United States Code/Title 2/Chapter 3

Compensation of Members of Congress
The annual rate of pay for—
 * each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico,
 * the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives, and
 * the Speaker of the House of Representatives,

shall be the rate determined for such positions under chapter 11 of this title, as adjusted by paragraph (2) of this section.


 * Subject to subparagraph (B), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under in the rates of pay under the General Schedule, each annual rate referred to in paragraph (1) shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the percentage of such annual rate which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect.
 * In no event shall the percentage adjustment taking effect under subparagraph (A) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under in the rates of pay under the General Schedule.

(Aug. 2, 1946, ch. 753, title VI, Sec. 601(a), 60 Stat. 850; Jan. 19, 1949, ch. 2, Sec. 1(d), 63 Stat. 4; Mar. 2, 1955, ch. 9, Sec. 4(a), 69 Stat. 11; Pub. L. 88-426, title II, Sec. 204, Aug. 14, 1964, 78 Stat. 415; Pub. L. 89-301, Sec. 11(e), Oct. 29, 1965, 79 Stat. 1120; Pub. L. 91-67, Sec. 2, Sept. 15, 1969, 83 Stat. 107; Pub. L. 94-82, title II, Sec. 204(a), Aug. 9, 1975, 89 Stat. 421; Pub. L. 101-194, title VII, Sec. 704(a)(2)(B), Nov. 30, 1989, 103 Stat. 1769; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(b)(4)(D)], Nov. 5, 1990, 104 Stat. 1427, 1439; Pub. L. 103-356, title I, Sec. 101(1), Oct. 13, 1994, 108 Stat. 3410.)

References in Text
 * The General Schedule, referred to in par. (2), is set out under, Government Organization and Employees.
 * Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in par. (2)(A), is section 704(a)(1) of Pub. L. 101-194, which is set out as a note under.

Prior Provisions
 * A prior section 31, acts Feb. 26, 1907, ch. 1635, Sec. 4, 34 Stat. 993; Mar. 4, 1925, ch. 549, Sec. 4, 43 Stat. 1301; May 17, 1932, ch. 190, 47 Stat. 158, related to compensation of Members of Congress, prior to enactment of act Aug. 2, 1946.

Amendments
 * 1994—Par. (2). Pub. L. 103-356 designated existing provisions as subpar. (A), substituted "Subject to subparagraph (B), effective" for "Effective", and added subpar. (B).
 * 1990—Par. (2). Pub. L. 101-509 substituted "5303" for "5305".
 * 1989—Par. (2). Pub. L. 101-194 substituted "the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect" for "the overall average percentage (as set forth in the report transmitted to the Congress under such section 5305) of the adjustment in the rates of pay under the General Schedule".
 * 1975—Pub. L. 94-82 designated existing provisions as par. (1), substituted provisions that rate of pay of the specified parties shall be determined under section 351 et seq. of this title, as adjusted by par. (2) for provisions setting rate of compensation at $42,500 for Senators, Representatives, Delegates, and Resident Commissioner, $62,500 for Speaker, and $49,500 for President pro tempore of Senate and Majority and Minority Leaders of House and Senate, and added par. (2).
 * 1969—Pub. L. 91-67 increased compensation of Speaker from $43,000 to $62,500 per annum and compensation of Majority and Minority Leaders of both Houses of Congress from $35,000 to $49,500 per annum, and fixed compensation of President pro tempore of Senate at $49,500 per annum.
 * 1965—Pub. L. 89-301 inserted provisions setting rate of compensation of Majority and Minority Leaders of Senate and House of Representatives at $35,000 per annum each.
 * 1964—Pub. L. 88-426 increased compensation of Senators, Representatives and Resident Commissioner from $22,500 to $30,000 per annum and that of Speaker from $35,000 to $43,000 per annum, and eliminated provisions which related to Delegates from the Territories.
 * 1955—Act Mar. 2, 1955, increased salaries of Senators, Representatives, Delegates, and Resident Commissioner from $12,500 a year to $22,500 and compensation of Speaker from $30,000 to $35,000 a year.
 * 1949—Act Jan. 19, 1949, increased Speaker's salary from $20,000 per year to $30,000.

