2 U.S.C. § 364

Provision relating to certain other pay adjustments

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(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.(Pub. L. 90–206, title II, § 225(n), as added Pub. L. 101–194, title VII, § 701(k), Nov. 30, 1989, 103 Stat. 1767.)Editorial NotesReferences in Text

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

Notes of Decisions

Cited in 1 case, 2001–2001 · leading case: Schaeffer v. Clinton, 240 F.3d 878 (10th Cir. 2001).

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Schaeffer v. Clinton, 240 F.3d 878 (10th Cir. 2001). “(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…”

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