US (United States) Code. Title 25. Chapter 11: Citizens Comission on Public Service and Compensation

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Congress

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2 USC CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC

SERVICE AND COMPENSATION 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

.

-HEAD-

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-MISC1-

Sec.

351. Establishment.

352. Membership.

353. Executive Director; additional personnel; detail of personnel

of other agencies.

354. Use of United States mails.

355. Administrative support services.

356. Functions.

356a. Omitted.

357. Report by Commission to President with respect to pay.

358. Recommendations of President with respect to pay.

359. Effective date of recommendations of President.

360. Effect of recommendations on existing law and prior

recommendations.

361. Publication of recommendations.

362. Requirements applicable to recommendations.

363. Additional function.

364. Provision relating to certain other pay adjustments.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 31 of this title; title 3

section 104; title 5 sections 5312 to 5316; title 26 section 7456;

title 28 sections 5, 44, 135, 252.

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2 USC Sec. 351 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-HEAD-

Sec. 351. Establishment

-STATUTE-

There is hereby established a commission to be known as the

Citizens' Commission on Public Service and Compensation

(hereinafter referred to as the ''Commission'').

-SOURCE-

(Pub. L. 90-206, title II, Sec. 225(a), Dec. 16, 1967, 81 Stat.

642; Pub. L. 101-194, title VII, Sec. 701(a), Nov. 30, 1989, 103

Stat. 1763.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-194 substituted ''Citizens' Commission on

Public Service and Compensation'' for ''Commission on Executive,

Legislative, and Judicial Salaries''.

EFFECTIVE DATE

Chapter effective Dec. 16, 1967, see section 220(a)(1) of Pub. L.

90-206, set out as a note under section 3110 of Title 5, Government

Organization and Employees.

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2 USC Sec. 352 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-HEAD-

Sec. 352. Membership

-STATUTE-

(1) The Commission shall be composed of 11 members, who shall be

appointed from private life as follows:

(A) 2 appointed by the President of the United States;

(B) 1 appointed by the President pro tempore of the Senate,

upon the recommendation of the majority and minority leaders of

the Senate;

(C) 1 appointed by the Speaker of the House of Representatives;

(D) 2 appointed by the Chief Justice of the United States; and

(E) 5 appointed by the Administrator of General Services in

accordance with paragraph (4).

(2) No person shall serve as a member of the Commission who is -

(A) an officer or employee of the Federal Government;

(B) registered (or required to register) under the Federal

Regulation of Lobbying Act; (FOOTNOTE 1) or

(FOOTNOTE 1) See References in Text note below.

(C) a parent, sibling, spouse, child, or dependent relative, of

anyone under subparagraph (A) or (B).

(3) The persons appointed under subparagraphs (A) through (D) of

paragraph (1) shall be selected without regard to political

affiliation, and should be selected from among persons who have

experience or expertise in such areas as government, personnel

management, or public administration.

(4) The Administrator of General Services shall by regulation

establish procedures under which persons shall be selected for

appointment under paragraph (1)(E). Such procedures -

(A) shall be designed in such a way so as to provide for the

maximum degree of geographic diversity practicable among members

under paragraph (1)(E);

(B) shall include provisions under which those members shall be

chosen by lot from among names randomly selected from voter

registration lists; and

(C) shall otherwise comply with applicable provisions of this

section.

(5) The chairperson shall be designated by the President.

(6) A vacancy in the membership of the Commission shall be filled

in the manner in which the original appointment was made.

(7) Each member of the Commission shall be paid at the rate of

$100 for each day such member is engaged upon the work of the

Commission and shall be allowed travel expenses, including a per

diem allowance, in accordance with section 5703 of title 5, when

engaged in the performance of services for the Commission.

(8)(A) The terms of office of persons first appointed as members

of the Commission shall be for the period of the 1993 fiscal year

of the Federal Government, and shall begin not later than February

14, 1993.

(B) After the close of the 1993 fiscal year of the Federal

Government, persons shall be appointed as members of the Commission

with respect to every fourth fiscal year following the 1993 fiscal

year. The terms of office of persons so appointed shall be for the

period of the fiscal year with respect to which the appointment is

made, except that, if any appointment is made after the beginning

and before the close of any such fiscal year, the term of office

based on such appointment shall be for the remainder of such fiscal

year.

(C)(i) Notwithstanding any provision of subparagraph (A) or (B),

members of the Commission may continue to serve after the close of

a fiscal year, if the date designated by the President under

section 357 of this title (relating to the date by which the

Commission is to submit its report to the President) is subsequent

to the close of such fiscal year, and only if or to the extent

necessary to allow the Commission to submit such report.

(ii) Notwithstanding any provision of section 353 of this title,

authority under such section shall remain available, after the

close of a fiscal year, so long as members of the Commission

continue to serve.

