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2 U.S.C. § 358 — Recommendations of President with respect to pay

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 358 — Recommendations of President with respect to pay

(1) After considering the report and recommendations of the Commission submitted under [section 357 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section357&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section356&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section357&num=0&edition=prelim).

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Source location: Title 2, Chapter 11, § 358; chapter-011-citizens-commission-on-public-service-and-compensation.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5312 — Positions at level I

Level I of the Executive Schedule applies to the following positions for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 359 — Effective date of recommendations of President

(1) None of the President’s recommendations under [section 358 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section358&num=0&edition=prelim) shall take effect unless approved under paragraph (2). (2) (A) The recommendations of the President under [section 358 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section358&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section358&num=0&edition=prelim), 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) Exc

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 356 — Functions

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section352/8&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section202&num=0&edition=prelim). 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

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3110 — Employment of relatives; restrictions

**(a)** For the purpose of this section— (1) “agency” means— (A) an Executive agency; (B) an office, agency, or other establishment in the legislative branch; (C) an office, agency, or other establishment in the judicial branch; and (D) the government of the District of Columbia; (2) “public official” means an officer (including the President and a Member of Congress), a member of the uniformed service, an employee and any other individual, in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals, or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency; and (3) “relative” means, with respect to a public official, an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. **(b)** A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a civilian position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual. **(c)** An indi

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 351 — Establishment

There is hereby established a commission to be known as the Citizens’ Commission on Public Service and Compensation (hereinafter referred to as the “Commission”).

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 357 — Report by Commission to President with respect to pay

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section356&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 867 — Art. 67. Review by the Court of Appeals for the Armed Forces

**(a)** The Court of Appeals for the Armed Forces shall review the record in— (1) all cases in which the sentence, as affirmed by a Court of Criminal Appeals, extends to death; (2) all cases reviewed by a Court of Criminal Appeals which the Judge Advocate General, after appropriate notification to the other Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps, orders sent to the Court of Appeals for the Armed Forces for review; and (3) all cases reviewed by a Court of Criminal Appeals in which, upon petition of the accused and on good cause shown, the Court of Appeals for the Armed Forces has granted a review. **(b)** The accused may petition the Court of Appeals for the Armed Forces for review of a decision of a Court of Criminal Appeals within 60 days from the earlier of— (1) the date on which the accused is notified of the decision of the Court of Criminal Appeals; or (2) the date on which a copy of the decision of the Court of Criminal Appeals, after being served on appellate counsel of record for the accused (if any), is deposited in the United States mails for delivery by first-class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in his official service record. The Court of Appeals for the Armed Forces shall act upon such a petition promptly in accordance with the rules of the court. **(c)** (1) In any case reviewed by it, the Court of Appeals for the Armed Forces may act only with respect to— (A) the findings and sentence set forth in the entry of judgment, as affirmed or set aside as incorrect in law by the Court of Criminal Appeals; (B) a decision, judgment, or order by a military judge, a

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 136a–2 — Librarian of Congress and Deputy Librarian of Congress; compensation

Notwithstanding any other provision of law— (1) the Librarian of Congress shall be compensated at an annual rate of pay which is equal to the annual rate of basic pay payable for positions at level II of the Executive Schedule under [section 5313 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim); and (2) the Deputy Librarian of Congress shall be compensated at the greater of the rate of pay in effect for level III of the Executive Schedule under [section 5314 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5314&num=0&edition=prelim) or the maximum annual rate of basic pay payable under section 5376 of such title for positions at agencies with a performance appraisal system certified under section 5307(d) of such title.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1802 — Compensation

The compensation of the Architect of the Capitol shall be at an annual rate which is equal to the annual rate of basic pay for level II of the Executive Schedule under [section 5313 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 360 — Effect of recommendations on existing law and prior recommendations

The recommendations of the President taking effect as provided in [section 359 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section359&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section358&num=0&edition=prelim) and ending on the date of their approval under [section 359(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section359/2&num=0&edition=prelim)), and (B) any prior recommendations of the President which take effect under this chapter.

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