Members (2) National Indian Gaming Commission, Department of Interior (P.L. 100-497, sec. 5) (102 Stat. 2470) Associate Director, Federal Emergency Management Agency (Reorganization Plan 3 of 1978; 92 Stat. 3788) Director, National Institute of Handicapped Research, Department of Education (P.L. 95-602 and 96–88; 20 U.S.C. 3441) Commissioners (3), Copyright Royalty Tribunal (P.L. 101-319; 104 Stat. 290) Members (9), Panama Canal Commission (P.L. 101-510; 104 Stat. 1846; 22 U.S.C. 3612) Executive Secretary, Christopher Columbus Fellowship Foundation (P.L. 102–281; 106 Stat. 144) Employees (2), Commission on National and Community Service (NTE level V) (P.L. 102-384; 106 Stat. 1457) Alternate United States Executive Directors (8), International Bank for Reconstruction and Development, Inter-American Development Bank, Asian Development Bank, Asian Development Fund, African Development Bank, African Development Fund, International Monetary Fund, and European Bank for Reconstruction and Development (P.L. 102-391, sec. 572; 106 Stat. 1683). Special Counsel, Financial Institutions Fraud Unit, Department of Justice (P.L. 101-647, sec. 2537(c); terminates on Nov. 29, 1995) POSITIONS PLACED IN LEVELS IV AND V BY THE PRESIDENT UNDER 5 U.S.C. 5317 (E.O. 12154, SEPTEMBER 4, 1979) Level IV Counselor to the Secretary, Department of the Treasury (E.O. 12236, 9/3/80) Executive Secretary of the National Security Council (E.O. 12422, 5/20/83) Assistant Secretary of the Air Force (1). (E.O. 12679, 6/23/89). Director, Office for Victims of Crime, Department of Justice. (E.O. 12749, 2/4/91). Director, Bureau of Justice Assistance, Department of Justice. (E.O. 12749, 2/4/91). Director of the National Institutes of Health. (E.O. 12758, 4/5/91). Members, Chemical Safety and Hazard Investigation Board (5). (E.O. 12814, 9/10/ 92). Commissioner on Aging, Department of Health and Human Services (E.O. 12841, 3/9/93) Level V Deputy Assistant Secretary of Defense for Reserve Affairs, Department of Defense Executive Director, Pension Benefit Guaranty Corporation, Department of Labor Executive Assistant and Counselor to the Secretary, Department of Labor Deputy Under Secretary for Education, Department of Education (E.O. 12237, September 3, 1980) § 5318. Adjustments in rates of pay (a) Subject to subsection (b), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of this title in the rates of pay under the General Schedule, the annual rate of pay for positions at each level of the Executive Schedule shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the percentage of such annual rate of pay which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989.1 The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect. (b) In no event shall the percentage adjustment taking effect under subsection (a) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 in the rates of pay under the General Schedule. ORGANIC STATUTE FOR THE CITIZENS' COMMISSION ON PUBLIC SERVICE AND COMPENSATION (Section 225 of Public Law 90-206 (81 Stat. 613, 642), as amended by section 6(a) of Public Law 91-375 (84 Stat. 719, 775), section 206(a) of Public Law 94-82 (89 Stat. 419, 423), section 401 of Public Law 95-19 (91 Stat. 39, 45), section 301 of Public Law 95-598 (92 Stat. 2549, 2688), section 143 of Public Law 97-164 (96 Stat. 45), section 135 of Public Law 99-190, section 101(a) of Public Law 100-202, and section 701 of Public Law 101-194.) CITIZENS' COMMISSION ON PUBLIC SERVICE AND COMPENSATION SEC. 225. (a) ESTABLISHMENT OF COMMISSION.-There is hereby established a commission to be known as the Citizens' Commission on Public Service and Compensation. (hereinafter referred to as the "Commission"). (b) MEMBERSHIP.— (1) The Commission shall be composed of 11 members, who shall be appointed from private life as follows: (A) 2 appointed by the President of the United States; (B) 1 appointed by the President pro tempore of the Senate, upon the recommendation of the majority and minority leaders of the Senate; (C) 1 appointed by the Speaker of the House of Representatives; (E) 5 appointed by the Administrator of General Services in accordance with paragraph (4). (2) No person shall serve as a member of the Commission who is (A) an officer or employee of the Federal Government; (B) registered (or required to register) under the Federal Regulation of Lobbying Act; or (C) a parent, sibling, spouse, child, or dependent relative, of anyone under subparagraph (A) or (B). 1 Section 704(a)(1) of the Ethics Reform Act of 1989 (P.L. 101-194; 103 Stat. 1716) provides as follows: SEC. 704. REVISION IN METHOD BY WHICH ANNUAL PAY ADJUSTMENTS FOR CERTAIN EXECUTIVE, LEGISLATIVE, AND JUDICIAL POSITIONS ARE TO BE MADE. (a) PERCENT CHANGE IN THE EMPLOYMENT COST INDEX.— (1) METHOD FOR COMPUTING PERCENT CHANGE IN THE ECI.- (i) the term "Employment Cost Index" or "ECI" means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics; and (ii) the term "base quarter" means the 3-month period ending on December 31 of a year. (B) METHOD.