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2 U.S.C. § 359 — Effective date of recommendations of President

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 359 — Effective date of recommendations of President

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Stable record: federal_law:legal_authorities:record_usc_54cf6595cc264fe420d65ba3
Source file: Laws/federal/codes/united-states-code/title-2/section-359-effective-date-of-recommendations-of-president--8406478950.md
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Source location: Title 2, Chapter 11, § 359; chapter-011-citizens-commission-on-public-service-and-compensation.md

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(1) None of the President’s recommendations under [section 358 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section358&num=0&edition=prelim) shall take effect unless approved under paragraph (2). (2) (A) The recommendations of the President under [section 358 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section358&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section358&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section358&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section358&num=0&edition=prelim)) 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.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section357&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section356&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section357&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3110 — Employment of relatives; restrictions

**(a)** For the purpose of this section— (1) “agency” means— (A) an Executive agency; (B) an office, agency, or other establishment in the legislative branch; (C) an office, agency, or other establishment in the judicial branch; and (D) the government of the District of Columbia; (2) “public official” means an officer (including the President and a Member of Congress), a member of the uniformed service, an employee and any other individual, in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals, or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency; and (3) “relative” means, with respect to a public official, an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. **(b)** A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a civilian position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual. **(c)** An indi

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 360 — Effect of recommendations on existing law and prior recommendations

The recommendations of the President taking effect as provided in [section 359 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section359&num=0&edition=prelim) shall 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 [section 358 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section358&num=0&edition=prelim) and ending on the date of their approval under [section 359(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section359/2&num=0&edition=prelim)), and (B) any prior recommendations of the President which take effect under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 359 — Effective date of recommendations of

Page 141 TITLE 2—THE CONGRESS § 359 For offices and positions under the Execu- tive Schedule in subchapter II of chapter 53 of title 5, United States Code, as fol- lows: 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 Represent- atives ....................................................... 175,000 For the President Pro Tempore of the Sen- ate, majority leader and minority leader of the Senate, and majority leader and minority leader of the House of Rep- resentatives ............................................. 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 leg- islative 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 Ac- counting 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

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