-SOURCE-

(Pub. L. 90-206, title II, Sec. 225(b), Dec. 16, 1967, 81 Stat.

642; Pub. L. 99-190, Sec. 135(a), Dec. 19, 1985, 99 Stat. 1322;

Pub. L. 101-194, title VII, Sec. 701(b), Nov. 30, 1989, 103 Stat.

1763.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Regulation of Lobbying Act, referred to in par.

(2)(B), is title III of act Aug. 2, 1946, ch. 753, 60 Stat. 839,

which was classified generally to chapter 8A (Sec. 261 et seq.) of

this title, prior to repeal by Pub. L. 104-65, Sec. 11(a), Dec. 19,

1995, 109 Stat. 701. For complete classification of this Act to the

Code, see Tables.

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AMENDMENTS

1989 - Pub. L. 101-194 amended section generally, substituting

pars. (1) to (8) for former pars. (1) to (5).

1985 - Par. (3). Pub. L. 99-190 inserted ''and with respect to

fiscal year 1987'' at end of first sentence.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 353, 356 of this title.

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2 USC Sec. 353 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-HEAD-

Sec. 353. Executive Director; additional personnel; detail of

personnel of other agencies

-STATUTE-

(1) Without regard to the provisions of title 5 governing

appointments in the competitive service, and the provisions of

chapter 51 and subchapter III of chapter 53 of such title, relating

to classification and General Schedule pay rates, and on a

temporary basis for periods covering all or part of any fiscal year

referred to in subparagraphs (A) and (B) of section 352(8) of this

title -

(A) the Commission is authorized to appoint an Executive

Director and fix his basic pay at the rate provided for level V

of the Executive Schedule by section 5316 of title 5; and

(B) with the approval of the Commission, the Executive Director

is authorized to appoint and fix the basic pay (at respective

rates not in excess of the maximum rate of the General Schedule

in section 5332 of title 5) of such additional personnel as may

be necessary to carry out the function of the Commission.

(2) Upon the request of the Commission, the head of any

department, agency, or establishment of any branch of the Federal

Government is authorized to detail, on a reimbursable basis, for

periods covering all or part of any fiscal year referred to in

subparagraphs (A) and (B) of section 352(8) of this title, any of

the personnel of such department, agency, or establishment to

assist the Commission in carrying out its function.

-SOURCE-

(Pub. L. 90-206, title II, Sec. 225(c), Dec. 16, 1967, 81 Stat.

643; Pub. L. 101-194, title VII, Sec. 701(c), Nov. 30, 1989, 103

Stat. 1764.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in par. (1), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

-MISC2-

AMENDMENTS

1989 - Pub. L. 101-194 substituted ''subparagraphs (A) and (B) of

section 352(8) of this title'' for ''section 352(2) and (3) of this

title'' in pars. (1) and (2).

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 352 of this title.

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2 USC Sec. 354 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-HEAD-

Sec. 354. Use of United States mails

-STATUTE-

The Commission may use the United States mails in the same manner

and upon the same conditions as other departments and agencies of

the United States.

-SOURCE-

(Pub. L. 90-206, title II, Sec. 225(d), Dec. 16, 1967, 81 Stat.

643.)

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2 USC Sec. 355 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-HEAD-

Sec. 355. Administrative support services

-STATUTE-

The Administrator of General Services shall provide

administrative support services for the Commission on a

reimbursable basis.

-SOURCE-

(Pub. L. 90-206, title II, Sec. 225(e), Dec. 16, 1967, 81 Stat.

643.)

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2 USC Sec. 356 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-HEAD-

Sec. 356. Functions

-STATUTE-

The Commission shall conduct, in each of the respective fiscal

years referred to in subparagraphs (A) and (B) of section 352(8) of

this title, a review of the rates of pay of -

(A) the Vice President of the United States, Senators, Members

of the House of Representatives, the Resident Commissioner from

Puerto Rico, the Speaker of the House of Representatives, the

President pro tempore of the Senate, and the majority and

minority leaders of the Senate and the House of Representatives;

(B) offices and positions in the legislative branch referred to

in subsections (a), (b), (c), and (d) of section 203 of the

Federal Legislative Salary Act of 1964 (78 Stat. 415; Public Law

88-426);

(C) justices, judges, and other personnel in the judicial

branch referred to in section 403 of the Federal Judicial Salary

Act of 1964 (78 Stat. 434; Public Law 88-426) except bankruptcy

judges, but including the judges of the United States Court of

Federal Claims;

(D) offices and positions under the Executive Schedule in

subchapter II of chapter 53 of title 5; and

(E) the Governors of the Board of Governors of the United

States Postal Service appointed under section 202 of title 39.

Such review by the Commission shall be made for the purpose of

determining and providing -

(i) the appropriate pay levels and relationships between and

among the respective offices and positions covered by such

review, and

(ii) the appropriate pay relationships between such offices and

positions and the offices and positions subject to the provisions

of chapter 51 and subchapter III of chapter 53 of title 5,

relating to classification and General Schedule pay rates.

