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2 U.S.C. § 362 — Requirements applicable to recommendations

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

2 U.S.C. § 362 — Requirements applicable to recommendations

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Stable record: federal_law:legal_authorities:record_usc_d51f1fd56d606be7e79a8a42
Source file: Laws/federal/codes/united-states-code/title-2/section-362-requirements-applicable-to-recommendations--6096af8dab.md
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Source location: Title 2, Chapter 11, § 362; chapter-011-citizens-commission-on-public-service-and-compensation.md

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Notwithstanding any other provision of this chapter, the recommendations submitted by the Commission 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), and the recommendations transmitted by the President 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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section356&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5312&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section358&num=0&edition=prelim) be the same as the rate recommended for such office or position by the Commission 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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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. § 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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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. § 5313 — Positions at level II

Level II 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. § 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

2 U.S.C. § 362 — Requirements applicable to recommenda-

Page 142 TITLE 2—THE CONGRESS § 360 Editorial Notes 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 dis- approved by a joint resolution agreed to by the Con- gress not later than the last day of the 30-day period which begins on the date of which such recommenda- tions 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 para- graph (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) gen- erally, substituting provisions relating to the effective date of Presidential recommendations transmitted to Congress pursuant to section 358 of this title, for provi- sions 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 Presi- dential recommendations. 1977—Par. (1). Pub. L. 95–19 substituted provisions di- recting each house of the Congress to conduct a sepa- rate vote within sixty days on each Presidential rec- ommendation 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 i

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