 |
United States Code (Last Updated: May 24, 2014) |
 |
Title 2. THE CONGRESS |
|
Chapter 45. CONGRESSIONAL PAY AND BENEFITS |
|
SubChapter III. SENATE |
|
Part A. Amount and Type |
§ 4571. Senate pay adjustments; action by President pro tempore of Senate
-
(a) Each time the President adjusts the rates of pay of employees under section 5303 of title 5 (or section 5304 or 5304a of such title, as applied to employees employed in the pay locality of the Washington, D.C.-Baltimore, Maryland consolidated metropolitan statistical area) the President pro tempore of the Senate shall, as he considers appropriate— (1) (A) adjust the rates of pay of personnel whose pay is disbursed by the Secretary of the Senate, and any minimum or maximum rate applicable to any such personnel; or (B) in the case of such personnel whose rates of pay are fixed by or pursuant to law at specific rates, adjust such rates (including the adjustment of such specific rates to maximum pay rates) and, in the case of all other personnel whose pay is disbursed by the Secretary of the Senate, adjust only the minimum or maximum rates applicable to such other personnel; and (2) adjust any limitation or allowance applicable to such personnel; by percentages which are equal or equivalent, insofar as practicable and with such exceptions as may be necessary to provide for appropriate pay relationships between positions, to the percentages of the adjustments made by the President under such section 5303 (and, as the case may be, section 5304 or 5304a of such title, as applied to employees employed in the pay locality of the Washington, D.C.-Baltimore, Maryland consolidated metropolitan statistical area) for corresponding rates of pay for employees subject to the General Schedule contained in section 5332 of such title and adjust the rates of such personnel by such amounts as necessary to restore the same pay relationships that existed on December 31, 1986 , between personnel and Senators and between positions. Such rates, limitations, and allowances adjusted by the President pro tempore shall become effective on the first day of the month in which any adjustment becomes effective under such section 5303 or section 3(c) of this Act.(b) The adjustments made by the President pro tempore shall be made in such manner as he considers advisable and shall have the force and effect of law. (c) Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action. (d) No rate of pay shall be adjusted under the provisions of this section to an amount in excess of the rate of basic pay for level III of the Executive Schedule contained in section 5314 of title 5, except in cases in which it is necessary to restore and maintain the same pay relationships that existed on December 31, 1986 , between personnel and Senators and between positions.(e) Any percentage used in any statute specifically providing for an adjustment in rates of pay in lieu of an adjustment made under section 5303 of title 5 and, as the case may be, section 5304 or 5304a of such title for any calendar year shall be treated as the percentage used in an adjustment made under such section 5303, 5304, or 5304a, as applicable, for purposes of subsection (a). (f) For purposes of this section, the term “personnel” does not include any Senator.
References In Text
Section 3(c) of this Act, referred to in subsec. (a), is section 3(c) of Pub. L. 91–656, which is set out as a note under section 5303 of Title 5, Government Organization and Employees.
Codification
Section was formerly classified to section 60a–1 of this title prior to editorial reclassification and renumbering as this section.
Amendments
2000—Subsec. (a). Pub. L. 106–554, § 1(a)(2) [title I, § 2(1)], in introductory provisions, inserted “(or section 5304 or 5304a of such title, as applied to employees employed in the pay locality of the Washington, D.C.-Baltimore, Maryland consolidated metropolitan statistical area)” after “employees under section 5303 of title 5” and in concluding provisions, inserted “(and, as the case may be, section 5304 or 5304a of such title, as applied to employees employed in the pay locality of the Washington, D.C.-Baltimore, Maryland consolidated metropolitan statistical area)” after “the President under such section 5303”.
Subsecs. (e), (f). Pub. L. 106–554, § 1(a)(2) [title I, § 2(2), (3)], added subsec. (e) and redesignated former subsec. (e) as (f).
1990—Subsec. (a). Pub. L. 101–509 substituted “5303” for “5305” wherever appearing.
1987—Subsec. (a). Pub. L. 100–202, § 101(i) [title III, § 311(a)], inserted requirement that rates of personnel be adjusted by such amounts as necessary to restore same pay relationships that existed on
Subsec. (d). Pub. L. 100–202, § 101(i) [title III, § 311(b)], inserted exception for cases in which it is necessary to restore and maintain same pay relationships that existed on
1975—Subsec. (d). Pub. L. 94–82 substituted “level III” for “level V”, and “section 5314 of title 5” for “section 5316 of title 5.”
1972—Subsec. (a). Pub. L. 92–298 and Pub. L. 92–392 made identical amendments by substituting “first day of the month in which any adjustment becomes effective” for “first day of the first pay period which begins on or after the day on which any adjustment becomes effective” in last sentence.
