§ 359. — Effective date of recommendations of President.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC359]
TITLE 2--THE CONGRESS
CHAPTER 11--CITIZENS' COMMISSION ON PUBLIC SERVICE AND COMPENSATION
Sec. 359. Effective date of recommendations of President
(1) None of the President's recommendations under section 358 of
this title shall take effect unless approved under paragraph (2).
(2)(A) The recommendations of the President under section 358 of
this title 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 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
section 358 of this title, 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 section 358 of this title 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 section 358 of this title) 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.
(Pub. L. 90-206, title II, Sec. 225(i), Dec. 16, 1967, 81 Stat. 644;
Pub. L. 95-19, title IV, Sec. 401(a), Apr. 12, 1977, 91 Stat. 45; Pub.
L. 99-190, Sec. 135(e), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101-194,
title VII, Sec. 701(g), Nov. 30, 1989, 103 Stat. 1765.)
Amendments
1989--Pub. L. 101-194 amended section generally. Prior to amendment,
section read as follows:
``(1) The recommendations of the President which are transmitted to
the Congress pursuant to section 358 of this title shall be effective as
provided in paragraph (2) of this section unless any such recommendation
is disapproved by a joint resolution agreed to by the Congress not later
than the last day of the 30-day period which begins on the date of which
such recommendations are transmitted to the Congress.
``(2) The effective date of the rate or rates of pay which take
effect for an office or position under paragraph (1) of this section
shall be the first day of the first pay period which begins for such
office or position after the end of the 30-day period described in such
paragraph.''
1985--Par. (1). Pub. L. 99-190 amended par. (1) generally,
substituting provisions relating to the effective date of Presidential
recommendations transmitted to Congress pursuant to section 358 of this
title, for provisions relating to voting requirements and procedures for
Presidential recommendations to Congress.
Par. (2). Pub. L. 99-190 amended par. (2) generally, substituting
provisions relating to effective date of rates of pay for offices or
positions under par. (1), for provisions relating to later operative
dates of Presidential recommendations.
1977--Par. (1). Pub. L. 95-19 substituted provisions directing each
house of the Congress to conduct a separate vote within sixty days on
each Presidential recommendation with respect to the offices and
positions described in section 356(A), (B), (C), and (D) of this title,
with the votes to be recorded so as to reflect the votes of each
individual member and with each recommendation, if approved, to become
effective for the offices and positions covered at the beginning of the
first pay period which begins after the thirtieth day following the
approval of the recommendation by the second house of the Congress to
approve the recommendation, for provisions directing that all or part of
the recommendations of the President transmitted to the Congress in the
budget under section 358 of this title be effective at the beginning of
the first pay period beginning after the thirtieth day following the
transmittal of the recommendations to the budget, but only to the extent
that, between the date of transmittal of the recommendations in the
budget and the beginning of the pay period, there has not been enacted
into law a statute establishing rates of pay other than the rates set in
the recommendation, neither house of the Congress specifically
disapproves all or part of the recommendations, or both.
Par. (2). Pub. L. 95-19 reenacted par. (2) without change.
Section Referred to in Other Sections
This section is referred to in section 360 of this title.