§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;
(B) in the case of such personnel appointed to positions for which the rates of pay for the particular positions were fixed by or pursuant to law at specific rates on the day before the effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020, adjust such rates; and
(C) in the case of such personnel appointed to positions for which the maximum rates of pay for the particular positions were fixed by or pursuant to law on the day before such effective date, adjust such maximum rates; and
(2) adjust any limitation or allowance applicable to such personnel;
by percentages which are equal or equivalent, insofar as practicable, 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, subject to section 4575(f) of this title. 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) 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).
(e) For purposes of this section, the term "personnel" does not include any Senator.
(
Editorial Notes
References in Text
The effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020, referred to in subsec. (a), is the effective date of section 212 of div. E of
Section 3(c) of this Act, referred to in subsec. (a), is section 3(c) of
Codification
Section was formerly classified to section 60a–1 of this title prior to editorial reclassification and renumbering as this section.
Amendments
2022-Subsec. (a).
Subsecs. (d) to (f).
2019-Subsec. (a).
Subsec. (a)(1)(B), (C).
Subsec. (d).
2000-Subsec. (a).
Subsecs. (e), (f).
1990-Subsec. (a).
1987-Subsec. (a).
Subsec. (d).
1975-Subsec. (d).
1972-Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Effective Date of 2019 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1987 Amendment
Effective Date of 1972 Amendment
Amendment by
Order of the President Pro Tempore of the United States Senate
December 28, 2022
By virtue of the authority vested in me by section 4 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 4571) and section 212(a)(1)(B) of the Legislative Branch Appropriations Act, 2020 (2 U.S.C. 4575a), and the amendments made by section 213 of division I of the Consolidated Appropriations Act, 2022 [
it is hereby-
Ordered,
definitions
(1) the term "employee" includes an officer (other than a United States Senator); and
(2) pursuant to the authority under the amendments made by section 213 of division I of the Consolidated Appropriations Act, 2022, the term "annual rate for level II" means the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5, United States Code, including any adjustment to such rate after the date of this Order [Dec. 28, 2022].
rate of pay for statutory employees
(b) The annual rates of compensation of the Secretary for the Majority and the Secretary for the Minority shall each be equal to the annual rate for level II.
(c) The annual rates of compensation of the Deputy Legislative Counsel and the Senior Counsels in the Office of the Legislative Counsel shall each be equal to, 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 not exceed, the annual rate for level II.
chaplain's office
offices of senate
(1) The Vice President, for any employee under his or her jurisdiction.
(2) The President pro tempore, for any employee under his or her jurisdiction.
(3) 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).
(4) The Majority Whip and the Minority Whip, for any employee under their respective jurisdictions.
(5) The Secretary of the Conference of the Majority and the Secretary of the Conference of the Minority, for any employee under their respective jurisdictions.
(6) The Secretary of the Senate, for any employee under his or her jurisdiction (subject to the provisions of section 2(c) of this Order).
(7) The Sergeant at Arms and Doorkeeper, for any employee under his or her jurisdiction.
(8) The Chaplain, for any employee under his or her jurisdiction.
(9) The Legislative Counsel, subject to the approval of the President pro tempore, for any employee under his or her jurisdiction (other than the Deputy Legislative Counsel and the Senior Counsels).
(10) The Senate Legal Counsel, for any employee under his or her jurisdiction.
(11) The Secretary for the Majority and the Secretary for the Minority, for any employee under their respective jurisdictions.
(12) The appointing authority of any Senate entity not referred to under paragraphs (1) through (11), for any employee under its jurisdiction.
(b) 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 annual rate for level II.
committee staffs
(b) The maximum annual rate of compensation for an employee described in subsection (a) shall be the annual rate for level II.
senators' offices
(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 December 31, 2022, increased by an additional 4.86 percent.
(c)(1) The figure "$3,293" referred to in the second sentence of section 105(d)(2) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 4575(d)(2)) (as provided in section 6(c) of the Order of the President pro tempore of March 15, 2022) shall be deemed to be the figure "$3,454".
(2) The maximum annual rate of compensation for an employee described in subsection (a) shall be the annual rate for level II.
