2 USC 4575 - Gross rate of compensation of employees paid by Secretary of Senate

View all text of Part A [§ 4571 - § 4581]

§ 4575. Gross rate of compensation of employees paid by Secretary of Senate

(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 anspan 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

(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 See Codification note below.

$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;$2,122,960 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.(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.

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

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

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 anspan 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

(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.)