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2 U.S.C. § 364Provision relating to certain other pay adjustments

submitted 37 years ago by Pub. L. 90-206 to r/title-2-THE-CONGRESS · 201 words · no verdicts yet

in plain englishAI-generated · not legal advice

A law raising pay for certain federal offices covered by section 356 cannot take effect until the next Congress begins. A pay law passed in the lame-duck period after a November election counts as passed by the next Congress's first session. This rule does not apply to pay raises that already take effect automatically under other listed provisions.

(1) Any law that raises the pay rate for an office or position covered by subparagraph (A), (B), (C), or (D) of section 356 of this title cannot take effect before the next Congress begins, after the Congress that passed it. (2) For this section's purposes, a law passed between the Tuesday after the first Monday of November in an even-numbered year and the following January 3 at noon counts as passed during the first session of the next Congress, not the one still in office when it was signed. (3) This section does not apply to a pay increase that: (A) takes effect automatically under the earlier sections of this chapter; (B) is based on, or replaces an adjustment based on, a change in the Employment Cost Index as described in section 704(a)(1) of the Ethics Reform Act of 1989; or (C) takes effect under section 702 or 703 of the Ethics Reform Act of 1989.
the actual law source: uscode.house.gov ↗public domain
(1)

A provision of law increasing the rate of pay payable for an office or position within the purview of subparagraph (A), (B), (C), or (D) of section 356 of this title shall not take effect before the beginning of the Congress following the Congress during which such provision is enacted.

(2)

For purposes of this section, a provision of law enacted during the period beginning on the Tuesday following the first Monday of November of an even-numbered year of any Congress and ending at noon on the following January 3 shall be considered to have been enacted during the first session of the following Congress.

(3)

Nothing in this section shall be considered to apply with respect to any pay increase—

(A)

which takes effect under the preceding sections of this chapter;

(B)

which is based on a change in the Employment Cost Index (as determined under section 704(a)(1) of the Ethics Reform Act of 1989) or which is in lieu of any pay adjustment which might otherwise be made in a year based on a change in such index (as so determined); or

(C)

which takes effect under section 702 or 703 of the Ethics Reform Act of 1989.

Source credit: (Pub. L. 90–206, title II, § 225(n), as added Pub. L. 101–194, title VII, § 701(k), Nov. 30, 1989, 103 Stat. 1767.)

history & why it existsrecord from the source credit
  • 1989Enacted · Pub. L. 90-206 · 103 Stat. 1767

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-206 on 1989-11-30.

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