Effective Date of 1994 Amendment
 * Section 101 of Pub. L. 103-356 provided that the amendment made by that section is effective Dec. 31, 1994.

Effective Date of 1990 Amendment
 * Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. L. 101-509, set out as a note under, Government Organization and Employees.

Effective Date of 1989 Amendment
 * Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 704(b) of Pub. L. 101-194, set out as a note under, Government Organization and Employees.

Effective Date of 1969 Amendment
 * Amendment by Pub. L. 91-67 effective Mar. 1, 1969, see section 3 of Pub. L. 91-67, set out as a note under, The President.

Effective Date of 1965 Amendment
 * Amendment by Pub. L. 89-301 effective on first day of first pay period which begins on or after October 1, 1965, see section 17 of Pub. L. 89-301.

Effective Date of 1964 Amendment
 * Amendment by Pub. L. 88-426 effective at noon, Jan. 3, 1965, see section 501(b) of Pub. L. 88-426.

Effective Date of 1955 Amendment
 * Section 5 of act Mar. 2, 1955, provided that: "The provisions of this Act [amending this section,, The President, , Internal Revenue Code, , , , , , , and of Title 28, Judiciary and Judicial Procedure,, Territories and Insular Possessions, and , War and National Defense, and repealing ] shall take effect Mar. 1, 1955."

Effective Date of 1949 Amendment
 * Amendment by act Jan. 19, 1949, effective at noon, Jan. 20, 1949, see section 3 of act Jan. 19, 1949.

Effective Date
 * Section 601(a) of act Aug. 2, 1946, provided that the salary rates provided by such section 601(a) are effective Jan. 3, 1947.

Short Title of 1996 Amendment
 * Pub. L. 104-186, Sec. 1(a), Aug. 20, 1996, 110 Stat. 1718, provided that: "This Act [see Tables for classification] may be cited as the 'House of Representatives Administrative Reform Technical Corrections Act'."

Short Title of 1964 Amendment
 * Section 201 of title II of Pub. L. 88-426 provided that: "This title [enacting, , , , , , , , and of this title, sections 42a and 51a of former Title 31, Money and Finance, sections 162a, 166b, and 166b-1 of former Title 40, Public Buildings, Property, and Works, and section 39a of former Title 44, Public Printing and Documents, amending this section and , and enacting provisions set out as notes under this section and  and  of this title] may be cited as the 'Federal Legislative Salary Act of 1964'."

Appropriation of Funds for Compensation of Members of Congress and for Administrative Expenses at Levels Authorized by Law and Recommended by the President for Federal Employees
 * Pub. L. 97-51, Sec. 130(c), Oct. 1, 1981, 95 Stat. 966, provided that: "Effective beginning with fiscal year 1983, and continuing each year thereafter, such sums as hereafter may be necessary for 'Compensation of Members' (and administrative expenses related thereto), as authorized by law and at such level recommended by the President for Federal employees for that fiscal year are hereby appropriated from money in the Treasury not otherwise appropriated. Such sums when paid shall be in lieu of any sums accrued in prior years but not paid. For purposes of this subsection, the term 'Member' means each Member of the Senate and the House of Representatives, the Resident Commissioner from Puerto Rico, the Delegates from the District of Columbia, Guam, Virgin Islands, and American Samoa, and the Vice President."