(d) The amount referred to under section 111(a) of the Legislative Branch Appropriation Act, 1978 [
general limitation
(b) The maximum annual rate of compensation for an employee described in section 105(f) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 4575(f)) shall be the annual rate for level II.
notifying disbursing office of increases
dual compensation
office of the senate legal counsel
(b) The annual rate of compensation of the Deputy Senate Legal Counsel shall be equal to the annual rate for level II.
(c) The maximum annual rate of compensation of each Assistant Senate Legal Counsel may not at any time exceed the annual rate for level II.
effective date
Patrick Leahy
President pro tempore
Prior Orders of the President pro tempore of the Senate were issued on the following dates:
Mar. 15, 2022, eff. Jan. 1, 2022.
Jan. 5, 2021, eff. Jan. 1, 2021.
Jan. 6, 2020, eff. Jan. 1, 2020.
Apr. 1, 2019, eff. Jan. 1, 2019.
Mar. 23, 2018, eff. Jan. 1, 2018.
May 5, 2017, eff. Jan. 1, 2017.
Dec. 28, 2015, eff. Jan. 1, 2016.
Dec. 23, 2014, eff. Jan. 1, 2015.
Jan. 27, 2014, eff. Jan. 1, 2014.
Jan. 5, 2010, eff. Jan. 1, 2010.
Mar. 12, 2009, eff. Jan. 1, 2009.
Jan. 7, 2008, eff. Jan. 1, 2008.
Feb. 16, 2007, eff. Jan. 1, 2007.
Jan. 4, 2006, eff. Jan. 1, 2006.
Jan. 3, 2005, eff. Jan. 1, 2005.
Mar. 5, 2004, eff. Jan. 1, 2004.
Dec. 15, 2003, eff. Jan. 1, 2004.
Dec. 19, 2002, as amended Mar. 27, 2003, eff. Jan. 1, 2003.
Dec. 20, 2001, eff. Jan. 1, 2002.
Dec. 20, 2000, eff. Jan. 1, 2001.
Dec. 12, 1999, eff. Jan. 1, 2000.
Dec. 16, 1998, eff. Jan. 1, 1999.
Dec. 19, 1997, eff. Jan. 1, 1998.
Dec. 18, 1996, eff. Jan. 1, 1997.
Dec. 28, 1994, eff. Jan. 1, 1995.
Dec. 17, 1992, eff. Jan. 1, 1993.
Dec. 18, 1991, eff. Jan. 1, 1992.
Dec. 20, 1990, eff. Jan. 1, 1991.
Dec. 21, 1989, eff. Jan. 1, 1990.
Dec. 9, 1988, eff. Jan. 1, 1989.
Jan. 4, 1988, eff. Jan. 1, 1988.
Dec. 19, 1986, eff. Jan. 1, 1987.
Jan. 4, 1985, eff. Jan. 1, 1985.
Dec. 20, 1983, amended May 2, 1987, eff. Jan. 1, 1984.
Oct. 1, 1982, eff. Oct. 1, 1982; Cong. Rec., vol. 128, pt. 20, p. 26968.
Oct. 5, 1981, amended Dec. 15, 1981, eff. Jan. 1, 1981; Cong. Rec., vol. 127, pt. 19, p. 24991.
Oct. 1, 1980, eff. Oct. 1, 1980; Cong. Rec., vol. 126, pt. 25, p. 34376.
Oct. 13, 1979, eff. Oct. 1, 1979; Cong. Rec., vol. 125, pt. 22, p. 28404.
Oct. 9, 1978, eff. Oct. 1, 1978; Cong. Rec., vol. 124, pt. 28, p. 37837.
Sept. 29, 1977, eff. Oct. 1, 1977.
Oct. 8, 1976, eff. Oct. 1, 1976; Cong. Rec., vol. 123, pt. 3, p. 3784.
Oct. 2, 1975, eff. Oct. 1, 1975; Cong. Rec., vol. 121, pt. 27, p. 34398.
Oct. 7, 1974, eff. Oct. 1, 1975; Cong. Rec., vol. 120, pt. 27, p. 36717.
Oct. 4, 1973, eff. Oct. 1, 1973.
Dec. 16, 1972, eff. Jan. 1, 1973; Cong. Rec., vol. 119, pt. 1, p. 674.
Dec. 23, 1971, eff. Jan. 1, 1972; Cong. Rec., vol. 118, pt. 1, p. 235.
