Legislative History: For legislative history and purpose of Pub. L. 86-568, see 1960 U.S.Code Cong. and Adm.News, p. 2600. 1. Power of Congress Compensation paid to public officers of United States for their services or travel ing expenses incident thereto, except in cases of salaries of President or judges of United States courts, held under control of Congress. Lowry v. McCarl, 1935, 79 F.2d 144, 65 App.D.C. 19, certiorari dented 56 S.Ct. 170, 296 U.S. 637, 80 L.Ed. 453. § 60a-1. Senate pay adjustments; action by President pro tempore of Senate (a) Each time the President adjusts the rates of pay of employees under section 5305 of Title 5 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; or (B) in the case of such personnel whose rates of pay are fixed by or pursuant to law at specific rates, adjust such rates (including the adjustment of such specific rates to maximum pay rates) and, in the case of all other personnel whose pay is disbursed by the Secretary of the Senate, adjust only the minimum or maximum rates applicable to such other personnel; and (2) adjust any limitation or allowance applicable to such personnel; by percentages which are equal or equivalent, insofar as practicable and with such exceptions as may be necessary to provide for appropriate pay relationships between positions, to the percentages of the adjustments made by the President under such section 5305 for corresponding rates of pay for employees subject to the General Schedule contained in section 5332 of such 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 5305 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) No rate of pay shall be adjusted under the provisions of this section to an amount in excess of the rate of basic pay for level III of the Executive Schedule contained in section 5314 of Title 5. (e) For purposes of this section, the term "personnel" does not include any Senator. Pub.L. 91-656, § 4, Jan. 8, 1971, 84 Stat. 1952, amended 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. References in Text. Section 3(c) of this Act, referred to in subsec. (a), is section 3(c) of Pub. L. 91-656, which is set out as a note under section 5305 of Title 5, Gov ernment Organization and Employees. 1975 Amendment. Subsec. (d). Pub.L. 94-82 substituted "level III" for "level V" and "section 5314 of Title 5" for "section 5316 of Title 5". 1972 Amendments. Subsec. (a). Pub.L. 92-298 and Pub.L. 92-392 made identical substitutions of "first day of the month in which any adjustment becomes effective" for "first day of the first pay period which begins on or after the day on which any adjustment becomes effective" in the last sentence. Effective Date of 1972 Amendment. Amendment by Pub. L. 92-392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92-392, set out as a note under section 5341 of Title 5, Government Organization and Employees. Legislative History. For legislative history and purpose of Pub. L. 91-656, see 1971 U.S.Code Cong. and Adm. News, P. 5915. See, also, Pub. L. 92-298, 1972 U.S. DIRECTIVE OF THE PRESIDENT PRO TEMPORE OF THE SENATE OF THE UNITED STATES ESTABLISHING A SALARY INCREASE FOR OFFICERS AND EMPLOYEES OF THE SENATE OF THE UNITED STATES UNDER AUTHORITY OF THE FEDERAL PAY COMPARABILITY ACT OF 1970 October 2, 1975 Sec. 2. (a) The annual rates of compensation of the Secretary of the Senate, the Sergeant at Arms and Doorkeeper, and the Legislative Counsel (as such rates were increased by prior orders of the President pro tempore) are further increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159. Notwithstanding the provisions of this subsection, an individual occupying a position whose annual rate of compensation is determined under this subsection shall not be paid at any time, by reason of the promulgation of this Order, at an annual rate in excess of either of the following: (1) the annual rate in effect for positions in level III of the Executive Schedule under section 5314 of title 5, United States Code [section 5314 of Title 5, Government Organization and Employees), or (2) an annual rate of compensation which is $1,500 less than the annual rate of compensation, which is now or may hereafter be in effect, for Members of Congress. (b) The annual rates of compensation of the Secretary for the Majority (other than the present incumbent) and the Secretary for the Minority (as such rates were increased by prior orders of the President pro tempore) are further increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159. Notwithstanding the provisions of this subsection, an individual occupying a position whose annual rate of compensation is determined under this subsection shall not be paid at any time, by reason of the promulgation of this Order, at an annual rate of compensation