In reviewing the rates of pay of the offices or positions referred

to in subparagraph (D) of this section, the Commission shall

determine and consider the appropriateness of the executive levels

of such offices and positions.

-SOURCE-

(Pub. L. 90-206, title II, Sec. 225(f), Dec. 16, 1967, 81 Stat.

643; Pub. L. 91-375, Sec. 6(a), Aug. 12, 1970, 84 Stat. 775; Pub.

L. 94-82, title II, Sec. 206(a), Aug. 9, 1975, 89 Stat. 423; Pub.

L. 95-598, title III, Sec. 301, Nov. 6, 1978, 92 Stat. 2673; Pub.

L. 97-164, title I, Sec. 143, Apr. 2, 1982, 96 Stat. 45; Pub. L.

99-190, Sec. 135(b), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 100-202,

Sec. 101(a) (title IV, Sec. 408(c)), Dec. 22, 1987, 101 Stat. 1329,

1329-27; Pub. L. 101-194, title VII, Sec. 701(d), Nov. 30, 1989,

103 Stat. 1764; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29,

1992, 106 Stat. 4516.)

-REFTEXT-

REFERENCES IN TEXT

Subsections (a), (b), (c), and (d) of section 203 of the Federal

Legislative Salary Act of 1964 (78 Stat. 415; Public Law 88-426),

referred to in par. (B), are subsecs. (a) to (d) of section 203 of

Pub. L. 88-426, title II, Aug. 14, 1964, 78 Stat. 415. Subsecs. (a)

and (b), which originally related to compensation of the

Comptroller General and Assistant Comptroller General,

respectively, of the United States, were classified to section 42a

of former Title 31, Money and Finance. Subsec. (c), which

originally related to compensation of the General Counsel of the

United States General Accounting Office, the Librarian of Congress,

the Public Printer, and the Architect of the Capitol, was

classified to sections 136a and 1802 of this title, section 51a of

former Title 31, and section 39a of former Title 44, Public

Printing and Documents. Subsec. (d), which originally related to

compensation of the Deputy Librarian of Congress, the Deputy Public

Printer, and the Assistant Architect of the Capitol, was classified

to section 136a-1 of this title, section 166b of former Title 40,

Public Buildings, Property, and Works, and section 39a of former

Title 44. Sections 136a (Librarian of Congress) and 136a-1 (Deputy

Librarian of Congress) of this title were omitted from the Code as

superseded by section 136a-2 of this title. Sections 42a

(Comptroller General and Deputy Comptroller General) and 51a

(General Counsel of General Accounting Office) of former Title 31

were repealed, and restated in sections 703(f) and 731(c) of Title

31, Money and Finance, by Pub. L. 97-258, Sec. 1, 5(b), Sept. 13,

1982, 96 Stat. 889, 897, 1068. Section 166b (Assistant Architect of

the Capitol) of former Title 40 was omitted from the Code as

superseded by section 166b-3a of former Title 40 (now section 1848

of this title) and was repealed by Pub. L. 107-217, Sec. 6(b), Aug.

21, 2002, 116 Stat. 1304. Section 39a (Public Printer and Deputy

Public Printer) of former Title 44 was repealed, and restated in

section 303 of Title 44, Public Printing and Documents, by Pub. L.

90-620, Sec. 1, 3, Oct. 22, 1968, 82 Stat. 1239, 1306.

The rates of pay of justices, judges, and other personnel in the

judicial branch, referred to in par. (C), are set out in section

867 of Title 10, Armed Forces; section 7443 of Title 26, Internal

Revenue Code; and sections 5, 44, 135, 173, 213, 252, 603, and 792

of Title 28, Judiciary and Judicial Procedure.

-MISC2-

AMENDMENTS

1992 - Par. (C). Pub. L. 102-572 substituted ''United States

Court of Federal Claims'' for ''United States Claims Court''.

1989 - Pub. L. 101-194 substituted ''subparagraphs (A) and (B) of

section 352(8) of this title'' for ''section 352(2) and (3) of this

title''.

1987 - Par. (C). Pub. L. 100-202 substituted ''except bankruptcy

judges, but including'' for ''and magistrates and''.

1985 - Pub. L. 99-190 inserted last sentence relating to review

of rates of pay of offices or positions.

1982 - Par. (C). Pub. L. 97-164 inserted reference to judges of

the United States Claims Court.

1978 - Par. (C). Pub. L. 95-598 struck out reference to section

402(d) and inserted reference to magistrates.

1975 - Par. (A). Pub. L. 94-82 inserted ''the Vice President of

the United States'' before ''Senators'', and ''the Speaker of the

House of Representatives, the President pro tempore of the Senate,

and the majority and minority leaders of the Senate and the House

of Representatives'' after ''Puerto Rico''.

