2 U.S.C. § 358
Section 358 · Recommendations of President with respect to pay
Amended 3 times on record
Applied in 2 court decisions — leading case Humphrey v. Baker (1988)
Most recently applied in Humphrey v. Baker (May 1988)
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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, §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salary for Members, which recommendation was to assume a prohibition on receipt of honoraria by Members, was repealed by Pub.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, §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).