in excess of either of the following: (1) $41,500, or (2) at such time as such level III is increased to more than $42,000 but less than $48,000, an annual rate of compensation in excess of $46,269, except that the annual rate of compensation shall not exceed, at any time, the next lowest multiple of $159 which is at least $500 less than the annual rate of compensa tion, which is now or may hereafter be in effect, for those positions referred to in subsection (a) of this section. (c) (1) The maximum annual rate of compensation of the Secretary for the Majority (as long as that position is occupied by the present incumbent) (as such rate was increased by prior orders of the President pro tempore) is further increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159. Notwithstanding the provisions of this paragraph, an individual occupying a position whose annual rate of compensation is determined under this paragraph shall not be paid at any time, by reason of the promulgation of this Order, at an annual rate of compensation in ex cess of either of the following: (1) $41,500, or (2) at such time as level III is increased to more than $42,000 but less than $48,000, an annual rate of compensation in excess of $46,269, except that the annual rate of compensation shall not exceed, at any time, the next lowest multiple of $159 which is at least $500 less than the annual rate of compensation, which is now or may hereafter be in effect, for those positions referred to in subsection (a) of this section. (2) The annual rates of compensation of the four Senior Counsel in the Office of the Legislative Counsel and the maximum annual rates of compensation of the Assistant Secretary of the Senate, the Parliamentarian, and the Financial Clerk (as such rates were increased by prior orders of the President pro tempore) are further increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159. Notwithstanding the provisions of this subsection, an individual occupying a position whose annual rate of compensation is determined under this subsection shall not be paid at any time, by reason of the promulgation of this Order, at an annual rate of compensation in excess of either of the following: (1) $41,022, or (2) at such time as such level III is increased to more than $42,000 but less than $48,000, an annual rate of compensation in excess of $45,792, except that the annual rate of compensation shall not exceed, at any time, the next lowest multiple of $159 which is at least $1,000 less than the annual rate of compensation, which is now or may hereafter be in effect, for those positions referred to in subsection (a) of this section. (d) (1) The maximum annual rate of compensation of the Chief Reporter of Debates (as such rate was increased by prior orders of the President pro tempore) is further increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159. Notwithstanding the provisions of this paragraph, an individual occupying a position whose annual rate of compensation is determined under this paragraph shall not be paid at any time, by reason of the promulgation of this Order, at an annual rate of compensation in excess of either of the following: (1) $38,001, or (2) at such time as such level III is increased to more than $42,000 but less than $48,000, an annual rate of compensation in excess of $43,248, except that the annual rate of compensation shall not exceed, at any time, the next lowest multiple of $159 which is at least $3,600 less than the annual rate of compensation, which is now or may hereafter be in effect, for those positions referred to in subsection (a) of this section. (2) The maximum annual rates of compensation of the Administrative Assistant in the Office of the Majority Leader and the Administrative Assistant in the Office of the Minority Leader (as such rates were increased by prior orders of the President pro tempore) are further increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159. Notwithstanding the provisions of this paragraph, an individual occupying a position whose annual rate of compen sation is determined under this paragraph shall not be paid at any time, by reason of the promulgation of this Order, at an annual rate of compensation in excess of either of the following: (1) $39,909, or (2) at such time as such level III is increased to more than $42,000 but less than $48,000, an annuai rate of compensation in excess of $44,361, except that the annual rate of compensation shall not exceed, at any time, the next lowest multiple of $159 which is at least $2,500 less than the annual rate of compensation, which is now or may hereafter be in effect, for those positions referred to in subsection (a) of this section. (3) The maximum annual rates of compensation of the