1970 - Par. (E). Pub. L. 91-375 added par. (E).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-202 effective Oct. 1, 1988, and any

salary affected by the amendment to be adjusted at beginning of

first applicable pay period commencing on or after such date, see

section 101(a) (title IV, Sec. 408(d)) of Pub. L. 100-202, set out

as a note under section 153 of Title 28, Judiciary and Judicial

Procedure.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(a) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by the Board of Governors of

the United States Postal Service and published by it in the Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

EFFECTIVE RATES OF PAY PENDING CHANGES IN RATES PURSUANT TO FEDERAL

SALARY ACT OF 1967

Section 206(b) of Pub. L. 94-82 provided that: ''Until such time

as a change in the rate of pay of the offices referred to in the

amendment made by subsection (a) of this section (amending par. (A)

of this section) occurs under the provisions of the Federal Salary

Act of 1967 (2 U.S.C. 351-361), as amended by subsection (a) of

this section, such rates of pay shall be the rates of pay in effect

immediately prior to the date of enactment of this Act (Aug. 9,

1975), as adjusted under sections 203 and 204 of this title

(amending sections 31, 60a note, 136a and 136a-1 of this title,

section 104 of Title 3, The President, sections 42a and 51a of

former Title 31, Money and Finance, sections 162a and 166b of

former Title 40, Public Buildings, Property, and Works, and section

303 of Title 44, Public Printing and Documents).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 60a-2a, 357, 358, 362,

363, 364 of this title.

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2 USC Sec. 356a 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-HEAD-

Sec. 356a. Omitted

-COD-

CODIFICATION

Section, Pub. L. 94-440, title II, Sec. 100, Oct. 1, 1976, 90

Stat. 1446, the Legislative Branch Appropriation Act, 1977, which

provided salary rate limitations for positions or offices referred

to in section 356 of this title, applied to fiscal year 1977 and

was not repeated in subsequent appropriation acts. See decision

B-145492 of the Comptroller General of the United States, dated

Sept. 21, 1976. Pub. L. 94-440, title II, Sec. 100, is set out as a

note under section 5318 of Title 5, Government Organization and

Employees.

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2 USC Sec. 357 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-HEAD-

Sec. 357. Report by Commission to President with respect to pay

-STATUTE-

The Commission shall submit to the President a report of the

results of each review conducted by the Commission with respect to

rates of pay for the offices and positions within the purview of

subparagraphs (A), (B), (C), and (D) of section 356 of this title,

together with its recommendations. Each such report shall be

submitted on such date as the President may designate but not later

than December 15 next following the close of the fiscal year in

which the review is conducted by the Commission.

-SOURCE-

(Pub. L. 90-206, title II, Sec. 225(g), Dec. 16, 1967, 81 Stat.

644; Pub. L. 99-190, Sec. 135(c), Dec. 19, 1985, 99 Stat. 1322;

Pub. L. 101-194, title VII, Sec. 701(e), Nov. 30, 1989, 103 Stat.

1764.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-194 amended section catchline generally and in

text substituted ''Commission with respect to rates of pay for''

for ''Commission of'' and ''December 15 next following the close of

the fiscal year in which the review is conducted by the

Commission.'' for ''December 15 of the fiscal year in which the

review is conducted by the Commission.''

1985 - Pub. L. 99-190 substituted ''December 15'' for ''January 1

next following the close''.

1985 FISCAL YEAR RECOMMENDATIONS ON PAY RATES OF OFFICES AND

POSITIONS

Section 135(g) of Pub. L. 99-190 provided that: ''Notwithstanding

section 225(g) of such Act (2 U.S.C. 357), the Commission on

Executive, Legislative, and Judicial Salaries shall not make

recommendations on the rates of pay of offices and positions within

the purview of subparagraphs (A), (B), (C), and (D) of section

225(f) of such Act (2 U.S.C. 356) in connection with the review of

rates of pay of such offices and positions conducted by the

Commission in fiscal year 1985.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 352, 358, 362, 363 of

this title.

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2 USC Sec. 358 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-HEAD-

Sec. 358. Recommendations of President with respect to pay

-STATUTE-

(1) After considering the report and recommendations of the

Commission submitted under section 357 of this title, the President

shall transmit to Congress his recommendations with respect to the

exact rates of pay, for offices and positions within the purview of

subparagraphs (A), (B), (C), and (D) of section 356 of this title,

which the President considers to be fair and reasonable in light of

the Commission's report and recommendations, the prevailing market

value of the services rendered in the offices and positions

involved, the overall economic condition of the country, and the

fiscal condition of the Federal Government.

(2) The President shall transmit his recommendations under this

section to Congress on the first Monday after January 3 of the

first calendar year beginning after the date on which the

Commission submits its report and recommendations to the President

under section 357 of this title.

