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2 U.S.C. § 4575 — Gross rate of compensation of employees paid by Secretary of Senate

submitted 59 years ago by Pub. L. 90-57 to r/title-2-THE-CONGRESS · 2,108 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets gross compensation rules for Senate employees paid by the Secretary of the Senate. It requires whole-dollar rates and written certifications, converts certain older rates, sets Senator-office and committee limits, and establishes general minimum and maximum rates, with a Capitol Police exception.

(a) Annual rate; certification. (1) Whenever, on or after October 1, 1980, an employee's compensation rate paid by the Secretary of the Senate is fixed or adjusted, it must be a whole-dollar annual gross rate with no fraction of a dollar. (2) A new or changed rate, other than a change made by law, for such an employee who is not an elected Senate officer must be certified in writing to the Senate Disbursing Office. A new rate includes an appointment, transfer between Senate appointing authorities, or promotion to a position whose pay is fixed by law. For an appointment or other new rate, the office must receive the certification by the day the new rate takes effect. For another change, the rate begins on the first day of the month received if received within that month's first 10 days; the first day of the next month if received after the 25th; or the 16th day of the current month if received after the 10th and before the 26th. If the certification specifies an effective date, that date controls only if it is the first or 16th day of a month and is later than the otherwise applicable date. A changed rate for a new employee or an employee transferred between appointing authorities takes effect on the appointment or transfer date if that date is later than the otherwise applicable date.

(b) Conversion; increase. An employee's pre-August 1, 1967 basic rate with additional compensation provided by law must be converted on that date to the lowest annual gross rate that is a multiple of $180 and is at least the employee's then-total rate. Longevity increments earned before that date under 2 U.S.C. § 4507(b) are excluded from the conversion, but gross compensation increases by $540 for each such increment, treated as an increase under § 4507(b).

(c) References to basic and additional rates. When a statute or Senate resolution refers to a basic rate, or a maximum or minimum based on it, for an employee or position paid by the Secretary, and law provides additional compensation for that basic rate, the reference is treated as a reference to the annual gross rate that an employee receiving the basic rate immediately before August 1, 1967 would receive under subsection (b) from that date onward, without regard to that statute or resolution.

(d) Senator-office compensation. (1)(A) Except as subparagraphs (B) and (C) provide, total annual gross compensation for employees in a Senator's office may not exceed the amount for the State's population: $1,518,333 under 5,000,000; $1,573,297 for 5,000,000–under 6,000,000; $1,628,265 for 6,000,000–under 7,000,000; $1,683,230 for 7,000,000–under 8,000,000; $1,738,197 for 8,000,000–under 9,000,000; $1,793,161 for 9,000,000–under 10,000,000; $1,848,130 for 10,000,000–under 11,000,000; $1,903,096 for 11,000,000–under 12,000,000; $1,958,061 for 12,000,000–under 13,000,000; $2,013,027 for 13,000,000–under 14,000,000; $2,067,994 for 14,000,000–under 15,000,000; $2,122,960 for 15,000,000–under 16,000,000; $2,177,928 for 16,000,000–under 17,000,000; $2,232,894 for 17,000,000–under 18,000,000; $2,268,057 for 18,000,000–under 19,000,000; $2,303,224 for 19,000,000–under 20,000,000; $2,338,391 for 20,000,000–under 21,000,000; $2,373,558 for 21,000,000–under 22,000,000; $2,408,725 for 22,000,000–under 23,000,000; $2,443,891 for 23,000,000–under 24,000,000; $2,479,054 for 24,000,000–under 25,000,000; $2,514,218 for 25,000,000–under 26,000,000; $2,549,387 for 26,000,000–under 27,000,000; $2,584,552 for 27,000,000–under 28,000,000; and $2,619,720 for 28,000,000 or more. For each fiscal year, State population is the higher of the preceding fiscal year's population determined under this paragraph or the population on the first day of the fiscal year shown by the latest earlier Census Bureau census, provisional or final. A population not evenly divisible by 1,000,000 is rounded up to the next million. If the latest census figures are not officially released after the fiscal year begins, the preceding year's population is used until release. If a Senator's term starts after the first month or ends, other than by death, resignation, or expulsion, before the last month, the year's amount is divided by 12 and multiplied by the included months, counting a fraction as a full month. (B) For January 1–September 30, 1988, employee gross compensation plus expenses paid under 2 U.S.C. § 6314 (after its subsection (b), but without paragraph (2)(A)(iv)) may not exceed the sum of (iii) the fiscal-year-1988 compensation limit, without this subparagraph, minus compensation paid before January 1, 1988, subject to the next sentence, plus (iv) the amount in § 6314(b)(2)(A)(iii). If the Senator's term starts after the first month or ends, other than by death, resignation, or expulsion, before the last month of that nine-month period, the clause (iii) amount is divided by 9 and multiplied by the included months, counting a fraction as a full month. (C) For fiscal year 1989 and later, compensation plus covered § 6314 expenses may not exceed the amount under subparagraph (A) plus the amount in § 6314(b)(3), determined without its subparagraphs (A)(ii) and (iv). (2) Within these limits, Senators may set office employee numbers and pay rates. A rate may not be below $3,293 or above Executive Schedule level II under 5 U.S.C. § 5313. A Senator may set desired position titles by written notice to the Senate disbursing office.