Assistant Secretary for the Majority and the Assistant Secretary for the Minority (as such rates were increased by prior orders of the President pro tempore) are further increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159. Notwithstanding the provisions of this paragraph, an individual occupying a position whose annual rate of compensation is determined under this paragraph shall not be paid at any time, by reason of the promulgation of this Order, at an annual rate of compensation in excess of either of the following: (1) $39,432, or (2) at such time as such level III is increased to more than $42,000 but less than $48,000, an annual rate of compensation in excess of $43,884, except that the annual rate of compensation shall not exceed, at any time, the next lowest multiple of $159 which is at least $3,000 less than the annual rate of compensation, which is now or may hereafter be in effect, for those positions referred to in subsection (a) of this section. (4) The maximum annual rates of compensation of the seven Reporters of Debates in the Office of the Secretary (as such rates were increased by prior orders of the President pro tempore) are further increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159. Notwithstanding the provisions of this paragraph, an individual occupying a postion whose annual rate of compensation is determined under this paragraph shall not be paid at any time, by reason of the promulgation of this Order, at an annual rate of compensation in excess of either of the following: (1) $37,842, or (2) at such time as such level III is increased to more than $42,000 but less than $48,000, an annual rate of compensation in excess of $42,771, except that the annual rate of compensation shall not exceed, at any time, the next lowest multiple of $159 which is at least $4,000 less than the annual rate of compensation, which is now or may hereafter be in effect, for those positions referred to in subsection (a) of this section. (5) The maximum annual rates of compensation of the Administrative Assistant in the Office of the Majority Whip and the Administrative Assistant in the Office of the Minority Whip (as such rates were increased by prior orders of the Presi dent pro tempore) are further increased by 5 percent, and as so increased, adjust ed to the next higher multiple of $159. Notwithstanding the provisions of this paragraph, an individual occupying a position whose annual rate of compensation is determined under this paragraph shall not be paid at any time, by reason of the promulgation of this Order, at an annual rate of compensation in excess of either of the following: (1) $38,955, or (2) at such time as such level III is increased to more than $42,000 but less than $48,000, an annual rate of compensation in excess of $42,453, except that the annual rate of compensation shall not exceed, at any time, the next lowest multiple of $159 which is at least $4,400 less than the annual rate of compensation, which is now or may hereafter be in effect, for those positions referred to in subsection (a) of this section. (6) The maximum annual rates of compensation of the Assistant to the Majority and the Assistant to the Minority in the Office of the Secretary, the Legislative Assistant in the Office of the Majority Leader, and the Legislative Assistant in the Office of the Minority Leader (as such rates were increased by prior orders of the President pro tempore) are further increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159. Notwithstanding the provisions of this paragraph, an individual occupying a position whose annual rate of compensation is determined under this paragraph shall not be paid at any time, by reason of the promulgation of this Order, at an annual rate of compensation in excess of $38,478 until such time as such level III is increased to more than $42,000. (7) The maximum annual rates of compensation of the Assistant Parliamentarian, the Legislative Clerk, and the Journal Clerk (as such rates were increased by prior orders of the President pro tempore) are further increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159. Notwithstanding the provisions of this paragraph, an individual occupying a position whose annual rate of compensation is determined under this paragraph shall not be paid at any time, by reason of the promulgation of this Order, at an annual rate of compensation in excess of $36,411 until such time as such level III is increased to more than $42,000. (8) The maximum annual rates of compensation of the Assistant Legislative Clerk, the Administrative Assistant in the Office of the Sergeant at Arms, and the Deputy Sergeant at Arms (as such rates were increased by prior orders of the President pro tempore) are further increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159. Notwithstanding the provisions of this paragraph, an individual occupying a position whose annual rate of compensation is determined under this paragraph shall not be paid at any time, by reason of the promulgation of this Order, at an annual rate of compensation in excess of $35,298 until such time as such level III is increased to more than $42,000. (9) The maximum annual rates of compensation of the Curator of Art and Antiquities of the Senate and the Editor, Digest in the Office of the Secretary (as such rates were increased by prior orders of the President pro tempore) are further increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159. Notwithstanding the provisions of this paragraph, an individual occupying a position whose annual rate of compensation is determined under this paragraph shall not be paid at any time, by reason of the promulgation of this Order, at an annual rate of compensation in excess of $34,026 until such time as such level III is increased to more than $42,000. (10) The maximum annual rates of compenation of the Director of the Senate Recording Studio and the Postmaster of the Senate (as such rates were increased by prior orders of the President pro tempore) are further increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159. Notwithstanding the provisions of this paragraph, an individual occupying the position of Director of the Senate Recording Studio or Postmaster of the Senate, the annual rate of compensation for which is determined under this paragraph, shall not be paid at any time, by reason of the promulga tion of this Order, at an annual rate of compensation in excess of $34,662 or $33,390, respectively, until such time as such level III is increased to more than $42,000. CHAPLAIN'S OFFICE Sec. 3. The annual rate of compensation of the Chaplain and the maximum annual rate of compensation for the position of secretary to the Chaplain (as in effect immediately prior to October 1, 1975) are increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159. OFFICES OF THE SENATE Sec. 4. (a) Any specific rate of compensation established by law, as such rate has been increased by or pursuant to law, for any position under the jurisdiction of the Sergeant at Arms shall be considered as the maximum annual rate of compensation for that position. Each such maximum annual rate is increased by 5 percent, and as so increased, adjust ed to the next higher multiple of $159. (b) The maximum annual rates of compensation for positions or classes of positions (other than those positions referred to in sections 2(c) and (d) of this Order) under the jurisdiction of the Majority and Minority Leaders, the Majority and Minority Whips, the Secretary of the Senate, the Secretary for the Majority, and the Secretary for the Minority are increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159. (c) The following individuals are authorized to increase the annual rates of compensation of the employees specified by 5 percent, and as so increased, adjusted to the next higher multiple of $159: (1) the Vice President, for any employee under his jurisdiction; (2) the Majority Leader, the Minority Leader, the Majority Whip, and the Minority Whip, for any employee under the jurisdiction of that Leader Whip (subject to the provisions of section 2(d) of this Order); or (3) the Majority Leader, for the Secretary for the Majority so long as the position is occupied by the present incumbent (subject to the provisions of section 2(c) (1) of this Order); (4) the Secretary of the Senate, for any employee under his jurisdiction (subject to the provisions of section 2(c) (2) and (d) of this Order); (5) the Sergeant at Arms, for any employee under his jurisdiction (subject to the provisions of section 2(d) of this Order); (6) the Chaplain, for his secretary; (7) the Legislative Counsel, subject to the approval of the President pro tempore, for any employee in that Office (other than the four Senior Counsel); (8) the Secretary for the Majority and the Secretary for the Minority, for any employee under the jurisdiction of that Secretary (subject to the provi- and (9) the Capitol Guide Board, for the Chief Guide, the Assistant Chief Guide, and the Guides of the Capitol Guide Service. (d) The figure "$906", appearing in the first sentence of section 106(b) of the Legislative Branch Appropriation Act, 1963, as amended [section 60j (b) of this title] (as provided in section 4(d) of the Order of the President pro tempore of October 7, 1974), shall be deemed to refer to the figure "$954". (e) The limitation on the rate per hour provided by applicable law immediately prior to October 1, 1975, with respect to the folding of speeches and pamphlets for the