Effective Date Of 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
Pub. L. 100–202, § 101(i) [title III, § 311(c)],
Amendment by Pub. L. 92–392 effective on first day of first applicable pay period beginning on or after 90th day after
Miscellaneous
By virtue of the authority vested in me by section 4 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 60a–1) [now 2 U.S.C. 4571] in order—
(1) to provide (subject to the provisions of section 704 of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note; Public Law 101–194) and the amendments made by such section [amending section 4501 of this title, section 104 of Title 3, The President, section 5318 of Title 5, Government Organization and Employees, and section 461 of Title 28, Judiciary and Judicial Procedure]) increases in the annual rates of compensation for officers and employees of the Senate that are comparable to the increases in rates of pay under the General Schedule taking effect on
(2) to provide (subject to such provisions of law) for the restoration of, and to maintain in effect, the same pay relationships that existed on
it is hereby—
Ordered,
Section 1. For purposes of this Order, the term “employee” includes an officer (other than a United States Senator).
Sec. 2. (a) The annual rates of compensation of the Secretary of the Senate, the Sergeant at Arms and Doorkeeper, and the Legislative Counsel shall each be $172,500.
(b) The annual rates of compensation of the Secretary for the Majority and the Secretary for the Minority shall each be $171,934.
(c) The annual rates of compensation of the Deputy Legislative Counsel and the Senior Counsels in the Office of the Legislative Counsel and the maximum annual rates of compensation for the Assistant Secretary of the Senate, the Parliamentarian, the Financial Clerk, the Assistant to the Majority Leader for Floor Operations, the Assistant to the Minority Leader for Floor Operations, the Chief of Staff for the Majority Leader, and the Chief of Staff for the Minority Leader shall each be $171,315.
Sec. 3. The annual rate of compensation of the Chaplain is equal to the annual rate of pay provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code, except that such annual rate of compensation may not at any time exceed the rate equal to the difference between the annual rate of compensation for a position referred to in section 2(a) and $11,713.
Sec. 4. (a) The following individuals are authorized to increase the annual rates of compensation of the employees specified, subject to applicable limitations adjusted by this Order:
(1) The Vice President, for any employee under his jurisdiction.
(2) The President pro tempore, for any employee under his jurisdiction.
(3) The Deputy President pro tempore, for any employee under his jurisdiction.
(4) The Majority Leader and the Minority Leader, for any employee under their respective jurisdictions (subject, in the case of the Assistant to the Majority Leader for Floor Operations, the Assistant to the Minority Leader for Floor Operations, the Chief of Staff for the Majority Leader, and the Chief of Staff for the Minority Leader, respectively, to the provisions of section 2(c) of this Order).
(5) The Majority Whip and the Minority Whip, for any employee under their respective jurisdictions.
(6) The Secretary of the Conference of the Majority and the Secretary of the Conference of the Minority, for any employee under their respective jurisdictions.
(7) The Secretary of the Senate, for any employee under his jurisdiction (subject to the provisions of section 2(c) of this Order).
(8) The Sergeant at Arms and Doorkeeper, for any employee under his jurisdiction.
(9) The Chaplain, for any employee under his jurisdiction.
(10) The Legislative Counsel, subject to the approval of the President pro tempore, for any employee under his jurisdiction (other than the Deputy Legislative Counsel and the Senior Counsels).
(11) The Senate Legal Counsel, for any employee under his jurisdiction (subject to the provisions of section 701(b) of the Ethics in Government Act of 1978 (2 U.S.C. 288(b))).
(12) The Secretary for the Majority and the Secretary for the Minority, for any employee under their respective jurisdictions.
(13) The appointing authority of any Senate entity not referred to under paragraphs (1) through (12) for any employee under its jurisdiction.
(b) Except for those officers and employees referred to in section 2 of this Order, no officer or employee within the Office of the Secretary of the Senate and no officer or employee within the Office of the Sergeant at Arms and Doorkeeper shall, for any period of time, be paid gross compensation at an annual rate which is in excess of the maximum prescribed in section 105(f) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61–1(f)) [now 2 U.S.C. 4575(f)] (as such rate is adjusted in section 7(b) of this order).
Sec. 5. (a) Subject to the provisions of section 105 of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61–1) [now 2 U.S.C. 4575] (as modified by this Order), and to the other provisions of this Order, the chairman of any standing, special, or select committee of the Senate (including the majority and minority policy committees and the conference majority and the conference minority of the Senate), and the chairman of any joint committee of the Congress whose funds are disbursed by the Secretary of the Senate, are each authorized to increase the annual rate of compensation of any employee of the committee, or any subcommittee thereof, of which he is chairman, subject to applicable limitations adjusted by this Order.
