§ 362. Requirements applicable to recommendations

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.

1. 1989

   Federal Salary Act of 1967

   Pub. L. 90–206 title II § 225 · 81 Stat. 612

   Enacted · 2 U.S.C. § 362

   (Pub. L. 90–206, title II, § 225(l), as added Pub. L. 101–194, title VII, § 701(i), Nov. 30, 1989, 103 Stat. 1766.)

   Source evidence

   Code source credit
   (Pub. L. 90–206, title II, § 225(l), as added Pub. L. 101–194, title VII, § 701(i), Nov. 30, 1989, 103 Stat. 1766.)

   Enacted provision · exact public law section
   Sec. 225. commission on executive, legislative, and judicial salaries (a) Establishment of Commission.— There is hereby established a commission to be known as the Commission on Executive, Legislative, and Judicial Salaries (hereinafter referred to as the “Commission”). (b) Membership.— (1) The Commission shall be composed of nine members who shall be appointed from private life, as follows: (A) three appointed by the President of the United States, one of whom shall be designated as Chairman by the President; (B) two appointed by the President of the Senate: (C) two appointed by the Speaker of the House of Representatives; and (D) two appointed by the Chief Justice of the United States. (2) The terms of office of persons first appointed as members of the Commission shall be for the period of the 1969 fiscal year of the Federal Government, except that, if any appointment to membership on the Commission is made after the beginning and before the close of such fiscal year, the term of office based on such appointment shall be for the remainder of such fiscal year. (3) After the close of the 1969 fiscal year of the Federal Government, persons shall be appointed as members of the Commission with respect to every fourth fiscal year following the 1969 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. (4) A vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made. (5) Each member of the Commission shall be paid at the rate of Compensation; travel expenses. $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(b) of title 5, United States Code, when engaged in the performance of services for the Commission. 80 Stat. 499. (c) Personnel of Commission.— (1) Without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating 80 Stat. 443, 467; Ante, p. 625. 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 subsection (b) (2) and (3) of this section— (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, United States Code; and Ante, p. 638. (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, United States Code) of such additional personnel as may lie necessary to carry out the function of the Commission. (2) Upon the request of the Commission, the head of any department, Personnel detail. 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 subsection (b) (2) and (3) of this section, any of the personnel of such department, agency, or establishment to assist the Commission in carrying out its function. (d) Use of United States Mails by Commission.— 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. (e) Administrative Support Services.— The Administrator of General Services shall provide administrative support services for the Commission on a reimbursable basis. (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. (g) Report by Commission to the President.— The Commission shall submit to the President a report of the results of each review conducted by the Commission of the offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of subsection (f) of this section, together with its recommendations. Each such report shall be submitted on such date as the President may designate but not later than January 1 next following the close of the fiscal year in which the review is conducted by the Commission. (h) Recommendations of the President With Respect to Pay.— The President shall include, in the budget next transmitted by him to the Congress after the date of the submission of the report and recommendations of the Commission under subsection (g) of this section, 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 subsection (f) “Budget.” of this section. As used in this subsection, the term “budget” means the budget referred to in section 201 of the Budget and Accounting Act, 64 Stat. 832; 72 Stat. 852. 1921, as amended (31 U.S.C. 11). (i) Effective Date of Recommendations of the President.— (1) Except as provided in paragraph (2) of this subsection, all or part (as the case may be) of the recommendations of the President transmitted to the Congress in the budget under subsection (h) of this section shall become effective at the beginning of the first pay period which begins after the thirtieth day following the transmittal of such recommendations in the budget; but only to the extent that, between the date of transmittal of such recommendations in the budget and the beginning of such first pay period— (A) there has not been enacted into law a statute which establishes rates of pay other than those proposed by all or part of such recommendations, (B) neither House of the Congress has enacted legislation which specifically disapproves all or part of such recommendations, or (C) both. (2) Any part of the recommendations of the President may, in accordance with express provisions of such recommendations, be made operative on a date later than the date on which such recommendations otherwise are to take effect. (j) Effect of Recommendations of the President on Existing Law and Prior Presidential Recommendations.— The recommendations of the President transmitted to the Congress immediately following a review conducted by the Commission in one of the fiscal years referred to in subsection (b) (2) and (3) of this section 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 in the period specified in paragraph (1) of subsection (i) of this section with respect to such recommendations), and (B) any prior recommendations of the President which take effect under this section. (k) Publication of Recommendations of the President.— 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.

1 of 1 references resolved to an enrolled provision