2 U.S.C. § 1848 — Compensation of certain positions in Of-

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 Page 399 TITLE 2—THE CONGRESS § 1849 in section 129(c)(1)(A) of the Legislative Branch Appro- priations Act, 2002 [amending 2 U.S.C. 1849], as amended by this Act [see former 2 U.S.C. 1805(e)(3)], to fix the rate of basic pay for not more than 15 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 local- ity involved.’’ Pub. L. 107–68, title I, § 129(b), Nov. 12, 2001, 115 Stat. 580, provided that: ‘‘Pursuant to the authority de- scribed in section 308(a) of the Legislative Branch Ap- propriations Act, 1988 (40 U.S.C. 166b–3a(a)) [now 2 U.S.C. 1848(a)], the pay for the position of assistant re- ferred to in the proviso in the first undesignated para- graph under the center subheadings ‘Office of the Ar- chitect of the Capitol’ and ‘salaries’ in the first section of the Legislative Branch Appropriation Act, 1971 (40 U.S.C. 164a) [now 2 U.S.C. 1804] shall be an amount equal to $1,000 less than the annual rate of pay for the Architect of the Capitol.’’ § 1849. Compensation of certain positions under jurisdiction of Architect of the Capitol 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 sub- chapter VIII of chapter 53 of title 5 for the local- ity involved. (Pub. L. 101–520, title I, § 108, Nov. 5, 1990, 104 Stat. 2268; Pub. L. 102–90, title I, § 104, Aug. 14, 1991, 105 Stat. 459; Pub. L. 105–55, title III, § 311(a), (b), Oct. 7, 1997, 111 Stat. 1201; Pub. L. 107–68, title I, § 129(c)(1), Nov. 12, 2001, 115 Stat. 580; Pub. L. 107–117, div. B, § 914(a), Jan. 10, 2002, 115 Stat. 2324; Pub. L. 109–55, title I, § 1201(a), Aug. 2, 2005, 119 Stat. 579; Pub. L. 111–316, § 1(a), Dec. 18, 2010, 124 Stat. 3452.) 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, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2010—Pub. L. 111–316 amended section generally. Prior to amendment, section related to compensation of cer- tain positions under jurisdiction of Architect of the Capitol, specifying twelve positions fixed in relation to Senior Executive Service, nine positions fixed in rela- tion to the General Schedule, and four positions for Ex- ecutive Project Directors. 2005—Subsec. (b). Pub. L. 109–55 substituted ‘‘9 posi- tions’’ 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 ap- plicable 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.’’ Subsecs. (b), (c). Pub. L. 107–68, § 129(c)(1), redesig- nated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: ‘‘(1) Effective beginning with any pay period begin- ning 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 in- volved; 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 Build- ings. ‘‘(G) The Superintendent of the House Office Build- ings. ‘‘(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 max- imum 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), sub- stituted ‘‘the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the lo- cality 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), sub- stituted ‘‘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 Sen- ior 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 re- spect 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. EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–55, title I, § 1201(b), Aug. 2, 2005, 119 Stat. 579, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to pay periods beginning on or after the date of the enactment of this Act [Aug. 2, 2005].’’ EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–117, div. B, § 914(b), Jan. 10, 2002, 115 Stat. 2324, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to pay periods beginning on or after October 1, 2001.’’ EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–68, title I, § 129(c)(2), Nov. 12, 2001, 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 expira-