-For purposes of the provisions of law amended by paragraph (2), the "most recent percentage change in the ECI", as of any date, shall be one-half of 1 percent less than the percentage (rounded to the nearest one-tenth of 1 percent) derived by (i) reducing (I) the ECI for the last base quarter prior to that date, by (ii) dividing the difference under clause (i) by the ECI for the base quarter referred to in clause (i)(II), and (iii) multiplying the quotient under clause (ii) by 100, except that no percentage change determined under this paragraph shall be— (I) less than zero; or (II) greater than 5 percent. (3) The persons appointed under subparagraphs (A) through (D) of paragraph (1) shall be selected without regard to political affiliation, and should be selected from among persons who have experience or expertise in such areas as government, personnel management, or public administration. (4) The Administrator of General Services shall by regulation establish procedures under which persons shall be selected for appointment under paragraph (1)(E). Such procedures (A) shall be designed in such a way so as to provide for the maximum degree of geographic diversity practicable among members under paragraph (1)(E); (B) shall include provisions under which those members shall be chosen by lot from among names randomly selected from voter registration lists; and (C) shall otherwise comply with applicable provisions of this subsection. (5) The chairperson shall be designated by the President. (6) A vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made. (7) Each member of the Commission shall be paid at the rate of $100 for each day such member is engaged upon the work of the Commission and shall be allowed travel expenses, including a per diem allowance, in accordance with section 5703 of title 5, United States Code, when engaged in the performance of services for the Commission. (8)(A) The terms of office of persons first appointed as members of the Commission shall be for the period of the 1993 fiscal year of the Federal Government, and shall begin not later than February 14, 1993. (B) After the close of the 1993 fiscal year of the Federal Government, persons shall be appointed as members of the Commission with respect to every fourth fiscal year following the 1993 fiscal year. The terms of office of persons so appointed shall be for the period of the fiscal year with respect to which the appointment is made, except that, if any appointment is made after the beginning and before the close of any such fiscal year, the term of office based on such appointment shall be the remainder of such fiscal year. (C)(i) Notwithstanding any provision of subparagraph (A) or (B), members of the Commission may continue to serve after the close of a fiscal year, if the date designated by the President under subsection (g) (relating to the date by which the Commission is to submit its report to the President) is subsequent to the close of such fiscal year, and only if or to the extent necessary to allow the Commission to submit such report. (ii) Notwithstanding any provision of subsection (c), authority under such subsection shall remain available, after the close of a fiscal year, so long as members of the Commission continue to serve. (1) Without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, and on a temporary basis for periods covering all or part of any fiscal year referred to in subparagraphs (A) and (B) of subsection (b)(8) of this section (A) the Commission is authorized to appoint an Executive Director and fix his basic pay at the rate provided for level V of the Executive Schedule by section 5316 of title 5, United States Code; and (B) with the approval of the Commission, the Executive Director is authorized to appoint and fix the basic pay (at respective rates not in excess of the maximum rate of the General Schedule in section 5332 of title 5, United States Code) of such additional personnel as may be necessary to carry out the function of the Commission. (2) Upon the request of the Commission, the head of any department, agency, or establishment of any branch of the Federal Government is authorized to detail, on a reimbursable basis, for periods covering all or part of any fiscal year referred to in subparagraphs (A) and (B) of subsection (b)(8) of this section, any of the personnel of such department, agency, or establishment to assist the Commission in carrying out its function. (d) USE OF UNITED STATES MAILS BY COMMISSION.-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. (e) ADMINISTRATIVE SUPPORT SERVICES.-The Administrator of General Services shall provide administrative support services for the Commission on a reimbursable (f) FUNCTION.