Title 2, The CongressRelease 119-102

§364 Provision Relating to Certain Other Pay Adjustments

Title 2 › CHAPTER 11 — CITIZENS’ COMMISSION ON PUBLIC SERVICE AND COMPENSATION › § 364

Last updated Aug 21, 2026|Official source

Summary

Any law that raises pay for an office or position listed in subparagraphs (A), (B), (C), or (D) of section 356 must not go into effect until the next Congress begins after the Congress in which the law was passed. If such a law is passed between the Tuesday after the first Monday in November of an even-numbered year and noon on the following January 3, it is treated as if passed in the first session of the next Congress. The rule does not apply to increases that take effect under earlier parts of this chapter; to increases tied to the Employment Cost Index (as set out in section 704(a)(1) of the Ethics Reform Act of 1989) or that replace that index-based adjustment; or to increases that take effect under section 702 or 703 of the Ethics Reform Act of 1989.

Full Legal Text

Title 2, §364

The Congress, Source: USLM XML via OLRC

(1)A provision of law increasing the rate of pay payable for an office or position within the purview of subparagraph (A), (B), (C), or (D) of section 356 of this title shall not take effect before the beginning of the Congress following the Congress during which such provision is enacted.
(2)For purposes of this section, a provision of law enacted during the period beginning on the Tuesday following the first Monday of November of an even-numbered year of any Congress and ending at noon on the following January 3 shall be considered to have been enacted during the first session of the following Congress.
(3)Nothing in this section shall be considered to apply with respect to any pay increase—
(A)which takes effect under the preceding sections of this chapter;
(B)which is based on a change in the Employment Cost Index (as determined under section 704(a)(1) of the Ethics Reform Act of 1989) or which is in lieu of any pay adjustment which might otherwise be made in a year based on a change in such index (as so determined); or
(C)which takes effect under section 702 or 703 of the Ethics Reform Act of 1989.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 702, 703, and 704(a)(1) of the Ethics Reform Act of 1989, referred to in par. (3)(B), (C), are section 702, 703, and 704(a)(1) of Pub. L. 101–194 which are set out as notes under section 5303 and 5318 of Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

2 U.S.C. § 364

Title 2, The Congress

Last Updated

Aug 21, 2026

Release point: 119-102