-SOURCE-

(Pub. L. 90-206, title II, Sec. 225(h), Dec. 16, 1967, 81 Stat.

644; Pub. L. 99-190, Sec. 135(d), Dec. 19, 1985, 99 Stat. 1322;

Pub. L. 101-194, title VII, Sec. 701(f), Nov. 30, 1989, 103 Stat.

1765.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-194 amended section generally. Prior to

amendment, section read as follows: ''The President shall include,

in the budget next transmitted under section 1105(a) of title 31 by

him to the Congress after the date of the submission of the report

and recommendations of the Commission under section 357 of this

title, his recommendations with respect to the exact rates of pay

which he deems advisable, for those offices and positions within

the purview of subparagraphs (A), (B), (C), and (D) of section 356

of this title.''

1985 - Pub. L. 99-190 inserted reference to section 1105(a) of

title 31, and struck out last sentence defining ''budget''.

COMMISSION'S FIRST REPORT AFTER JULY 30, 1983, TO INCLUDE

RECOMMENDATION FOR APPROPRIATE SALARY FOR MEMBERS OF CONGRESS;

PROHIBITION ON RECEIPT OF HONORARIA

Pub. L. 98-63, title I, Sec. 908(e), July 30, 1983, 97 Stat. 338,

which directed Commission on Executive, Legislative, and Judicial

Salaries to include in first report required to be submitted by it

after July 30, 1983, a recommendation for an appropriate salary for

Members, which recommendation was to assume a prohibition on

receipt of honoraria by Members, was repealed by Pub. L. 102-90,

title I, Sec. 6(c), Aug. 14, 1991, 105 Stat. 451.

COMPENSATION AND EMOLUMENTS OF ATTORNEY GENERAL

Pub. L. 94-2, Feb. 18, 1975, 89 Stat. 4, provided in part that

the compensation and other emoluments attached to the Office of the

Attorney General on and after Feb. 4, 1975, shall be those that on

or after Feb. 18, 1975, attach to offices and positions at level I

of the Executive Schedule (section 5312 of Title 5).

RECOMMENDATIONS FOR INCREASES IN EXECUTIVE, LEGISLATIVE, AND

JUDICIAL SALARIES

TRANSMITTED TO CONGRESS JAN. 9, 1989

H.DOC. NO. 101-21, CONG. REC., VOL. 135, PT. 1, P. 251, JAN. 19,

1989

Dear Mr. Speaker: (Dear Mr. President:) (FOOTNOTE 1)

As required by section 225 of the Federal Salary Act of 1967,

Public Law 90-206 (2 U.S.C. 351 et seq.), the latest Quadrennial

Commission on Executive, Legislative, and Judicial Salaries

(''Commission'') has submitted to me recommendations on salaries

for Senators, Representatives, Federal judges, Cabinet officers,

and other agency heads, and certain other officials in the

executive, legislative, and judicial branches.

The statute requires that, in the budget next submitted after

receipt of the report of the Commission, I set forth

recommendations for adjustment of these salaries. Pursuant to

section 225(i), as amended by section 135 of Public Law 99-190 (2

U.S.C. 359), these recommendations will be effective unless

Congress disapproves the recommendation by a joint resolution

within 30 days following the transmittal of my budget.

The Commission's report, submitted to me on December 14, 1988,

documented both the substantial erosion in the real level of

Federal executive pay that has occurred since 1969 and the

recruitment and retention problems that have resulted, especially

for the Federal judiciary. The Commission is to be commended for

its diligent and conscientious effort to address the complicated

and complex problems associated with Federal pay levels.

The Commission found that Federal executives and legislators have

experienced a decline of approximately 35 percent in real salaries

since 1969. In contrast, the salaries of General Schedule employees

have declined by only 8 percent over the same period. The

Commission's recommendations go a long way towards compensating for

this salary erosion, but they do not make up the full gap. For

example, for an official at Executive Level II, which is also the

Congressional salary rate, the salary level adjusted for inflation

since 1969 would be $140,340, while the Commission's recommendation

is $135,000.

Every one of the Commissions that has met over the past 20 years

concluded that a pay increase for key Federal officials was

necessary. Each Commission found that pay for senior Government

officials fell far behind that of their counterparts in the private

sector. They also surmised that we cannot afford a Government

composed primarily of those wealthy enough to serve.

In accepting the Commission's salary recommendations, I recognize

that we are under a mandate to reduce the Federal deficit and hold

the costs of Government to an absolute minimum. Thus, while I have

decided to propose a pay increase that accepts in full the salary

recommendations made by the Commissioners in their report to me

last month, this proposal will not increase the deficit; the

funding for the pay increase will be fully absorbed within proposed

budget levels.

This increase fulfills my promise made in January 1987, that,

assuming continued progress toward eliminating the deficit and

favorable economic conditions, I would recommend another step

toward overcoming the erosion of real income.