Salary Increases
 * 2005—Ex. Ord. No. 13368, Dec. 30, 2004, 70 F.R. 1147, set out as a note under, Government Organization and Employees, provided for the adjustment of pay rates effective Jan. 1, 2005.
 * 2004—Ex. Ord. No. 13332, Mar. 3, 2004, 69 F.R. 10891, which provided for the adjustment of pay rates effective Jan. 1, 2004, was superseded by Ex. Ord. No. 13368, Dec. 30, 2004, 70 F.R. 1147, set out as a note under.
 * —Ex. Ord. No. 13322, Dec. 30, 2003, 69 F.R. 231, which provided for the adjustment of pay rates effective Jan. 1, 2004, was superseded by Ex. Ord. No. 13332, Mar. 3, 2004, 69 F.R. 10891, formerly set out as a note under.
 * 2003—Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, which provided for the adjustment of pay rates effective Jan. 1, 2003, was superseded by Ex. Ord. No. 13322, Dec. 30, 2003, 69 F.R. 231.
 * 2002—Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639, which provided for the adjustment of pay rates effective Jan. 1, 2002, was superseded by Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, formerly set out as a note under.
 * 2001—Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057, which provided for the adjustment of pay rates effective Jan. 1, 2001, was superseded by Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639, formerly set out as a note under.
 * 2000—Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, which provided for the adjustment of pay rates effective Jan. 1, 2000, was superseded by Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057, formerly set out as a note under.
 * 1999—Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, which provided for the adjustment of pay rates effective Jan. 1, 1999, was substantially superseded by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, formerly set out as a note under.
 * 1998—Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, which provided for the adjustment of pay rates effective Jan. 1, 1998, was superseded by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, formerly set out as a note under.
 * 1997—Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, which provided for the adjustment of pay rates effective Jan. 1, 1997, was superseded by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, formerly set out as a note under.
 * 1996—Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, which provided for the adjustment of pay rates effective Jan. 1, 1996, was superseded by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out as a note under.
 * 1995—Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, which provided for the adjustment of pay rates effective Jan. 1, 1995, was superseded by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, formerly set out as a note under.
 * 1994—Pub. L. 103-6, Sec. 7, Mar. 4, 1993, 107 Stat. 35, provided that:
 * "(a) Cost of Living Adjustment.—Notwithstanding section 601(a)(2) of the Legislative Reorganization Act of 1946, the cost of living adjustment (relating to pay for Members of Congress) which would become effective under such provision of law during calendar year 1994 shall not take effect.
 * "(b) Severability.—If any provision of this Act [enacting provisions set out as notes under sections and  of Title 26, Internal Revenue Code, and, Railroads, and amending provisions set out as notes under  and ], or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected."
 * 1993—Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, which provided for the adjustment of pay rates effective Jan. 1, 1993, was superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly set out as a note under, Government Organization and Employees.
 * 1992—Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, which provided for the adjustment of pay rates effective Jan. 1, 1992, was superseded by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, formerly set out as a note under.
 * 1991—Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which provided for the adjustment of pay rates effective Jan. 1, 1991, was superseded by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly set out as a note under.
 * 1990—Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which provided for adjustments of pay rates effective Jan. 1, 1990, and Jan. 31, 1990, was superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, formerly set out as a note under.
 * 1989—Pub. L. 101-194, title VII, Sec. 703(a)(2), Nov. 30, 1989, 103 Stat. 1768, set out as a note under, provided that effective Jan. 1, 1991, the rate of basic pay for the offices and positions under and  shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), except that this shall not affect the rate of basic pay for a Senator, the President pro tempore of the Senate, or the majority leader or the minority leader of the Senate.
 * Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided for the adjustment of pay rates effective Jan. 1, 1989, was superseded by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out as a note under.
 * 1988—Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided for the adjustment of pay rates effective Jan. 1, 1988, was superseded by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under.
 * 1987—Salary of Speaker of House of Representatives increased to $115,000 per annum; salaries of President pro tempore of Senate, majority leader and minority leader of Senate, and majority leader and minority leader of House of Representatives increased to $99,500 per annum; and salaries of Senators, Members of House of Representatives, Delegates to House of Representatives, and Resident Commissioner from Puerto Rico increased to $89,500 per annum, on recommendation of the President of the United States, effective Mar. 1, 1987, set out as a note under.
 * Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided for the adjustment of pay rates effective Jan. 1, 1987, was superseded by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under, Government Organization and Employees.
 * 1985—Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for the adjustment of pay rates effective Jan. 1, 1985, was superseded by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note under.
 * 1984—Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, which provided for the adjustment of pay rates effective Jan. 1, 1984, was superseded by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under.
 * 1983—Pub. L. 98-63, title I, Sec. 908(d), (f), July 30, 1983, 97 Stat. 338, which provided that, effective with respect to service as a Member performed on or after July 1, 1983, and notwithstanding any other provision of law, in the case of a Member serving in office or position of Senator, President pro tempore of Senate, Majority Leader of Senate, or Minority Leader of Senate during a calendar year, the annual rate of pay paid to such Member for such service would not be less than the annual rate of pay payable for such position on Dec. 17, 1982, increased by 15 percent and rounded in accordance with, was repealed by Pub. L. 102-90, title I, Sec. 6(c), Aug. 14, 1991, 105 Stat. 451.
 * 1982—Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which provided for the adjustment of pay rates effective Oct. 1, 1982, was superseded by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, formerly set out as a note under.
 * Maximum rates payable after Dec. 17, 1982, increased from $60,662.50, $68,575.00, and $79,125.00 to $69,800.00, $78,900.00, and $91,000.00, respectively, except for Senators, see Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under.
 * Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of Pub. L. 97-276, as amended, set out as a note under.
 * 1981—Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which provided for the adjustment of pay rates effective Oct. 1, 1981, was superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note under.
 * Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of Pub. L. 97-92, set out as a note under.
 * 1980—Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, which provided for the adjustment of pay rates effective Oct. 1, 1980, was superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under.
 * Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101(c) of Pub. L. 96-536, as amended, set out as a note under.
 * 1979—Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58761, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, which provided for the adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under.
 * Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on use of funds to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a note under.
 * 1978—Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, which provided for the adjustment of pay rates effective Oct. 1, 1978, was superseded by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, formerly set out as a note under.
 * Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above Level V of the Executive Schedule, see section 304 of Pub. L. 95-391 and section 613 of Pub. L. 95-429, set out as a note under.
 * 1977—Salary of Speaker of House of Representatives increased to $75,000 per annum; salaries of President pro tempore of Senate, majority leader and minority leader of Senate, and majority leader and minority leader of House of Representatives increased to $65,000 per annum; and salaries of Senators, Members of House of Representatives, Delegate to House of Representatives and Resident Commissioner from Puerto Rico increased to $57,500 per annum, on recommendation of the President of the United States effective at the beginning of the first pay period beginning after the 30th day following Jan. 17, 1977, set out as a note under.
 * Pub. L. 95-66, Sec. 1(2), July 11, 1977, 91 Stat. 270, set out as a note under, Government Organization and Employees, provided that the first adjustment which, but for the enactment of Pub. L. 95-66, would have been made in the annual rate of pay for Members of Congress under paragraph (2) of this section after July 11, 1977, would not take effect.
 * 1976—Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, which provided for the adjustment of pay rates effective Oct. 1, 1976, was superseded by Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, formerly set out as a note under.
 * 1975—Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, which provided for the adjustment of pay rates effective Oct. 1, 1975, was superseded by Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, formerly set out as a note under.
 * 1969—Salaries of Senators, Members of House of Representatives, and Resident Commissioner from Puerto Rico increased to $42,500, on recommendation of the President of the United States, effective at beginning of first pay period beginning after the 30th day following Jan. 15, 1969, set out as a note under.

Commission on Judicial and Congressional Salaries
 * Act Aug. 7, 1953, ch. 353, 67 Stat. 485, which established a Commission to determine appropriate rates of salaries for justices and judges of courts of United States and for Vice President, Speaker of House of Representatives, and Members of Congress, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 657.

Repealed
''Section, Pub. L. 98-63, title I, Sec. 908(a)-(c), July 30, 1983, 97 Stat. 337, 338; Pub. L. 99-190, Sec. 137, Dec. 19, 1985, 99 Stat. 1323; Pub. L. 101-194, title VI, Sec. 601(b)(2), title XI, Sec. 1101(b), Nov. 30, 1989, 103 Stat. 1762, 1782; Pub. L. 101-280, Sec. 7(b)(2)[(d)(2)], May 4, 1990, 104 Stat. 161, related to maximum amount of honoraria which could be accepted by Members of Congress.''