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§ 358. —  Recommendations of President with respect to pay.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 2USC358]

 
                          TITLE 2--THE CONGRESS
 
   CHAPTER 11--CITIZENS' COMMISSION ON PUBLIC SERVICE AND COMPENSATION
 
Sec. 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, 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, 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.

(Pub. L. 90-206, title II, Sec. 225(h), Dec. 16, 1967, 81 Stat. 644; 
Pub. L. 99-190, Sec. 135(d), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101-
194, title VII, Sec. 701(f), Nov. 30, 1989, 103 Stat. 1765.)


                               Amendments

    1989--Pub. L. 101-194 amended section generally. Prior to amendment, 
section read as follows: ``The President shall include, in the budget 
next transmitted under section 1105(a) of title 31 by him to the 
Congress after the date of the submission of the report and 
recommendations of the Commission under section 357 of this title, 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 section 356 of this title.''
    1985--Pub. L. 99-190 inserted reference to section 1105(a) of title 
31, and struck out last sentence defining ``budget''.


Commission's First Report After July 30, 1983, To Include Recommendation 
 for Appropriate Salary for Members of Congress; Prohibition on Receipt 
                              of Honoraria

    Pub. L. 98-63, title I, Sec. 908(e), July 30, 1983, 97 Stat. 338, 
which directed Commission on Executive, Legislative, and Judicial 
Salaries to include in first report required to be submitted by it after 
July 30, 1983, a recommendation for an appropriate salary for Members, 
which recommendation was to assume a prohibition on receipt of honoraria 
by Members, was repealed by Pub. L. 102-90, title I, Sec. 6(c), Aug. 14, 
1991, 105 Stat. 451.


             Compensation and Emoluments of Attorney General

    Pub. L. 94-2, Feb. 18, 1975, 89 Stat. 4, provided in part that the 
compensation and other emoluments attached to the Office of the Attorney 
General on and after Feb. 4, 1975, shall be those that on or after Feb. 
18, 1975, attach to offices and positions at level I of the Executive 
Schedule (section 5312 of Title 5).


 Recommendations for Increases in Executive, Legislative, and Judicial 
                                Salaries

              Transmitted to Congress Jan. 9, 1989

H.Doc. No. 101-21, Cong. Rec., vol. 135, pt. 1, p. 251, Jan. 19, 
                              1989

    Dear Mr. Speaker: (Dear Mr. President:) \1\
    As required by section 225 of the Federal Salary Act of 1967, Public 
Law 90-206 (2 U.S.C. 351 et seq.), the latest Quadrennial Commission on 
Executive, Legislative, and Judicial Salaries (``Commission'') has 
submitted to me recommendations on salaries for Senators, 
Representatives, Federal judges, Cabinet officers, and other agency 
heads, and certain other officials in the executive, legislative, and 
judicial branches.
    The statute requires that, in the budget next submitted after 
receipt of the report of the Commission, I set forth recommendations for 
adjustment of these salaries. Pursuant to section 225(i), as amended by 
section 135 of Public Law 99-190 [2 U.S.C. 359], these recommendations 
will be effective unless Congress disapproves the recommendation by a 
joint resolution within 30 days following the transmittal of my budget.
    The Commission's report, submitted to me on December 14, 1988, 
documented both the substantial erosion in the real level of Federal 
executive pay that has occurred since 1969 and the recruitment and 
retention problems that have resulted, especially for the Federal 
judiciary. The Commission is to be commended for its diligent and 
conscientious effort to address the complicated and complex problems 
associated with Federal pay levels.
    The Commission found that Federal executives and legislators have 
experienced a decline of approximately 35 percent in real salaries since 
1969. In contrast, the salaries of General Schedule employees have 
declined by only 8 percent over the same period. The Commission's 
recommendations go a long way towards compensating for this salary 
erosion, but they do not make up the full gap. For example, for an 
official at Executive Level II, which is also the Congressional salary 
rate, the salary level adjusted for inflation since 1969 would be 
$140,340, while the Commission's recommendation is $135,000.
    Every one of the Commissions that has met over the past 20 years 
concluded that a pay increase for key Federal officials was necessary. 
Each Commission found that pay for senior Government officials fell far 
behind that of their counterparts in the private sector. They also 
surmised that we cannot afford a Government composed primarily of those 
wealthy enough to serve.
    In accepting the Commission's salary recommendations, I recognize 
that we are under a mandate to reduce the Federal deficit and hold the 
costs of Government to an absolute minimum. Thus, while I have decided 
to propose a pay increase that accepts in full the salary 
recommendations made by the Commissioners in their report to me last 
month, this proposal will not increase the deficit; the funding for the 
pay increase will be fully absorbed within proposed budget levels.
    This increase fulfills my promise made in January 1987, that, 
assuming continued progress toward eliminating the deficit and favorable 
economic conditions, I would recommend another step toward overcoming 
the erosion of real income.
    While this represents a substantial increase in salaries, it is 
coupled with the salutary recommendation of a ban on receipt of all 
honoraria in all branches of Government. Although my recommendation 
concerning honoraria has no legal effect, I urge the swiftest possible 
consideration of this important reform. The Commission further 
recommended that Congress enact legislation to bar officials in the 
three branches from receiving honoraria. I endorse these recommendations 
of the Commission as an appropriate step toward better government. A 
salary increase and a prohibition on receipt of honoraria together will 
help ensure that the Government is able to attract and keep talented 
senior officials and that the questions that arise from outside payments 
of honoraria are put to rest.
    Accordingly, pursuant to subparagraphs (A), (B), (C), and (D) of 
section 225(f) and section 225(h) of Public Law 90-206 (81 Stat. 643 and 
644), as amended [2 U.S.C. 356(A)-(D), 358] [this section]:

For the Vice President of the United 
    States..............................                        $175,000
For offices and positions under the 
    Executive Schedule in subchapter II 
    of chapter 53 of title 5, United 
    States Code, as follows:
            Positions at level I................                 155,000
            Positions at level II...............                 135,000
            Positions at level III..............                 125,000
            Positions at level IV...............                 120,000
            Positions at level V................                 115,000
For the Speaker of the House of 
    Representatives.....................                         175,000
For the President Pro Tempore of the 
    Senate, majority leader and minority 
    leader of the Senate, and majority 
    leader and minority leader of the 
    House of Representatives............                         155,000
For Senators, Members of the House of 
    Representatives, Delegates to the 
    House of Representatives, and the 
    Resident Commissioner from Puerto 
    Rico................................                         135,000
For other officers and positions in the 
    legislative branch as follows:
            Comptroller General of the United 
                States..........................                 135,000
            Deputy Comptroller General of the 
                United States, Librarian of 
                Congress, and Architect of the 
                Capitol.........................                 125,000
            General Counsel of the General 
                Accounting Office, Deputy 
                Librarian of Congress, and 
                Assistant Architect of the 
                Capitol.........................                 120,000
For Justices, judges, and other 
    personnel in the judicial branch as 
    follows:
            Chief Justice of the United States..                 175,000
            Associate Justices of the Supreme 
                Court...........................                 165,000
            Judges:
                    U.S. Courts of Appeals......                 140,000
                    Court of Military Appeals...                 140,000
                    U.S. District Courts........                 135,000
                    Court of International Trade                 135,000
                    Tax Court of the United 
                        States..................                 135,000
                    U.S. Claims Court...........                 135,000
Sincerely,
                                                          Ronald Reagan.

    \1\ Editorial note. This is the text of identical letters addressed 
to the Speaker of the House of Representatives and the President of the 
Senate, which were transmitted on January 9, 1989.


        Disapproval of Salary Recommendations for 1989 Increases

    Pub. L. 101-1, Feb. 7, 1989, 102 Stat. 3, provided: ``That the 
Congress disapproves in their entirety the recommendations transmitted 
to the Congress by the President on January 9, 1989, under section 
225(h) of the Federal Salary Act of 1967.''


                      Prior Salary Recommendations

    A prior recommendation of the President for increases in executive, 
legislative, and judicial salaries, which was transmitted to Congress on 
Jan. 5, 1987 (52 F.R. 4125; 101 Stat. 1967), was disapproved by Pub. L. 
100-6, Sec. 3, Feb. 12, 1987, 101 Stat. 94. However, such recommendation 
became effective pursuant to section 359 of this title.
    A prior recommendation of the President for increases in executive, 
legislative, and judicial salaries, which was transmitted to Congress on 
Jan. 7, 1981 (H.Doc. No. 97-6, Cong. Rec., vol. 127, pt. 1, p. 241, Jan. 
9, 1981), was disapproved by House Resolution No. 109, Ninety-sixth 
Congress, Mar. 12, 1981, Senate Resolution No. 89, Ninety-sixth 
Congress, Mar. 12, 1981, Senate Resolution No. 90, Ninety-sixth 
Congress, Mar. 12, 1981, Senate Resolution No. 91, Ninety-sixth 
Congress, Mar. 12, 1981, and Senate Resolution No. 92, Ninety-sixth 
Congress, Mar. 12, 1981.
    A prior recommendation of the President for increases in executive, 
legislative, and judicial salaries was transmitted to Congress on Jan. 
17, 1977 (42 F.R. 10297; 91 Stat. 1643).
    A prior recommendation of the President for increases in executive, 
legislative, and judicial salaries was transmitted to Congress on Jan. 
15, 1969 (34 F.R. 2241; 83 Stat. 863).

                  Section Referred to in Other Sections

    This section is referred to in sections 359, 360, 362 of this title.



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