Senate, is increased by 5 percent. The amount of such increase shall be computed to the nearest cent, counting one-half cent and over as a whole cent. COMMITTEE STAFFS Sec. 5. (a) Subject to the provision of section 105 of the Legislative Branch Appropriaton Act, 1968, as amended [enacting section 61-1 of this title and amending section 60j of this title and section 5533 of Title 5, Government Organization and Employees] (as modified by this Order), and the other provisions of this Order, the chairman of any standing, special, or select committee of the Senate (including the majority and minority policy committees and the conference majority and conference minority of the Senate), and the chairman of any joint committee of the Congress whose funds are disbursed by the Secretary of the Senate are each authorized to increase the annual rate of compensation of any employee of the committee, or subcommittee thereof, of which he is chairman, by 5 percent, and as so increased, adjusted to the next higher multiple of $159. of (b) (1) The figures "$17,818" and "$26.274" appearing in section 105(e) the Legislative Branch Appropriation Act, 1963, as amended [section 61-1(e) of this title) (as provided in section 5(b) (1) of the Order of the President pro tempore of October 7, 1974), shall be deemed to refer to the figures "$18,762" and "$27,666", respectively. of (2) The maximum annual rates "$42,431", "$44,243", and "$46,206" appearing in such section 105(e) [section 61-1(e) of this title] (as provided in section 5(b) (2) of such Order of October 7, 1974) are each further increased by 5 percent, and as so increased, adjusted to the next higher multiple of $159, and shall be deemed to refer to the figures "$44,679", "$46,587", and "$48,654", respectively. (3) (A) Notwithstanding the provisions of paragraph (2) of this subsection, any individual occupying a position on the staff of a standing committee of the Senate or the majority or minority policy committee of the Senate to which any such rate applies or to any position to which such rate was made applicable by section 105 of title I of the Legislative Branch Appropriation Act, 1976 [section 105 of Pub. L. 94-59, set out in part as a note under section 61-1 of this title], shall not be paid at any time at an annual rate in excess of $35,775, $37,524, or $39,909, respectively, as long as the annual rate of basic pay for positions in level III of the Executive Schedule under section 5314 of title 5, United States Code [section 5314 of title 5, Government Organization and Employees], is $42,000. (B) Notwithstanding the provisions of paragraph (2) of this subsectin, when the annual rate for such level III is increased to more than $42,000, but less than $48,000, an individual occupying a position on the staff of any such commit tee (i) to which the rate "$44.679" applies shall not be paid at any time at an annual rate in excess of $40,545, (ii) to which the rate "$46,587" applies shall not be paid at any time at an annual rate in excess of $42,612, and (iii) to which the rate "$48,654" applies shall not be paid at any time at an annual rate in excess of $45,156, except that the annual rate of compensation shall not exceed, at any time, the next lowest multiple of $159 which is at least $1,700 less than the annual rate of compensation, which is now or may hereafter be in effect, for those positions referred to in section 2(a) of this Order. (4) (A) Notwithstanding the provisions of paragraph (2) of this subsection, any individual occupying a position on the staff of any special or select committee of the Senate and the conference majority and conference minority of the Senate to which any such rate applies shall not be paid at any time at an annual rate in excess of $35,775, $37.524, or $39,432, respectively, as long as the annual rate of basic pay for positions in such level III is $42,000. (B) Notwithstanding the provisions of paragraph (2) of this subsection, when the annual rate for such level III is increased to more than $42,000, but less than $48,000, an individual occupying a position on the staff of any such committee (i) to which the rate "$44,679" applies shall not be paid at any time at an annual rate in excess of $39,909, (ii) to which the rate "$46,587" applies shall not be paid at any time at an annual rate in excess of $41,976, and (iii) to which the rate "$48,654" applies shall not be paid at any time at an annual rate in excess of $44,520, except that the annual rate of compensation shall not exceed, at any time, the next lowest multiple of $159 which is at least $2,300 less than the annual rate of compensation, which is now or may hereafter be in effect, for those positions referred to in section 2(a) of this Order. (5) (A) Notwithstanding