2 U.S.C. § 356 — Functions

Page 138 TITLE 2—THE CONGRESS § 354 § 354. Use of United States mails 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. (Pub. L. 90–206, title II, § 225(d), Dec. 16, 1967, 81 Stat. 643.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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. § 355. Administrative support services The Administrator of General Services shall provide administrative support services for the Commission on a reimbursable basis. (Pub. L. 90–206, title II, § 225(e), Dec. 16, 1967, 81 Stat. 643.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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. § 356. Functions The Commission shall conduct, in each of the respective fiscal years referred to in subpara- graphs (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 Represent- atives, the Resident Commissioner from Puer- to Rico, the Speaker of the House of Rep- resentatives, the President pro tempore of the Senate, and the majority and minority leaders of the Senate and the House of Representa- tives; (B) offices and positions in the legislative branch referred to in subsections (a), (b), (c), and (d) of section 203 of the Federal Legisla- tive 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 bank- ruptcy 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 relation- ships between and among the respective of- fices and positions covered by such review, and (ii) the appropriate pay relationships be- tween such offices and positions and the of- fices 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 po- sitions 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. (Pub. L. 90–206, title II, § 225(f), Dec. 16, 1967, 81 Stat. 643; Pub. L. 91–375, § 6(a), Aug. 12, 1970, 84 Stat. 775; Pub. L. 94–82, title II, § 206(a), Aug. 9, 1975, 89 Stat. 423; Pub. L. 95–598, title III, § 301, Nov. 6, 1978, 92 Stat. 2673; Pub. L. 97–164, title I, § 143, Apr. 2, 1982, 96 Stat. 45; Pub. L. 99–190, § 135(b), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 100–202, § 101(a) [title IV, § 408(c)], Dec. 22, 1987, 101 Stat. 1329, 1329–27; Pub. L. 101–194, title VII, § 701(d), Nov. 30, 1989, 103 Stat. 1764; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) 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, Aug. 14, 1964, 78 Stat. 415. Subsecs. (a) and (b), which origi- nally related to compensation of the Comptroller Gen- eral 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 Of- fice, 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, Prop- erty, and Works, and section 39a of former Title 44. Sec- tions 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 Comp- troller 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), 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, § 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, §§ 1, 3, Oct. 22, 1968, 82 Stat. 1239, 1306. The rates of pay of justices, judges, and other per- sonnel 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. 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 mag- istrates and’’. Page 139 TITLE 2—THE CONGRESS § 358 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 Presi- dent 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 minor- ity leaders of the Senate and the House of Representa- tives’’ 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 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 ad- justed at beginning of first applicable pay period com- mencing 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 Proce- dure. 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 Proce- dure. 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 Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. 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 DATE Section 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. EFFECTIVE RATES OF PAY PENDING CHANGES IN RATES PURSUANT TO FEDERAL SALARY ACT OF 1967 Pub. L. 94–82, title II, § 206(b), Aug. 9, 1975, 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 sub- section (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 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 Docu- ments].’’ § 356a. Omitted Editorial Notes CODIFICATION Section, Pub. L. 94–440, title II, [§ 100,] Oct. 1, 1976, 90 Stat. 1446, the Legislative Branch Appropriation Act, 1977, which provided salary rate limitations for posi- tions or offices referred to in section 356 of this title, applied to fiscal year 1977 and was not repeated in sub- sequent appropriation acts. See decision B–145492 of the Comptroller General of the United States, dated Sept. 21, 1976. Pub. L. 94–440, title II, [§ 100,] was formerly set out as a note under section 5318 of Title 5, Government Organization and Employees. § 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, together with its recommenda- tions. 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. (Pub. L. 90–206, title II, § 225(g), Dec. 16, 1967, 81 Stat. 644; Pub. L. 99–190, § 135(c), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101–194, title VII, § 701(e), Nov. 30, 1989, 103 Stat. 1764.) Editorial Notes AMENDMENTS 1989—Pub. L. 101–194 amended section catchline gen- erally and in text substituted ‘‘Commission with re- spect to rates of pay for’’ for ‘‘Commission of’’ and ‘‘De- cember 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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. 1985 FISCAL YEAR RECOMMENDATIONS ON PAY RATES OF OFFICES AND POSITIONS Pub. L. 99–190, § 135(g), Dec. 19, 1985, 99 Stat. 1323, pro- vided that notwithstanding section 357 of this title, the Commission on Executive, Legislative, and Judicial Salaries should not make recommendations on the pay rates of certain offices and positions under section 356 of this title in connection with rate reviews in fiscal year 1985. § 358. Recommendations of President with re- spect to pay (1) After considering the report and rec- ommendations 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 subpara- graphs (A), (B), (C), and (D) of section 356 of this