While this represents a substantial increase in salaries, it is

coupled with the salutary recommendation of a ban on receipt of all

honoraria in all branches of Government. Although my recommendation

concerning honoraria has no legal effect, I urge the swiftest

possible consideration of this important reform. The Commission

further recommended that Congress enact legislation to bar

officials in the three branches from receiving honoraria. I

endorse these recommendations of the Commission as an appropriate

step toward better government. A salary increase and a prohibition

on receipt of honoraria together will help ensure that the

Government is able to attract and keep talented senior officials

and that the questions that arise from outside payments of

honoraria are put to rest.

Accordingly, pursuant to subparagraphs (A), (B), (C), and (D) of

section 225(f) and section 225(h) of Public Law 90-206 (81 Stat.

643 and 644), as amended (2 U.S.C. 356(A)-(D), 358) (this section):

For the Vice President of the United States

$175,000

For offices and positions under the Executive Schedule in

subchapter II of chapter 53 of title 5, United States Code, as

follows:

Positions at level I

155,000

Positions at level II

135,000

Positions at level III

125,000

Positions at level IV

120,000

Positions at level V

115,000

For the Speaker of the House of Representatives

175,000

For the President Pro Tempore of the Senate, majority leader and

minority leader of the Senate, and majority leader and minority

leader of the House of Representatives

155,000

For Senators, Members of the House of Representatives, Delegates to

the House of Representatives, and the Resident Commissioner from

Puerto Rico

135,000

For other officers and positions in the legislative branch as

follows:

Comptroller General of the United States

135,000

Deputy Comptroller General of the United States, Librarian of

Congress, and Architect of the Capitol

125,000

General Counsel of the General Accounting Office, Deputy Librarian

of Congress, and Assistant Architect of the Capitol

120,000

For Justices, judges, and other personnel in the judicial branch as

follows:

Chief Justice of the United States

175,000

Associate Justices of the Supreme Court

165,000

Judges:

U.S. Courts of Appeals

140,000

Court of Military Appeals

140,000

U.S. District Courts

135,000

Court of International Trade

135,000

Tax Court of the United States

135,000

U.S. Claims Court

135,000

Sincerely, Ronald Reagan.

(FOOTNOTE 1) Editorial note. This is the text of identical

letters addressed to the Speaker of the House of Representatives

and the President of the Senate, which were transmitted on January

9, 1989.

DISAPPROVAL OF SALARY RECOMMENDATIONS FOR 1989 INCREASES

Pub. L. 101-1, Feb. 7, 1989, 102 Stat. 3, provided: ''That the

Congress disapproves in their entirety the recommendations

transmitted to the Congress by the President on January 9, 1989,

under section 225(h) of the Federal Salary Act of 1967.''

PRIOR SALARY RECOMMENDATIONS

A prior recommendation of the President for increases in

executive, legislative, and judicial salaries, which was

transmitted to Congress on Jan. 5, 1987 (52 F.R. 4125; 101 Stat.

1967), was disapproved by Pub. L. 100-6, Sec. 3, Feb. 12, 1987, 101

Stat. 94. However, such recommendation became effective pursuant to

section 359 of this title.

A prior recommendation of the President for increases in

executive, legislative, and judicial salaries, which was

transmitted to Congress on Jan. 7, 1981 (H.Doc. No. 97-6, Cong.

Rec., vol. 127, pt. 1, p. 241, Jan. 9, 1981), was disapproved by

House Resolution No. 109, Ninety-sixth Congress, Mar. 12, 1981,

Senate Resolution No. 89, Ninety-sixth Congress, Mar. 12, 1981,

Senate Resolution No. 90, Ninety-sixth Congress, Mar. 12, 1981,

Senate Resolution No. 91, Ninety-sixth Congress, Mar. 12, 1981, and

Senate Resolution No. 92, Ninety-sixth Congress, Mar. 12, 1981.

A prior recommendation of the President for increases in

executive, legislative, and judicial salaries was transmitted to

Congress on Jan. 17, 1977 (42 F.R. 10297; 91 Stat. 1643).

A prior recommendation of the President for increases in

executive, legislative, and judicial salaries was transmitted to

Congress on Jan. 15, 1969 (34 F.R. 2241; 83 Stat. 863).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 359, 360, 362 of this

title.

-CITE-

2 USC Sec. 359 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-HEAD-

Sec. 359. Effective date of recommendations of President

-STATUTE-

(1) None of the President's recommendations under section 358 of

this title shall take effect unless approved under paragraph (2).

(2)(A) The recommendations of the President under section 358 of

this title shall be considered approved under this paragraph if

there is enacted into law a bill or joint resolution approving such

recommendations in their entirety. This bill or joint resolution

shall be passed by recorded vote to reflect the vote of each Member

of Congress thereon.

