2 U.S.C. § 1847 — Authorization to fix basic rate of com-

Page 397 TITLE 2—THE CONGRESS § 1847 any employee described in subparagraph (1) or subparagraph (2) of section 1841 of this title; (2) affect the continuity of employment of, or reduce the pay of, any employee holding any position referred to in subparagraph (1) of this section; or (3) modify, change, supersede, or otherwise affect the provisions of sections 5504 and 6101(a)(5) of title 5, insofar as such sections re- late to the Office of the Architect of the Cap- itol. (Pub. L. 91–510, title IV, § 484, Oct. 26, 1970, 84 Stat. 1197.) Editorial Notes CODIFICATION Section was classified to section 166b–1d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. 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. § 1845. Effect on existing law (a) All provisions of law inconsistent with sec- tions 1841 to 1846 of this title are hereby super- seded to the extent of the inconsistency. (b) Sections 5504 and 6101(a)(5) of title 5 shall apply to employees of the House and Senate Restaurants who are paid at per annum rates of pay as long as such employees are under the su- pervision of the Architect of the Capitol as an agent of the House or Senate, respectively, as the case may be. (Pub. L. 91–510, title IV, § 485, Oct. 26, 1970, 84 Stat. 1197.) Editorial Notes CODIFICATION Section was classified to section 166b–1e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. 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. § 1846. Exemptions Notwithstanding any other provision of sec- tions 1841 to 1846 of this title, the foregoing pro- visions of such sections do not apply to any em- ployee described in section 1841 of this title whose pay is fixed and adjusted— (1) in accordance with chapter 51, and sub- chapter III of chapter 53, of title 5, relating to classification and General Schedule pay rates; (2) in accordance with subchapter IV of chapter 53 of title 5, relating to prevailing rate pay systems; (3) at per hour or per diem rates in accord- ance with section 3 of the Legislative Pay Act of 1929, as amended (46 Stat. 38; 55 Stat. 615), relating to employees performing professional and technical services for the Architect of the Capitol in connection with construction projects and employees under the Office of the Architect of the Capitol whose tenure of em- ployment is temporary or of uncertain dura- tion; or (4) in accordance with prevailing rates under authority of sections 2042 to 2047 of this title, or section 208 of the First Supplemental Civil Functions Appropriation Act, 1941 (54 Stat. 1056; Public, No. 812, Seventy-sixth Congress), relating to the duties of the Architect of the Capitol with respect to the House of Rep- resentatives Restaurant. (Pub. L. 91–510, title IV, § 486, Oct. 26, 1970, 84 Stat. 1197.) Editorial Notes REFERENCES IN TEXT Section 3 of the Legislative Pay Act of 1929, referred to in par. (3), amended section 2 of the Classification Act of 1923, which was classified to section 662 of former Title 5, Executive Departments and Government Offi- cers and Employees. The Classification Act of 1923 was repealed and superseded by the Classification Act of 1949, Oct. 28, 1949, ch. 782, 63 Stat. 954, 972. The amend- ment of section 3 of the Legislative Pay Act of 1929 made by act Aug. 1, 1941, § 6, 55 Stat. 615, was not re- pealed by the Classification Act of 1949. See section 1202(7), 63 Stat. 973. Section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, referred to in par. (4), means section 208 of act Oct. 9, 1940, ch. 780, title II, 54 Stat. 1056, which was classified to section 174k of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 104–186, title II, § 221(3)(B), Aug. 20, 1996, 110 Stat. 1748. CODIFICATION Section was classified to section 166b–1f of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. 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. § 1847. Authorization to fix basic rate of com- pensation for certain positions On and after August 21, 1959, the Architect of the Capitol is authorized, without regard to chapter 51 and subchapter III of chapter 53 of title 5, to fix the compensation of four positions under the appropriation ‘‘Salaries, Office of the Architect of the Capitol’’, of two positions under the appropriation ‘‘Capitol Buildings’’, and of one position under the appropriation ‘‘House Of- fice Buildings’’ at a basic rate of $8,200 per annum each: Provided, That this provision shall not be applicable to the positions of Architect or Assistant Architect. On and after August 21, 1959, the Architect of the Capitol is authorized, without regard to Page 398 TITLE 2—THE CONGRESS § 1848 1 See References in Text note below. chapter 51 and subchapter III of chapter 53 of title 5, to fix the compensation of one position under the appropriation ‘‘Senate Office Build- ings’’, at a basic rate of $8,200 per annum. (Pub. L. 86–176, Aug. 21, 1959, 73 Stat. 407; Pub. L. 89–309, ch. VII, Oct. 31, 1965, 79 Stat. 1147; Pub. L. 90–206, title II, § 214(p), Dec. 16, 1967, 81 Stat. 638; Pub. L. 90–239, ch. IV, Jan. 2, 1968, 81 Stat. 775; Pub. L. 94–157, title I, ch. IV, Dec. 18, 1975, 89 Stat. 835; Pub. L. 101–163, title I, § 106(c), Nov. 21, 1989, 103 Stat. 1056.) Editorial Notes CODIFICATION Section was classified to section 166b–3 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. ‘‘Chapter 51 and subchapter III of chapter 53 of title 5’’ substituted for ‘‘the Classification Act of 1949, as amended’’ in text on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which en- acted Title 5, Government Organization and Employ- ees. AMENDMENTS 1989—Pub. L. 101–163 substituted ‘‘four positions’’ for ‘‘three positions’’ and ‘‘Architect or Assistant Archi- tect’’ for ‘‘Architect, Assistant Architect, or Second Assistant Architect of the Capitol’’. 