(e) Committee employees. (1) and (2) Repealed by Pub. L. 96–304, title I, § 112(b)(1), July 8, 1980, 94 Stat. 892. (3)(A) “Committee of the Senate” means (I) any standing committee, including majority and minority policy committees; (II) any select committee, including the conference majority and conference minority of the Senate; or (III) any joint committee whose expenses are paid from the Senate contingent fund. A subcommittee employee is treated as a full-committee employee. (B) Subject to adjustment by law, a committee employee's annual gross rate may not exceed Executive Schedule level II under 5 U.S.C. § 5313.

(f) General limitation. Unless law expressly authorizes otherwise, an officer or employee whose pay is disbursed by the Secretary may not receive gross pay below $3,293 or above Executive Schedule level II under 5 U.S.C. § 5313. The minimum-rate limit does not apply to a Capitol Police member or civilian employee whose pay is disbursed by the Secretary.

the actual law source: uscode.house.gov ↗public domain
(a) Annual rate; certification
(1)

Whenever the rate of compensation of any employee whose compensation is disbursed by the Secretary of the Senate is fixed or adjusted on or after October 1, 1980, such rate as so fixed or adjusted shall be at a single whole dollar per annum gross rate and may not include a fractional part of a dollar.

(2)

New or changed rates of compensation (other than changes in rates which are made by law) of any such employee (other than an employee who is an elected officer of the Senate) shall be certified in writing to the Disbursing Office of the Senate (and, for purposes of this paragraph, a new rate of compensation refers to compensation in the case of an appointment, transfer from one Senate appointing authority to another, or promotion by an appointing authority to a position the compensation for which is fixed by law). In the case of an appointment or other new rate of compensation, the certification must be received by such office on or before the day the rate of new compensation is to become effective. In any other case, the changed rate of compensation shall take effect on the first day of the month in which such certification is received (if such certification is received within the first ten days of such month), on the first day of the month after the month in which such certification is received (if the day on which such certification is received is after the twenty-fifth day of the month in which it is received), and on the sixteenth day of the month in which such certification is received (if such certification is received after the tenth day and before the twenty-sixth day of such month). Notwithstanding the preceding sentence, if the certification for a changed rate of compensation for an employee specifies an effective date of such change, such change shall become effective on the date so specified, but only if the date so specified is the first or sixteenth day of a month and is after the effective date prescribed in the preceding sentence; and, notwithstanding such sentence and the preceding provisions of this sentence, any changed rate of compensation for a new employee or an employee transferred from one appointing authority to another shall take effect on the date of such employee’s appointment or transfer (as the case may be) if such date is later than the effective date for such changed rate of compensation as prescribed by such sentence.

(b) Conversion; increase in compensation

The rate of compensation of each employee whose compensation is disbursed by the Secretary of the Senate which was fixed before August 1, 1967, at a basic rate with respect to which additional compensation is payable by law shall be converted as of such date to the lowest per annum gross rate which is a multiple of $180 and which is not less than the aggregate rate of compensation (basic compensation plus additional compensation provided by law) which such employee was receiving immediately prior to such date. Any increments of longevity compensation to which an employee became entitled prior to August 1, 1967, under section 4507(b) of this title shall be excluded in converting such employee’s rate of compensation under this subsection, but such employee’s rate of gross compensation shall be increased by $540 (which shall be considered to be an increase under section 4507(b) of this title) for each such increment.

(c) Reference in other provisions to basic rates and additional compensation as reference to per annum gross rate

In any case in which the rate of compensation of any employee or position, or class of employees or positions, the compensation for which is disbursed by the Secretary of the Senate, or any maximum or minimum rate with respect to any such employee, position, or class, is referred to in or provided by statute or Senate resolution, and the rate so referred to or provided is a basic rate with respect to which additional compensation is provided by law, such statutory provision or resolution shall be deemed to refer, in lieu of such basic rate, to the per annum gross rate which an employee receiving such basic rate immediately prior to August 1, 1967, would receive (without regard to such statutory provision or resolution) under subsection (b) on and after such date.