(B)(i) The provisions of this subparagraph are enacted by the

Congress -

(I) as an exercise of the rulemaking power of the Senate and

the House of Representatives and as such shall be considered as

part of the rules of each House, and shall supersede other rules

only to the extent that they are inconsistent therewith; and

(II) with full recognition of the constitutional right of

either House to change the rules (so far as they relate to the

procedures of that House) at any time, in the same manner, and to

the same extent as in the case of any other rule of that House.

(ii) During the 60-calendar-day period beginning on the date that

the President transmits his recommendations to the Congress under

section 358 of this title, it shall be in order as a matter of

highest privilege in each House of Congress to consider a bill or

joint resolution, if offered by the majority leader of such House

(or a designee), approving such recommendations in their entirety.

(3) Except as provided in paragraph (4), any recommended pay

adjustment approved under paragraph (2) shall take effect as of the

date proposed by the President under section 358 of this title with

respect to such adjustment.

(4)(A) Notwithstanding the approval of the President's pay

recommendations in accordance with paragraph (2), none of those

recommendations shall take effect unless, between the date on which

the bill or resolution approving those recommendations is signed by

the President (or otherwise becomes law) and the earliest date as

of which the President proposes (under section 358 of this title)

that any of those recommendations take effect, an election of

Representatives shall have intervened.

(B) For purposes of this paragraph, the term ''election of

Representatives'' means an election held on the Tuesday following

the first Monday of November in any even-numbered calendar year.

-SOURCE-

(Pub. L. 90-206, title II, Sec. 225(i), Dec. 16, 1967, 81 Stat.

644; Pub. L. 95-19, title IV, Sec. 401(a), Apr. 12, 1977, 91 Stat.

45; Pub. L. 99-190, Sec. 135(e), Dec. 19, 1985, 99 Stat. 1322; Pub.

L. 101-194, title VII, Sec. 701(g), Nov. 30, 1989, 103 Stat. 1765.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-194 amended section generally. Prior to

amendment, section read as follows:

''(1) The recommendations of the President which are transmitted

to the Congress pursuant to section 358 of this title shall be

effective as provided in paragraph (2) of this section unless any

such recommendation is disapproved by a joint resolution agreed to

by the Congress not later than the last day of the 30-day period

which begins on the date of which such recommendations are

transmitted to the Congress.

''(2) The effective date of the rate or rates of pay which take

effect for an office or position under paragraph (1) of this

section shall be the first day of the first pay period which begins

for such office or position after the end of the 30-day period

described in such paragraph.''

1985 - Par. (1). Pub. L. 99-190 amended par. (1) generally,

substituting provisions relating to the effective date of

Presidential recommendations transmitted to Congress pursuant to

section 358 of this title, for provisions relating to voting

requirements and procedures for Presidential recommendations to

Congress.

Par. (2). Pub. L. 99-190 amended par. (2) generally, substituting

provisions relating to effective date of rates of pay for offices

or positions under par. (1), for provisions relating to later

operative dates of Presidential recommendations.

1977 - Par. (1). Pub. L. 95-19 substituted provisions directing

each house of the Congress to conduct a separate vote within sixty

days on each Presidential recommendation with respect to the

offices and positions described in section 356(A), (B), (C), and

(D) of this title, with the votes to be recorded so as to reflect

the votes of each individual member and with each recommendation,

if approved, to become effective for the offices and positions

covered at the beginning of the first pay period which begins after

the thirtieth day following the approval of the recommendation by

the second house of the Congress to approve the recommendation, for

provisions directing that all or part of the recommendations of the

President transmitted to the Congress in the budget under section

358 of this title be effective at the beginning of the first pay

period beginning after the thirtieth day following the transmittal

of the recommendations to the budget, but only to the extent that,

between the date of transmittal of the recommendations in the

budget and the beginning of the pay period, there has not been

enacted into law a statute establishing rates of pay other than the

rates set in the recommendation, neither house of the Congress

specifically disapproves all or part of the recommendations, or

both.

Par. (2). Pub. L. 95-19 reenacted par. (2) without change.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 360 of this title.

-CITE-

2 USC Sec. 360 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-HEAD-

Sec. 360. Effect of recommendations on existing law and prior

recommendations

-STATUTE-

The recommendations of the President taking effect as provided in

section 359 of this title shall be held and considered to modify,

supersede, or render inapplicable, as the case may be, to the

extent inconsistent therewith -

(A) all provisions of law enacted prior to the effective date

or dates of all or part (as the case may be) of such

recommendations (other than any provision of law enacted with

respect to such recommendations in the period beginning on the

date the President transmits his recommendations to the Congress

under section 358 of this title and ending on the date of their

approval under section 359(2) of this title), and

(B) any prior recommendations of the President which take

effect under this chapter.