1975—Pub. L. 94–157 increased to two positions from one position the number of positions under the appro- priation ‘‘Capitol Buildings’’. 1968—Pub. L. 90–239 increased the compensation of one position under appropriation ‘‘Senate Office Build- ings’’ from ‘‘$7,700’’ to ‘‘$8,200’’. 1967—Pub. L. 90–206 increased the compensation from $7,700 to $8,200 per annum each of the three positions under the appropriation ‘‘Salaries, Office of the Archi- tect of the Capitol’’, of one position under the appro- priation ‘‘Capitol Buildings’’, and of one position under the appropriation ‘‘House Office Buildings’’. 1965—Pub. L. 89–309 increased the compensation of one position under appropriation ‘‘Senate Office Build- ings’’ from $7,020 to $7,700. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–206 effective as of begin- ning of first pay period which begins on or after Oct. 1, 1967, see section 220(a)(2) of Pub. L. 90–206, set out as a note under section 5332 of Title 5, Government Organi- zation and Employees. § 1848. Compensation of certain positions in Of- fice of Architect of the Capitol (a) Amount of compensation to be that specified in appropriations Acts Notwithstanding any other provision of law, the pay for positions described in subsection (b) shall be the amounts specified for such positions in appropriations Acts. (b) Positions covered The positions referred to in subsection (a) are— (1) the position of assistant referred to in the proviso in the first undesignated paragraph under the center subheadings ‘‘OFFICE OF THE ARCHITECT OF THE CAPITOL’’ and ‘‘SALARIES’’ in the first section of the Legislative Branch Ap- propriation Act, 1971 [2 U.S.C. 1804],1 and (2) the eight positions provided for in the third and fourth undesignated paragraphs under the center subheadings ‘‘OFFICE OF THE ARCHITECT OF THE CAPITOL’’ and ‘‘SALARIES’’ in the first section of the Legislative Branch Ap- propriation Act, 1960 [2 U.S.C. 1847]. (c) Calculation of amounts The pay for each position described in sub- section (b) shall be the pay payable for such po- sition with respect to the last pay period before this section takes effect, subject to any applica- ble adjustment during fiscal year 1988 under, or by reference to any applicable adjustment dur- ing fiscal year 1988 under, subchapter I of chap- ter 53 of title 5. (d) Effective date This section shall apply in fiscal years begin- ning after September 30, 1987, with respect to pay periods beginning after December 22, 1987. (Pub. L. 100–202, § 101(i) [title III, § 308], Dec. 22, 1987, 101 Stat. 1329–290, 1329–309; Pub. L. 101–163, title I, § 106(e), Nov. 21, 1989, 103 Stat. 1057.) Editorial Notes REFERENCES IN TEXT The first undesignated paragraph under the center subheadings ‘‘OFFICE OF THE ARCHITECT OF THE CAP- ITOL’’ and ‘‘SALARIES’’ in the first section of the Legis- lative Branch Appropriation Act, 1971, referred to in subsec. (b)(1), was classified to section 1804 of this title prior to repeal by Pub. L. 118–31, div. E, title LVII, § 5704(d), Dec. 22, 2023, 137 Stat. 962. See section 1805a of this title. CODIFICATION Section was classified to section 166b–3a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 1989—Subsec. (b). Pub. L. 101–163 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘The positions referred to in subsection (a) of this section are: (1) the two positions of assistant referred to in the proviso in the first undesignated paragraph under the center subheadings ‘OFFICE OF THE ARCHITECT OF THE CAPITOL’ and ‘SALARIES’ in the Legislative Branch Appropriation Act, 1971 (40 U.S.C. 164a), and (2) the seven positions provided for in the third and fourth undesignated paragraphs under the center subheadings ‘OFFICE OF THE ARCHITECT OF THE CAPITOL’ and ‘SALA- RIES’ in the Legislative Branch Appropriation Act, 1960 (40 U.S.C. 166b–3).’’ Statutory Notes and Related Subsidiaries COMPENSATION OF ASSISTANT ARCHITECT OF THE CAPITOL Pub. L. 108–7, div. H, title I, § 1206, Feb. 20, 2003, 117 Stat. 375, provided that: ‘‘Notwithstanding any other provision of law, the compensation of the Assistant Ar- chitect who is incumbent in that position when the po- sition of Assistant Architect is abolished shall not be reduced so long as the former Assistant Architect is employed at the Office of the Architect of the Capitol. Whenever the Architect of the Capitol receives a pay adjustment after the date of enactment of this section [Feb. 20, 2003], the compensation of such former Assist- ant Architect shall be adjusted by the same percentage as the compensation of the Architect of the Capitol. The authority granted in this section shall be in addi- tion to the authority the Architect of the Capitol has