(b) The maximum annual rate of “$171,315” referred to in section 105(e) of the Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61–1(e)) [now 2 U.S.C. 4575(e)] (as provided for in section 5(b) of the Order of the President pro tempore of
Sec. 6. (a) Subject to the provisions of section 105 of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61–1) [now 2 U.S.C. 4575], as modified by this Order, and to the other provisions of this Order, each Senator is authorized to increase the annual rate of compensation of any employee in his office, subject to applicable limitations adjusted by this Order.
(b) Each of the dollar amounts contained in the table under section 105(d)(1)(A) of such Act shall be deemed to be the dollar amounts in that table, as adjusted by law and in effect on
(c) The figures “$2,742” and “$169,459” referred to in the second sentence of section 105(d)(2) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61–1(d)(2)) [now 2 U.S.C. 4575(d)(2)] (as provided in section 6(c) of the Order of the President pro tempore of
(d) The amount referred to under section 111(a) of the Legislative Branch Appropriation Act, 1978 [Pub. L. 95–94] (2 U.S.C. 61–1 note) [now 2 U.S.C. 4575 note], as amended by section 1 of the Legislative Branch Appropriations Act, 1993 (Public Law 102–392; 106 Stat. 1706) shall be $508,377.
Sec. 7. (a) The figure “$2,742” referred to in section 105(f) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61–1(f)) [now 2 U.S.C. 4575(f)] (as provided in section 7(a) of the Order of the President pro tempore of
(b) The maximum annual rate of compensation of “$169,459” appearing in section 105(f) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61–1(f)) [now 2 U.S.C. 4575(f)] (as provided for in section 7(b) of the Order of the President pro tempore of
Sec. 8. In order for an employee to receive the increase in his annual rate of compensation pursuant to section 4, 5, or 6, the individual designated to authorize such increases for that employee shall notify the Disbursing Office of the Senate in writing that he authorizes such increase for that employee and the date (prescribed in accordance with section 105(a)(2) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61–1(a)(2)) [now 2 U.S.C. 4575(a)(2)]) on which such increase is to be effective. Such increase shall become effective as provided in section 105(a)(2) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61–1(a)(2)) [now 2 U.S.C. 4575(a)(2)], except that if the notice required by the preceding sentence is given within five days (not counting Saturdays, Sundays, or holidays) after the date on which this Order is issued, such increase may become effective on
Sec. 9. The figure “$33,003” referred to in section 5533(c)(1) of title 5, United States Code (as provided in section 9 of the Order of the President pro tempore of
Sec. 10. (a) The annual rate of compensation of the Senate Legal Counsel shall be $172,500.
(b) The annual rate of compensation of the Deputy Senate Legal Counsel shall be $171,200.
(c) The maximum annual rate of compensation of each Assistant Senate Legal Counsel may not at any time exceed the rate equal to the difference between the annual rate of compensation for a position referred to in section 2(a) and $4,900.
Sec. 11. Sections 1 through 10 of this Order are effective on and after
President pro tempore
Prior Orders of the President pro tempore of the Senate were issued on the following dates:
Pub. L. 89–504, title III, § 302(g), (h),
Pub. L. 89–301, § 11(g), (h),
Pub. L. 88–426, title II, § 202(f), (g),
Pub. L. 87–793, title VI, § 1005(c), (d), “ ‘No officer or employee whose compensation is disbursed by the Secretary of the Senate shall be paid basic compensation at a rate in excess of $8,880 per annum, or gross compensation at a rate in excess of $18,880 per annum, unless expressly authorized by law.’ ”
Pub. L. 86–568, title I, § 117(c), (d), “ ‘No officer or employee whose compensation is disbursed by the Secretary of the Senate shall be paid basic compensation at a rate in excess of $8,880 per annum, or gross compensation at a rate in excess of $17,525 per annum, unless expressly authorized by law.’ ”
Pub. L. 85–462, § 4(c), (d), “ ‘No officer or employee, whose compensation is disbursed by the Secretary of the Senate shall be paid basic compensation at a rate in excess of $8,880 per annum, or gross compensation at a rate in excess of $16,300 per annum, unless expressly authorized by law.’ ”
Act June 28, 1955, ch. 189, § 4(c), 69 Stat. 176, provided that:
Act Oct. 24, 1951, ch. 554, § 2(e), 65 Stat. 614, provided that:
Act Oct. 28, 1949, ch. 783, title I, § 101(d), 63 Stat. 974, provided that: