Title 2 — The Congress
Chapter 11 — Citizens’ Commission on Public Service and Compensation
§ 356. Functions
Statutory text
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—
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;
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);
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;
offices and positions under the Executive Schedule in subchapter II of chapter 53 of title 5; and
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—
the appropriate pay levels and relationships between and among the respective offices and positions covered by such review, and
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Federal Salary Act of 1967
Pub. L. 90–206 title II § 225(f) · 81 Stat. 612
Enacted · 2 U.S.C. § 356
Pub. L. 90–206, title II, § 225(f), Dec. 16, 1967, 81 Stat. 643
Source evidence
Code source credit
Pub. L. 90–206, title II, § 225(f), Dec. 16, 1967, 81 Stat. 643Enacted provision · exact public law section
(f) Function.— The Commission shall conduct, in each of the respective fiscal years referred to in subsection (b) (2) and (3) of this section, a review of the rates of pay of— (A) Senators, Members of the House of Representatives, and the Resident Commissioner from Puerto Rico; (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 sections 402(d) and 403 of the Federal Judicial Salary Act of 1964 (78 Stat. 434; Public Law 88–426); and (D) “offices and positions under the Executive Schedule in subchapter II of chapter 53 of title 5, United States Code. 80 Stat. 460; Ante, p. 638. 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, United 80 Stat. 443, 467; Ante, p, 625. States Code, relating to classification and General Schedule pay rates.Postal Reorganization Act
Pub. L. 91–375 § 6(a) · 84 Stat. 719
Added · 2 U.S.C. § 356(E)
Pub. L. 91–375 added par. (E)
Source evidence
Code amendment note
Par. (E). Pub. L. 91–375 added par. (E).Enacted provision · exact public law section
(a) Section 225(f) of the Act of December 16, 1967 (81 Stat. 643; 2 U.S.C. 356), is amended— (1) by striking out the word “and” at the end of paragraph (C); (2) by striking out the period at the end of paragraph (D) and inserting in lieu thereof “; and”; and (3) by adding after paragraph (D) a new paragraph (E) as follows: “(E) the Governors of the Board of Governors of the United States Postal Service appointed under section 202 of title 39, United States Code.”.Executive Salary Cost-of-Living Adjustment Act
Pub. L. 94–82 title II § 206(a) · 89 Stat. 419
Inserted · 2 U.S.C. § 356(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(a) Section 225(f) (A) of the Federal Salary Act of 1967 (2 U.S.C. 356(A)), is amended— (1) by inserting “the Vice President of the United States,” immediately before “Senators”; (2) by striking out “and” immediately after “Representatives,”; and (3) by inserting immediately before the semicolon a comma and the following: “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”.Pub. L. 95–598 title III § 301 · 92 Stat. 2549
Struck and inserted · 2 U.S.C. § 356(C)
Pub. L. 95–598 struck out reference to section 402(d) and inserted reference to magistrates
Source evidence
Code amendment note
Par. (C). Pub. L. 95–598 struck out reference to section 402(d) and inserted reference to magistrates.Enacted provision · exact public law section
Sec. 301. Section 225(f)(C) of the Federal Salary Act of 1967 (2 U.S.C. 356(C)) is amended— (1) by striking out “sections 402(d) and” and inserting “section” in lieu thereof; and (2) by inserting “and magistrates” immediately before the semicolon.Federal Courts Improvement Act of 1982
Pub. L. 97–164 title I § 143 · 96 Stat. 25
Inserted · 2 U.S.C. § 356(C)
Pub. L. 97–164 inserted reference to judges of the United States Claims Court
Source evidence
Code amendment note
Par. (C). Pub. L. 97–164 inserted reference to judges of the United States Claims Court.Enacted provision · exact public law section
Sec. 143. federal salary act Section 225(f)(C) of the Federal Salary Act of 1967 (2 U.S.C. 356(C)), is amended by inserting “and the judges of the United States Claims Court” immediately before the semicolon at the end thereof.Pub. L. 99–190 § 135(b) · 99 Stat. 1185
Inserted · 2 U.S.C. § 356
Pub. L. 99–190 inserted last sentence relating to review of rates of pay of offices or positions
