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. 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 Representa- tives and the President of the Senate, which were transmitted on January 9, 1989. [Pub. L. 101–1, Feb. 7, 1989, 103 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 in- creases 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, § 3, Feb. 12, 1987, 101 Stat. 94. However, such rec- ommendation became effective pursuant to section 359 of this title. A prior recommendation of the President for in- creases 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 Res- olution 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 in- creases 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 in- creases in executive, legislative, and judicial salaries was transmitted to Congress on Jan. 15, 1969 (34 F.R. 2241; 83 Stat. 863). § 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 en- acted into law a bill or joint resolution approv- ing 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 incon- sistent therewith; and (II) with full recognition of the constitu- tional 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 begin- ning on the date that the President transmits his recommendations to the Congress under sec- tion 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 pro- posed 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 recommenda- tions 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 recommenda- tions 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, § 225(i), Dec. 16, 1967, 81 Stat. 644; Pub. L. 95–19, title IV, § 401(a), Apr. 12, 1977, 91 Stat. 45; Pub. L. 99–190, § 135(e), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101–194, title VII, § 701(g), Nov. 30, 1989, 103 Stat. 1765.) Page 142 TITLE 2—THE CONGRESS § 360 Editorial Notes 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 dis- approved by a joint resolution agreed to by the Con- gress not later than the last day of the 30-day period which begins on the date of which such recommenda- tions 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 para- graph (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) gen- erally, substituting provisions relating to the effective date of Presidential recommendations transmitted to Congress pursuant to section 358 of this title, for provi- sions 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 Presi- dential recommendations. 1977—Par. (1). Pub. L. 95–19 substituted provisions di- recting each house of the Congress to conduct a sepa- rate vote within sixty days on each Presidential rec- ommendation 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 recommenda- tion, if approved, to become effective for the offices and positions covered at the beginning of the first pay pe- riod which begins after the thirtieth day following the approval of the recommendation by the second house of the Congress to approve the recommendation, for provi- sions 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 rec- ommendations to the budget, but only to the extent that, between the date of transmittal of the rec- ommendations in the budget and the beginning of the pay period, there has not been enacted into law a stat- ute establishing rates of pay other than the rates set in the recommendation, neither house of the Congress specifically disapproves all or part of the recommenda- tions, or both. Par. (2). Pub. L. 95–19 reenacted par. (2) without change. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees. § 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 shall be held and considered to modify, super- sede, 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 begin- ning on the date the President transmits his recommendations to the Congress under sec- tion 358 of this title and ending on the date of their approval under section 359(2) of this title), and (B) any prior recommendations of the Presi- dent which take effect under this chapter. (Pub. L. 90–206, title II, § 225(j), Dec. 16, 1967, 81 Stat. 644; Pub. L. 95–19, title IV, § 401(b), Apr. 12, 1977, 91 Stat. 46; Pub. L. 99–190, § 135(f), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101–194, title VII, § 701(h), Nov. 30, 1989, 103 Stat. 1766.) Editorial Notes AMENDMENTS 1989—Cl. (A). Pub. L. 101–194 substituted ‘‘(other than any provision of law enacted with respect to such rec- ommendations in the period beginning on the date the President transmits his recommendations to the Con- gress under section 358 of this title and ending on the date of their approval under section 359(2) of this title), and’’ for ‘‘(other than any provision of law enacted in the period specified section 359 of this title with respect to such recommendations), and’’. 1985—Pub. L. 99–190 substituted ‘‘taking effect as pro- vided in section 359 of this title shall’’ for ‘‘transmitted to the Congress immediately following a review con- ducted by the Commission in one of the fiscal years re- ferred to in section 352(2) and (3) of this title shall, if approved by the Congress as provided in section 359 of this title,’’, and in cl. (A) struck out ‘‘in paragraph (1) of’’ before ‘‘section 359 of this title’’. 1977—Pub. L. 95–19 inserted ‘‘, if approved by the Con- gress as provided in section 359 of this title,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees. § 361. Publication of recommendations 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 in- cluded in the Code of Federal Regulations. (Pub. L. 90–206, title II, § 225(k), Dec. 16, 1967, 81 Stat. 644.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees. § 362. Requirements applicable to recommenda- tions Notwithstanding any other provision of this chapter, the recommendations submitted by the Commission to the President under section 357 of this title, and the recommendations trans- mitted by the President to the Congress under section 358 of this title, 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 ad- justment may occur no earlier than January 1