the provisions of paragraph (2) of this subsection, any individual occupying a position on the staff of any joint committee of the Congress whose funds are disbursed by the Secretary of the Senate to which any such rate applies shall not be paid at any time at an annual rate in excess of $35,775, $36,729, or $37,842, respectively, as long as the annual rate of basic pay for positions in such level III is $42,000. (B) Notwithstanding the provisions of paragraph (2) of this subsection, when the annual rate for such level III is increased to more than $42,000, but less than $48,000, an individual occupying a position on the staff of any such joint committee (i) to which the rate "$44,679" applies shall not be paid at any time at an annual rate in excess of $39,909, (ii) to which the rate "$46,587" applies shall not be paid at any time at an annual rate in excess of $41,817, and (iii) to which the rate "$48,654" applies shall not be paid at any time at an annual rate in excess of $43,884, except that the annual rate of compensation shall not exceed, at any time, the next lowest multiple of $159 which is at least $3,000 less than the annual rate of compensation, which is now or may hereafter be in effect, for those positions referred to in section 2(a) of this Order. SENATORS' OFFICES Sec. 6. (a) Subject to the provisions of section 105 of the Legislative Branch Appropriation Act, 1968, as amended [enact ing section 61-1 of this title and amending section 60j of this title and section 5533 of Title 5, Government Organization and Employees) (as modified by this Order), and the other provisions of this Order, each Senator is authorized to increase the annual rate of compensation of any employee in his office by 5 percent, and as so increased, adjusted to the next higher multiple of $159. (b) The table contained in section 105(d) (1) of such Act [section 61-1(d) (1) of this title] shall be deemed to read as follows: "$413,082 if the population of his State is less than 2,000,000; "$425,484 if such population is 2,000,000 but less than 3,000,000; "$455,376 if such population is 3,000,000 but less than 4,000,000; "$493,854 if such population is 4,000,000 but less than 5,000,000; "$525,336 if such population is 5,000,000 but less than 7,000,000; "$558,408 if such population is 7,000,000 but less than 9,000,000; "$594,342 if such population is 9,000,000 but less than 10,000,000; "$622,008 if such population is 10,000,000 but less than 11,000,000; "$658,260 if such population is 11,000,000 but less than 12,000,000; "$685,926 if such population is 12,000,000 but less than 13,000,000; "$721,224 if such population is 13,000,000 but less than 15,000,000; "$756,522 if such population is 15,000,000 but less than 17,000,000; "$791,820 if such population is 17,000,000 but less than 19,000,000; "$818,214 if such population is 19,000,000 but less than 21,000,000; "$844,608 if such population is 21,000,000 or more." (c) (1) The second sentence of section 105(d) (2) of such Act [section 61-1(d) (2) of this title] is modified to read as follows: "The salary of an employee in a Senator's office shall not be fixed under this paragraph at a rate less than $1,113 per annum or in excess of $25,440 per annum except that (i) the salaries of five employees may be fixed at rates of not more than $43,407 per annum, and (ii) the salary of one employee may be fixed at a rate of not more than $45,315 per annum.". (2) Notwithstanding the modification made by paragraph (1) of this subsection, any individual occupying a position to which a rate referred to in clause (i) or (ii) of such modification applies shall not be paid at any time at an annual rate exceeding $36,729 or $39,909, respectively, as long as the annual rate of basic pay for positions at level III of the Executive Schedule under section 5314 of title 5, United States Code [section 5314 of Title 5, Government Organization and Employees], is $42,000. (3) Notwithstanding the modification made by paragraph (1) of this subsection, if the annual rate for such level III is increased to more than $42,000, but less than $48,000, an individual occupying a position to which a rate referred to in such clause (i) or (ii) applies shall not be paid at any time, by reason of the promulgation of this Order, at an annual rate in excess of (A) in the case of an individual to whom the rate under such clause (i) applies, $41,181, and (B) in the case of an individual to whom the rate under clause (ii) applies, $44,361, except that the annual rate of compensation shall not exceed, at any time, the next lowest multiple of $159 which is at least $2,500 less than the annual rate of compensation, which is now or may hereafter be in effect, for those positions referred to in section 2(a) of this Order. |