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

submitted 59 years ago by Pub. L. 90-206 to r/title-2-THE-CONGRESS · 391 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President's pay recommendations only take effect if Congress passes a bill approving them completely, by recorded vote. There's a special fast-track process to consider that bill within 60 days. Even then, the pay change can't start until a House election has happened after the bill becomes law.

(1) None of the President's pay recommendations under section 358 take effect unless Congress approves them under (2). (2) (A) The recommendations count as approved if Congress enacts a bill or joint resolution approving them in their entirety, passed by a recorded vote showing how each member of Congress voted. (B) (i) This fast-track procedure is adopted by Congress as part of the Senate's and House's own rulemaking power — it's treated as part of each chamber's rules, replacing any conflicting rule, though each chamber can still change its own procedural rules at any time, the same way it could change any other rule. (ii) During the 60 calendar days after the President sends the recommendations to Congress under section 358, a bill or joint resolution approving them in their entirety — if introduced by the majority leader of that chamber (or their designee) — gets the highest privilege for being considered. (3) Except as (4) provides, any pay adjustment approved under (2) takes effect on the date the President originally proposed under section 358. (4) (A) Even if the President's recommendations are approved under (2), none of them take effect unless an "election of Representatives" happens between the date the approving bill becomes law and the earliest effective date the President proposed under section 358. (B) An "election of Representatives" means the general election held on the Tuesday after the first Monday of November in an even-numbered year.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1967Enacted · Pub. L. 90-206 · 81 Stat. 644
  • 1977Amended · Pub. L. 95-19 · 91 Stat. 45
  • 1985Amended · Pub. L. 99-190 · 99 Stat. 1322
  • 1989Amended · Pub. L. 101-194 · 103 Stat. 1765

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-206 on 1967-12-16.

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