§ 356. — Functions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC356]
TITLE 2--THE CONGRESS
CHAPTER 11--CITIZENS' COMMISSION ON PUBLIC SERVICE AND COMPENSATION
Sec. 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, 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.
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, 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.
(Pub. L. 90-206, title II, Sec. 225(f), Dec. 16, 1967, 81 Stat. 643;
Pub. L. 91-375, Sec. 6(a), Aug. 12, 1970, 84 Stat. 775; Pub. L. 94-82,
title II, Sec. 206(a), Aug. 9, 1975, 89 Stat. 423; Pub. L. 95-598, title
III, Sec. 301, Nov. 6, 1978, 92 Stat. 2673; Pub. L. 97-164, title I,
Sec. 143, Apr. 2, 1982, 96 Stat. 45; Pub. L. 99-190, Sec. 135(b), Dec.
19, 1985, 99 Stat. 1322; Pub. L. 100-202, Sec. 101(a) [title IV,
Sec. 408(c)], Dec. 22, 1987, 101 Stat. 1329, 1329-27; Pub. L. 101-194,
title VII, Sec. 701(d), Nov. 30, 1989, 103 Stat. 1764; Pub. L. 102-572,
title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
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 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, Secs. 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, Sec. 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, Secs. 1, 3, Oct. 22, 1968, 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.
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 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).
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 adjusted at beginning of first
applicable pay period commencing on or after such date, see section
101(a) [title IV, Sec. 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 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 Procedure.
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 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 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 Rates of Pay Pending Changes in Rates Pursuant to Federal
Salary Act of 1967
Section 206(b) of Pub. L. 94-82 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 [Aug. 9, 1975], as adjusted under
sections 203 and 204 of this title [amending sections 31, 60a note, 136a
and 136a-1 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].''
Section Referred to in Other Sections
This section is referred to in sections 60a-2a, 357, 358, 362, 363,
364 of this title.
