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

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