Source evidence
Code amendment note
Pub. L. 99–190 inserted last sentence relating to review of rates of pay of offices or positions.Enacted provision · exact public law section
(b) Section 225(f) of such Act (2 U.S.C. 356) is amended by adding at the end thereof the following flush sentence: “In reviewing the rates of pay of the offices or positions referred to in subparagraph (D) of this subsection, the Commission shall determine and consider the appropriateness of the executive levels of such offices and positions.”.Department of Commerce Appropriation Act, 1988
Pub. L. 100–202 § 101(a)(tIV)(s408)(c) · 101 Stat. 1329
Substituted · 2 U.S.C. § 356(C)
Pub. L. 100–202 substituted “except bankruptcy judges, but including” for “and magistrates and”
Source evidence
Code amendment note
Par. (C). Pub. L. 100–202 substituted “except bankruptcy judges, but including” for “and magistrates and”.Enacted provision · exact public law section
Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.Ethics Reform Act of 1989
Pub. L. 101–194 title VII § 701(d) · 103 Stat. 1716
Substituted · 2 U.S.C. § 356
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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(d) Amendment to Section 225(f).— Section 225(f) of such Act (2 U.S.C. 356) is amended by striking “subsection (b) (2) and (3)” and inserting “subparagraphs (A) and (B) of subsection (b)(8)”.Court of Federal Claims Technical and Procedural Improvements Act of 1992
Pub. L. 102–572 title IX § 902(b)(1) · 106 Stat. 4506
Substituted · 2 U.S.C. § 356(C)
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”
Source evidence
Code amendment note
Par. (C). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.Enacted provision · exact public law section
(1) the “United States Claims Court” shall be deemed to refer to the “United States Court of Federal Claims”; andEffective date note
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.
9 of 9 references resolved to an enrolled provision
Editorial Notes
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, , 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, §§ 1, 5(b), , 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, § 6(b), , 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, §§ 1, 3, , 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.
Amendments1970–1992 · 8 rounds
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).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective , 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 , 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, § 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 , 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 , 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 , 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 Date
Section effective , 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.
Effective Rates of Pay Pending Changes in Rates Pursuant to Federal Salary Act of 1967
Pub. L. 94–82, title II, § 206(b), , 89 Stat. 423, 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 [], as adjusted under sections 203 and 204 of this title [amending sections 60a note, 136a, 136a–1, and 4501 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].”
Credits
1967–1992 · 9 acts
- 1967Pub. L. 90–206, title II, § 225(f), , 81 Stat. 643
- 1970Pub. L. 91–375, § 6(a), , 84 Stat. 775
- 1975Pub. L. 94–82, title II, § 206(a), , 89 Stat. 423
- 1978Pub. L. 95–598, title III, § 301, , 92 Stat. 2673
- 1982Pub. L. 97–164, title I, § 143, , 96 Stat. 45
- 1985Pub. L. 99–190, § 135(b), , 99 Stat. 1322
- 1987Pub. L. 100–202, § 101(a) [title IV, § 408(c)], , 101 Stat. 1329, 1329–27
- 1989Pub. L. 101–194, title VII, § 701(d), , 103 Stat. 1764
- 1992Pub. L. 102–572, title IX, § 902(b)(1), , 106 Stat. 4516.
Show as published
(Pub. L. 90–206, title II, § 225(f), , 81 Stat. 643; Pub. L. 91–375, § 6(a), , 84 Stat. 775; Pub. L. 94–82, title II, § 206(a), , 89 Stat. 423; Pub. L. 95–598, title III, § 301, , 92 Stat. 2673; Pub. L. 97–164, title I, § 143, , 96 Stat. 45; Pub. L. 99–190, § 135(b), , 99 Stat. 1322; Pub. L. 100–202, § 101(a) [title IV, § 408(c)], , 101 Stat. 1329, 1329–27; Pub. L. 101–194, title VII, § 701(d), , 103 Stat. 1764; Pub. L. 102–572, title IX, § 902(b)(1), , 106 Stat. 4516.)