rate allowable for the Senior Executive Service;” for “the rate payable for grade GS–18 of the General Schedule;”.

  4. Pub. L. 102–90 § 104(a)(2) · 105 Stat. 447

    Substituted · 2 U.S.C. § 1849(b)(1)(B)

    Pub. L. 102–90, § 104(a)(2), substituted “85 percent of the maximum rate allowable for the Senior Executive Service.” for “the rate payable for step 2 of grade GS–17 of the General Schedule.”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 102–90, § 104(a)(2), substituted “85 percent of the maximum rate allowable for the Senior Executive Service.” for “the rate payable for step 2 of grade GS–17 of the General Schedule.”

  5. Pub. L. 102–90 § 104(b) · 105 Stat. 447

    Added · 2 U.S.C. § 1849(c)

    Pub. L. 102–90, § 104(b), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–90, § 104(b), added subsec. (c).

  6. Legislative Branch Appropriations Act, 1998

    Pub. L. 105–55 § 311(a) · 111 Stat. 1177

    Substituted · 2 U.S.C. § 1849(a)

    Pub. L. 105–55, § 311(a), substituted “such rate as the Architect considers appropriate, not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved” for “the rate of basic pay payable for level V of the Executive Schedule”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–55, § 311(a), substituted “such rate as the Architect considers appropriate, not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved” for “the rate of basic pay payable for level V of the Executive Schedule”.

    Enacted provision · exact public law section
    (a) Rate of Pay for Director of Engineering.—Section 108(a) of the Legislative Branch Appropriations Act, 1991 (40 U.S.C. 166b–3b(a)) is amended by striking “the rate of basic pay payable for level V of the Executive Schedule” and inserting “such rate as the Architect considers appropriate, not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5, United States Code, for the locality involved”.

  7. Legislative Branch Appropriations Act, 1998

    Pub. L. 105–55 § 311(b)(1) · 111 Stat. 1177

    Struck · 2 U.S.C. § 1849(b)(1)

    Pub. L. 105–55, § 311(b)(1), struck out at end “For purposes of the preceding sentence, ‘the maximum rate allowable for the Senior Executive Service’ means the highest rate of basic pay that may be set for the Senior Executive Service under section 5382(b) of title 5.”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 105–55, § 311(b)(1), struck out at end “For purposes of the preceding sentence, ‘the maximum rate allowable for the Senior Executive Service’ means the highest rate of basic pay that may be set for the Senior Executive Service under section 5382(b) of title 5.”

    Enacted provision · exact public law section
    (1) by striking the second sentence; and

  8. Legislative Branch Appropriations Act, 1998

    Pub. L. 105–55 § 311(b)(2) · 111 Stat. 1177

    Substituted · 2 U.S.C. § 1849(b)(1)(A); 2 U.S.C. § 1849(b)(1)(B)

    Pub. L. 105–55, § 311(b)(2), substituted “the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved” for “the maximum rate allowable for the Senior Executive Service”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A), (B). Pub. L. 105–55, § 311(b)(2), substituted “the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved” for “the maximum rate allowable for the Senior Executive Service”.

    Enacted provision · exact public law section
    (2) by striking “the maximum rate allowable for the Senior Executive Service” each place it appears in subparagraphs (A) and (B) and inserting the following: “the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5, United States Code, for the locality involved”.

  9. Pub. L. 107–68 § 129(c)(1)(A) · 115 Stat. 560

    1. Added · 2 U.S.C. § 1849(a)

      Pub. L. 107–68, § 129(c)(1)(A), added subsec. (a)

    2. Struck · 2 U.S.C. § 1849(a)

      Pub. L. 107–68, § 129(c)(1)(A), struck out former subsec. (a) which read as follows: “Effective as of the first day of the first applicable pay period beginning on or after November 5, 1990, the compensation of the Director of Engineering (under the Architect of the Capitol) shall be equal to such rate as the Architect considers appropriate, not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–68, § 129(c)(1)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: “Effective as of the first day of the first applicable pay period beginning on or after November 5, 1990, the compensation of the Director of Engineering (under the Architect of the Capitol) shall be equal to such rate as the Architect considers appropriate, not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved.”

    Enacted provision · exact public law section
    (A) by striking subsections (a) and (b) and inserting the following: “(a) The Architect of the Capitol may fix the rate of basic pay for not more than 12 positions at a rate not to exceed the highest total rate of pay for the Senior Executive Service under subchapter VIII of chapter 53 of title 5, United States Code, for the locality involved.”; and

  10. Pub. L. 107–68 § 129(c)(1) · 115 Stat. 560

    1. Redesignated · 2 U.S.C. § 1849(b); 2 U.S.C. § 1849(c)

      Pub. L. 107–68, § 129(c)(1), redesignated subsec. (c) as (b)

    2. Struck · 2 U.S.C. § 1849(b); 2 U.S.C. § 1849(c)

      Pub. L. 107–68, § 129(c)(1), struck out former subsec. (b) which read as follows:

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 107–68, § 129(c)(1), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:

    “(1) Effective beginning with any pay period beginning on or after November 5, 1990, the Architect of the Capitol may fix the rate of basic pay— “(A) for not more than one of the positions under paragraph (2) at a rate not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved; and “(B) for any other position under paragraph (2), at such rate as the Architect considers appropriate for such position, not to exceed 85 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved. “(2) Authority under paragraph (1) may be exercised with respect to any of the following positions under the jurisdiction of the Architect of the Capitol: “(A) The Senior Landscape Architect. “(B) The Administrative Assistant. “(C) The Executive Officer. “(D) The Budget Officer. “(E) The General Counsel. “(F) The Superintendent of the Senate Office Buildings. “(G) The Superintendent of the House Office Buildings. “(H) The Supervising Engineer of the United States Capitol.”

    Enacted provision · exact public law section
    (1) In general.— In accordance with the authority described in section 308(a) of the Legislative Branch Appropriations Act, 1988 (40 U.S.C. 166b–3a(a)), section 108 of the Legislative Branch Appropriations Act, 1991 (40 U.S.C. 166b–3b) is amended— (A) by striking subsections (a) and (b) and inserting the following: “(a) The Architect of the Capitol may fix the rate of basic pay for not more than 12 positions at a rate not to exceed the highest total rate of pay for the Senior Executive Service under subchapter VIII of chapter 53 of title 5, United States Code, for the locality involved.”; and (B) by redesignating subsection (c) as subsection (b).

  11. Pub. L. 107–117 div. B § 914(a) · 115 Stat. 2230

    Added · 2 U.S.C. § 1849(c)

    Pub. L. 107–117 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–117 added subsec. (c).

    Enacted provision · exact public law section
    (a) In accordance with the authority described in section 308(a) of the Legislative Branch Appropriations Act, 1988 (40 U.S.C. 166b–3a(a)), section 108 of the Legislative Branch Appropriations Act, 1991 (40 U.S.C. 166b–3b), as amended by section Ante, p. 580. 129(c)(1) of the Legislative Branch Appropriations Act, 2002, is amended by adding at the end the following new subsection: “(c) The Architect of the Capitol may fix the rate of basic pay for not more than 4 positions for Executive Project Directors whose salary is payable from project funds, at a rate not to exceed 95 percent of the highest total rate of pay for the Senior Executive Service under subchapter VIII of chapter 53 of title 5, United States Code, for the locality involved.”.

  12. Pub. L. 109–55 title I § 1201(a) · 119 Stat. 565

    Substituted · 2 U.S.C. § 1849(b)

    Pub. L. 109–55 substituted “9 positions” for “8 positions”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–55 substituted “9 positions” for “8 positions”.

    Enacted provision · exact public law section
    (a) Section 108 of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 1849), is amended in subsection (b), by striking “8 positions” and inserting “9 positions”.

  13. Pub. L. 111–316 § 1(a) · 124 Stat. 3452

    Amended · 2 U.S.C. § 1849

    Pub. L. 111–316 amended section generally. Prior to amendment, section related to compensation of certain positions under jurisdiction of Architect of the Capitol, specifying twelve positions fixed in relation to Senior Executive Service, nine positions fixed in relation to the General Schedule, and four positions for Executive Project Directors

    Source evidence

    Code amendment note
    Pub. L. 111–316 amended section generally. Prior to amendment, section related to compensation of certain positions under jurisdiction of Architect of the Capitol, specifying twelve positions fixed in relation to Senior Executive Service, nine positions fixed in relation to the General Schedule, and four positions for Executive Project Directors.

    Enacted provision · exact public law section
    (a) Consolidation.— Section 108 of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 1849) is amended to read as follows: “Sec. 108. The Architect of the Capitol may fix the rate of basic pay for not more than 32 positions at a rate not to exceed the highest total rate of pay for the Senior Executive Service under subchapter VIII of chapter 53 of title 5, United States Code, for the locality involved.” .

    Effective date note
    Amendment by Pub. L. 111–316 applicable with respect to pay periods beginning on or after Dec. 18, 2010, see section 1(c) of Pub. L. 111–316, set out as a note under section 1805 of this title.

11 of 15 references resolved to an enrolled provision · 4 partial

Editorial Notes

Codification

Section was classified to section 166b–3b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, , 116 Stat. 1062.

Amendments1991–2010 · 6 rounds

2010

Pub. L. 111–316 amended section generally. Prior to amendment, section related to compensation of certain positions under jurisdiction of Architect of the Capitol, specifying twelve positions fixed in relation to Senior Executive Service, nine positions fixed in relation to the General Schedule, and four positions for Executive Project Directors.

2005

Subsec. (b). Pub. L. 109–55 substituted “9 positions” for “8 positions”.

2002

Subsec. (c). Pub. L. 107–117 added subsec. (c).