(d) Compensation of employees in office of Senator; limitation; titles of positions
(1)
(A)

Except as is otherwise provided in subparagraphs (B) and (C), the aggregate of gross compensation paid employees in the office of a Senator shall not exceed during each fiscal year the following: 1

$1,518,333 if the population of the State is less than 5,000,000;

$1,573,297 if such population is 5,000,000 but less than 6,000,000;

$1,628,265 if such population is 6,000,000 but less than 7,000,000;

$1,683,230 if such population is 7,000,000 but less than 8,000,000;

$1,738,197 if such population is 8,000,000 but less than 9,000,000;

$1,793,161 if such population is 9,000,000 but less than 10,000,000;

$1,848,130 if such population is 10,000,000 but less than 11,000,000;

$1,903,096 if such population is 11,000,000 but less than 12,000,000;

$1,958,061 if such population is 12,000,000 but less than 13,000,000;

$2,013,027 if such population is 13,000,000 but less than 14,000,000;

$2,067,994 if such population is 14,000,000 but less than 15,000,000;

$2,122,960 if such population is 15,000,000 but less than 16,000,000;

$2,177,928 if such population is 16,000,000 but less than 17,000,000;

$2,232,894 if such population is 17,000,000 but less than 18,000,000;

$2,268,057 if such population is 18,000,000 but less than 19,000,000;

$2,303,224 if such population is 19,000,000 but less than 20,000,000;

$2,338,391 if such population is 20,000,000 but less than 21,000,000;

$2,373,558 if such population is 21,000,000 but less than 22,000,000;

$2,408,725 if such population is 22,000,000 but less than 23,000,000;

$2,443,891 if such population is 23,000,000 but less than 24,000,000;

$2,479,054 if such population is 24,000,000 but less than 25,000,000;

$2,514,218 if such population is 25,000,000 but less than 26,000,000;

$2,549,387 if such population is 26,000,000 but less than 27,000,000;

$2,584,552 if such population is 27,000,000 but less than 28,000,000; and

$2,619,720 if such population is 28,000,000 or more.

For any fiscal year, the population of a State shall be deemed to be whichever of the following is the higher:

(I)

the population of such State (as determined for purposes of this paragraph) for the preceding fiscal year; or

(II)

the population of such State as of the first day of such fiscal year, as determined by the latest census (provisional or otherwise) conducted prior to such first day by the Bureau of the Census within the Department of Commerce.

If the population of any State, as determined under the preceding sentence, is not evenly divisible by 1,000,000, the population of such State shall be deemed to be increased to the next higher multiple of 1,000,000.

If, for any period after a fiscal year has begun, the census figures of the most recent census conducted prior to the first day of such year have not been officially released, then, for such period, in the administration of this paragraph, it shall be assumed that the population of each State is the same as such State’s population (as determined for purposes of this paragraph) for the preceding fiscal year.

In the event that the term of office of a Senator begins after the first month of a fiscal year or ends (except by reason of death, resignation, or expulsion) before the last month of a fiscal year, the aggregate amount available for gross compensation of employees in the office of such Senator for such year shall be the applicable amount contained in the preceding table, divided by 12, and multiplied by the number of months in such year which are included in the Senator’s term of office, counting any fraction of a month as a full month.

(B)

In the case of gross compensation paid to employees in the office of a Senator for the period commencing January 1, 1988, and ending September 30, 1988, the total of—

(i)

the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such period, plus

(ii)

the expenses paid to or on behalf of such Senator under authority of section 6314 of this title (as determined after application of subsection (b) of such section, but without regard to paragraph (2)(A)(iv) thereof),

shall not exceed the aggregate of—

(iii)

subject to the next sentence, the amount by which (I) the aggregate of the gross compensation which may be paid to employees in the office of such Senator for the fiscal year ending September 30, 1988, as determined under this subsection (but without regard to this subparagraph), exceeds (II) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for that part of such fiscal year which precedes January 1, 1988, plus

(iv)

the amount described in section 6314(b)(2)(A)(iii) of this title.

In the event that the term of office of a Senator begins after the first month of the period which commences January 1, 1988, and ends September 30, 1988, or ends (except by reason of death, resignation, or expulsion) before the last month of such period, the amount computed pursuant to clause (iii) of this subparagraph (but before application of this sentence) shall be recalculated as follows: such amount, as so computed, shall be divided by 9, and multiplied by the number of months in such period which are included in the Senator’s term of office, counting any fraction of a month as a full month.