-SOURCE-

(Pub. L. 90-206, title II, Sec. 225(j), Dec. 16, 1967, 81 Stat.

644; Pub. L. 95-19, title IV, Sec. 401(b), Apr. 12, 1977, 91 Stat.

46; Pub. L. 99-190, Sec. 135(f), Dec. 19, 1985, 99 Stat. 1322; Pub.

L. 101-194, title VII, Sec. 701(h), Nov. 30, 1989, 103 Stat. 1766.)

-MISC1-

AMENDMENTS

1989 - Cl. (A). Pub. L. 101-194 substituted ''(other than any

provision of law enacted with respect to such recommendations in

the period beginning on the date the President transmits his

recommendations to the Congress under section 358 of this title and

ending on the date of their approval under section 359(2) of this

title), and'' for ''(other than any provision of law enacted in the

period specified section 359 of this title with respect to such

recommendations), and''.

1985 - Pub. L. 99-190 substituted ''taking effect as provided in

section 359 of this title shall'' for ''transmitted to the Congress

immediately following a review conducted by the Commission in one

of the fiscal years referred to in section 352(2) and (3) of this

title shall, if approved by the Congress as provided in section 359

of this title,'', and in cl. (A) struck out ''in paragraph (1) of''

before ''section 359 of this title''.

1977 - Pub. L. 95-19 inserted '', if approved by the Congress as

provided in section 359 of this title,''.

-CITE-

2 USC Sec. 361 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-HEAD-

Sec. 361. Publication of recommendations

-STATUTE-

The recommendations of the President which take effect shall be

printed in the Statutes at Large in the same volume as public laws

and shall be printed in the Federal Register and included in the

Code of Federal Regulations.

-SOURCE-

(Pub. L. 90-206, title II, Sec. 225(k), Dec. 16, 1967, 81 Stat.

644.)

-CITE-

2 USC Sec. 362 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-HEAD-

Sec. 362. Requirements applicable to recommendations

-STATUTE-

Notwithstanding any other provision of this chapter, the

recommendations submitted by the Commission to the President under

section 357 of this title, and the recommendations transmitted by

the President to the Congress under section 358 of this title,

shall be in conformance with the following:

(1) Any recommended pay adjustment shall specify the date as of

which it is proposed that such adjustment take effect.

(2) The proposed effective date of a pay adjustment may occur

no earlier than January 1 of the second fiscal year, and no later

than December 31 next following the close of the fifth fiscal

year, beginning after the fiscal year in which the Commission

conducts its review under section 356 of this title.

(3)(A)(i) The rates of pay recommended for the Speaker of the

House of Representatives, the Vice President of the United

States, and the Chief Justice of the United States, respectively,

shall be equal.

(ii) The rates of pay recommended for the majority and minority

leaders of the Senate and the House of Representatives, the

President pro tempore of the Senate, and each office or position

under section 5312 of title 5 (relating to level I of the

Executive Schedule), respectively, shall be equal.

(iii) The rates of pay recommended for a Senator, a Member of

the House of Representatives, the Resident Commissioner from

Puerto Rico, a Delegate to the House of Representatives, a judge

of a district court of the United States, a judge of the United

States Court of International Trade, and each office or position

under section 5313 of title 5 (relating to level II of the

Executive Schedule), respectively, shall be equal.

(B) Nothing in this section shall be considered to require that

the rate recommended for any office or position by the President

under section 358 of this title be the same as the rate

recommended for such office or position by the Commission under

section 357 of this title.

-SOURCE-

(Pub. L. 90-206, title II, Sec. 225(l), as added Pub. L. 101-194,

title VII, Sec. 701(i), Nov. 30, 1989, 103 Stat. 1766.)

-CITE-

2 USC Sec. 363 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-HEAD-

Sec. 363. Additional function

-STATUTE-

The Commission shall, whenever it conducts a review under section

356 of this title, also conduct a review under this section

relating to any recruitment or retention problems, and any public

policy issues involved in maintaining appropriate ethical

standards, with respect to any offices or positions within the

Federal public service. Any findings or recommendations under this

section shall be included by the Commission as part of its report

to the President under section 357 of this title.

-SOURCE-

(Pub. L. 90-206, title II, Sec. 225(m), as added Pub. L. 101-194,

title VII, Sec. 701(j), Nov. 30, 1989, 103 Stat. 1767.)

-CITE-

2 USC Sec. 364 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 11 - CITIZENS' COMMISSION ON PUBLIC SERVICE AND

COMPENSATION

-HEAD-

Sec. 364. Provision relating to certain other pay adjustments

-STATUTE-

(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.

-SOURCE-

(Pub. L. 90-206, title II, Sec. 225(n), as added Pub. L. 101-194,

title VII, Sec. 701(k), Nov. 30, 1989, 103 Stat. 1767.)

-REFTEXT-

REFERENCES 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.

-CITE-