2001

Subsec. (a). Pub. L. 107–68, § 129(c)(1)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: “Effective as of the first day of the first applicable pay period beginning on or after , the compensation of the Director of Engineering (under the Architect of the Capitol) shall be equal to such rate as the Architect considers appropriate, not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved.”

Subsecs. (b), (c). Pub. L. 107–68, § 129(c)(1), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:

“(1) Effective beginning with any pay period beginning on or after , the Architect of the Capitol may fix the rate of basic pay—

“(A) for not more than one of the positions under paragraph (2) at a rate not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved; and

“(B) for any other position under paragraph (2), at such rate as the Architect considers appropriate for such position, not to exceed 85 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved.

“(2) Authority under paragraph (1) may be exercised with respect to any of the following positions under the jurisdiction of the Architect of the Capitol:

“(A) The Senior Landscape Architect.

“(B) The Administrative Assistant.

“(C) The Executive Officer.

“(D) The Budget Officer.

“(E) The General Counsel.

“(F) The Superintendent of the Senate Office Buildings.

“(G) The Superintendent of the House Office Buildings.

“(H) The Supervising Engineer of the United States Capitol.”

1997

Subsec. (a). Pub. L. 105–55, § 311(a), substituted “such rate as the Architect considers appropriate, not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved” for “the rate of basic pay payable for level V of the Executive Schedule”.

Subsec. (b)(1). Pub. L. 105–55, § 311(b)(1), struck out at end “For purposes of the preceding sentence, ‘the maximum rate allowable for the Senior Executive Service’ means the highest rate of basic pay that may be set for the Senior Executive Service under section 5382(b) of title 5.”

Subsec. (b)(1)(A), (B). Pub. L. 105–55, § 311(b)(2), substituted “the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved” for “the maximum rate allowable for the Senior Executive Service”.

1991

Subsec. (b)(1). Pub. L. 102–90, § 104(a)(3), inserted sentence at end relating to maximum rate allowable for Senior Executive Service.

Subsec. (b)(1)(A). Pub. L. 102–90, § 104(a)(1), substituted “90 percent of the maximum rate allowable for the Senior Executive Service;” for “the rate payable for grade GS–18 of the General Schedule;”.

Subsec. (b)(1)(B). Pub. L. 102–90, § 104(a)(2), substituted “85 percent of the maximum rate allowable for the Senior Executive Service.” for “the rate payable for step 2 of grade GS–17 of the General Schedule.”

Subsec. (c). Pub. L. 102–90, § 104(b), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–316 applicable with respect to pay periods beginning on or after , see section 1(c) of Pub. L. 111–316, set out as a note under section 1805 of this title.

Effective Date of 2005 Amendment

Pub. L. 109–55, title I, § 1201(b), , 119 Stat. 579, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to pay periods beginning on or after the date of the enactment of this Act [].”

Effective Date of 2002 Amendment

Pub. L. 107–117, div. B, § 914(b), , 115 Stat. 2324, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to pay periods beginning on or after .”

Effective Date of 2001 Amendment

Pub. L. 107–68, title I, § 129(c)(2), , 115 Stat. 580, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to pay periods beginning on or after the expiration of the 21-day period which begins on the date the Architect of the Capitol submits to the Committees on Appropriations of the House of Representatives and Senate a list containing the 12 positions for which the Architect will fix the rate of basic pay under the amendment, the rate of basic pay for each such position, and the job description for each such position.”

Effective Date of 1997 Amendment

Pub. L. 105–55, title III, § 311(c), , 111 Stat. 1202, provided that: “The amendments made by this section [amending this section] shall apply with respect to pay periods beginning on or after .”

Credits

1990–2010 · 7 acts
  1. 1990Pub. L. 101–520, title I, § 108, , 104 Stat. 2268
  2. 1991Pub. L. 102–90, title I, § 104, , 105 Stat. 459
  3. 1997Pub. L. 105–55, title III, § 311(a), (b), , 111 Stat. 1201
  4. 2001Pub. L. 107–68, title I, § 129(c)(1), , 115 Stat. 580
  5. 2002Pub. L. 107–117, div. B, § 914(a), , 115 Stat. 2324
  6. 2005Pub. L. 109–55, title I, § 1201(a), , 119 Stat. 579
  7. 2010Pub. L. 111–316, § 1(a), , 124 Stat. 3452.
Show as published

(Pub. L. 101–520, title I, § 108, , 104 Stat. 2268; Pub. L. 102–90, title I, § 104, , 105 Stat. 459; Pub. L. 105–55, title III, § 311(a), (b), , 111 Stat. 1201; Pub. L. 107–68, title I, § 129(c)(1), , 115 Stat. 580; Pub. L. 107–117, div. B, § 914(a), , 115 Stat. 2324; Pub. L. 109–55, title I, § 1201(a), , 119 Stat. 579; Pub. L. 111–316, § 1(a), , 124 Stat. 3452.)

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