(C)

In the case of gross compensation paid to employees in the office of a Senator for the fiscal year beginning October 1, 1988, or any fiscal year thereafter, the total of—

(i)

the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such year, plus

(ii)

the expenses paid to or on behalf of such Senator under authority of section 6314 of this title (as determined after application of subsection (b) of such section, but without regard to paragraph (3)(A)(ii) and (iv) thereof),

shall not exceed the aggregate of—

(iii)

the amount determined under subparagraph (A) for such year, plus

(iv)

the amount described in section 6314(b)(3) of this title (as determined without regard to subparagraph (A)(ii) and (iv) thereof).

(2)

Within the limits prescribed by paragraph (1) of this subsection, Senators may fix the number and the rates of compensation of employees in their respective offices. The salary of an employee in a Senator’s office shall not be fixed under this paragraph at a rate less than $3,293 1 or in excess of the annual rate of basic pay in effect for level II of the Executive Schedule under section 5313 of title 5. A Senator may establish such titles for positions in his office as he may desire to designate, by written notification to the disbursing office of the Senate.

(e) Gross rate of compensation of employee of committee of Senate employed by joint committee, select committee, or standing committee
(1)

, (2) Repealed. Pub. L. 96–304, title I, § 112(b)(1), July 8, 1980, 94 Stat. 892.

(3)
(A)

In this paragraph—

(i)

the term “committee of the Senate” means—

(I)

any standing committee (including the majority and minority policy committees) of the Senate;

(II)

any select committee (including the conference majority and conference minority of the Senate); or

(III)

any joint committee the expenses of which are paid from the contingent fund of the Senate; and

(ii)

an employee of a subcommittee shall be considered to be an employee of the full committee.

(B)

Subject to adjustment as provided by law, no employee of a committee of the Senate shall be paid at a per annum gross rate in excess of the annual rate of basic pay in effect for level II of the Executive Schedule under section 5313 of title 5.

(f) General limitation

No officer or employee whose compensation is disbursed by the Secretary of the Senate shall be paid gross compensation at a rate less than $3,293 1 or in excess of the annual rate of basic pay in effect for level II of the Executive Schedule under section 5313 of title 5, unless expressly authorized by law. The limitation on the minimum rate of gross compensation under this subsection shall not apply to any member or civilian employee of the Capitol Police whose compensation is disbursed by the Secretary of the Senate.

Source credit: (Pub. L. 90–57, § 105(a)–(f), (j), July 28, 1967, 81 Stat. 141–144; Pub. L. 90–206, title II, § 214 (j)–(l), Dec. 16, 1967, 81 Stat. 637; Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 340; Pub. L. 91–510, title III, § 305, Oct. 26, 1970, 84 Stat. 1181; Pub. L. 91–656, § 4, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 633; Pub. L. 92–607, ch. V, § 505, Oct. 31, 1972, 86 Stat. 1505; Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93–245, ch. VI, Jan. 3, 1974, 87 Stat. 1078; Pub. L. 93–255, § 1, Mar. 27, 1974, 88 Stat. 52; Pub. L. 93–371, § 6, Aug. 13, 1974, 88 Stat. 430; Pub. L. 94–59, title I, § 102, July 25, 1975, 89 Stat. 274; Pub. L. 94–440, title I, § 101(a), Oct. 1, 1976, 90 Stat. 1443; Pub. L. 95–94, title I, § 111(d), Aug. 5, 1977, 91 Stat. 663; Pub. L. 95–391, title I, § 104(b), Sept. 30, 1978, 92 Stat. 772; Pub. L. 95–482, § 112, Oct. 18, 1978, 92 Stat. 1605; Pub. L. 96–304, title I, §§ 107(a), 112(b)(1), July 8, 1980, 94 Stat. 890, 892; Pub. L. 98–181, title I, § 1203(a), Nov. 30, 1983, 97 Stat. 1289; Pub. L. 98–367, title I, §§ 3(a), 12(a), (b), July 17, 1984, 98 Stat. 475, 476; Pub. L. 100–71, title I, § 3(a), July 11, 1987, 101 Stat. 423; Pub. L. 100–137, § 1(c)(1), Oct. 21, 1987, 101 Stat. 818; Pub. L. 100–202, § 101(i) [title I, § 1(a)], Dec. 22, 1987, 101 Stat. 1329–290, 1329–293; Pub. L. 104–186, title II, § 204(9), Aug. 20, 1996, 110 Stat. 1731; Pub. L. 105–18, title II, § 7001, June 12, 1997, 111 Stat. 192; Pub. L. 105–55, title I, § 5, Oct. 7, 1997, 111 Stat. 1181; Pub. L. 105–275, title I, § 8, Oct. 21, 1998, 112 Stat. 2434; Pub. L. 106–57, title I, § 2, Sept. 29, 1999, 113 Stat. 411; Pub. L. 107–68, title I, § 106, Nov. 12, 2001, 115 Stat. 568; Pub. L. 108–7, div. H, title I, § 3, Feb. 20, 2003, 117 Stat. 349; Pub. L. 108–83, title I, § 1, Sept. 30, 2003, 117 Stat. 1010; Pub. L. 108–447, div. G, title I, § 1, Dec. 8, 2004, 118 Stat. 3168; Pub. L. 109–55, title I, § 1, Aug. 2, 2005, 119 Stat. 568; Pub. L. 110–161, div. H, title I, §§ 1, 4(a), Dec. 26, 2007, 121 Stat. 2220, 2221; Pub. L. 111–8, div. G, title I, § 1, Mar. 11, 2009, 123 Stat. 814; Pub. L. 111–68, div. A, title I, § 1, Oct. 1, 2009, 123 Stat. 2026; Pub. L. 116–94, div. E, title II, § 212(a)(1)(A), Dec. 20, 2019, 133 Stat. 2773; Pub. L. 117–103, div. I, title I, § 102, title II, § 213(a)(1), Mar. 15, 2022, 136 Stat. 505, 527.)