—The Commission shall conduct, in each of the respective fiscal years referred to in subparagraphs (A) and (B) of subsection (b)(8) of this section, 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) 1 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 Claims Court;2 (D) offices and positions under the Executive Schedule in subchapter II of chapter 53 of title 5, United States Code; and (E) the Governors of the Board of Governors of the United States Postal Service appointed under section 202 of title 39, United States Code. 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, United States Code, 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 subsection, the Commission shall determine and consider the appropriateness of the executive levels of such offices and positions. (g) REPORT BY COMMISSION TO THE 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, purview of subparagraphs (A), (B), (C), and (D) of subsection (f) of this section, together with the recommendations. Each such report shall be submitted on such date and 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. (h) RECOMMENDATIONS OF THE PRESIDENT WITH RESPECT TO PAY.— (1) After considering the report and recommendations of the Commission submitted under subsection (g), the President shall transmit to Congress his recommendations with respect to the exact rates of pay, the offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of subsection (f), 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 subsection 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 subsection (g). (i) EFFECTIVE DATE OF RECOMMENDATIONS OF THE PRESIDENT. (1) None of the President's recommendations under subsection (h) shall take effect unless approved under paragraph (2). (2)(A) The recommendations of the President under subsection (h) 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 1 Positions covered by these subsections are: the Comptroller General of the United States and Deputy Comptroller General; the General Counsel, GÃO; the Librarian and Deputy Librarian of Congress, and the Architect and Assistant Architect of the Capitol. 2 Positions covered by this subparagraph are: the Chief Justice of the United States and Associate Justices; circuit judges; district judges; judges of Court of Claims and the Court of Customs and Patent Appeals (now replaced by judges of the United States Court of Appeals for the Federal Circuit); judges of the Customs Court; the Director and the Deputy Director of the Administrative Office of the United States Courts; Commissioners of the Court of Claims (now known as judges of the United States Claims Court), and judges of the Tax Court and of the Court of Military Appeals. 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 subsection (h), 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) Except as provided in paragraph (4), any recommended pay adjustment approved under paragraph (2) shall take effect as of the date proposed by the President under subsection (h) with respect to such adjustment. (4)(A) Notwithstanding the approval of the President's pay recommendations in accordance with paragraph (2), none of those recommendations shall take effect unless, between the date on which the bill or resolution approving those recommendations is signed by the President (or otherwise becomes law) and the earliest date as of which the President proposes (under subsection (h)) that any of those recommendations take effect, an election of Representatives shall have intervened. (B) For purposes of this paragraph, the term "election of Representatives" means an election held on the Tuesday following the first Monday of November in any even-numbered calendar year. (j) EFFECT OF RECOMMENDATIONS OF THE PRESIDENT ON EXISTING LAW AND PRIOR PRESIDENTIAL RECOMMENDATIONS.-The recommendations of the President taking effect as provided in subsection (i) of this section shall1 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 subsection (h) and ending on the date of their approval under subsection (i)(2)), and (B) any prior recommendations of the President which take effect under this section. (k) PUBLICATION OF RECOMMENDATIONS OF THE PRESIDENT.-The recommendations of the President which take effect shall be printed in the Statutes at Large in the same volume as public laws and shall be printed in the Federal Register and included in the Code of Federal Regulations. (1) REQUIREMENTS APPLICABLE TO RECOMMENDATIONS.-Notwithstanding any other provision of this section, the recommendations submitted by the Commission to the President under subsection (g) and the recommendations transmitted by the President to the Congress under subsection (h), 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 subsection (f). (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, United States Code (relating to level I of the Executive Schedule), respectively shall be equal. 1Error exists in amendment to subsection (j), made by § 135(f) of P.L. 99–190. Executed according to probable intent. |