Jan. 15, 1971, eff. Feb. 1, 1971; Cong. Rec., vol. 117, pt. 1, p. 770.
Apr. 15, 1970, eff. Jan. 1, and May 1, 1970; Cong. Rec., vol. 116, pt. 9, p. 11860.
June 17, 1969, eff. July 1, 1969; Cong. Rec., vol. 115, pt. 12, p. 16103.
June 12, 1968, eff. July 1, 1968; Cong. Rec., vol. 114, pt. 13, p. 16890.
Increase in Compensation of Officers of Senate; Limitations on Basic and Gross Compensation-1966
"(g) Notwithstanding the provision referred to in subsection (h), the rates of gross compensation of the Secretary for the Majority of the Senate, the Secretary for the Minority of the Senate, the Chief Reporter of Debates of the Senate, the Parliamentarian of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, the Chief Clerk of the Senate, the Chaplain of the Senate, and the Postmaster and Assistant Postmaster of the Senate are hereby increased by 2.9 per centum.
"(h) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended (
Increase in Compensation of Officers of Senate; Limitations on Basic and Gross Compensation-1965
"(g) Notwithstanding the provision referred to in subsection (h), the rates of gross compensation of the Secretary for the Majority of the Senate, the Secretary for the Minority of the Senate, the Chief Reporter of Debates of the Senate, the Parliamentarian of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, the Chief Clerk of the Senate, the Chaplain of the Senate, and the Postmaster and Assistant Postmaster of the Senate are hereby increased by 3.6 per centum.
"(h) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended (
Increase in Compensation of Officers of Senate; Limitations on Basic and Gross Compensation-1964
"(f) Notwithstanding the provision referred to in subsection (g), the rates of gross compensation of the Secretary for the Majority of the Senate, the Secretary for the Minority of the Senate, the Official Reporters of Debates of the Senate, the Parliamentarian of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, and the Chief Clerk of the Senate are hereby increased by an amount which is equal to the amount of the increase which would be provided by subsection (a) of this section [former section 60e–11 of this title] in that gross rate determined without regard to the provisions referred to in subsection (g) of this section which is nearest in amount to the total annual compensation of such officer or employee.
"(g) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended (
Increase in Compensation of Officers of Senate; Limitations on Basic and Gross Compensation-1962
"(c) Notwithstanding the provision referred to in subsection (d), the rates of gross compensation of the elected officers of the Senate (except the Presiding Officer of the Senate), the Legislative Counsel of the Senate, the Official Reporters of Debates of the Senate, the Parliamentarian of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, and the Chief Clerk of the Senate are hereby increased by 7 per centum.
"(d) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended (
" '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.' " [The paragraph in the Legislative Appropriation Act, 1956, referred to above, was repealed by
Increase in Compensation of Officers of Senate; Limitations on Basic and Gross Compensation-1960
"(c) Notwithstanding the provision referred to in subsection (d), the rates of gross compensation of each of the elected officers of the Senate (except the Presiding Officer of the Senate), the Parliamentarian of the Senate, the Legislative Counsel of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, and the Chief Clerk of the Senate are hereby increased by 7.5 per centum.
"(d) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956 (
" '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.' " [Prior to this amendment "$8,880" and "$17,525" were, respectively, "$8,880" and "$16,300" per annum.] [The paragraph in the Legislative Appropriation Act, 1956, referred to above was repealed by
Increase in Compensation of Officers of Senate; Limitations on Basic and Gross Compensation-1958
"(c) Notwithstanding the provision referred to in subsection (d), the rates of gross compensation of each of the elected officers of the Senate (except the presiding officer of the Senate), the Parliamentarian of the Senate, the Legislative Counsel of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, and the Chief Clerk of the Senate are hereby increased by 10 per centum.
"(d) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956 (
" '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.' " [Prior to this amendment "$8,880" and "$16,300" were, respectively, "$8,820" and "$14,800" per annum.] [The paragraph in the Legislative Appropriation Act, 1956, referred to above, was repealed by
Increase in Compensation of Officers of Senate and House-1955
Act June 28, 1955, ch. 189, §4(c),
Increase in Compensation of Officers of Senate and House-1951
Act Oct. 24, 1951, ch. 554, §2(e),
Increase in Compensation of Officers of Senate and House-1949
Act Oct. 28, 1949, ch. 783, title I, §101(d),