history & why it existsrecord from the source credit
  • 1967Enacted · Pub. L. 90-57 · 81 Stat. 141
  • 1967Amended · Pub. L. 90-206 · 81 Stat. 637
  • 1969Amended · Pub. L. 91-145 · 83 Stat. 340
  • 1970Amended · Pub. L. 91-510 · 84 Stat. 1181
  • 1971Amended · Pub. L. 91-656 · 84 Stat. 1952
  • 1971Amended · Pub. L. 92-184 · 85 Stat. 633
  • 1972Amended · Pub. L. 92-607 · 86 Stat. 1505
  • 1973Amended · Pub. L. 93-145 · 87 Stat. 532
  • 1974Amended · Pub. L. 93-245 · 87 Stat. 1078
  • 1974Amended · Pub. L. 93-255 · 88 Stat. 52
  • 1974Amended · Pub. L. 93-371 · 88 Stat. 430
  • 1975Amended · Pub. L. 94-59 · 89 Stat. 274
  • 1976Amended · Pub. L. 94-440 · 90 Stat. 1443
  • 1977Amended · Pub. L. 95-94 · 91 Stat. 663
  • 1978Amended · Pub. L. 95-391 · 92 Stat. 772
  • 1978Amended · Pub. L. 95-482 · 92 Stat. 1605
  • 1980Amended · Pub. L. 96-304 · 94 Stat. 890, 892
  • 1983Amended · Pub. L. 98-181 · 97 Stat. 1289
  • 1984Amended · Pub. L. 98-367 · 98 Stat. 475, 476
  • 1987Amended · Pub. L. 100-71 · 101 Stat. 423
  • 1987Amended · Pub. L. 100-137 · 101 Stat. 818
  • 1987Amended · Pub. L. 100-202 · 101 Stat. 1329
  • 1996Amended · Pub. L. 104-186 · 110 Stat. 1731
  • 1997Amended · Pub. L. 105-18 · 111 Stat. 192
  • 1997Amended · Pub. L. 105-55 · 111 Stat. 1181
  • 1998Amended · Pub. L. 105-275 · 112 Stat. 2434
  • 1999Amended · Pub. L. 106-57 · 113 Stat. 411
  • 2001Amended · Pub. L. 107-68 · 115 Stat. 568
  • 2003Amended · Pub. L. 108-7 · 117 Stat. 349
  • 2003Amended · Pub. L. 108-83 · 117 Stat. 1010
  • 2004Amended · Pub. L. 108-447 · 118 Stat. 3168
  • 2005Amended · Pub. L. 109-55 · 119 Stat. 568
  • 2007Amended · Pub. L. 110-161 · 121 Stat. 2220, 2221
  • 2009Amended · Pub. L. 111-8 · 123 Stat. 814
  • 2009Amended · Pub. L. 111-68 · 123 Stat. 2026
  • 2019Amended · Pub. L. 116-94 · 133 Stat. 2773
  • 2022Amended · Pub. L. 117-103 · 136 Stat. 505, 527

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-57 on 1967-07-28.

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