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2 U.S.C. § 4571 — Senate pay adjustments; action by President pro tempore of Senate

submitted 55 years ago by Pub. L. 91-656 to r/title-2-THE-CONGRESS · 443 words · no verdicts yet

in plain englishAI-generated · not legal advice

When the President adjusts specified Executive Schedule or locality pay rates, the President pro tempore must, as appropriate, make equivalent practical adjustments for personnel paid by the Secretary of the Senate. The adjustments also cover related limits and allowances and have the force of law.

(a) Each time the President adjusts employee pay rates under 5 U.S.C. § 5303, or under 5 U.S.C. § 5304 or § 5304a as applied to employees in the Washington, D.C.-Baltimore, Maryland consolidated metropolitan statistical area, the President pro tempore of the Senate must, as considered appropriate—(1)(A) adjust the pay rates of personnel paid by the Secretary of the Senate and any minimum or maximum rate for them; (B) adjust the rates for such personnel in positions whose specific rates were fixed by or under law on the day before the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020 took effect; and (C) adjust the maximum rates for such personnel in positions whose maximum rates were fixed by or under law on that day; and (2) adjust any limit or allowance applicable to such personnel. The percentages must be equal or equivalent, as far as practicable, to the percentages used by the President for corresponding General Schedule rates under 5 U.S.C. § 5332. The adjustments are subject to 2 U.S.C. § 4575(f). They take effect on the first day of the month in which an adjustment under section 5303 or section 3(c) of the Act takes effect.

(b) The President pro tempore may make these adjustments in the manner considered advisable. They have the force and effect of law.

(c) This section does not reduce any authority under which pay rates may be fixed by administrative action.

(d) A percentage that a statute specifically uses for a calendar-year pay adjustment instead of an adjustment under 5 U.S.C. § 5303, § 5304, or § 5304a must be treated as the percentage used for the applicable adjustment under those sections for subsection (a).

(e) “Personnel” does not include a Senator. This section does not define “administrative action.”

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 91–656, § 4, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 92–298, § 3(a), May 17, 1972, 86 Stat. 146; Pub. L. 92–392, § 14(a), Aug. 19, 1972, 86 Stat. 575; Pub. L. 94–82, title II, § 204(d), Aug. 9, 1975, 89 Stat. 422; Pub. L. 100–202, § 101(i) [title III, § 311(a), (b)], Dec. 22, 1987, 101 Stat. 1329–290, 1329–310; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(4)(E)], Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. L. 106–554, § 1(a)(2) [title I, § 2], Dec. 21, 2000, 114 Stat. 2763, 2763A–96; Pub. L. 116–94, div. E, title II, § 212(a)(2)(A), Dec. 20, 2019, 133 Stat. 2774; Pub. L. 117–103, div. I, title II, § 213(a)(2)(A), Mar. 15, 2022, 136 Stat. 527.)

history & why it existsrecord from the source credit
  • 1971Enacted · Pub. L. 91-656 · 84 Stat. 1952
  • 1972Amended · Pub. L. 92-298 · 86 Stat. 146
  • 1972Amended · Pub. L. 92-392 · 86 Stat. 575
  • 1975Amended · Pub. L. 94-82 · 89 Stat. 422
  • 1987Amended · Pub. L. 100-202 · 101 Stat. 1329
  • 1990Amended · Pub. L. 101-509 · 104 Stat. 1427, 1440
  • 2000Amended · Pub. L. 106-554 · 114 Stat. 2763, 2763
  • 2019Amended · Pub. L. 116-94 · 133 Stat. 2774
  • 2022Amended · Pub. L. 117-103 · 136 Stat. 527

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-656 on 1971-01-08.

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